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Home My WebLink About09/16/2003, C2 - SNACK BAR DONATION FOR THE DAMON - GARCIA SPORTS FIELDS i councit ma September 16,2003 acEnaa RepoRt Item N.J CITY O F SAN LUIS O B I S P O FROM: .Paul LeSage, Parks and Recreation Director SUBJECT: SNACK BAR DONATION FOR THE DAMON-GARCIA SPORTS FIELDS CAO RECOMMENDATIONS: 1. Approve the recommendations of the Parks and Recreation Commission and accept the donation of a snack bar building for the Damon-Garcia Sports Field from the Rotary Club of San Luis Obispo De Tolosa. 2. Authorize the Mayor to sign the Donor Agreement (Attachment 1). 3. Approve the use fee schedule for the snack bar. DISCUSSION The Rotary Club of San Luis Obispo De Tolosa has offered to donate and construct a snack bar at the Damon-Garcia Sports Field. This donation (offer to donate, Attachment 2) has been anticipated for some time and was planned for in the project. As noted in Attachment 1_, Exhibit A, the snack bar is located at the entrance to the fields. The utilities have already been stubbed out to the site. The building, while identical to the other structures on the site, will still need to be reviewed by the Architectural Review Commission. Potential user groups, such as AYSO have assisted the Rotary Club in developing the interior design and fixtures for the snack bar. When completed, the snack bar will be operated by the various volunteer groups who will use the Damon-Garcia Sports Fields. A Parks and Recreation Department staff member will supervise the use. Staff and users will work together to develop rules for the snack bar. CONCURRENCES The project was reviewed and unanimously approved by the Parks and Recreation Commission on August 6, 2003, (Attachment 3). FISCAL IMPACT The cost of stubbing utilities to the site was included in the overall project budget for the Damon- Garcia Sports Fields. G.•I5bRIKlor0ge7da Hep FikslGR-D"Wn of DG SW&Bar.DOC Ca I G 1 Damon-Garcia Sports Field -Snack Bar Donation Page 2 The following use fees are recommended for use of the snack bar: 1. For youth groups conducting regular league activity and at least half the participants are residents of the City of San Luis Obispo—No charge. 2. For adult groups conducting any activity— 10% of gross sales. 3. For youth groups conducting tournaments where more than half of the players are not residents of the City of San Luis Obispo 10%of gross sales. ATTACHMENTS 1. Donor Agreement. Exhibit A—Site Plan. 2. Offer of donation by the Rotary Club. 3. Parks and Recreation Commission Minutes of August 6, 2003. G:LSwff KirerUg"da Pmp File iCdR-Dowtion of DG Snarl Bar.DOC / 1 ATTACHMENT 1 city. of san Luis OBISPO DONOR AGREEMENT ., . .ai 'y: 'Y'4, '.= a ;u„[..ii`r ,.``�. ..! y§••.iVo- „-f.. •,`a.4 v THIS AGREEMENT is made and entered into 'in the City of San Luis Obispo on this 16' day of September, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City",and the Rotary Club of San Luis Obispo Del Tolosa,hereinafter referred to as"Donor". WITNESSETH: WHEREAS, donor desires to donate a snack bar building at the Damon-Garcia Sports Fields (hereinafter referred to as"Donation")as shown as in Exhibit A-1 and A-2;and WHEREAS, acceptance of the Donation is consistent with City Policy as set forth in Resolution No. (1999 Series). NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above,until acceptance or completion of the Donation. 2. DONOR'S OBLIGATIONS; Donor shall perform as follows: • Design and build a snack bar at the Damon-Garcia Sports Fields as shown in Exhibit A-1 and A-2. • Obtain the necessary permits and approvals for the project. 3. CITY OBIGATIONS: City shall perform as follows: • Waive all approval fees. • Assume responsibility for the snack bar once it is completed. 4. RECOGNITION: The Donor shall be recognized in the following manner: A 12" x 18"bronze plaque,placed on the front of the building, with the wording: This snack bar donated by the Rotary Club of San Luis Obispo De Tolosa, and the date. The plaque could also list the club president,project co-coordinator,architect,and contractor. G:\Stafl\KlserWgenda Prep FileS\Donatlon Agreement DG Snack Bar.DOC ATTACHOT 1 aonoiz aguEEment page 2 5. TAX STATUS OF CITY: City hereby confirms that City is an organization described in Section 501(c)(3) and 170(b)(1)(A)(v) of the Internal Revenue Code, to which contribution are deductible for Federal income tax purposes to the extent provided in Section 170 and all other applicable section of the Code. Donor acknowledges and understands that he/she should consult with his or her tax consultant as to the deductibility of the Donation for Federal income tax purposes. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. 8. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Donor Club President Rotary Club of San Luis Obispo de tolosa .390 Higuera Street San Luis Obispo,CA 93401 9. AUTHORITY TO EXECUTE AGREEMENT.. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. MACHMEW I 6onot2 agQeement parr 3 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year fust above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: City Clerk Mayor APPROVED AS TO FORM: DONOR: By: - i ttorney Club President ATTACHMENT—.9.e.. Rntan� Club of San Luis Obispo de tolnca 390 Higuera Street, San Luis Obispo, Ca 93401 July 23, 2003 Mayor Dave Romero 990 Palm Street San Luis Obispo, Ca 93401 J Dear Mayor Romero, The Rotary Club of San Luis Obispo de tolosa intents to donate funding.for the Concession Stand at the new Damon Garcia project. The Club members are excited about this project and look forward toward working with the city to help complete this sorely needed youth sports complex. Your truly, Benjamin C. Hall Club President ca rY NVId MUS a, t�6 p �I •t''� •v�`a V801ai 3'aAWloa vo'Odmeo eur,ave'cena elmoae vmevo nowve a 1 i /r UVS NOUNS AdV108 ° } 0 ° Q — I I C _ I I�' 0 I /7I ° o • ° ° O � o o \ , SNOUVA313 NV-Id 800-Wa, T �I� ��! x,,�olc• VBol013a AtlV1CH ro'aameo enm uve'arai auwae vnuro norma UVS )IOVNS AEIVJ O80 ul wlr VIII � i � �� 0 II�i �- � k8l•i • EAIi n i 5 i e jig z E m oq Z a � rF+ m m o m vg \ g to ��la ii9944[(8�$t(p a;I�2�htp ! 3 �IeSY!Y Q Yl] 31�t�9Y C• ...... g 0 0�� u• n 1 - ATrAiIMENT _ Parks and Recreation Commission MINUTES City-County Library Conference Room Wednesday, August 6,2003 7:00 p.m. CALL TO ORDER: Chair Peter Dunan called the meeting to order at 7`.00 ROLL CALL: Vice Chair Bill Pyper; Commissioners Debbie %Nkaniel Buckshi, Jim Neville,and Gary Clay e O� ABSENT: Chair Pete Dunan 0� O STAFF: Director Paul LeSage,Larry Tolson,Linda Fitzgerald, and Cindy McDonald. CONSIDERATION OF MINUTES: The minutes of the May 7, 2003 meeting were approved as provided with the correction of Mr. Kornreich's name. PUBLIC COMMENT PERIOD: There was no public comment. 1. Volunteer of the Month Postponed to the next meetin . 2. Snack Bar ETonation for the Damon-Garcia Sports Field Vice Chair Pyper introduced Garth Kornreich who discussed the donation of the snack bar for the Damon-Garcia Sports Field. Recommendation: Endorse the offer of donation of a snack bar building at the Damon-Garcia Sports Fields from the Rotary de Tolosa of San Luis Obispo. (Neville/Clay,unanimous). 3. Directors eport LeSage distributed handout and briefed the Commission on the following subjects: • The updated Margarita Area Specific Plan. • Advertising in City Parks—this will be on the agenda next month. • Damon-Garcia—possibility of sponsorship tiles. • Ludwick Center is coming together well. • Art Center Expansion. • Bishop Peak Fire of July 16. • The First Tee Program. 0,1 ,9 CI Parks 8 Rer Comm%ssFM120031minutes108.08.03 aonda.doc