HomeMy WebLinkAbout05/06/2008, C7 - 2008 SAN LUIS OBISPO BASEBALL STADIUM AGREEMENTS U
counat M�D� U
Ac,enda RepoRt lei
CITY O F SAN LUIS OBISPO
FROM: Betsy Kiser, Parks & Recreation Director
Prepared By: Linda Fitzgerald, Recreation Manager
James P. Bremer, Recreation Supervisor
SUBJECT: 2008 SAN LUIS OBISPO BASEBALL STADIUM AGREEMENTS
CAO RECOMMENDATION
1. Approve and authorize the Mayor to execute Agreement for Use of the San Luis Obispo
Baseball Stadium between the City of San Luis Obispo and the San Luis Obispo Blues
Baseball Inc. for the 2008 baseball season.
2. Approve and authorize the Mayor to execute Agreement for Use of the San Luis Obispo
Baseball Stadium between the City of San Luis Obispo and the San Luis Obispo Rattlers
Baseball Inc. for the 2008 baseball season.
DISCUSSION
Background
The San Luis Obispo Baseball Stadium (SLO Stadium), located in Sinsheimer Park, is a highly
utilized venue by local baseball teams. The facility is enclosed and has a full-size lighted
baseball field with seating for 2,000 people, a concession stand, a barbecue area, and a press box.
Use typically begins in late January and runs through mid-September with the heaviest occurring
in the months of June and July when San Luis Obispo Babe Ruth Baseball, San Luis Obispo
Blues Baseball team (SLO Blues), San Luis Obispo Rattlers Baseball team (SLO Rattlers), and
the Central Coast Baseball League play their seasons.
Since the early 1970's, use of the SLO Stadium has been governed by a Priority For Use Policy
which has enabled the SLO Stadium to be effectively managed and shared by interested parties.
When a new semi-professional team requested use of the facility for the 2007 season,
competition for evenings and weekends became so fierce that it required mediation to resolve
scheduling conflicts.
Due to the challenges faced during the 2007 season, the Council directed staff to return at the end
of the baseball season with a review of the uses and recommendations for improved management
of the facility for future years. With input from a Sub-committee of the Joint Use Committee
(JUC) and reviews from both the JUC and the Parks and Recreation Commission (PRC), Council
approved a management system designed to prevent a repeat of the 2007 "turf wars". That
management plan included, among other things, the release of a Request for Proposals (RFP)
from the two competing semi-professional teams for use of the SLO Stadium for 2008. The RFP
process resulted in the City receiving exceptionally well developed management proposals from
both the SLO Blues and the SLO Rattlers and a Memorandum of Understanding between the
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2008 San Luis Obispo Baseball Stadium Agreements Page 2
teams for cooperative use of the facility for the next four years. Given the positive outcome of
the RFP process, Council approved the use of the facility by both semi-professional organizations
and directed staff to develop formal use agreements with each team.
Terms of the Proposed Agreements
Information from the proposals was incorporated into an "Agreement for Use" for each team. In
April 2008, City staff met separately with representatives of the SLO Blues and SLO Rattlers to
negotiate the proposed Agreements to meet the. specific needs of each organization. Each of the
proposed Agreements includes the following".-
1)
ollowing:1) Management and communication ethic
2) Facility needs and management plan
3) Field preparation needs and requirements
4) Spectator management plan
5) Parking management plan
6) Advertising signage and banner plan
7) Storage needs and plan
8) Special events plan
9) Food and beverage concession management plan
10)Security and safety plan
11)Use permits
12)Insurance requirements
In addition to the above terms, the proposed Agreements include the option for the City to extend
the Agreements each for an additional two years. The extension serves a two-fold purpose in
that: 1) it greatly benefits. the teams, who need as much lead time as possible to develop
competitive and flexible season schedules, and 2) it provides a suitable and efficient means for
City staff to continue agreements without lengthy and time consuming negotiations, if all goes
well throughout the season.
CONCURRENCES
The proposed Agreements have been reviewed and approved by representatives from both the
SLO Blues and the SLO Rattlers Baseball organizations. The Public Works Director and Risk
Manager have also reviewed the Agreements and concur with their terms and conditions.
FISCAL IMPACT
Additional revenue is expected as a result of the new stadium use fees approved by Council in
October 2007. Revenue from semi-professional baseball team use is expected to be 40% (or
$15,300) greater than last year, for an estimated total income of$25,650.
ATTACHMENTS
1. Agreement for Use with the SLO Blues Baseball, Inc.
2. Agreement for Use with SLO Rattlers Baseball, Inc.
T:\Council Agenda ReportsTarks&Recreation CAR\CAR 2008 stadium useagreements 4.06.08.doc
ATiACiriENT.- Z
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
SAN LUIS OBISPO BLUES BASEBALL, INC. FOR USE OF
SAN LUIS OBISPO BASEBALL STADIUM
FOR 2008 SEASON
This Agreement, made and entered into this 9th day of April, 2008, by and between the CITY OF SAN
LUIS OBISPO, hereinafter"CITY" and SAN LUIS OBISPO BLUES BASEBALL, INC., hereinafter
"PERMITTEE."
WHEREAS, City is the owner and operator of San Luis Obispo Baseball Stadium, located in
Sinsheimer Park, hereinafter"FACILITY;" and
WHEREAS, in accordance with the provisions of the San Luis Obispo Municipal Code, the
City, within its discretion, allows for the use of the Facility by interested persons and groups, both public
and private; and
WHEREAS, Permittee seeks to schedule baseball games and/or tournaments at the Facility.
NOW, THEREFORE, in consideration of the mutual promises, agreements, covenants and
conditions herein set forth, City and Permittee mutually agree and covenant as follows:
1. Management and Communication Ethic:
The parties hereby agree they shall carry out this agreement in good faith, and in a manner that
demonstrates professionalism, respect and accountability, as evidenced by:
1.1 A norm of respectful communication and problem solving in the day-to-day
implementation of the agreement.
1.2 Standard methods of communication that assure reliable and timely responses that
minimize the need for redundant follow-up or urgent "last minute" action.
1.3 That proposals for new events or considerations not covered in this agreement are made
with appropriate lead-time so that parties may thoroughly understand such requests and
respond consistent with their respective procedural requirements.
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1.4 That problems, when they occur, are addressed between the parties directly involved, at the
lowest possible level according to defined Permittee and City contacts, in a manner that
respects the individuals and their responsibilities.
1.5 That notification of failures to abide by the terms of the agreement are clearly and
respectfully expressed, with follow-up sanctions that are proportionate to the failure, as
expressed in this agreement. .
1.6 That problems and failures in the implementation of the agreement are rare and
unintentional, with an overall experience that is characterized as smooth, cooperative, and
highly respectful of the mutual understandings herein agreed to between the parties.
2. Application:
2.1 Application and Use: This agreement applies to the use of Facility and the adjacent
barbecue area only. The use of the Facility is for regulation baseball games only.
2.2 Non-exclusivity: Use of Facility and adjacent parking lot by Permittee is not exclusive.
3. Fees, Licenses and Insurance:
3.1 Facility Use Fees: Fees for use of the Facility shall be charged on an hourly rate of$21.00/
hour, $19.00/hour for lights, $14.25/hour for on site staff, concession stand rental of$20.00/
hour(maximum of$100.00/ day) and $55.00/use for the stadium barbecue area. The City will
not honor fee waiver requests for this use. By May 16, 2008, all use fees in conjunction with
permit# 6575 are due and payable to the City. Any additional charges incurred during the
season shall be due immediately upon presentation of a revised permit.
3.2 Business Tax License: Permittee shall have a current City business tax license to conduct
activities at the Facility. A copy of the business license must be presented to the Parks and
Recreation Department by May 19, 2008. Should the business tax license expire during the
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tenn of the permit, Pennittee shall present proof of license renewal on or before the due date of
the license in order to continue use of the Facility for the remainder of the season.
3.3 Liability Insurance: Pennittee shall carry liability insurance, including legal liquor liability
coverage, if applicable and required by the City, in the amount of$1,000,000, endorsing the
City as additional insured on the policy and complying with the City's insurance requirements
set forth in attachment "A," incorporated herein by reference. A copy of the certificate of
insurance must be presented to the City five (5) days before the first scheduled game.
Permittee is required to have insurance claim forms on site in the event of injury to spectators,
players or other parties.
3.4 Indemnification: The Permittee shall defend, indemnify, save and hold harmless the City
and its officers and employees from any and all claims, costs and liability for any damages;
sickness, death, or injury to person(s) or property, including without limitation all
consequential damages, from any cause whatsoever arising directly or indirectly from or
connected with the use of the Facility, operations or services of the Permittee or its agents,
servants, employees or subcontractors hereunder, save and except claims or litigation arising
through the sole active negligence or sole willful misconduct of the City or its officers or
employees, and will make good to and reimburse City for any expenditures, including
reasonable attorneys' fees, the City may make by reason of such matters and, if requested by
the City will defend any such suits at the sole cost and expense of the Permittee.
4. Operation and Management Plan:
4.1 Field Preparation Needs: By May 12, 2008, Permittee shall submit in writing to the Parks
Maintenance Supervisor in the Public Works Department its field preparation needs; additional
costs may be incurred by Permittee if the Parks Maintenance Supervisor determines that the
City will need to perform additional field preparations for the Permittee beyond those
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completed during normal work hours. Permittee will be billed on a monthly basis for additional
preparations completed. Permittee may opt to complete its own field preparation. Access to the
playing field will be allowed three hours before scheduled game time. Permittee will be
required to have a point of contact for all field maintenance issues and will be required to
attend a field preparation training offered by Parks Maintenance.
4.2 Security Guards: Permittee shall provide two security officers, who are employed by a
bonded private security service, for the purpose of monitoring the stadium area, alcohol sales
and consumption, and outside parking lot area. Should circumstances dictate the need for
additional security, the Permittee shall provide such upon written request by the City. Security
officers shall be on duty 30 minutes before game time and stay until 30 minutes after the
completion of the game. Special events scheduled at the facility may require additional
security officers.
4.3 Special Events: All special event activities at the facility shall comply with the current City
special event application process. Special event information must be submitted at least 60 days
before the planned date of the event.
4.4 Parking Monitor: Permittee shall provide at least one parking monitor in addition to the
security officers, before, during and after all scheduled games. The Parking Monitor's
responsibility is to see that vehicles are legally parked in designated spaces and keep all fire
lanes open in accordance with Fire Codes and Regulations.
4.5 Vehicles Beyond Gates: Vehicles are permitted beyond the park gates for deliveries only
for a maximum of 15 minutes. Vehicles parked behind the park gates are subject to citation.
4.6 Spectator Restrictions in Landscaped Areas: Permittee shall supervise the-actions of
spectators within the Facility. Spectators are restricted from entering the landscaped banks.
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4.7 Use of Banners: Pennittee has permission to place advertising banners in the Facility for
the term of the pennitted use. Installation of banner anchors shall be coordinated with the Parks
Maintenance Supervisor in the Public Works Department.
4.7.1 Definition of Banner: Advertising banners are defined as cloth or vinyl material
attached to fence (or other designated areas) with elastic bungee cords secured to anchor
points provided by Parks Maintenance Staff. Banners are not to exceed 6 feet in height by
16 feet in length.
4.7.2 Permission from Other Users to Post Banners: Banners may be posted in the
Facility from the date of the first scheduled game through the final scheduled game date
with prior written permission from all other permitted users of the facility. Permittee
must receive written permission from other affected users and forward proof of
permission to the Parks and Recreation Department designee before banners can be
installed in the Facility.
4.7.3 Banner Fees: Permittee is required to pay an estimated banner fee deposit of
$1.000.00 by May 23, 2008 to coverall banners to be installed. City staff will determine
the number of banners and the associated cost based upon size of the banners (banner fees
are $25.00 for normal banners up to 4'X8'; and $50.00 for normal banners over 4'X8'),
deduct the costs from the deposit, and will bill or refund any difference to Permittee
within 10 days upon completion of the season. Any additional payments billed to
Permittee are due within 30 days upon receipt of final invoice.
4.7.4 Installation and Damage: Banner installation must be made in a manner acceptable
to the Parks Maintenance Supervisor. Permittee is responsible for any damage caused as a
result of banner installation. The City reserves the right to have any banners removed if
deemed inappropriate. If City finds banners present after the conclusion of the season,
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those items will be removed without notice to Permittee and Permittee shall bear all
associated costs with removal.
4.7,5 Special Signage: Signs are defined as any material other than cloth or vinyl. if
Permittee desires advertising signs other than banners, a formal request must be
forwarded the Parks and Recreation designee two weeks prior to the desired date of
installation. Permission to install signage is at the discretion of the Parks Maintenance
Supervisor upon review of the request and shall follow installation guidelines set forth by
Public Works Engineering.
4.8 Storage: Permittee may store concession items, except alcohol, in concession/press box
building, subject to availability of storage and County Health Regulations. Items are stored at
the Permittee's own risk. If Permittee wishes to store additional items on site, written
permission from City must be obtained in advance. Permittee will remove all equipment from
the facility by August 29, 2008.
4.9 Alcohol Concessions: Permittee shall not keep alcoholic beverages on the Facility
premises overnight. Permittee also agrees to contact the Parks Maintenance Supervisor for
written authorization to locate any portable structures used to sell alcohol inside the Facility.
Vehicles and/or trailers used for concessions must be parked on the concrete pad near the third
base stairway. Permittee shall comply with all rules and regulations of the California
Department of Alcohol Beverage Control and obtain any required permits prior to engaging in
the sale of alcoholic beverages. At least 10 working days prior to the first scheduled game,
Permittee shall obtain permission to sell alcoholic beverage from the Parks & Recreation
Department; such permission may be denied if proof of adherence to applicable California
Department of Alcohol Beverage Control rules and regulations is not demonstrated .
Permission to sell alcohol can be revoked for violations of the terms of the agreement, or as a
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result of any inappropriate actions by Permittee's representatives in conjunction with the
distribution of alcohol. Revocation of the right to sell alcohol can be made by either the City or
the California Department of Alcohol Beverage Control.
4.10 Cleaning of Facility: Permittee shall ensure that the Facility is neat, clean and in sanitary
condition at the conclusion of each event.
4.11 Handling of Trash: Permittee shall comply with all current San Luis Obispo County
Public Health Department requirements. Permittee shall clean up all trash and spills as a result
of use upon the conclusion of each day's events. Trash shall be placed inside an appropriate
receptacle; if trash receptacle is full, trash shall be placed next to the container in sealed trash
bags.
4.12 Portable Restrooms: The City shall provide portable restrooms from a licensed vendor in
the right and left field foul areas for players to use. The increased cost to the City shall be
covered by users and will be billed based upon percentage of scheduled stadium usage.
4.13 Curfew: Curfew is 11:OOpm. No new inning may start after that time. Field lights are to
be turned off by 11:30pm. No games may begin before 9:00am.
4.14 Damage to Facility: Permittee accepts the condition of the Facility as is. Permittee shall
be responsible for any damage to the Facility beyond normal wear and tear.
4.15 Alterations to Facility: Permittee shall not make any alterations to the Facility, either
temporary or permanent, without the prior written approval of the City's designee. City shall
maintain the structural integrity of the Facility; including roofing, electrical and plumbing
systems.
4.16 Cancellation of Games: The Parks Maintenance Supervisor shall be responsible for
canceling games when inclement weather conditions exist.
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AT-;CHMENT�_
5. Communications:
5.1 City Point of Contact: Recreation Supervisor James Bremer is the City representative that
Permittee shall contact for all issues related to the use of the Facility and the operation of this
agreement. All contacts must be in writing.
5.2 San Luis Obispo Blues Point of Contact: Mike Lara is the Blues representative that the City
shall contact for all issues related to the Facility and operation of this agreement.
5.3 Written 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: Parks & Recreation Department
Attn: Mr. James Bremer, Facilities Supervisor
1341 Nipomo Street
San Luis Obispo, CA 93401
Permittee: San Luis Obispo Blues Baseball Inc.
Atm: Mr. Mike Lara
3563 Sueldo Street
Suite # S
San Luis Obispo, CA 93401
5.4 Notification of Changes to Use: Permittee shall notify the City's designee of any changes
to their use within ten days of the date(s) to be changed. City reserves the right to modify
Permittee's use schedule of the Facility within ten days of the date(s) to be changed with
written notice and as it applies to the Priorities for Use of San Luis Obispo Baseball Stadium.
Each use request shall specify the exact time that the facility is to be opened; a City facility
staff member shall be present onsite during the use time.
5.5 Sum Total of Use: This agreement represents the sum total of the use of the San Luis
Obispo Stadium, and any other City facilities for the term of this agreement.
5.6 Terms of Agreement: This Agreement shall be in effect for a period from the-date entered
until August 29, 2008 with the option of the City to extend the Agreement for an additional two
ATTFCHi!i�NT
years. Either party may cancel this agreement provided ten (10) days written notice is given,
unless specified otherwise in this agreement.
5.7 Termination of Agreement for Failure to Abide by Terms: Failure to abide by the terms of
this agreement may result in the termination of the agreement.
5.8 Authorization to Execute Agreement: Both City and Permittee 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.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and
year first above written.
ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation
By:
Audrey Hooper,City Clerk David F. Romero, Mayor
APPROVED AS TO FORM: PERMITTEE—San Luis Obispo Blues Baseball, Inc.
Jonat P. Lowell, ity Attorney
�rANNIETur a
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
SLO RATTLERS BASEBALL FOR USE OF SAN LUIS OBISPO
BASEBALL STADIUM FOR 2008 SEASON
This Agreement, made and entered into this 10th day of April, 2008, by and between the CITY OF SAN
LUIS OBISPO, hereinafter"CITY" and SLO RATTLERS BASEBALL, hereinafter"PERMITTEE."
WHEREAS, City is the owner and operator of San Luis Obispo Baseball Stadium, located in
Sinsheimer Park, hereinafter"FACILITY;"and
WHEREAS, in accordance with the provisions of the San Luis Obispo Municipal Code, the
City, within its discretion, allows for the use of the Facility by interested persons and groups, both public
and private; and
WHEREAS, Permittee seeks to schedule baseball games and/or tournaments at the Facility.
NOW, THEREFORE, in consideration of the mutual promises, agreements, covenants and
conditions herein set forth, City and Permittee mutually agree and covenant as follows:
1. Management and Communication Ethic:
The parties hereby agree they shall carry out this agreement in good faith, and in a manner that
demonstrates professionalism, respect and accountability, as evidenced by:
1.1 A norm of respectful communication and problem solving in the day-to-day
implementation of the agreement.
1.2 Standard methods of communication that assure reliable and timely responses that
minimize the need for redundant follow-up or urgent "last minute" action.
1.3 That proposals for new events or considerations not covered in this agreement are made
with appropriate lead-time so that parties may thoroughly understand such requests and
respond consistent with their respective procedural requirements.
tiraCHMENT---
1.4 That problems, when they occur, are addressed between the parties directly involved, at the
lowest possible level according to defined Permittee and City contacts, in a manner that
respects the individuals and their responsibilities.
1.5 That notification of failures to abide by the terms of the agreement are clearly and.
respectfully expressed, with follow-up sanctions that are proportionate to the failure, as
expressed in this agreement.
1.6 That problems and failures in the implementation of the agreement are rare and
unintentional, with an overall experience that is characterized as smooth, cooperative, and
highly respectful of the mutual understandings herein agreed to between the parties.
2. Application:
2.1 Application and Use: This agreement applies to the use of Facility and the adjacent
barbecue area only. The use of the Facility is for regulation baseball games only.
2.2 Non-exclusivity: Use of Facility and adjacent parking lot by Permittee is not exclusive.
3. Fees, Licenses and Insurance:.
3.1 Facility Use Fees: Fees for use of the Facility shall be charged on an hourly rate of$21.00/
hour, $19.00/hour for lights, $14.25/hour for on site staff, Concession stand rental of$20.00/
hour(maximum of$100.00/day) and $55.00/use for the stadium barbecue area. The Citywill
not honor fee waiver requests for this use. By May 23, 2008, all use fees in conjunction with
permit# 6606 are due and payable to the City. Any additional charges incurred during the
season shall be due immediately upon presentation of a revised permit.
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3.2 Business Tax License: Permittee shall have a current City business tax license to conduct
activities at the Facility. A copy of the business license must be presented to the Parks and
Recreation Department by May 27, 2008, one (1) week prior to the start of the season. Should
the business tax license expire during the tern of the permit, Permittee shall present proof of
license renewal on or before the due date of the license in order to continue use of the Facility
for the remainder of the season.
3.3 Liability Insurance: Permittee shall carry liability insurance, including legal liquor liability
coverage, if applicable and required by the City, in the amount of$1,000,000, endorsing the
City as additional insured on the policy and complying with the City's insurance requirements
set forth in attachment "A," incorporated herein by reference. A copy of the certificate of
insurance must be presented to the City five (5) days before the first scheduled game.
Permittee is required to have insurance claim forms on site in the event of injury to spectators,
players or other parties.
3.4 Indemnification: The Permittee shall defend, indemnify, save and hold harmless the City
and its officers and employees from any and all claims, costs and liability for any damages,
sickness, death, or injury to person(s) or property, including without limitation all
consequential damages, from any cause whatsoever arising directly or indirectly from or
connected with the use of the Facility, operations or services of the Permittee or its agents,
servants, employees or subcontractors hereunder, save and except claims or litigation arising
through the sole active negligence or sole willful misconduct of the City or its officers or
employees, and will make good to and reimburse City for any expenditures, including
�,T-hc INTENT
reasonable attorneys' fees,the City may make by reason of such matters and, if requested by
the City will defend any such suits at the sole cost and expense of the Permittee.
4. Operation and Management Plan:
4.1 Field Preparation Needs: By May 12, 2008, Permittee shall submit in writing to the Parks
Maintenance Supervisor in the Public Works Department its field preparation needs; additional
costs may be incurred by Permittee if the Parks Maintenance Supervisor determines that the
City will need to perform additional field preparations for the Permittee beyond those
completed during normal work hours. Permittee will be billed on a monthly basis for additional
preparations completed. Permittee may opt to complete its own field preparation. Access to the
playing field will be allowed two hours before scheduled game time. Permittee will be
required to have a point of contact for all field maintenance issues and will be required to
attend a field preparation training offered by Parks Maintenance.
4.2 Security Guards: Permittee shall provide a security officer, who is employed by a bonded
private security service, for the purpose of monitoring the stadium area, alcohol sales and
consumption, and outside parking lot area. Should circumstances dictate the need for
additional security, the Permittee shall provide such upon written request by the City. Security
officers shall be on duty 30 minutes before game time until 30 minutes after the completion of
the game. Special events scheduled at the facility may require additional security officers.
4.3 Special Events: All special event activities at the facility shall comply with the current City
special event application process.
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4.4 Parking Monitor: Permittee shall provide at least one parking monitor in addition to the
security officer, before, during and after all scheduled games. The Parking Monitor's.
responsibility is to see that vehicles are legally parked in designated spaces and keep all fire
lanes open in accordance with Fire Codes and Regulations.
4.-5 Vehicles Beyond Gates: Vehicles are permitted beyond the park gates for deliveries only
for a maximum of 30 minutes. Vehicles parked behind the park gates are subject to citation.
The Rattlers are permitted to park a concession support trailer on the west entry area pavers,
next to the men's restrooms, during their permitted game times.
4.6 Spectator Restrictions in Landscaped Areas: Permittee shall supervise the actions of
spectators within the Facility. Spectators are restricted from entering the landscaped banks.
4.7 Use of Banners: Permittee has permission to place advertising banners in the Facility for
the term of the permitted use. Installation of banner anchors shall be coordinated with the Parks
Maintenance Supervisor in the Public Works Department.
4.7.1 Definition of Banner: Advertising banners are defined as cloth or vinyl material
attached to fence (or other designated areas) with elastic bungee cords secured to anchor
points provided by Parks Maintenance Staff. Banners are not to exceed 6 feet in height by
16 feet in length.
4.7.2 Permission from Other Users to Post Banners: Banners may be posted in the
Facility from the date of the first scheduled game through the final scheduled game date
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with prior written permission from all other permitted users of the facility. Permittee
must receive written permission from other affected users and forward proof of
permission to the Parks and Recreation Department designee before banners can be
installed in the Facility.
4.7.3 Banner Fees: Permittee is required to pay an estimated video banner fee deposit of
$1000.00 by May 23, 2008 to cover all banners to be installed. City staff will determine
the number of regular and video banners and the associated cost based upon size of the
banners (banner fees are $12.50 for video banner, $25.00 for normal banners 4'X8' and
$50.00 for normal banners over 4'X8'), deduct the costs from the deposit, and will bill or
refund any difference to Permittee within 10 days upon completion of the season. Any
additional payments billed to Permittee are due within 30 days upon receipt of final
invoice.
4.7.4 Installation and Damage: Banner installation must be made in a manner acceptable
to the Parks Maintenance Supervisor. Permittee is responsible for any damage caused as a
result of banner installation. The City reserves the right to have any banners removed if
deemed inappropriate. If City finds banners present after the conclusion of the season,
those items will be removed without notice to Permittee and Permittee shall bear all
associated costs with removal.
4.7.5 Special Signage: Signs are defined as any material other than cloth or vinyl. If
Permittee desires advertising signs other than banners, a formal request must be
forwarded the Parks and Recreation designee. Permission to install signage is at the
_j ATTACKMENT—Q _
discretion of the Parks Maintenance Supervisor upon review of the request and shall
follow installation guidelines set forth by Public Works Engineering.
4.8 Storage: Permittee may store concession items, except alcohol, in concession/press box
building, subject to availability of storage and County Health Regulations. Items are stored at
the Permittee's own risk. If Permittee wishes to storeadditional items on site, written
permission from City must be obtained in advance.
4.9 Alcohol Concessions: Permittee shall not keep alcoholic beverages on the Facility
premises overnight. Permittee also agrees to contact the Parks Maintenance Supervisor for
written authorization to locate any portable structures used to sell alcohol inside the Facility.
Vehicles and/or trailers used for concessions must be parked on the concrete pad near the 3`d
base stairway. Permittee shall comply with all rules and regulations of the California
Department of Alcohol Beverage Control and obtain any requisite permits prior to engaging in
the sale of alcoholic beverages. At least 10 working days prior to the first scheduled game,
Permittee shall obtain permission to sell alcoholic beverage from the Parks & Recreation
Department; such permission may be denied if proof of adherence to applicable Califomia
Department of Alcohol Beverage Control rules and regulations is not demonstrated .
Permission to sell alcohol can be revoked for violations of the terms of the agreement, or as a
result of any inappropriate actions by Permittee's representatives in conjunction with the
distribution of alcohol. Revocation of the right to sell alcohol can be made by either the City or
the California Department of Alcohol Beverage Control.
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4.10 Cleaning of Facility: Permittee shall ensure that the Facility is neat, clean and in sanitary
condition at the conclusion of each event.
4.11 Handling of Trash: Permittee shall comply with all current San Luis Obispo County
Public Health Department requirements. Permittee shall clean up all trash and spills as a result
of use upon the conclusion of each day's events. Trash shall be placed inside an appropriate
receptacle; if trash receptacle is full, trash shall be placed next to the container in sealed trash
bags.
4.12 Portable Restrooms: The City shall provide portable restrooms from a licensed vendor in
the right and left field foul areas for players to use. The increased cost to the City shall be
covered by users and will be billed based upon percentage of scheduled stadium usage.
4.13 Curfew: Curfew is 11:OOpm. No new inning may start after that time. Field lights are to
be turned off by 11:30pm. No games may begin before 9:OOam.
4.14 Damage to Facility: Permittee accepts the condition of the Facility as is. Permittee shall
be responsible for any damage to the Facility beyond normal wear and tear.
4.15 Alterations to Facility: Permittee shall not make any alterations to the Facility, either
temporary or permanent,without the prior written approval of the City's designee. City shall
maintain the structural integrity.of the Facility; including roofing, electrical and plumbing
systems.
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4.16 Cancellation of Games: The Parks Maintenance Supervisor shall be responsible for
canceling games when inclement weather conditions exist.
5. Communications:
5.1 City Point of Contact: Recreation Supervisor James Bremer is the City representative that
Permittee shall contact for all issues related to the use of the Facility and the operation of this
agreement. All contacts must be in writing.
5.2 San Luis Obispo Rattlers Point of Contact: David Hite is the Rattlers representative that the
City shall contact for all issues related to the Facility and operation of this agreement.
5.3 Written 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: Parks & Recreation Department
Attn: Mr. James Bremer, Facilities Supervisor
1341 Nipomo Street
San Luis Obispo, CA 93401
Permittee: San Luis Obispo Rattlers Baseball
Attn: Mr. David Hite
855 1-A Capitolio Way
San Luis Obispo, CA 93401
5.4 Notification of Changes to Use: Permittee shall notify the City's designee of any changes
to their use within ten days of the date(s) to be changed. City reserves the right to modify
Pennittee's use schedule of the Facility within ten days of the date(s) to be changed with
written notice and as it applies to the Priorities for Use of San Luis Obispo Baseball Stadium.
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Each use request shall specify the exact time that the facility is to be opened; a City facility
staff member shall be present onsite during the use time.
5.5 Sum Total of Use: This agreement represents the sum total of the use of the San Luis
Obispo Stadium, and any other City facilities for the term of this agreement.
5.6 Terms of Agreement: This Agreement shall be in effect for a period from the date entered
until August 23, 2008 with the option of the City to extend the Agreement for an additional two
years. Either party may cancel this agreement provided ten (10) days written notice is given,
unless specified otherwise in this agreement.
5.7 Termination of Agreement for Failure to Abide by Terms: Failure to abide by the terms of
this agreement may result in the termination of the agreement.
5.8 Authorization to Execute Agreement: Both City and Permittee 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.
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ATTACHMENT a
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and
year first above written.
ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation
By:
Audrey Hooper,City Clerk David F. Romero,Mayor
APPROVED AS TO FORM: PERM T
By:
(::]Jo an P.Lowell,City Attorney
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