HomeMy WebLinkAbout12/02/2008, C3 - AMENDMENT TO AGREEMENT FOR SLO RATTLERS' USE OF SAN LUIS OBISPO BASEBALL STADIUM I
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CITY OF SAN LUIS OBISPO
FROM: Betsy Kiser, Parks & Recreation Director
Prepared By: Linda Fitzgerald, Recreation Manager
SUBJECT: AMENDMENT TO AGREEMENT FOR SLO RATTLERS' USE OF SAN
LUIS OBISPO BASEBALL STADIUM
RECOMMENDATION
Authorize the Mayor to execute an amendment to the original Baseball Stadium Use agreement
for the SLO Rattlers to continue their use of San Luis Obispo Baseball Stadium for the 2009
season.
DISCUSSION
The San Luis Obispo Baseball Stadium has been the home field for several baseball
organizations, including two semi-professional baseball teams. The SLO Rattlers, a semi-pro
team, began its use of the facility in 2007, and in 2008 signed an agreement with the City to use
the Stadium. The agreement has an option to extend the agreement if terms were satisfactorily
met. The Rattlers have been an excellent tenant by complying with the terms of the agreement
and making timely payments.
On October 2, 2008, a letter of intent was sent to the Rattlers' organization indicating that the
City was willing to extend the agreement for another year. The proposed amendment to the
agreement continues the term of the agreement through August 29, 2009 and describes the fees to
be charged for stadium use. The SLO Rattlers are in agreement with the terms of the proposed
amendment.
FISCAL IMPACT
The fiscal impact is the same as 2008. The City will recover revenue from the Rattlers for the
use of the Stadium under the current fee schedule; the exact amount is unknown at this time as
the Rattlers are working with staff to set their schedule for next season. Parks& Recreation and
Public Works staff will continue to supervise and maintain the Stadium activities.
ATTACHMENT
Amendment to Agreement
Original Agreement is in the Council Reading File
L° 3- 1
- Attachment 1
AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND
SLO RATTLERS BASEBALL FOR USE OF SAN LUIS OBISPO
BASEBALL STADIUM
THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis
Obispo on this of . 2008 by and between the City of San Luis
Obispo, a municipal corporation, herein after referred to as CITY, and the San Luis Obispo
Rattlers Baseball organization,hereinafter referred to as RATTLERS.
WHEREAS, on April 10''', 2008 the City entered into an Agreement with the Rattlers to
rent the San Luis Obispo Baseball Stadium at 900 Southwood Drive in Sinsheimer Park for
approved uses through August 23, 2008;and
WHEREAS,pursuant to Section 5.6 of the Agreement, the City Council, on October 2,
2008, authorized the extension of the Agreement to continue the Agreement through
August 28, 2009;
NOW THEREFORE,in consideration for their mutual promises, obligations and
covenants hereinafter contained, the parties hereto agree as follows:
1. Section 3 -Fees,Licenses and Insurance
3.1 Facility Use Fees
Rental fees will reflect the current approved rates at the time the agreement,
or any subsequent amendment thereto,is executed.The City will not honor
fee waiver requests for this use. No later than five (5) working days prior to
the first scheduled game of each season of use pursuant to the Agreement or
any subsequent extension thereof, all use fees in conjunction with the use
permit are due and payable to the City. Any additional charges incurred
during the season shall be due immediately upon presentation of a revised
permit.
2. All specific dates prescribed in the original Agreement for payment of fees or
compliance with any other term or condition of the Agreement shall be amended to
to require payment or proof of compliance to the City as set forth in written notice
to be provided by City to Permitttee at least 30 days in advance of the first scheduled
game of each year of Permittee's use of the Facility pursuant to this Agreement. In
the absence of such written notice specifying alternate dates for payment of fees or
presentation of proof of compliance,Permittee shall make all payments and provide
all proofs of compliance to the City no later than five (5) working days prior to the
first scheduled game of each year in which use of the Facility is permitted under this
Agreement.
3. All other terms and conditions of the Agreement remain in full force and effect.
(° 3 'a-
Attachment 1
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
the day and year first written above.
ATTEST: CITY OF SAN LUIS OBISPO
By:
Audrey Hooper, City Clerk Mayor David F. Romero
APPROVED AS TO FORM: SAN LUIS OBISPO RATTLERS
By:
o n P. Lowell,City Attorney David Hite, General Manager
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