HomeMy WebLinkAbout09/21/2010, C3 - SAN LUIS BASEBALL STADIUM USE AGREEMENTS r.
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C I TY OF SAN LU IS O B I S P O
FROM: Shelly Stanwyck, Acting Parks and Recreation Director
Prepared By: James P. Bremer, Recreation Supervisor
SUBJECT: SAN LUIS BASEBALL STADIUM USE AGREEMENTS
RECOMMENDATION
L As recommended by the Parks and Recreation Commission and Joint Use Commission
approve a use agreement with the San Luis Obispo Baseball Alliance, LLC for the use of
San Luis Obispo Baseball Stadium for 2011 to 2015 and authorize the Mayor to execute the
agreement.
2. As recommended by the Parks and Recreation Commission and Joint Use Commission
approve a use agreement with the San Luis Obispo Rattlers Baseball Development Group for
the use of San Luis Obispo Baseball Stadium for 2011 to 2015 and authorize the Mayor to
execute the agreement.
DISCUSSION
Background
Since its creation in the mid-1960's, the San Luis Obispo Baseball Stadium has been the home to
many baseball organizations including a collegiate team (the SLO Blues). In 2007, a second
collegiate team (the SLO Rattlers) also began using the facility. Unfortunately, during the 2007
season, tension between the two collegiate teams became so adversarial that outside mediation
was required.
In 2008, SLO Blues was sold and a new management team took over its daily operations. Under
new management, the 2008 season went much better. The relationship between the SLO Blues,
SLO Rattlers, and the City also improved. Regrettably, in August 2008, the SLO Blues defaulted
on its stadium use agreement by failing to pay its permit fees. The outstanding balance
($11,612.07) was forwarded to the District Attorney's office, and the City exercised its
cancellation clause in the agreement. The outstanding balance was never recovered but the
matter was resolved criminally by the District Attorney's office.
In February 2009, a new organization, the San Luis Obispo Baseball Alliance, LLC
(SLOBALL), requested use of the stadium for a collegiate team. SLOBALL obtained the legal
right to the "SLO Blues" baseball name and logo; however, legally it is not the same business.
On December 15, 2009, Council agreed to a new one-year agreement with SLOBALL.
SLOBALL fulfilled it required agreements and the City exercised its right to the additional one /
year of use, thereby allowing their use of the stadium use for this past 2010 season.
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San Luis Baseball Stadium Use Agreements Page 2
The SLO Blues have undergone many changes since the start of the 2007 season. Today
SLOBALL playing under the name SLO Blues is served by highly competent and involved
management staff, in particular Mike Lara, has worked to improve relations and communication
with the City and other stadium users each year. SLOBALL has complied with its stadium use
agreement and rental payment plans. Concurrently the SLO Rattlers have done the same. Since
2007, the Rattlers have consistently complied with its use agreements and rental payments. The
Rattlers have also made donations of time and materials to improve the facility. The Rattlers'
management staff, specifically Dave Hite, has worked closely with City staff to maintain open
and clear communication. Mutually, the teams get along well and there have been no problems
with their "concurrent" uses of the stadium. Both collegiate teams are now requesting long-term
use agreements for the stadium.
Request for Long-Term Use of the Stadium
The stadium use agreements with the Blues and Rattlers expired with the conclusion of the 2010
season. The teams are now requesting long term agreements so that they can each prepare long
range strategic business and marketing plans. The past agreements have been year-to-year with
no assurance of use in the coming year. In order for the teams to market, promote, and schedule
games, long term use agreements are needed.
Previously and during the more tension filled seasons of the past, the Council suggested that a
Request for Proposal (RFP) be issued for collegiate level baseball teams with a formal plan to
use San Luis Obispo Baseball Stadium. At this time, in light of the positive relations between
two existing collegiate teams, staff is not recommending that an RFP issue. The relationship
with the teams has improved greatly since the 2007 season and staff supports the concept of a I
long-term agreement with each. Both collegiate baseball teams have created a positive working
relationship, scheduling issues have been successfully addressed for the past three years, and
management of both teams is cooperative.
Support by Advisory Bodies
The Joint Use Committee at its August 24, 2010, meeting supported entering into five-year use
agreements with each organization for the use of San Luis Obispo Stadium. The Parks and
Recreation Commission at its September 1, 2010, meeting also supported such agreements. Both
Advisory Bodies understood and supported the teams' desire to develop long-term business and
marketing plans in order for the Blues and Rattlers to remain viable in the future.
FISCAL IMPACT
Under each use agreement the Rattlers and the SLOBALL will each be charged at the current
City facility rental fees and all fees are adjusted annually. Revenues are anticipated to be around
$20,000.00 for the combined agreements each year. Parks and Recreation and Public Works staff
will continue to supervise and maintain the Stadium activities.
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San Luis Baseball Stadium Use Agreements Page 3
Alternatives
1. One Year Agreements. Issue a year to year use agreement to both collegiate teams.
This would allow for both teams to continue operations and run their programs. Such
short term agreements would however limit the teams' ability to coordinate and promote
their programs due to uncertainty of use for the follow seasons.
2. Only One Agreement. Only issue one use agreement. Both teams would have to bid on
the stadium for their ability to use the facility. This would reduce impact to the facility
and possibly reduce costs to maintain the site. It would cause the cancellation of one of
two successful baseball teams using the stadium. Staff does not recommend this
alternative.
3. No Agreements. Do not recommend the Use Agreement of the SLO Stadium to
SLOBALL or the SLO Rattlers. This alternative reduces the impact to the facility,
maintenance and staffing. It is felt that having both teams utilize the stadium will benefit
the community with continued expanded baseball play.
ATTACHMENTS
1. Minutes of the August 24, 2010 Joint Use Committee Meeting
2. Minutes of the September 1, 2010 Parks and Recreation Commission Meeting
3. Stadium Use Agreement between the City of San Luis Obispo and the San Luis Obispo Baseball
Alliance, LCC.
4. Stadium Use Agreement between the City of San Luis Obispo and the San Luis Obispo Rattlers
Baseball Development Group, Inc.
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ATTnCNi�4Eti1i T�" _ �
JUC Minutes—August 24,-XO 10 - DRAFT page 2
o lb. in Stockton Field Section: remove from parentheses the words "except"
and "schedule which" therefore to read "b. Practice (revenue generating
special event shall take priority)"
Supervisor Bremer will make the agreed upon changes to the Priorities for Use
Agreement and bring back in September for approval.
4. San Luis Obispo Rattlers Baseball Development Group, INC. (SLO Rattlers)
and San Luis Obispo Baseball Alliance, LLC (SLOBALL) Use Agreement
Supervisor Bremer explained the history behind the Use Agreements that resulted from
2008 discussions intended to improve relationships between the SLO Rattlers and
SLOBALL. Answered general questions on staffing, scheduling, maintenance and
improvements. Commissioners discussed advantages of 5-year versus year-to-year
agreement.
Public Comment
Dan Hite, SLO Rattlers; Explained the scheduling strategy between the two clubs. He
also explained the need for long-term use agreements for team to develop business plans
and marketing strategies. He noted advantages of long-term contract in finding sponsors
for improvements. He would like to work with City on lighting and sign upgrades. In
favor of 5-year agreement and noted that both teams are in agreement.
Committee Member Parolini explained to new Committee members the steps leading up
to the long-term agreement.
Supervisor Bremer explained his reasoning behind a 5-year as opposed to 3-year or year-
to-year agreement and clause for opting-out.
Mike Lara, SLOBALL; commented on the great strides the league has made and
support from major league baseball, national television, and major broadcasting. In favor
of 5-year agreement and noted other teams that have the same term.
MOTION: (Jones/Parolini); Approve Use Agreements Between The City of San Luis
Obispo and the San Luis Obispo Baseball Alliance, LLC and the San Luis Obispo
Rattlers Baseball Development Group, INC. for the use of the San Luis Obispo Baseball
Stadium from 2011 to 2015
Approved—5 Yes: 2 No: 2 Absent (Jenkins/Cairns)
Committee members noted they would like to readdress the agreement if issues come up
in the meantime.
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ATTACth' ENT
Parks and Recreation Commission Minutes - DRAFT
September 1, 2010
Page 3 of 7
4. Sinsheimer Stadium Use Agreements—James Bremer, Facilities Supervisor
Facilities Supervisor James Bremer provided information to the Commissioners on changes made to
the Sinsheimer Stadium Use Agreements after the last meeting of the Committee for Joint Use of
Recreation Facilities.
Commissioners discussed and inquired as to the relationship of the teams. Supervisor Bremer spoke
very favorably of both teams under the current management and explained the advantage to both
teams of having the more common five-year contract (rather than a one or two year) in order to
attract sponsors that may assist in renovations to the stadium.
MOTION. (Davis/Havas)
1. Approve the recommendation of a five-year use agreement between the City of San Luis Obispo and
the San Luis Obispo Baseball Alliance, LCC for the rental for the San Luis Obispo Baseball Stadium
starting with the 2011 season, and direct staff to forward the committee's recommendation to the City
Council.
2. As recommended by the Joint Use Committee, approve the recommendation of a five year use
agreement between the City of San Luis Obispo and San Luis Obispo Rattlers Baseball Development
Group, Inc. for the rental of the San Luis Obispo Baseball Stadium starting with the 201 I'season, and
direct staff to forward the committee's recommendation to the City Council.
Approved: 5 yes: 0 no: 2 absent (Hensinger, Hatch)
5. 2010 Wes Conner Award & Volunteer Recognition Event—Shelly Stanwyck
Acting Director Shelly Stanwyck provided information to the Commission on nominees for this
year's Wes Conner Award. Biographies were handed out. Commissioners discussed.
MOTION: ( )
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'�'CNMENT
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USE AGREEMENT FOR SAN LUIS OBISPO BASEBALL STADIUM WITH SAN LUIS
OBISPO BASEBALL ALLIANCE, LLC
This Agreement, made and entered into this —day of, 2010 by and between the CITY OF
SAN LUIS OBISPO, hereinafter referred to as "CITY" and THE SAN LUIS OBISPO BASEBALL
ALLIANCE, LCC, hereinafter referred to as "PERMITTEE."
RECITALS
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, the parties hereby agree they shall carry out this agreement in good faith, and in a
manner that demonstrates professionalism, respect and accountability.
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.
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 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.
1.4 That problems, when they occur, are addressed between the parties directly involved 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. USE 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. TERM.
This Agreement shall be in effect for a period from the date entered until August 31, 2015. Either party
may cancel this agreement provided ten (10) days written notice is given, unless specified otherwise in
this agreement.
4. FEES, LICENSES AND INSURANCE.
4.1 Rental fees will reflect the current approved rates at the time the agreement. The City will not honor
fee waiver requests for this use. No later than seven (7) 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.
4.2 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 no later than seven (7) working days prior to the first scheduled game. Should the business
tax license expire during the term 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.
4.3 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 no later than seven (7) working days prior to 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.
4.4 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.
5. OPERATION AND MANAGEMENT PLAN.
5.1 Field Preparation Needs. No later than five (s) working days prior to the first scheduled game,
Permittee shall submit in writing to the Parks Maintenance Supervisor in the Public.Works Department
its field preparation needs; Permittee may incur additional costs if the Parks Maintenance Supervisor
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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 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.
5.2 Security Guards. Permittee shall provide one 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 the parking lot area. Permittee may be required to supply additional bonded security officers at
the direction of the City. 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.
5.3 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.
5.4 Parking Monitor. Permittee shall provide at least one parking monitor in addition to the security
officer(s), 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.
5.5 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.
5.6 Spectator Restrictions in Landscaped Areas. Permittee shall supervise the actions of spectators
within the Facility. Spectators are restricted from entering the landscaped banks.
5.7 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.
5.7.1 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.
5.7.2 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.
5.7.3 Banner Fees. Permittee is required to pay an estimated banner fee deposit of$1000.00 no
later than seven (7) working days prior to the first scheduled game of each season to cover all
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 banners up to 4'X8'; and $50.00 for
banners over 4'X8'), deduct the costs from the deposit, and will bill or refund any difference to
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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.
5.7.4 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.
5.7.5 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.
5.8 Storage. Permittee has permission to bring in a single storage unit to be placed in an area of the field
to be determined by the Parks Supervisor. No alcohol is allowed to be stored in this unit. Permittee may
store concession items, except alcohol, in the concession/press box building and storage unit, 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 the third Thursday, of August each
year. If City finds items stored after third Thursday of August, those items will be removed and disposed
of without notice to Permittee and Permittee shall bear all associated costs with removal.
5.9 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 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.
5.10 Cleaning of Facility. Permittee shall ensure that the Facility is neat, clean, and insanitary condition
at the conclusion of each event.
5.11 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.
5.12 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.
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5.13 Electrical Hookup for Trailer. The City shall provide an electrical hookup at the bottom of the third
base stairway for the Permittee's beer and wine trailer. The increased cost to the City shall be covered
by the user and billed as part of the facility usage. The cost of the electrical hookup will be $4.00 for
each day of use.
5.14 Curfew. Curfew is 11:00 p.m. No new inning may start after that time. Field lights are to be
turned off by 11:30 p.m. No games may begin before 10:00 a.m.
5.15 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.
5.16 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.
5.17 Cancellation of Games. The Parks Maintenance Supervisor shall be responsible for canceling
games when inclement weather conditions exist.
5.18 Opening of the Facility. The Permittee will be granted a GK-2 key for access to the facility three
hours before the scheduled game time. Access is only granted to the field, BBQ and seating area. City
staff will arrive at a time designated by the Permittee to open the concession/press box building.
5.19 Bounce House. Permittee will be allowed to use the area outside the Stadium located near the first
base side gate access, for placement of a bounce house during their permitted use times. Final location
of the bounce house will be at the discretion of the Parks Supervisor.
6. COMMUNICATIONS.
6.1 City Point of Contact. The Facilities Recreation Supervisor 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 (which includes e-mail).
6.2 San Luis Obispo Baseball Alliance Point of Contact. Mike Lara is the San Luis Obispo Baseball
Alliance representative that the City shall contact for all issues related to the Facility and operation of
this agreement. All contacts must be in writing (which includes e-mail).
6.3 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: James Bremer, Recreation Supervisor
1341 Nipomo Street
San Luis Obispo, CA 93401
Permittee: San Luis Obispo Baseball Alliance, LLC
Attn: Mike Lara
241 B Prado Road
San Luis Obispo, CA 93401
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6.4 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.
6.5 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.
6.6 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.
6.8 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: By:
Elaina Cano,City Clerk David F.Romero, Mayor
APPROVED AS TO FO PERMITTEE—San Luis Obispo Baseball Alliance, LLC
By:
nstine Dietrick,City ttomey
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USE AGREEMENT FOR SAN LUIS OBISPO BASEBALL STADIUM WITH SAN LUIS
OBISPO RATTLERS BASEBALL DEVELOPMENT GROUP, INC.
This Agreement, made and entered into this day of, 2010 by and between the CITY
OF SAN LUIS OBISPO, hereinafter referred to as "CITY" and THE SAN LUIS OBISPO RATTLERS
BASEBALL DEVELOPMENT GROUP, INC., hereinafter referred to as "PERMITTEE."
RECITALS
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, the parties hereby agree they shall carry out this agreement in good faith, and in a
manner that demonstrates professionalism, respect and accountability.
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.
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.
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.
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2. USE 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. TERM.
This Agreement shall be in effect for a period from the date entered until August 31, 2015. Either party
may cancel this agreement provided ten (10) days written notice is given, unless specified otherwise in
this agreement.
4. FEES, LICENSES AND INSURANCE.
4.1 Rental fees will reflect the current approved rates at the time the agreement. The City will not honor
fee waiver requests for this use. No later than seven (7) 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.
4.2 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 no later than seven (7) working days prior to the first scheduled game. Should the business
tax license expire during the term 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.
4.3 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 no later than seven (7) working days prior to the first scheduled game. Permittee is
requited to have insurance claim forms on site in the event of injury to spectators, players or other
parties.
4.4 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.
5. OPERATION AND MANAGEMENT PLAN.
5.1 Field Preparation Needs. No later than five (s) working days prior to the first scheduled game,
Permittee shall submit in writing to the Parks Maintenance Supervisor in the Public Works Department
its field preparation needs; Permittee may incur additional costs if the Parks Maintenance.Supervisor
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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 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.
5.2 Security Guards. Permittee shall provide one 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 the parking lot area. Permittee may be required to supply additional bonded security officers at
the direction of the City. 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.
5.3 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.
5.4 Parking Monitor. Permittee shall provide at least one parking monitor in addition to the security
officer(s), 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.
5.5 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 Permittee is
permitted to park a concession support trailer on the west entry area pavers, next to the men's restroom,
during their permitted game times.
5.6 Spectator Restrictions in Landscaped Areas. Permittee shall supervise the actions of spectators
within the Facility. Spectators are restricted from entering the landscaped banks.
5.7 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.
5.7.1 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.
5.7.2 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.
5.7.3 Banner Fees. Permittee is required to pay a video banner and banner fee deposit of
$1000.00 no later than seven (7) working days prior to the first scheduled game of each season 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
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banner, $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.
5.7.4 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.
5.7.5 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.
5.8 Storage. Permittee has permission to bring in a single storage unit to be placed in an area of the field
to be determined by the Parks Supervisor. No alcohol is allowed to be stored in this unit. Permittee may
store concession items, except alcohol, in the concession/press box building and storage unit, 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 the third Thursday, of August each
year. If City finds items stored after third Thursday of August, those items will be removed and disposed
of without notice to Permittee and Permittee shall bear all associated costs with removal.
5.9 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 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.
5.10 Cleaning of Facility. Permittee shall ensure that the Facility is neat, clean and in sanitary condition
at the conclusion of each event.
5.11 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.
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5.12 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.
5.13 Curfew. Curfew is 11:00 p.m. No new inning may start after that time. Field lights are to be
turned off by 11:30 p.m. No games may begin before 10:00 a.m.
5.14 Damage to Facility. Permittee accepts the condition of the Facility as is. Permittee shall be
responsible for any damage to the Facility beyond non-nal wear and tear.
5.15 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.
5.16 Cancellation of Games. The Parks Maintenance Supervisor shall be responsible for canceling
games when inclement weather conditions exist.
5.17 Opening of the Facility. The Permittee will be granted a GK-2 key for access to the facility three
hours before the scheduled game time. Access is only granted to the field, BBQ and seating area. City
staff will arrive at a time designated by the Permittee to open the concession/press box building.
5.18 Bounce House. Permittee will be allowed to use the area outside the Stadium located near the first
base side gate access, for placement of a bounce house during their permitted use times. Final location
of the bounce house will be at the discretion of the Parks Supervisor.
6. COMMUNICATIONS.
6.1 City Point of Contact. The Facilities Recreation Supervisor 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 (which includes e-mail).
6.2 Point of Contact: Dave Hite is the San Luis Obispo Rattlers Baseball Development Group, INC.,
representative that the City shall contact for all issues related to the Facility and operation of this
agreement. All contacts must be in writing (which includes e-mail).
6.3 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: James Bremer, Recreation Supervisor
1341 Nipomo Street
San Luis Obispo, CA 93401
Permittee: San Luis Obispo Rattlers Baseball Development Group, INC
Attn: Dave Hite
1555 Laurel Lane
San Luis Obispo, CA 93401
6.4 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.
6.5 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.
6.6 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.
6.7 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: BY:
Elaina Cano,City Clerk David F. Romero,Mayor
APPROVED AS TO FORM: PERMITTEE—San Luis Obispo Rattlers Baseball
Development Group,INC.
By: By:
C istme Dietrick,City Attorney
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