HomeMy WebLinkAbout08/15/1995, C-6 - ESCORP ATHLETIC FIELD �II��IIIII�VI�llulll MEETING DATE:
�IIIMII II �p�ul� c� o August 15 1995
san lugs os�spo
COUNCIL AGENDA REPORT ITEM NUMBER
FROM: // Paul LeSage, Parks and Recreation Director
SUBJECT: ESCORP ATHLETIC FIELD
CAO RECOMMENDATIONS:
By resolution, approve the lease of the Escorp Athletic Field by the City of San Luis Obispo,
and authorize the Mayor to sign the agreement.
DISCUSSION:
The Parks and Recreation Element/Master Plan identifies the lack of youth athletic fields as the
number one un-met need in the City. The element proposes solutions to meet the need, such as
rehabilitation of all existing fields in the community. It also notes that even with all existing
fields in good condition, five more fields are needed to meet the current demand. We must take
advantage of every existing opportunity to provide additional fields.
Escorp (a.k.a., Atoll Holding, Inc.), located at 1150 Laurel Lane, has an athletic field on its
property. The owner of Escorp, Hank Harbors, has offered to lease the field to the City for $1
a year, and will continue to provide maintenance, on the condition that the City would provide
the water. As part of the 1995-97 Financial Plan, Council approved an allocation of$6,000 for
the cost of the water.
A lease agreement between Escorp and the City (Attachment B) will set forth the terms of the
use of the athletic field. Approval of the lease is required before use can begin. The primary
use will be for athletic team practices. Times will be after school to early evening on week
nights and all day on weekends. All activities on the field will be closely supervised.
The current City financial situation requires creative solutions to problems. Using the Escorp
athletic fields, in lieu of developing one, saves approximately $200,000, based on a $100,000
per acre development cost. This estimate does not include the cost of land. Current City
maintenance costs are about $8,000 per acre or $16,000 for a 2-acre athletic field. With an
estimated water cost of$6,000 being the only operating cost involved using the Escorp field, this
is a very cost-effective approach.
FISCAL IMPACT:
Funds for this project were pre-approved in the 1995-97 Financial Plan.
ATTACHMENTS:
A. Resolution
B. Lease Agreement (as prepared by Michael Harbors, Attorney for Escorp)
RESOLUTION NO. (1995 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE LEASE OF ESCORP ATHLETIC FIELD
WHEREAS, finding additional youth athletic fields is a priority in the Parks&Recreation
Element/Master Plan; and
WHEREAS, Hank Harbers, the owner of Escorp, located at 1150 Laurel Lane, has
offered the City use of an athletic field located on the business property; and
WHEREAS, the land will be made available for $1 a year and the cost of the water; and
WHEREAS, Escorp will continue to provide maintenance; and
WHEREAS, the 1995-97 Approved Financial Plan contains funding for the cost of water.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis
Obispo does approve the lease of the Escorp facilities by the City of San Luis Obispo and
authorizes the Mayor to sign the agreement.
Upon motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of , 1995.
Allen Settle, Mayor
ATTEST:
Diane Gladwell, City Clerk
APPROVED AS TO FORM:
CWAW 61tve�-
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ATTACHMENT A -7
C— &
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into on the day of
1995, between ATOLL HOLDINGS, INC., a California corporation, ("Lessor"), and
the CITY OF SAN LUIS OBISPO, a charter municipal corporation of the State of California
("Lessee").
1. SITE. This Lease Agreement pertains to approximately 2 acres (the
"Site") located at 1150 Laurel Lane, San Luis Obispo. California (the "Property") more
particularly described in the drawing attached hereto as Exhibit A. Lessor will tender the Site
to Lessee in an "as is" condition on the Commencement Date.
LEASE. Lessor hereby leases the Site to Lessee, and Lessee hereby leases
the Site fro4ssor, subject to the terms and conditions of this Lease Agreement.
3. TERM. The Term of this Lease Agreement shall begin on September 1,
1995 (the "Commencement Date") and shall end on August 31, 1997, provided, however, the
Lessor may terminate this Lease Agreement at any time on thirty (30) days written notice, with
or without cause.
4. RENT. Rent for the Site shall be One and No/100 Dollars ($1.00)for the
entire Term of this Lease Agreement and shall be paid upon execution hereof.
5. USE. Lessee will use the Site as a soccer field and a baseball field to be
used by organized teams or leagues for playing or practicing baseball or soccer as may be
appropriate (the "Activities"). The City of San Luis Obispo Parks and Recreation Director on
behalf of the Lessee shall be directly responsible for controlling access to the Site. The City of
San Luis Obispo Parks and Recreation Director shall be given one or more keys to a gate to the
Property which he will use to grant access to the Site to participants in the Activities (the
"Participants") or those viewing the Activities. It is a condition of this Lease that on or about
the Commencement Date Lessee shall install at its sole cost a water meter with respect to all
water to be used on the Site. Lessor shall mow the Site once per week, shall maintain the
irrigation system on the Site and shall water the Site at intervals to be mutually agreed to
between Lessor and Lessee. Lessee shall be responsible for reseeding any areas as it determines
may be necessary to allow the Activities to be carried on. The Activities shall be operated in
a lawful and orderly manner, and Lessee shall obtain all necessary approvals and permits for the
Activities. Lessee shall comply with all present and future laws, ordinances, requirements, rules
and regulations of governmental authorities having jurisdiction pertaining to the operation and
safety of the Activities. No dangerous substances shall be located on the Site. Lessee shall
neither conduct nor allow any activity or condition on the Site which is unlawful, which, in
Lessor's reasonable judgment, increases the risk of harm to any person or property beyond the
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ATTACHMENT B
minimal risk normally associated with activities similar to the Activities, which would create a
nuisance or trespass, which would disturb or impair the use or operation of the Property other
than the Site, or which, in any manner, would vitiate the insurance or increase the rate of
insurance on the Property or any part thereof.
6. RESTROOMS. Lessor agrees that it shall obtain from Crux Climbing
Gym, Inc. permission fof the Participants to be allowed to use the restrooms located at the Crux
Climbing Gym, provided that such Participants prior to being authorized to use the restrooms
must obtain a Crux identification card and present such card prior to admission to the Crux
Climbing facility. Lessor agrees that the initial identification card shall be provided to the
Participant at no cost. If the Participant should mislay his Crux identification card and require
an additional Crux identification card, such additional identification card shall cost the
Participant $1.00. Lessee recognizes that Crux will confiscate the identification card from and
deny admission to any Participant who allows anyone other than himself to use the identification
card or in any way abuses the privilege of being allowed to use the restrooms at the Crux
Climbing facility.
7. PARKING. Lessee shall have the right to use the ten (10) parking spaces
located on the Property closest to Laurel Lane and not designated for use by the Crux Climbing
Gym patrons or the Lessor's employees for a period commencing one hour prior to any Activity
and ending one hour after any Activity. Lessee agrees that it will inform all Participants and
those viewing the Activities of these conditions and that they shall have no right to use the
parking facilities reserved for the use of the Crux Climbing Gym participants or the employees
of Lessor. All terms and conditions relating to the Lease shall apply to the parking area made
available to the Lessee, including in particular, but not in limitation, all indemnity and insurance
provisions hereof.
8. SURRENDER OF PREMISES. Upon the termination of this Lease
Agreement, Lessee will immediately remove its personal property from the Site and will
peacefully surrender possession of the Site without further notice and in as good condition as
when entered, ordinary wear and tear excepted. Personal property remaining on the Site after
the expiration of this Lease Agreement may be stored by Lessor or, if ten (10) days' prior notice
is sent to Lessee, Lessor may dispose of such property in such manner as it may elect, and shall
not be accountable for any proceeds of such disposition.
9. INSURANCE. Lessee shall not allow any team or league to use the Site
unless such team or league obtains and keeps in force at its expense so long as such team or
league uses the Site comprehensive public liability insurance, including contractual liability,
protecting and indemnifying Lessor and such team or league against any and all claims arising
with respect to Lessee's occupancy of the Site and the use of the Site by such team or league,
with companies and in a form acceptable to Lessor, to afford protection to the limit, per
occurrence, of not less than One Million Dollars ($1,000,000) with respect to personal injury
or death, and property damage. Lessee shall deposit a duplicate copy of the policies or
certificates of insurance with Lessor, which policies shall name Lessor and its designees as
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additional named insureds, and shall provide that said policy or policies shall not be cancelled
except after thirty (30) days' written notice to Lessor.
10. NO WASTE OF PREMISES. Lessee will not damage or commit waste
of the Site or the Property. Lessee will pay to Lessor, upon demand, the cost of repairs to the
Site caused by the Activities and vandalism or other damage to the Property caused by the
Participants or anyone viewing the Activities or any third party who gains access to the Property
through the Lessee, either directly or indirectly. Lessee shall insure that trash does not
accumulate on the Site and shall either remove the trash itself or contract with a trash removal
service to ensure that trash is removed promptly.
11. ALTERATIONS. No permanent alterations or improvements of the Site
shall be made by Lessee unless the plans and specifications therefor have first been approved
in writing by Lessor. Any work performed by the Lessee shall be in accordance with all codes
and other applicable laws and regulations.
12. ASSIGNMENT AND SUBLETTING. Lessee shall not mortgage, pledge,
hypothecate, assign, transfer, encumber, sublease, or grant a license with respect to any interest
in this Lease Agreement or the Site.
13. INDEMNITY; EXPENSES.
(a) Expense Caused by Lessee. Lessee shall indemnify, defend and
save Lessor harmless from all claims, actions, damages, liability and expenses (including
reasonable attorneys' fees and court costs) resulting from the occupancy or use by Lessee of the
Site occasioned wholly or in part by any act or omission of Lessee or the Participants or
Lessee's agents, servants, contractors, employees, licensees, invitees or guests.
(b) At Own Risk. Lessee shall occupy the Site at its own risk, and
unless due to the gross negligence or willful misconduct of Lessor, its agents or employees,
Lessor shall not be liable to Lessee or to those claiming by, through or under Lessee for any
damage to Lessee's property, or for any injury or damage to persons or property that results
from any latent or apparent defect or change of condition in the Site, crime. accident, natural
disorder, water, or any other cause.
(c) Liti ation. If Lessor, without fault on its part, is made a party to
or is required to testify in connection with any litigation or administrative proceeding
commenced by, against or concerning Lessee, then Lessee shall protect and hold Lessor
harmless therefor and shall pay all costs, expenses, and reasonable attorney's fees incurred by
Lessor in connection with such proceeding.
(d) Attorney's Fees. In the event of any controversy, claim, or dispute
relating to this Lease Agreement, or the breach thereof, the prevailing party shall be entitled to
recover from the losing party reasonable expenses, attorney's fees, and costs.
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(e) Limitation of Liability. Any claim by Lessee against Lessor shall
be limited to the interest of Lessor in the Property.
(f) Survival. The terms of this Section 13 shall survive the term of
this Lease Agreement.
13. DEFAULT.
(a) Events of Default. In the event that Lessee defaults in performing
any of its obligations under this Lease Agreement and fails to cure such default within ten (10)
days after the giving of notice of default by Lessor, then Lessor, at.its option, may terminate
this Lease Agreement by three (3) days written notice to Lessee, or pursue any other remedies
for default available to it at law or in equity.
(b) Remedies Upon Default. Upon Lessor's termination of this Lease
Agreement pursuant to subparagraph (a) above,. Lessee shall at once surrender possession of the
Site to Lessor, and Lessor may immediately, and without further notice, or at any time
thereafter, reenter the Site and remove all persons and all or any property therefrom, by any
suitable action or proceeding at law.
(c) Other Remedies. If Lessee breaches any of the provisions hereof,
Lessor shall be entitled to obtain specific performance thereof, and shall be further entitled to
obtain any other remedies which it may have at law or equity.
14. NOTICES. All notices or other communications to be given under this
Lease Agreement shall be in writing and delivered personally or sent by prepaid, first class,
certified or registered airmail, return receipt requested and mailed to the address set forth below
(or to such other address as either party may from time to time duly notify the other). Any such
notice or other communication shall be deemed to have been duly given immediately upon actual
receipt or three (3) days after mailing.
Atoll Holdings, Inc.
1150 Laurel Lane
San Luis Obispo, CA 93401
Attn: H. C. Harbers, Jr.
The City of San Luis Obispo
Parks and Recreation Department
860 Pacific Street
San Luis Obispo, CA 93401
15. TERMS SEVERABLE. If any provision hereof is held void or
unenforceable for any reason, the remainder of this Lease Agreement shall continue in full
effect.
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16. RIGHTS CUMULATIVE. All rights and powers conferred hereunder
upon Lessor and Lessee shall be cumulative but not restrictive to those given by law.
17. NO WAIVER OF RIGHTS. No failure of Lessor to exercise any right
hereunder, or to insist upon strict compliance by Lessee with its obligations hereunder, and no
custom or practice of the parties at variance with the terms hereof shall constitute a waiver of
Lessor's rights to demand exact compliance with the terms hereof.
18. BROKERAGE. Lessor and Lessee each represent to the other that it has
not dealt with any broker or agent in connection with this Lease.
19. SUCCESSORS AND ASSIGNS. Except as otherwise expressly provided,
all provisions herein shall be binding upon and shall inure to the benefit of the parties, their
permitted heirs, executors, administrators, legal representatives, successors and assigns.
20. GOVERNING LAW. The laws of the State of California shall govern the
validity, performance and enforcement of this Lease Agreement. Venue for any action related
hereto shall be in the courts of San Luis Obispo County, California.
21. ENTIRE AGREEMENT. This Lease Agreement and the attached Exhibits
set forth the entire agreement between the parties. Any prior or contemporaneous conversations
or writings are merged herein. No provision hereof can be waived or amended except by a
writing signed by the party against whom enforcement of such waiver or amendment is sought.
IN WITNESS WHEREOF, Lessor and Lessee have executed this. Lease
Agreement, as of the date first written above.
LESSOR: LESSEE:
ATOLL HOLDINGS, INC. CITY OF SAN LUIS OBISPO,CALIFORNIA
By: By:
Title: President Title: Mayor
APPROVED AS TO FORM:
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LAUREL LANE EXHIBIT A