HomeMy WebLinkAboutA46-04AGREEMENT FOR USE OF SLO BASEBALL STADIU M
BY SAN LUIS OBISPO BLUES FOR 2004 SEASO N
This Agreement, made and entered into this 26 th day of May, 2004, by and between the CIT Y
OF SAN LUIS OBISPO, hereinafter "CITY" and SAN LUIS OBISPO BLUES, hereinafte r
"PERMITTEE ."
WHEREAS, City is the owner and operator of San Luis Obispo Baseball Stadium ,
located in Sinsheimer Park, hereinafter "FACILITY ;" an d
WHEREAS, Permittee will be scheduling baseball league games and/or tournaments a t
the Facility ,
NOW, THEREFORE, in consideration of the mutual promises, agreement, covenant s
and conditions herein set forth, City and Permittee mutually agree and covenant as follows :
1.This agreement applies to the use of Facility and the adjacent barbecue area only . Th e
use of the Facility is for regulation baseball games only .
2.Fees for use of the Facility shall be charged on a daily basis at $58 .40/day for daytim e
use, $83 .20/day for evening use, $12 .55/day for use of the concession/press box are a
and $49 .15/use for the stadium barbecue area . The City will not honor fee waive r
requests for this use .
3.Payment conditions :
a.By May 28, 2004, $1000 .00 of the use fees is due and payable to the City . An
additional $2000 .00 by 5 :00pm on June 1, 2004 . Another $1000 .00 payment wil l
be due on June 15, 2004 . The remaining balance due is payable by June 30 ,
2004 . There will be no grace period .
b.Should condition #3a not be met on June 30, 2004, Permittee will be responsibl e
for total hours worked by the Facility attendant for the 2004 season to be billed a t
1Ni-6V
an hourly rate of $12 .55 and are due to the City along with the fees fro m
condition #3a by July 14, 2004 and will be delinquent on August 2, 2004 .
c.Should both conditions #3a and 3b not be met, Permittee will be responsible fo r
payment to the City of 20% of the gate receipts and 10% of the concessio n
receipts, estimated at $4,000 ; Permittee is required to pay all fees under item s
#3a, 3b, and 3c by August 16, 200 4
d.Should Permittee fail to pay all fees by September 17, 2004, then the City wil l
turn over the delinquent account to a collection agency and the Permittee forfeit s
all future Facility uses .
4.Permittee shall be responsible for all field preparation . The City shall be responsible fo r
canceling games when inclement weather conditions exist .
5.Permittee must have a current City business tax license to conduct activities at th e
Facility . A copy of the business license must be presented to the Parks and Recreatio n
Department one (1) week prior to the start of the season or Facility use will not b e
permitted . Should the business tax license expire during the term of the permit ,
Permittee must present a copy of the receipt on or before the due date of the license i n
order to continue use of the Facility for the remainder of the season .
6.Beer sales will be allowed upon presentation of a marketing policy for beer sales by th e
Permittee to the Parks and Recreation Director . Once permission is granted, Permitte e
agrees not to keep beer on the Facility premises overnight . Permittee also agrees t o
contact the Parks and Urban Forestry Supervisor for authorization to locate any portabl e
structures used to sell alcohol inside the Facility . Vehicles and/or trailers used for
concessions must be parked on the concrete pad near the stairway . Any damag e
sustained to the facilities from these vehicles and/or trailers will be repaired by the Cit y
and billed to the Permittee for labor and materials . Permission to sell alcohol can be
revoked for violations of the terms of the agreement, or as a result of any inappropriat e
actions by Permittee's representatives in conjunction with the distribution of beer . The
revocation can be made by the Parks and Recreation Department or the ABC .
7.Permittee is required to provide one security officer, who is employed by a bonde d
private security service, for the purpose of monitoring the parking lot and alcohol sale s
and consumption . Should circumstances dictate the need for additional security ; th e
Permittee will be required to provide such upon written request by the City . Securit y
officer shall be on duty 30 minutes before game time until 30 minutes after th e
completion of the game .
8.Permittee may store concession items, except alcohol, in concession/press bo x
building, subject to availability of storage . Items are stored at the Permittee's own risk .
If Permittee wishes to store additional items on site, permission from City must b e
obtained in advance . If City finds items stored without permission, those items will b e
removed without notice to Permittee and Permittee shall bear all associated costs wit h
removal .
9.Permittee is required to provide one parking monitor before, during and after al l
scheduled games . Parking Monitor is to see that vehicles are legally parked i n
designated spaces and keep all fire lanes open .
10.Permittee shall clean up all trash and spills as a result of their use upon the conclusio n
of each day's events to the satisfaction of the City's on-site attendant . Trash shall b e
placed inside an appropriate receptacle ; if full, trash shall be placed next to a containe r
in sealed trash bags .
11.Vehicles beyond the park gates are allowed for deliveries only for a maximum of 1 5
minutes . Vehicles parked behind the park gates are subject to citation .
12.Curfew is 11 :00pm . No new inning may start after that time . Field lights are to b e
turned off by 11 :30pm . No games may begin before 9 :00am .
13.Use of Facility by Permittee is not exclusive .
14.Permittee acknowledges that all furnishings, equipment and supplies shall be stored a t
the Permittee's risk in the Facility .
15.Permittee shall notify City of any changes to their use within ten days of the date(s) t o
be changed . City reserves the right to modify Permittee's use schedule of the Facilit y
as it deems appropriate with reasonable notice and as it applies to the Priorities for Us e
of SLO Baseball Facility . Each use request shall specify the exact time that the facilit y
is to be opened ; an attendant will be scheduled to be onsite during the use time .
16.Permittee accepts the condition of the Facility as is . Permittee shall be responsible fo r
any damage to the Facility not related to normal wear and tear .
17.Permittee shall maintain the Facility in a neat, clean and sanitary condition . If Facility i s
not kept in a satisfactory condition, the City has the authority to terminate thi s
agreement immediately .
18.Permittee shall supervise the actions of spectators within the Facility .This include s
not allowing any spectators to enter the landscape banks located in the left an d
right field foul lines to retrieve foul balls .
19.Permittee shall not make any alterations to the Facility, either temporary or permanent ,
without the prior written approval of the City . City shall maintain the structural integrit y
of the Facility ; including roofing, electrical and plumbing systems . City shall have a staff
member on site during all scheduled uses to assure that Permittee honors th e
conditions set forth in this Agreement .
20.Permittee has permission to place advertising banners in the Facility for the term of th e
permitted use . Banner installation must be made in a manner acceptable to the Parks
and Urban Forest Maintenance Supervisor and may be posted in the Facility from th e
date of the first scheduled game until completion of the final scheduled date . Writte n
permission from other affected users in the Facility must be forwarded on to the Park s
and Recreation Department before signage can be installed in the Facility . Permittee i s
required to pay an estimated banner fee deposit of $1000 .00 one (1) week prior to th e
start of the season to cover all signs to be installed . City staff will determine the numbe r
of signs and the associated cost based upon size of the signs, deduct the costs from th e
deposit, and will bill or refund any difference to Permittee within 10 days upo n
completion of the season . Any additional payments billed to Permittee are due withi n
30 days upon receipt of invoice ; failure to pay will affect future abilities to place signage
in the Facility and/or denial of future Facility reservations . Permittee is responsible fo r
any damages caused as a result of signage installation . The City reserves the right t o
have any signs removed if deemed inappropriate . If City finds banners and sign s
present after the conclusion of the season, those items will be removed without notice t o
Permittee and Permittee shall bear all associated costs with removal .
21.Permittee is required to carry liability insurance, including legal liquor liability coverage ,
if required, in the amount of $1,000,000, naming the City as additional insured on th e
policy and provide City with an endorsement indicating the coverage to Permittee's
policy consistent with the City's insurance requirement set forth in attachment "A ."A
copy of the certificate of insurance must be presented to the City 5 days before the firs t
scheduled game . Permittee is required to have insurance claim forms on site in th e
event of injury to spectators, players or other parties .
22.The Permittee shall defend, indemnify, save and hold harmless the City and its officer s
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 connecte d
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 litigatio n
arising through the sole active negligence or sole willful misconduct of the City or it s
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 th e
Permittee .
23.This Agreement shall be in effect for a period from the date entered until August 2 ,
2004 . Either party reserves the right to cancel this agreement provided ten (10) day s
written notice is given, unless specified otherwise in this agreement .
24.All written notices to the parties hereto shall be sent by United States mail, postag e
prepaid by registered or certified mail addressed as follows :
25.The agreement represents the sum total of the use of San Luis Obispo Baseball Facility ,
and any other City facilities for the term of this agreement .
26.Recreation Supervisor Richard Ogden is the Permittee's contact for all issues related t o
the use of the Facility and the operation of this agreement . All contacts must be i n
writing .
Parks & Recreation Directo r
Parks & Recreation Departmen t
1341 Nipomo Stree t
San Luis Obispo, CA 9340 1
General Manage r
San Luis Obispo Blues Basebal l
P .O . Box 107 3
San Luis Obispo, CA 9340 6
City :
Permittee :
27 .Both City and Permittee do covenant that each individual executing this agreement o n
behalf of each party is a person duly authorized and empowered to execut e
Agreements for such party .
IN WITNESS WHEREOF, the parties hereto have caused this instrument to b e
executed the day and year first above written .
Parks & Recreation Director, City of San Luis Obisp o
Authorized Representativ e
San Luis Obispo Blues Baseball Team
City of San Luis Obispo Parks an d
Recreatio n
1341 Nipomo St .
San Luis Obispo, CA 9340 1
(805) 781-730 0
San Luis Obispo Blue s
P .o . Box 107 3
San Luis Obispo, CA 93406 Facility Permi t
Status : Approve d
Customer Type : Commercial/Privat e
Authorized Agent: Tim Golden Home : (805) 547-9929
06/1612004
A.Blake $7426 .75 $0.00 $5000 .00 07126/2004 $2426.7 5$0 .00 $0 .00
EVENT NAME FACILITY CENTE R
BLUES GAMES SLO Baseball Stadium Sinsheimer Par k
Attendance : 1000 900 Southwood Or .
San Luis Obispo, CA 9340 1
DATES RESERVED HR S
Saturday - 5/29/2004 01 :00 PM to 07 :00 PM 6
Monday - 5/31/2004 09 :00 AM to 06 :00 PM 9
Friday - 6/4/2004 04 :00 PM to 10 :00 PM 6
Sunday - 6/6/2004 09 :00 AM to 07 :00 PM 1 0
Tuesday - 6/8/2004 03 :00 PM to 10 :00 PM 7
Sunday - 6/13/2004 10 :00 AM to 04 :30 PM 6.5
Friday - 6/18/2004 04 :00 PM to 10 :00 PM 6
Sunday - 6/20/2004 09 :00 AM to 06 :30 PM 9 .5
Wednesday - 6/23/2004 03 :00 PM to 09:30 PM 6 .5
Saturday - 6/26/2004 12 :30 PM to 10:00 PM 9 .5
Friday - 7/2/2004 03:00 PM to 10:00 PM 7
Wednesday - 7/7/2004 09:00 AM to 03 :30 PM 6 .5
Saturday - 7/10/2004 04 :00 PM to 10 :00 PM 6
Monday-7/12/2004 09:00 AM to 03:30 PM 6 .5
Friday - 7/16/2004 04:00 PM to 10 :00 PM 6
Sunday - 7/18/2004 10 :00 AM to 04 :30 PM 6 .5
Wednesday - 7/21/2004 03 :00 PM to 09 :30 PM 6 .5
Wednesday - 7/28/2004 03 :00 PM to 09 :30 PM 6 .5
Sunday - 8/1/2004 10:00 AM to 04 :30 PM 6.5
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DATES RESERVED HRS
Sunday - 5/30/2004 05:00 PM to 09 :30 PM 4 .5
Wednesday - 6/2/2004 03:00 PM to 09 :00 PM 6
Saturday - 6/5/2004 05:30 PM to 10 :00 PM 4.5
Monday - 6/7/2004 09 :00 AM to 03 :00 PM 6
Wednesday - 6/9/2004 03 :00 PM to 09 :30 PM 6 .5
Wednesday - 6/16/2004 03 :00 PM to 09 :30 PM 6 .5
Saturday - 6/19/2004 04 :00 PM to 10 :00 PM 6
Tuesday - 6/22/2004 03 :00 PM to 09 :30 PM 6 .5
Friday - 6/25/2004 09 :00 AM to 10 :00 PM 1 3
Wednesday - 6/30/2004 03 :00 PM to 09 :30 PM 6 .5
Monday - 7/5/2004 03 :00 PM to 09:30 PM 6 .5
Friday - 7/9/2004 06 :00 PM to 10 :00 PM 4
Sunday - 7/11/2004 05 :30 PM to 10 :00 PM 4 .5
Wednesday - 7/14/2004 03:00 PM to 09:30 PM 6 .5
Saturday - 7/17/2004 01 :00 PM to 10:00 PM 9
Tuesday - 7/20/2004 03 :00 PM to 09:30 PM 6 .5
Friday - 7/23/2004 04:00 PM to 10 :00 PM 6
Saturday - 7/31/2004 04:00 PM to 10 :00 PM 6
Total Number of Dates : 37 Total Number of Hours : 24 9
NOTES :
EVENT NAME FACILITY CENTE R
BLUES GAME S
Attendance : 300
Sinsheimer Stadium Bbq Sinsheimer Par k
900 Southwood Dr .
San Luis Obispo, CA 9340 1
DATES RESERVED HRS DATES RESERVED HR S
Sunday - 5/30/2004 03 :00 PM to 09 :30 PM 6 .5 Monday - 5/31/2004 09 :00 AM to 06 :30 PM 9 .5
Wednesday - 6/2/2004 03 :00 PM to 09 :30 PM 6 .5 Friday - 6/4/2004 04 :00 PM to 10 :00 PM 6
Saturday - 6/5/2004 04 :00 PM to 10 :00 PM 6 Sunday - 6/6/2004 09 :00 AM to 06 :30 PM 9 .5
Monday - 6/7/2004 09 :00 AM to 03:30 PM 6 .5 Tuesday - 6/8/2004 03 :00 PM to 09 :30 PM 6 .5
Wednesday - 6/9/2004 03 :00 PM to 09:30 PM 6 .5 Sunday - 6/13/2004 10 :00 AM to 04 :30 PM 6 .5
Wednesday - 6/16/2004 03 :00 PM to 09 :30 PM 6 .5 Friday - 6/18/2004 04 :00 PM to 10 :00 PM 6
Saturday - 6/19/2004 04 :00 PM to 10:00 PM 6 Sunday - 6/20/2004 09 :00 AM to 06 :30 PM 9 .5
Tuesday - 6/22/2004 03:00 PM to 09 :30 PM 6 .5 Wednesday - 6/23/2004 03 :00 PM to 09:30 PM 6 .5
Friday - 6/25/2004 09 :00 AM to 10 :00 PM 13 Saturday - 6/26/2004 12 :30 PM to 10:00 PM 9 .5
Wednesday - 6/30/2004 03 :00 PM to 09 :30 PM 6 .5 Friday - 7/2/2004 03:00 PM to 10 :00 PM 7
Monday - 7/5/2004 03 :00 PM to 09 :30 PM 6 .5 Wednesday - 7/7/2004 09:00 AM to 03 :30 PM 6.5
Friday - 7/9/2004 04 :00 PM to 10 :00 PM 6 Saturday - 7/10/2004 04 :00 PM to 10 :00 PM 6
Sunday - 7/11/2004 03 :00 PM to 09 :30 PM 6 .5 Monday - 7/12/2004 09 :00 AM to 03 :30 PM 6.5
Wednesday - 7/14/2004 03:00 PM to 09 :30 PM 6 .5 Friday - 7/16/2004 04 :00 PM to 10 :00 PM 6
Saturday - 7/17/2004 01 :00 PM to 10 :00 PM 9 Sunday - 7/18/2004 10 :00 AM to 04 :30 PM 6 .5
Tuesday - 7/20/2004 03:00 PM to 09:30 PM 6 .5 Wednesday - 7/21/2004 03 :00 PM to 09 :30 PM 6 .5
Friday - 7/23/2004 04 :00 PM to 10 :00 PM 6 Wednesday - 7/28/2004 03 :00 PM to 09 :30 PM 6 .5
Saturday - 7/31/2004 04:00 PM to 10 :00 PM 6 Sunday-8/1/2004 10 :00 AM to 04 :30 PM 6 .5
Total Number of Dates : 36 Total Number of Hours : 25 1
NOTES :
CHARGE DESCRIPTION FACILITY/EVENT UNIT FEE QTY TAX TOTA L
CHARGED
DISCOUNTED/
PAID BALANCE DU E
Banner Permits SLO Baseball Stadium - BLUE S
GAMES
$2350 .00 1 .00 $0 .00 $2350 .00 $1000 .00 $1350 .0 0
Facility Opening Fee SLO Baseball Stadium - BLUE S
GAMES
$12 .55 37 .00 $0 .00 $464.35 $464 .35 $0 .00
Outdoor Rental SLO Baseball Stadium - BLUE S
GAMES
$58 .40 10 .00 $0 .00 $584.00 $584 .00 $0 .00
Outdoor Rental SLO Baseball Stadium - BLUES
GAMES
$83 .20 27 .00 $0 .00 $2246.40 $1169 .65 $1076.7 5
Outdoor Rental Sinsheimer Stadium Bbq -
BLUES GAMES
$49 .50 36 .00 $0 .00 $1782 .00 $1782 .00 $0.00
RECEIPT NUMBER DATE CHARGE DESCRIPTION FACILITY/EVENT AMOUNT
1005715.001 05/28/2004 Outdoor Rental SLO Baseball Stadium - BLUES GAMES $584 .0 0
1005715 .001 05/28/2004 Outdoor Rental SLO Baseball Stadium - BLUES GAMES $416 .0 0
1005729 .001 06/01/2004 Outdoor Rental SLO Baseball Stadium - BLUES GAMES $279 .7 5
1005729 .001 06/01/2004 Outdoor Rental Sinsheimer Stadium Bbq - BLUES GAMES $1720 .2 5
1006290 .001 06/21/2004 Banner Permits SLO Baseball Stadium - BLUES GAMES $1000 .0 0
1006773 .001 07/22/2004 Outdoor Rental SLO Baseball Stadium - BLUES GAMES $473 .9 0
1006773 .001 07/22/2004 Outdoor Rental Sinsheimer Stadium Bbq - BLUES GAMES $61 .7 5
1006773 .001 07/22/2004 Facility Opening Fee SLO Baseball Stadium - BLUES GAMES $464 .35
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Company Phone 1 : (805) 547-9929 Company Phone 2 : 80 5
The undersigned, herein known as the applicant, understands and agrees that he/she or the organization that he/she represents shall assume all risks fo r
loss, damage, liability, injury, cost or expense that may occur during or as a result of the use listed above ; the applicant further agrees that in consideration o f
permission to use the City property listed above, he, she or the organization will save, defend, and hold the City of San Luis Obispo and/or their employee s
free and harmless from any loss, claims, liability or damages, and/or injuries to persons and property that in any way may be caused by the applicant's use o r
occupance of said property, the applicant further agrees to be personally responsible for any damages sustained to the grounds, building, fixtures o r
equipment, as a result of their use of City property . The City of San Luis Obispo Park Rangers have the authority to enforce City rules and regulations fo r
indoor and outdoor facilities . City staff may also cancel any park use if field conditions are unplayable or unsafe . The applicant further certifies that he/she ha s
read the rules for use of City facilities and agrees to abide by them .
X
Applicant or Representative Group Date
RETURN SIGNED PERMIT AND FEES TO THE ABOVE ADDRESS 10 WORKING DAYS PRIOR TO THE EVENT . A KEY FOR BBQ USE MUST BE
PICKED UP NO LATER THAN THE FRIDAY PRIOR TO THE EVENT AT THE PARKS & RECREATION DEPARTMENT OFFICE, 1341 NIPOMO STREET .
IF KEYS ARE NOT PICKED UP AND STAFF IS CALLED OUT TO UNLOCK THE BBQ, A MINIMUM $10 .00 CALL-OUT FEE WILL BE ADDED TO YOU R
PERMIT AND MUST BE PAID WITHIN 5 DAYS AFTER THE EVENT . ANY QUESTIONS REGARDING YOUR RESERVATION, PLEASE CALL 781-7222 .
IF PROBLEMS OCCUR AT YOUR EVENT, PLEASE CALL SLO POLICE DEPARTMENT AT 781-7312. ALWAYS BRING A COPY OF YOUR PERMIT T O
THE EVENT .
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