Loading...
HomeMy WebLinkAboutReso - CC - 026-1998RESOLUTION 26-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING EXECUTION OF LEASE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE BURLINGAME YOUTH BASEBALL ASSOCIATION FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A BASEBALL BATTING CAGE AT WASHINGTON PARK RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the development of a baseball batting cage in Washington Park will provide an opportunity for wholesome recreation and baseball practice for the young people of the community; and WHEREAS, the Burlingame Youth Baseball Association has proposed to construct, maintain and operate such a batting cage at no cost to the City of Burlingame; and WHEREAS, the Burlingame Youth Baseball Association has agreed to construct, maintain and operate the batting cage in a manner that will be acceptable to the City of Burlingame; and WHEREAS, the City of Burlingame will hold the title to the batting cage constructed in Washington Park, NOW THEREFORE, IT IS ORDERED:" 1 . The Lease Agreement attached hereto as Exhibit 15is approved and the City Manager is authorized to execute the Lease Agreement for and on behalf of the City of Burlingame. 2. The City Clerk is directed to witness the Manager's signature on behaU of the City. YOR I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 6th day of APR I L 1998, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE EXHIBIT A Exemption from the Provisions of the California Environmental Quality Act City of Burlingame Planning Department 501 Primrose Road Burlingame, CA 94010 Project Title: Construction of a baseball batting cage at Washington Park Project Location -Specific: Comer of Carolan and Burlingame Avenues Project Location - City: Burlingame Project Location - County: San Mateo Description of Project: The City ofBurlingame proposes to lease property within Washington Park to the Burlingame Youth Baseball Association to construct, maintain and operate a baseball batting cage. The 1440 SF batting cage will be located adjacent to the baseball and softball fields and to the parks yard. Name of Public Agency Approving Project: City of Burlingame Name of Person or Agency Carrying Out Project: Burlingame Youth Baseball Association Exempt Status: (check one) _ Ministerial (Sec. 21080(b)(1); 15268); _ Declared Emergency (Sec. 21080(b)(3); 15269(a); Emergency Project (Sec. 21080(b)(4); 15269(b)(c); X Categorical Exemption. State type and section number: Class 1, Section 15301 Statutory Exemptions. State code number: Reasons why project is exempt: Class 1 exemptions include minor alteration of existing public facilities including additions to existing facilities of less than 10,000 SF if the project is in an area where all public services and facilities are available and the area in which the project is located is not environmentally sensitive. The addition of a 1440 SF batting cage within an 18.90 acre community park meets these criteria. Lead Agency Contact Person: Margaret Monroe Area Code/Telephone: (650) 696-7250 Signature: IC-- Date: li`1 Title: City Planner EXHIBIT B AGREEMENT BETWEEN CITY OF BURLINGAME AND BURLINGAME YOUTH BASEBALL ASSOCIATION FOR LEASE OF WASHINGTON PARK PROPERTY FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A BASEBALL BATTING CAGE THIS AGREEMENT, made and entered into this day of 1998, by and between the City of Burlingame, a municipal corporation, hereinafter referred to as "CITY" and the Burlingame Youth Baseball Association, a California nonprofit public benefit corporation, hereinafter referred to as "CORPORATION." WITNESSETH: WHEREAS, City owns certain real property developed as a part of Washington Park, within the City of Burlingame, San Mateo County, which is shown in Exhibit "A" attached hereto and made a part hereof by this reference ("PREMISES"); and WHEREAS, Corporation and City agree it is reasonable and desirable that Corporation, an established and recognized organization of citizens, construct and then maintain and operate a new recreational facility ("BATTING CAGE") as described below; and WHEREAS, under this Agreement, CITY intends to grant the Premises Lease to Corporation for the purposes of constructing, maintaining and operating the Batting Cage. NOW, THEREFORE, in consideration of the premises set forth above, the parties mutually agree as follows: PuMoses. The purposes of this Lease are: A. To allow Corporation to construct the Batting Cage Project and make available a safe and attractive baseball and softball batting practice recreational facility for City, Burlingame High School and community group use. B. To provide for Corporation's sole management of the Premises and the Batting Cage and the conditions under which it will operate during the term of this Lease. Term. The term of the Lease granted under this Agreement shall be for ten (10) years from the day and date above written. At the expiration of such term, this agreement shall automatically be extended for terms of five (5) years, unless either the City or the Corporation provides written notice to the other at least six (6) months before the end of the term of this agreement that they wish to renew or terminate this agreement, but no more than three (3) such extensions, for a total of 25 years. Should City observe that the Batting Cage is unused by Corporation for one full year, City reserves the right to require Corporation to demonstrate to the satisfaction of the City why lease should not be terminated and Batting Cage demolished. 3. Consideration for Lease. In consideration for the Lease granted hereby, and if Corporation satisfies all of the conditions set forth below, Corporation agrees to construct the Batting Cage at its own expense and to perform the additional duties set forth in the Lease. 4. Construction. Corporation shall construct on the Premises a Batting Cage as shown in Exhibit `B" attached hereto. Corporation shall be responsible for all construction labor and costs and shall obtain all necessary building permits and approvals (no City fees shall be charged for such permits and approvals). All plans and specifications shall be approved by the City Parks & Recreation Director (DIRECTOR) before any work is begun. Once work is begun, construction project must be completed to satisfaction of City within 90 calendar days. Damage or Destruction (Making Batting Cage Unfit for Use). In the event the Batting Cage, or any portion thereof, is destroyed by any cause that renders the Premises unfit for the purposes designated in paragraph 1 and if the Batting Cage is so badly damaged that it cannot 2 be repaired within ninety (90) days from the date of such damage, either parry may terminate this Lease by giving to the other party written notice within (10) days of the occurrence. (Both parties shall meet in a timely manner to discuss removal of the Batting Cage and apportionment of costs for the removal.) 6. Corporation Maintenance Duties. Corporation shall maintain the Batting Cage -in accordance with all City laws and regulations and applicable safety standards. The roof, structure and fence of the Batting Cage shall be kept in good repair and in an attractive condition at all times. City shall have the right to enter upon and inspect the Batting Cage, subject to reasonable advance notice, to determine whether Corporation is complying with this lease and whether the site is being maintained in a reasonably safe manner. Notwithstanding the above provisions, Corporation shall also be responsible for damage or repair to Washington Park resulting from Corporation's construction of the project or Corporations's other use of Washington Park, and not occasioned by normal wear and tear. Failure to Maintain. If Corporation fails to maintain or make repairs or replacements as required herein, City may notify Corporation in writing of said failures. Should Corporation fail to correct the situation within 90 days thereafter, Director may make, or cause to be made, the necessary corrections and the cost thereof, including, but not limited to the cost of labor, materials, and equipment, plus a 15% charge for City administration of the repairs, shall be paid by Corporation within ten (10) days of receipt of a statement of said cost from Director. City may, at its option, choose any other remedies available herein or by law to secure such payment. If Corporation fails to correct the situation within 90 days thereafter, City may consider Corporation in default, and, ten (10) days after notification to Corporation, at City's option and City's cost, demolish the Batting Cage or cancel this Lease, or both. Corporation Use of the Property. The Corporation shall have the exclusive control over the use of the Batting Cage and City authorizes Corporation or its approved user to conduct batting practice in the Batting Cage. Corporation may permit City, Burlingame High School or other user groups to use the facility for batting practice, at its discretion, on a time available basis. All use of the Batting Cage will be governed by rules developed by the Burlingame Park & Recreation Commission (CONMSSION) for the regulation of pitching machines within City parks. Currently approved rules for the use of pitching machine are attached as Exhibit "C." Changes to these rules will only be considered by the Commission in a public meeting which has been properly noticed according to the laws of the State of California. These rules shall be considered minimum standards, and the Corporation is solely responsible for determining whether additional safety requirements are appropriate. The Corporation warrants that it shall not discriminate in permitting or allowing use of the batting cage on the basis of age, sex color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion or medical condition, unless based on a bonafide safety limitation founded on manufacturer and Consumer Product Safety Commission recommendations. It is agreed that it is not the intent of City or Corporation to create a for-profit batting cage open to the public on a fee basis. Rather, it is the intent of both parties to create a facility to be used by nonprofit community groups. The months of February through September each year shall be considered the Baseball Season for the purposes of this agreement. During the "off season," October through January, at least 25% of the available daylight hours shall be made available to bona fide Burlingame youth groups wishing to use the batting cage for their batting practice. Corporation may charge bona fide Burlingame youth groups or other user groups rental 0 fees to cover the direct cost of necessary supervision and wear and tear on the Batting Cage and its equipment. Such fees shall be approved in advance by the City's Parks & Recreation Director. Such approval shall not be unreasonably withheld. 9. Ownership of Improvements. All improvements constructed, erected or installed upon the Premises must be free and clear of all liens, or liability for labor or material and shall become the property of the City and remain upon the Premises upon termination of this Lease. Pursuant to Revenue and Taxation Code Section 107.6, the property interest created by this Premises Lease may be subject to a property or possessory interest tax under California law, and Corporation agrees that it shall be solely responsible for payment of any such tax. 10. Utilities. City shall be responsible for and shall pay, prior to delinquency, any charges for utilities supplied to the Premises. 11. Insurance. The Corporation shall obtain and maintain the following insurance throughout the term of this Lease: A. Minimum scope of insurance. Coverage shall be at least as broad as: 1) Insurance Services Office form number (GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office Commercial General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form GC 0001). 2) Workers Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. A. Beginning of Lease. Corporation shall maintain limits no less than: 1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required limit. 2) Workers Compensation and Employers Liability: Workers compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, volunteers; or the Corporation shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. D. Other insurance provision. The policies are to contain, or be endorsed to contain the following provision: 1) General Liability Coverages. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liabilities arising out of activities performed by or on behalf of Corporation, products and completed operations of the Contracts, premises owned, occupied, or used by the Corporation. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, or volunteers. b. The Corporation's insurance shall be primary insurance as respects the City, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, employees or volunteers shall be excess of the Corporation's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, or volunteers. b. The Corporation's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2) Workers Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees or volunteers for losses arising from work performed by the Corporation for the City. 3) All coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or limits after thirty (30) days prior written notice by certified mail, return receipt required, has been given to City E. Acceptability of insurer. Insurance is to be placed with insurers with a Best's rating of no less than B+. F. Verification of coverage. Corporation shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City. Where by statute, the City's workers compensation -related forms cannot be used, equivalent forms provided by the State Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. G. Other user groups. Corporation shall be solely responsible for obtaining any insurance coverages it may desire from other user groups, but this insurance shall in no way affect the responsibility of the Corporation to the City for obtaining Corporation's own insurance. Insurance coverage required of other groups by Corporation shall not be excessive or onerous. H. Increases in Limits. At least six (6) months before the end of the term of this lease, or each extension thereto, City may give written notice to Corporation that the insurance limits under this Lease are to be increased, and so long as the limits are not increased by more than fifty percent (50%), such notice shall not be considered a notice of termination under this Lease. 12. Indemnity. Corporation hereby releases and agrees to protect, defend, hold harmless, and indemnify City, its City Council, its officers, employees and elected officials, boards and commissions, from and against all claims, injury, liability, loss, costs and expense, or damage, however same may be caused, including all cost and reasonable attorney's fees in providing the defense to any claim arising therefrom, for any loss or damage to property (real and/or personal) and for personal injury to or death of any person or persons arising out of, occurring by reason of, or in any way connected with the facility for batting practice, unless the claim arises for the sole negligence or willful misconduct of the City, its officers or employees. 13. Amendments. This agreement may be amended or modified by written agreement signed by both parties, including the continuing or changing of the maintenance or operations programs for Batting Cage in subsequent years. Failure on the part of either parry to enforce any provisions of this agreement shall not be construed as a waiver of the right to compel enforcement of such provision or provisions. 14. Notices. All notices shall be in writing and delivered to in person or transmitted by certified mail, return receipt requested, postage paid: Notices required to be given to City shall be addressed: Parks & Recreation Director City of Burlingame 850 Burlingame Avenue Burlingame, CA 94010 Notices required to be given to Contractor shall be addressed: President Burlingame Youth Baseball Association P. O. Box 1633 Burlingame, CA 94011 Said persons shall be representatives of City and Corporation for all purposes of this agreement. 15. Interpretation. As used herein, any gender included each gender, the singular includes the plural, and vice versa. 16. Venue. The applicable law for any legal disputes arising out of this contract shall be the law of the State of California, and the forum and venue for such disputes shall be the law of the State of California, and the forum and venue for such disputes shall be the appropriate Superior or Municipal Court in and for San Mateo County. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first written above CITY OF BURLINGAME A Municipal Corporation By City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney BURLINGAME YOUTH BASEBALL ASSN. A California Nonprofit Corporation I:3 President 0 z w —�/ or a IJ EXHIBIT A llkq,-q I I ori y EXHIBIT C October 16, 1997 RULES FOR THE USE OF PITCHING MACHINES IN CITY PARKS The Burlingame Park & Recreation Commission has adopted the following rules to govern the use of pitching machines in City parks: 1. The use of pitching machines or other similar motorized devices are prohibited without the prior written approval of the Parks & Recreation Director. 2. The only users who will be authorized to use pitching machines will be members of non- profit youth groups and the League President or Commissioner of the group must file the use request with the Director. 3. The use of the above devices will be permitted between the hours of 9:00 a.m. and dusk on unlighted fields and between 9:00 a.m. and 9:00 p.m. on lighted fields.