HomeMy WebLinkAboutCC AG PKT 2007-10-22 #S
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AGENDA REPORT
DATE:
October 22, 2007
TO:
Honorable Mayor and Members of the City Council
FROM:
June Yotsuya, Assistant City Manager
THRU:
_:David N. Carmany, City Manager
SUBJECT:
Approval of License with Total Sports Camp for Use of:Ws
Alamitos Unified School District McGaugh Gymnasium
SUMMARY OF REQUEST:
City Council is requested to approve a license between the City of Seal Beach and Total Sports
Camp that will sublease the McGaugh Gymnasium owned by the Los Alamitos Unified School
District for sports camp use.
DISCUSSION:
The City of Seal Beach leases several portions of the McGaugh Elementary School facility for
recreation and community service activities. The lease arrangement with the Los Alamitos
Unified School District includes use of the school gymnasium during the hours not used for
school purposes. The City also shares in the expense to maintain the facility and is currently on
a month to month tenancy with the School District.
The attached license with Total Sports Camp will permit the camp's use of the gymnasium for a
monthly rental fee based on an estimated 400 hour annual use of the facility, This agreement
supersedes the prior agreement that is included as reference. Under the new agreement, Total
Spotts Camp will operate as an independent contractor and is solely responsible for all aspects of
its program, operations and use of the facility. In"addition, Total Sports Camp will also be
responsible for pool use fees at the McGaugh Pool and for any additional arrangements made
with the School District for use of other portions of the school campus.
The term of the license is ongoing with termination by either party upon a 30-day written notice.
The first year shall begin April 1, 2008 with rental fees reviewed at the beginning of each year.
The hours of operation are set forth in Exhibit A of the agreement.
Agenda Item S
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October 22, 2007
City Council Agenda Report-Total Sports Camp AgreenIent
Page 2
FINANCIAL IMPACT:
Total Sports Camp shall pay to the City $1000 per month or $12,000 annually for use of the
gymnasium for 400 hours at $30 per hour.
RECOMMENDATION:
Staff recommends that City Council approve Resolution Number approving a License
between the City of Seal Beach and Total Sports Camp for use of McGaugh Gymnasium,
Submitted by:
~~~-~
J e Y otsu a, Assistant City Manager
CJ:.:f~
David N, carman}, City Manager
Attachment:
Prior Fee Agreement
License with Total Sports Camp
Resolution Authorizing Approval
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FEE AGR EMENT
@COpy
THIS AGREEMENT is made as of Septe ber 5, 2006 by and between the City of Seal
Beach, a municipal corporation ("City'1, located t 211 8th Street, Seal Beach, CA 90740 and
Scott Durzo's Total Sports Camp C'Program"), located at 124 5th Street, Seal Beach, CA
90740.
A. Scott Durzo's Total Sports Camp is a non-profit agency operating Scott Durzo's
Total Sports Ca.fT\p independent of the City's Re ation Department.
B. ~cott Durzo's Total Sports Camp is non-profit agency sub-leasing facilities from
the City, who leases from the Los Alamitos Sch I District, the facilities at McGough School.
C. Scott Durzo's Total Sports Camp is n independent entity conducting business in
the City of Seal Beach. Program is responsible r securing and maintaining all insurances to
operate business pursuant to requirements of th City, State, or Federal statues.
NOW, THEREFORE, in consideration of rfonnance by the parties of the covenants
and conditions herein contained, the parties here 0 agree as follows:
1.
Fee Agreement
A. Fee. Scott Durzo's Total Spo
the City as a sub-lessee under the City's lease
lessee is responsible for all aspects of program
monthly basis by invoice from the City in the
month.
Camp agrees to pay a flat fee of $20,000 to
ith the Los Alamitos School District. Sub-
perations. The fees shall be collected on a
mount of $1,667, due by the 15th of each
B. Special One-Time Credit. Th
Camp $5,000 for agreement year 2006-2007. T
1,2006 - August 31, 2007 is $15,000, which will
$1,250.00, due by the 15th of each month.
City shall credit Scott Durzo's Total Sports
total lease due to the City from September
e paid to the City in monthly installments of
2. Term of Agreement. This Contr ct shall take effect beginning September 1,
2006 and shall be tenninated by agreement by ei er party,
3. Insurance. Scott Durzo's Total ports Camp is to maintain all insurances
related to the operations of its programs. A cop of the proof of insurance is to be submitted
to the City's Risk Management Division each ren al year.
4. No Competing Schedule. Scott urzo's Total Sports Camp will have use of
related facilities with no competing schedule of cl ses or programs.
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5. Reservation of Ad Space. The City is to reserve Ad space for Scott Durzo's
Total Sports Camp provided that Sports Ca submits an necessary documents by the
deadline date as established by the City. Th fee shan be determined by the City each
program year and shan be paid to the City by Sp rts Camp.
5. Addresses.
City: John B. Bah rski, City Manager
City of Seal each
211 8th St t
Seal Beach, CA 90740
Program:
Sco\t Durzo
Scott Durzo' Total Sports Camp
124 5th St t
Seal Beach, A 90740
IN WITNESS WHEREOF, the pa 'es have executed this Agreement as of the
date first written above.
"City"
By:
By:
WITNESSED:
By:
APPROVED AS TO FORM:
By:
Services
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Seal Beach
211 Eighth Street
Seal Beach, California 90740
Exempt from fees per Government Code ~ 27383
(space above for recorder's use)
FACILITY LICENSE
This F~ility License Agreement ("License") is made as of October 24, 2007 by and
between the City of.Seal Beach, a California municipal corporation ("City"), and Total Sports
Camp, Incorporated ("TSC"), a California Public Benefit Corporation.
RECITALS
WHEREAS, City wishes to provide public leisure and recreational facilities to promote
the wellness and fitness of the general public; and
WHEREAS City leases the gymnasium at McGaugh Elementary School, 1698 Bolsa
Avenue, Seal Beach ("McGaugh") from owner Los Alamitos Unified School District ("School
District"); and
WHEREAS, TSC is in the business of offering youth sports recreational activities and
programs; and
WHEREAS, TSC is dedicated to building self-esteem and enriching body, mind, and
spirit for persons of all ages and economic levels and addresses community needs through
wellness,leadership, and family strengthening activities; and
WHEREAS, City and TSC have mutual interests in providing recreational, wellness, and
educational opportunities for youth, and this License is intended to assist in the accomplishment
of the following goals:
1. To provide a youth fitness program to meet the recreational, fitness, safety,
therapeutic, and competitive sports needs of the Seal Beach community;
2, To ensure that children of all economic levels are provided with the opportunity
to enjoy and have access to a broad range of athletic programs and services;
3,
youth;
To provide wholesome, high-quality recreational programming for Seal Beach
4. To teach children good sportsm"nohip, a sense of fair play, and respect for fellow
athletes that is developed through participation in sports;
5. To ensure that operation of Total Sport Camp is performed in the most
responsible, cost-effective and efficient manner possible.
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NOW, THEREFORE, CITY AND TSC AGREE AS FOLLOWS:
AGREEMENT
Section 1. Grant of License
1,1 City grants to TSC a license to conduct youth sports recreational activities and
programs upon that portion of McGaugh depicted on Exhibit A. attached hereto and incorporated
by this reference (hereinafter the "Premises"). TSC's license shall be used in accordance with
the Schedule of Use indicated on Exhibit B, attached hereto and incorporated by this reference
(hereinafter the "Schedule of Use") and the terms and conditions set forth herein below, TSC
shall not use the Premises in any manner contrary to the terms of this License without City's
prior written consent.
1.2 No Leasehold. No legal title or leasehold interest in the Premises is created or
vested in TSC by the grant of this License.
Section 2. Consideration
2.1 Monthly Fee. In consideration of the license granted by City, TSC shall pay to
City a monthly fee of$I,OOO, due on or before the first day of the month.
2.2 Additional Use. TSC shall pay to City an additional $30 for each hour or fraction
thereof that it uses the Premises at times not included in the Schedule of Use .
2.3 Annual Review. City and TSC shall meet and confer annually to review the
monthly fee. Any change to the fee amount must be made by written amendment to this License,
Section 3. Term
3.1 The operating term of this License shall begin November 1, 2007 and may be
terminated by City upon giving 30 days written notice to TSC.
Section 4. Relationship of the Parties
4,1 The only relationship created by this License is of that of licensor and licensee.
Neither City nor any of its officers, employees, or agents shall have control over the means of
service or means of production ofTSC or any of its officers, agents, or employees. TSC is solely
responsible for all aspects of its programs and operations including, without limitation, its use of
the Premises. TSC shall not, at any time or in any manner, represent that it or any ofits officers,
agents, or employees are in any manner agents or employees of City.
Section S. Use of Premises
S.1 Schedule of Use, TSC shall comply with the Schedule of Use, City reserves the
right to use, sublease, or license the Premises to third parties, so long as such third party use,
sublease, or license does not conflict with TSC's scheduled use of the Premises. TSC is aware
and acknowledges that the Schedule of Use is subject to change to meet the scheduling and
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maintenance needs of the School District and agrees to indemnify and hold City harmless
for any such changes to the Scheduled Hours of Use.
5.2 Risk Management. TSC shall follow the principles of a sound risk management
program. Whenever possible, risk shall be avoided, All TSC employees shall be fingerprinted
through Lifescan, at the sole expense ofTSC.
5.3 Swimming Pool and Classrooms, lbis License does not allow TSC the use of any
portion of McGaugh not depicted in Exhibit A. TSC shall pay to City normal and customary
pool use fees for use of the pool at McGaugh. TSC may, at its own discretion, seek to rent
classroom space directly from the School District.
5.4 'Utilities and Janitorial Costs. City shall be responsible for paying costs of utilities
and janitorial services for the Premises.
5.5 No Unlawful Uses. TSC shall only be permitted to use the Premises for
recreational, wellness, and educational opportunities for youth and TSC agrees not to use the
Premises for any immoral or unlawful purpose.
5,6 Preservation of Insurance, TSC shall not commit any acts on the Premises, nor
use the Premises in any manner that will cause the cancellation of any fire, liability, or other
insurance policy insuring the Premises or the improvements on the Premises,
5.7 No Waste or Nuisance, TSC shall not commit any waste or any public or private
nuisance upon the Premises,
5.8 Legal Compliance, TSC shall not violate any law, rule, or order of any federal,
state, or municipal government or agency that may be applicable to use of the Premises,
5,9 Vacating Premises, On or before the effective date of termination of this License,
TSC shall vacate the Premises, remove all of TSC's personal property from the Premises, and
leave the Premises in good order and repair, subject to the satisfaction of City.
Section 6. Indemnity
6.1 To the fullest extent permitted by law, TSC shall indemnify, defend and hold
harmless the City, its governing board and commissions and the individuals thereof, and all its
officers, agents, employees and representatives (collectively hereinafter referred to as the "City"
in this Section 5) from and against any and all demands, debts, liens, claims, losses, dAmAges,
liability, costs, expenses (including, but not by way of limitation, fees and costs actually
incurred, whether or not litigation has commenced), judgments or obligations, action, or causes
of actions whatsoever, for or in connection to any injury, damage or loss (including, but not
limited to bodily injury, death, personal injury, property damage, violation of any applicable
Municipal, County, State, and Federal laws and regulations, Court Rules or ordinAnces, or any
other type of loss) sustained or claimed to have been sustained by any person or persons, or
corporation, or public or private entity arising out of the performance or nonperformance of
services; operations, duties, and other obligations of the TSC, its officers, agents, employees,
representatives, and subcontractors under this License. The provisions of this indemnification
clause shall not be limited to the availability or ability to collect insurance coverage, and shall
survive the termination of this agreement.
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Section 7. Insurance
7.1 TSC, at its own expense, shall obtain and maintain in effect at all times during the
term of this License, all insurance coverage related to every aspect of its programs. TSC is
responsible for securing and maintaining all insurance coverage to operate the sports camp
pursuant to requirements of City, State, or Federal statutes. TSC shall provide proof of general
liability, workers compensation, vehicle, and other insurance to City before the commencement
of the operating term and again prior to each anniversary of the commencement of the operating
term. TSC shall obtain and maintain general liability insurance of $2,000,000, City shall be
named as additional insured,
Section 8. Notices
8.1 All notices and demands that may be required or permitted by this License must
be made in writing, All notices and demands must be sent by national overnight delivery service
(e.g., Federal Express) or certified U,S, mail, return receipt requested, to the addresses specified
below, or to any other place that the respective party may from time to time designate in a notice
to the other.
City: City Manager City of Seal Beach
211 8th Street
Seal Beach, CA 90740
TSC:
Scott Durzo
Total Sports Camp, Inc.
P.O. Box 871
Seal Beach, CA 90740
Section 9. Assignment Prohibited
9.1 This License is personal to TSC and shall not be assigned. Any attempt by TSC
to assign this License shall result in its automatic termination.
Section 10. Miscellaneous
10.1 Entire Agreement. This License, dated October 24, 2007 contains the entire
agreement between the parties hereto with respect to the subject matter hereof, and any other
purported agreement made shall be ineffective to change, modify, discharge or effect an
abandonment of this License in whole or in part unless such purported agreement is in writing
and signed by the party against whom enforcement is sought.
10.2 Applicable Law. This License shall be governed and interpreted in accordance
with the laws of the State ofCalifomia.
10.3 No Brokers. Each party represents to the other that it has not engaged or used the
services of any broker, finder, or salesperson in connection with this License.
lOA Counterparts. This License may be executed in multiple counterparts each of
which siiaIl be deemed an original for all purposes.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
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WITNESSED:
By:
Linda Devine, City Clerk
APPROVED AS TO FORM:
BY:
Quinn M, Barrow, City Attorney
CITY OF SEAL BEACH
By:
David N. Carmany, City Manager
By:
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E:ddbit A
Depiction of Premises
Gymnasium at McGaugh Elementary School located at 1698 Bolsa Avenue, Seal Beach, CA
90740 is owned by the Los Alamitos Unified School District and is currently leased to the City
of Seal Beach on a month to month tenancy,
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Exhibit B
Schedule or Use
Operating Hours for 2008 is as follows:
March 24-28, 2008 (10:00 a.m. to 3:00 p,m.)
June 23-August 29, 2008 (Monday thru Friday, 9:00 a.m. to 3:00 p,m.)
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RESOLurIONNUMBER
A RESOLurION OF THE CITY COUNCn. OF THE CITY OF
SEAL BEACH APPROVING AGREEMENT BETWEEN THE CITY
OF SEAL BEACH AND TOTAL SPORTS CAMP TO SUBLEASE
THE LOS ALAMITOS UNIFIED SCHOOL DISTRICT MCGAUGH
GYMNASIUM
The City Council of the City of Seal Beach hereby resolves as follow.:
SECTION 1. The City Council hereby approve. an agreement b.tween City of Seal
Beach and Total Sports Camp to .ubleas. McGaugh Gymnasium owned by the Lo.
Alamito. School Di.trict
'.
SECTION 2. The Council hereby directs the City Manager to execute Agreement with
Total Sports Camp.
PASSED, APPROVED AND ADOPTED BY THE City Council of Seal Beach, at a
m..ting hereof h.1d on the 22nd day of October , 2007 by the following vote:
AYES: COUNCn.MEMBERS
NOES: COUNCll.MEMBERS
ABSENT: COUNCn.MEMBERS
ABSTAIN: COUNCn.MEMBERS
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Mayor
ATTEST:
City Clerk
STATEOFCALlFORNlA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
1, Linda Devine, City Clerk for the City of Seal Beach, California, do hereby certify that
the foregoing resolution. i. the original copy .of Resolution Number_ on file in the
office of the City Clerk, pa...d, approved and adopted by the City Council of the City of
Seal Beach at a regular meeting hereof held on the 22nd day of October. 2007.
City Clerk
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