HomeMy WebLinkAboutCC AG PKT 2008-10-13 #HAGENDA STAFF REPORT
DATE: October 13, 2008
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Patrick Importuna, Interim Assistant City Manager
Prepared by: Tim Kelsey, Acting Recreation Coordinator
SUBJECT: AMENDMENT OF TOTAL SPORTS CAMP FACILITY
LICENSE AGREEMENT
SUMMARY OF REQUEST:
To create a one time adjustment in monthly fees due to a decrease in hours used
for the period of April 2008 through March 2009.
BACKGROUND:
On October 24, 2007 the City of Seal Beach entered into a Facility License
Agreement with Total Sports Camp (TSC) for use of the gymnasium at McGaugh
Elementary School. The McGaugh gym is leased by the City from the Los
Alamitos Unified School District. The purpose of creating such an agreement
being that the City and TSC have a mutual interest in providing recreational,
wellness, and educational opportunities for youths. Fees for use of the facility
were set based on 400 hours of annual use at $30 per hour totaling $12,000 per
year. In consideration of the license granted by the City, TSC shall pay to the
City a monthly fee of $1,000.
Due to construction on the McGaugh campus by the school district TSC only
used 250 hours of gym time. Based on the hourly charge of $30 per hour the
annual cost~for use of gym is $7,500. TSC would owe the city a monthly
payment of $625 for the period of April 2008 through March 2009. Adjusting the
facility license agreement with TSC is in the best interest of the city because both
parties have an interest in providing wholesome, high-quality recreational
programming for Seal Beach youth.
The adjustment of fees would be in effect for the calendar year of April 2008
through March 2009. This is a one time adjustment and does not affect any
other aspects of the facility license agreement.
Agenda Item H
Page 2
FINANCIAL IMPACT:
Total Sports Camp shall pay to the City $625 per month or $7,500 annually for
the use of the gymnasium for 250 hours during the months of April 2008 through
March 2009.
RECOMMENDATION:
Staff recommends the City Council adopt Resolution No. 5789 approving the first
amendment of the facility license agreement with Total Sports Camp with the
purpose of one time only adjustment in fees due to a decrease in hours of usage
due to the construction by the school district on the McGaugh campus.
SUBMITTED BY:
C~~
atrick Importuna,~
Interim Assistant City Manager
Attachments:
NOTED AND APPROVED:
~~
David Carmany, ity Manager
A. Resolution No. 5789
B. First amendment of facility license agreement
C. Facility license agreement with Total Sports Camp
RESOLUTION NUMBER 5789
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING AMENDMENT TO LICENSE BETWEEN
THE CITY OF SEAL BEACH AND TOTAL SPORTS CAMP
THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY RESOLVES AS
FOLLOWS:
SECTION 1. The City Council hereby approves the First Amendment to
facilities license between City of Seal Beach and Total Sports
Camp to sublease McGaugh Gymnasium owned by the Los
Alamitos School District.
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
meeting hereof held on the 13th day of October , 2008 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5789 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 13th day
of October , 2008.
City Clerk
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)
FIRST AMENDMENT TO FACILITIES LICENSE AGREEMENT
THIS FIRST AMENDMENT TO FACII.ITY LICENSE AGREEMENT ("Amendment")
is made and entered into as of this 13 day of October, 2008 ("Effective Date"), by and between
the City of Seal Beach, a California municipal corporation ("City"), and Total Sports Camp,
Incorporated ("TSC"), a California Public Benefit Corporation; collectively the "Parties".
RECITALS
1. City and TSC are parties to a Facilities License Agreement, dated October 24,
2007 ("License"), whereby the City licenses to TSC use of the gymnasium at McGaugh
Elementary School, 1698 Bolsa Avenue, Seal Beach on the terms and conditions stated in the
License.
2. City and TSC desire to amend the License on the terms and conditions herein.
NOW THEREFORE, CITY AND TSC AGREE AS FOLLOWS:
AMENDMENT
Section 1
Section 2.1, of the License is hereby amended to read as follows:
" 2.1 Monthly Fee. In consideration of the license granted by City, TSC shall pay to
City a monthly fee, due on or before the first day of the month. For the period starting
November 1, 2007 and ending March 31, 2008, the monthly fee shall be $1,000. For the period
beginning April 1, 2008 and ending March 31, 2009, the monthly fee shall be $625. For the
period beginning April 1, 2009 and until termination of this License, the monthly fee shall be
$1,000."
Section 2
Except for the amendments expressly made herein, the Amended Development
Agreement remains unmodified and in full force and effect.
loft
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Date.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective
CITY OF SEAL BEACH
By:
David N. Carmany, City Manager
TOTAL SPOTS CAMP
By:
Scott Durzo, Program Director
WITNESSED:
By:
Linda Devine, City Clerk
APPROVED AS TO FORM:
By:
Quinn M. Barrow, City Attorney
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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 Facility 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 aze provided with the opportunity
to enjoy and have access to a broad range of athletic programs and services;
3. To provide wholesome, high-quality recreational programming for Seal Beach
youth;
4. To teach children good sportsmanship, 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 $1,000, 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 of TSC 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 of its officers,
agents, or employees are in any manner agents or employees of City.
Section 5. Use of Premises
5.1 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 of TSC.
5.3 Swimming Pool and Classrooms. This 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 boazd 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 temlination.
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 of California.
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.
10.4 Counterparts. This License may be executed in multiple counterparts each of
which shall 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.
CITY OF SEAL BEACH
~~
By:
David N. Caren y, City Manager
TOTAL SPORTS CAMP
By:
Scott Durzo, Program D ctor
WITNESSED:
r
By:
Linda Devine, City Clerk
APPROVED AS TO FOR
BY:
inn M. Barrow, City Attorney
S
Exhibit 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.
S7296-000 lU 003332v5.doc 6
U
Exhibit B
Schedule of 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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