HomeMy WebLinkAboutCC AG PKT 2003-09-22 #S M E M O R A N D U M
September 22, 2003
TO: Honorable Mayor and City Council
FROM: Quinn Barrow, City Attorney
RE: Amendment of AYSO Arbor Park
Field Use and Maintenance
Agreement
After the City Council approved an agreement for the use of
Arbor Park by the American Youth Soccer Organization,
Region 159 (the "AYSO "), Counsel for the AYSO contacted
City staff and informed them that AYSO Guidelines prevented
the organization from agreeing to one paragraph in the
contract. The paragraph in question is number 17, which
provides for attorney's fees to the prevailing party in the
event of litigation:
"In the event that City or AYSO159 commences any
legal action or proceeding to enforce or interpret
the provisions of this Agreement, the prevailing
party shall be entitled to recover its costs of
suit, including reasonable attorney's fees."
Although this is a standard provision of City contracts,
the potential risk to the City from omission of this
paragraph in this context is considered slight. It is
unlikely that the City will need to resort to litigation to
enforce the terms of the agreement. Accordingly, a new
version of the agreement has been prepared which omits this
paragraph and is otherwise identical to the previously
approved agreement.
Quinn M. Barrow, City Attorney
City of Seal Beach
Attach.
Item S