HomeMy WebLinkAboutUkiah Youth Baseball League Inc 2016-05-18LEASE AGREEMENT
This Lease, made this 1 el -day of A4 ,2016, by and between the City
of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as
Lessor" and the Ukiah y\Youth Baseball League, Inc., a corporation organized and existing under
and in compliance with the laws of the State of California and its officers, hereinafter referred to
as "Lessee."
RECITALS:
1. Lessor has the authority contained in Government Code §§37380 and 37395 and
does determine that the use of certain property owned by the Lessor is not required for its use at
this time and is available for Lease, and
2. The use of said property by the Lessee would be and is beneficial for the citizens of
the City ofUkiah.
LEASE AGREEMENT
1. LEASE.
The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor
does hereby let to Lessee and Lessee does hereby hire from Lessor a portion of that certain
parcel of property commonly referred to as "Riverside Park", located on City property to the
Southeast ofEast Gobbi Street, County of Mendocino and West of the Russian River, more
specifically described on the attached "Exhibit A".
2. TERM.
The term of this Lease is for aperiod of five (5) years commencing onthe date set forth
above, with the option for four, one year, renewals.
3. RENT.
As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of One
Dollar ($1.00) per year and identify Lessor as a sponsor of Lessee's program in consideration
hereofforthe use of said property.
3.1. Lessee specifically represents that it does not intend to make a profit on the
use of the leased premises. All income derived from use of the leased premises shall be used
exclusively to sponsor or promote Little League Baseball on the leased premises or for
improvements to the leased premises.
3.2 Lessee shall maintain regular books of account which it shall make
available to Lessor upon demand forinspection or audit.
3.3 Lessee agrees to provide signage in a location of visibility on the leased
premises which identifies Lessor as a sponsor of the Ukiah Youth Baseball League Inc.,
Program.
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COU No. 1516-205
4. USE AND IMPROVEMENTS.
Lessee hereby agrees to install all permanent improvements which shall become part of said
property and title to said improvements shall be vested in the Lessor upon termination of this Lease
except as set forth herein.
4.1. Lessee shall use the leased premises exclusively as a Little League Baseball field
under the Lessee's sponsorship and supervision.
4.2. Improvements, excavations, removal of any trees, brush, grass or improvements
and other modifications to the property shall be the sole responsibility of Lessee and shall be
approved by Lessor prior to conducting work.
4.3. Prior to beginning baseball activities on the premises, Lessee shall install and
maintain sound reduction materials to the backstop at the approval of Lessor and provide for at least
one port -o -let sanitary station to be placed on the premises during baseball season.
4.4. Lessee agrees to keep the premises and all improvements in good repair and
order and to bear the full cost for maintenance of all improvements.
4.5. Lessee shall acquire the necessary and required permits from the appropriate
regulating body for any development proposed under this lease.
4.6. Lessee is responsible for the relocation, alteration, removal, construction,
reconstruction or repair of any municipal or private facilities, structures or utilities existing on leased
premises which are presently in use or abandoned.
4.7. Lessee shall insure that no alcoholic beverages are possessed or consumed on the
leased premises at any time. Lessee shall not use or permit the leased premises to be used except in
full compliance with all rules, regulations, laws or ordinances of the City of Ukiah and the State of
California.
4.8. Lessee shall bear sole responsibility for the cost of all utilities and any
possessory interest tax which may result due to Lessee's occupancy of the property.
4.9. Lessee agrees to allow use and access to the leased premises during the
lessee's non-use times to Lessor for the purpose of Lessor's recreation programs. Lessee shall not
permit use ofthe property for any reason after the hour of 10:00 p.m. Lessee shall not permit vehicles
to park on the premises between the hours of 10:00 p.m. and 8:00 a.m., and shall properly post the
premises in accordance with Vehicle Code requirements.
5. ASSIGNMENT.
Lessee will not assign this Lease or any interest therein and will not let or underlet the said
premises or any part thereof without the prior written consent of the Lessor.
6. INDEMNIFICATION AND INSURANCE.
6.1. Lessor shall not be liable for and is free from the cost of any damages for
personal injury or property damage resulting from the use made by Lessee of the demised premises,
any defective condition or faulty construction ofthe demised premises existing at the time of letting
or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and
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its officers, agents and employees from and against any and all liability, loss, cost, or other
obligation, including reasonable attorney's fee, on account of or arising out of any such injuries or
losses however occurring.
6.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense
to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks),
attached hereto and incorporated herein by reference.
6.3 Notwithstanding the provisions of Exhibit B requiring Lessee to procure
workmen's compensation insurance, Lessee need not procure such insurance provided all ofthe
following conditions aremet:
a. It maintains its status as a non-profit tax exempt organization;
b. It's Board of Directors takes no action to designate any person providing
services or work to the organization as its employee; and
c. All persons performing services for the organization do so strictly as
volunteers without receiving any compensation whatsoever.
Lessee shall immediately notify Lessor if it fails to meet all of the conditions of this
paragraph 6.3 and shall immediately thereafter complywith the workmen's compensation provisions
of Exhibit B.
7. TERMINATION.
7.1. This Lease or any renewal thereof, may be canceled for any reason by either
party on sixty (60) days written notice to the other party.
7.2. Lessor can cancel this Lease immediately for any breach of this lease by Lessee,
including, but not limited to, failure to provide insurance, without any prior notice to Lessee.
8. ATTORNEY'S FEES.
Lessee shall pay Lessor its reasonable costs and attorney's fees if Lessor prevails in any legal
action to enforce any of the terms of this Lease.
9. TIME OF ESSENCE.
Time is of the essence of this agreement.
10. WAIVER.
City's waiver of any default in Lessee's performance of any condition of this Lease, including
the obligation to pay rent, shall not constitute awaiver of remedies available for a subsequent breach
of the same or a different condition of this Lease. Acceptance of subsequent rental payments from
Lessee or its assignees shall not constitute a waiver ofthe failure of Lessee to pay rent or obtain prior
approval to an assignment of this Lease.
11. NOTICES.
The person authorized to give and receive notices and information on behalf of each party
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and the address and fax number for that person is set forth below. A decision communicated by
the authorized representative of each party shall constitute the decision of the party, unless the
other party has received prior notice, as provided herein, that the authorized representative's
decision is not the decision of the party. Whenever notice or other communication is permitted
or required by this Agreement, it shall be deemed given when personally delivered or when
received, if delivered by overnight courierm email or fax the service of which has been
acknowledged, or 48 hours after it is deposited in the United States Mail with proper first class
postage affixed thereto and addressed as follows:
TO LESSEE:
Ukiah Youth Baseball League, Inc.
P.O. Box 693
2235 Adreveno Way
Redwood Valley, CA 95470
Email:
Fax:
TO CITY:
City of Ukiah
Attention: City Manager
300 Seminary Avenue
Ukiah, CA 95482
Email:
Fax:
12. PARAGRAPH HEADINGS.
Paragraph headings are included for the convenience of the parties and are not intended
to define or limit the scope of this Lease.
13. PREVIOUS AGREEMENTS.
Any and all existing statement or agreements, whether oral or written, or renewals
thereof, between the parties hereto, covering the same subject matter, are hereby canceled and
superseded by the terms of this Lease, and such prior agreements, statements or
understandings shall have no further force or effect.
14. DUPLICATE ORIGINALS.
This Lease may be executed in one or more duplicate originals bearing the original
signature of both parties and when so executed any such duplicate original shall be admissible
as proof ofthe existence and terms of this Lease.
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Entered on the date first written above.
CITY OF UKIAH
By.
Sag: Sangiaco i :, City Manager
ATTEST:
57h44,1
CI Y CLERK
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UKIAH BASEBALL LEAGUE, INC.
By: - I
Its: VV,
June 1(, 1978
Lease Agreement - South Ukiah Little League Description
EXHHIBIT "A"
Being a portion of that tract of land, Dillingham to the Town
of Ukiah City, as recorded September 10, 1896 in Deeds of Mendocino
County, State of California, in Book 69, Page 390, said portion_.
being more particularly described as follows:
Beginning at a 8oint on the Westerly line of said tract, said
point being S 9 E 40.00 feet from the Northwesterly corner of
said tract; thence along the Westerly line of said tract, S 9° E
549 feet more or less to a point which is 75.00 feet NortherlyfromtheSoutherlylineofsaidtract, measured at right angles
to said Southerly line; thence parallel to and 75.00 feet ortherly
of said Southerly line, N 81° 15' E 550.00 feet; thence N 9 47
549 feet more or less to.a point which is 40.00 feet Southerly
from the Northerly line of said tract, measured at right angles
to said Northerly line; thence parallel to and 40.00 feet
Southerly of said Northerly line, S 81° 15' W 550.00 feet to the
point of beginning and containing 6.93.acres, more or less.
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EXHIBIT "B"
INSURANCE REQUIREMENTS FO
NO AUTO RISKS)
R LESSEES
Lessee shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the lessee.
I. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 ).
B. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with
employees).
C. Property insurance against all risks of loss to any tenant improvements or betterments.
II. Minimum Limits of Insurance
Lessee shall maintain limits no less than:
A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. Insurance must be written
on an occurrence basis.
B. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
C. Property Insurance: Full replacement cost with no coinsurance penalty provision.
III. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the insurer to reduce or eliminate
such deductibles or self-insured retentions with respect to the City, its officers, officials, employees and volunteers; or the Lessee to provide a
financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or
to approve the deductible without a guarantee.
Iv. REQUIRED INSURANCE PROVISIONS
Proof of General Liability policy is to contain, or be endorsed to contain, the following provisions:
A. The City, its officers, officials, employees and volunteers are to be covered as ADDITIONAL INSURED with respect to liability
arising out of ownership, maintenance or use of that part of the premises leased to the lessee.
B. The Workers' Compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its
endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid
under the terms of this policy which arises from the work performed by the named insured.
C. The lessee's insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess
of the Lessee's insurance and shall not contribute with it.
D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party,
except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given the City.
V. Rating — Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. Best's rating of no less than A- for financial strength, AA for long-term
credit rating and AMB -1 for short-term credit rating.
VII. Verification of Coverage
Lessee shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements
should be on forms provided by the City. If endorsements are on forms other than the City's forms, endorsements must provide coverage that is
equivalent to or better than the forms requested by the City. All certificates and endorsements are to be received and approved by the City before
work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications at any time.
If you have questions regarding our insurance requirements contact: Risk Manager
707)-463-6287 Fax (707) 463-6204
Revised: 11120108
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