HomeMy WebLinkAboutUkiah Youth Baseball League Inc 2022-10-19Page 1 of 4
COU No. 2122-085
LEASE AGREEMENT
This Lease, made this __________ day of ________________, 2022, by and between the City of
Ukiah, California, acting by and through its City Council (hereinafter referred to as “Lessor “) and
the Ukiah 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 pursuant to 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 of Ukiah.
1. LEASE.
LEASE AGREEMENT
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 of
East Gobbi Street, County of Mendocino and west of the Russian River, more specifically described
on the attached “Exhibit A”. The leased area includes the ball fields, surrounding areas and parking
lots highlighted in yellow. Lessor retains the right to use any or all of the leased area when not in use
by the Lessee
2. TERM.
The term of this Lease is for a period of five (5) years commencing on the date set forth
above, with the option for a single, five-year renewal.
3. RENT.
As rent for the term hereby specified, 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 hereof for
the 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 for inspection 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 Program.
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.
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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 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 Lessees 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 of the 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.
4.10. Lessee shall be responsible for maintaining and insuring the parking areas.
4.11. Lessor shall have the right to use all facilities when not in use by Lessee.
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 of the demised premises existing at the time of letting
or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor
and 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 of the
following conditions are met:
a. It maintains its status as a non-profit, tax-exempt organization;
b. Its Board of Directors takes no action to designate any person providing
services or work to the organization as its employee; and
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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 comply with 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 a waiver 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 of the failure of Lessee to pay rent or obtain
prior approval to an assignment of this Lease.
11. NOTICES.
Any written notice required hereby shall be deemed sufficient when placed in the United
States mail, postage prepaid and addressed as follows:
TO LESSEE: TO CITY:
Ukiah Youth Baseball League, Inc. City Manager
Ukiah Civic Center
300 Seminary Avenue
Ukiah, CA 95482
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.
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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 of the
existence and terms of this Lease.
Entered on the date first written above.
CITY OF UKIAH
By:________________________
Sage Sangiacomo
It's City Manager
ATTEST:
Kristine Lawler, City Clerk
UKIAH BASEBALL LEAGUE, INC.
By:________________________
Its
Kristine Lawler (Oct 19, 2022 15:41 PDT)
Kristine Lawler
INSURANCE REQUIREMENTS FOR LESSEES
(NO AUTO RISKS)
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: 11/20/08
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