CONTRACT 4815 License AgreementAgreement No. 4815
LICENSE AGREEMENT
CITY OF • AND
EL DO BABE RUTH BASEBALL
THIS LICENSE is made and executed this 18th day of February, 2015, between the CITY
OF EL SEGUNDO, a municipal corporation ( "CITY "), and EL SEGUNDO BABE RUTH
BASEBALL LEAGUE, a California non - profit corporation ( "LICENSEE ").
1. LICENSE; DESCRIPTION OF PROPERTY. CITY licenses LICENSEE to use, on the
terms and conditions in this License, real property located at Stevenson Field located at 401
Sheldon ( "Property "). CITY's action is not, and should not be construed to be, a conveyance of a
property interest or a lease; it is a license to use property only.
2. USE OF PROPERTY.
A. LICENSEE may temporarily use the Property for the purpose of operating youth
sports programs.
B. CITY may change, amend, or terminate LICENSEE's use of Property at any time,
and in its sole discretion, verbally or in writing. The CITY may offer other
athletic fields to be utilized if mutually agreed upon by both parties.
3. TERM. Except as provided in Section 4, the term of this license will begin on March 01,
2015 and end on March 01, 2018. Upon mutual written agreement between the parties, this
License may be renewed for additional time.
4. TERMINATION.
A. As stated above, CITY may terminate this License at any time with or without
cause, upon written or verbal notification. Termination will be effective upon
notification, unless CITY specifies otherwise.
B. LICENSEE may terminate this License at any time in writing at least five (5) days
before the effective termination date.
C. By executing this document, LICENSEE waives any and all claims for damages
that might otherwise arise from CITY's termination under this Section.
D. Upon termination, LICENSEE will remove all personal property and
improvements from Property within two (2) days. Property will be left in a clean
and orderly fashion.
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Agreement No. 4815
5. COMPENSATION. In exchange for the use of the facilities at Property, LICENSEE agrees
to pay CITY in an amount set forth in the attached Exhibit "B," which is incorporated by
reference for the term of this License.
6. CONDEMNATION. If all or part of Property is acquired by eminent domain or purchase in
lieu thereof, LICENSEE acknowledges that it will have no claim to any compensation awarded
for the taking of Property or any portion thereof or for loss of or damage to LICENSEE's
improvements.
8. ALTERATIONS, LICENSEE will not make, or cause to be made, any alterations to
Property, or any part thereof, without CITY's prior written consent.
10. SIGNS. LICENSEE will not place any sign upon Property without CITY's prior written
consent. LICENSEE will pay for all costs of any approved signage and comply with all
applicable sign codes and ordinances.
11. ASSIGNMENT. LICENSEE will not be permitted to assign this License or any interest
therein.
12 ®I FCATI
A. LICENSEE will hold CITY harmless and free from any and all liability
arising out of this License, or its performance, except for such loss or dama
arising from CITY's sole negligence or willful misconduct. Should CITY b
named in any suit, or should any claim be against it, by suit or otherwise,
whether the same be groundless or not, arising out of this License, or its I
1��
Agreement No. 4815
performance, pursuant to this License, LICENSEE will defend CITY (at
CITY's request and with counsel satisfactory to CITY) and will indemnify it
for any judgment rendered against it or any sums paid out in settlement or
otherwise.
B. For purposes of this section -crry- includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. LICENSEE expressly agrees that this release, waiver, and indemnity agreement is
intended to be as broad and inclusive as is permitted by the law of the State of
California and that if any portion is held invalid, it is agreed that the balance will,
notwithstanding, continue in full legal force and effect.
D� It is expressly understood and agreed that the foregoing provisions will survive
termination of this License.
13. INSURANCE.
A. Before commencing performance under this License, and at all other times this
License is effective, LICENSEE will procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth
below:
Commercial general liability:
Business automobile liability
Workers compensation
$2,000,000
$1,000,000
Statutory limits
Agreement No. 4815
nonpayment of premiums which may be cancelable upon ten (10) day notice.
D. Should LICENSEE, for any reason, fail to obtain and maintain the insurance
required by this License, CITY may obtain such coverage at LICENSEE's
expense and charge the cost of such insurance to LICENSEE under this License
or terminate pursuant to Section 4.
15. BREACH OF AGREEMENT. The violation of any of the provisions of this License will
constitute a breach of this License by LICENSEE, and in such event said License will
automatically cease and terminate.
16. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this
License will not constitute a waiver of any further breach of the same or other to of this
License.
17. ENTRY BY CITY AND PUBLIC. This License does not convey any property interest to
LICENSEE. Except for areas restricted because of safety concerns, CITY and the general public
will have unrestricted access upon Property for all lawful acts.
18. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all
or substantially all of the assets of LICENSEE, or a general assignment by the LICENSEE for
the benefit of creditors, or any action taken or offered by LICENSEE under any insolvency or
bankruptcy action, will constitute a breach of this License by LICENSEE, and in such event said
License will automatically cease and terminate.
Agreement No. 4815
EL SEGUNDO BABE RUTH BASEBALL LEAGUE
pDX 2:-D
Department of Recreation & Parks
Attn. Jesse.Bobbett
350 Main Street
El Segundo, CA 90245
Either party may change its address for the purpose of this Section by giving written
notice of the change to the other party.
20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements
ancillary to this License and related documents to be entered into in connection with this License
will be considered signed when the signature of a party is delivered by facsimile transmission.
Such facsimile signature will be treated in all respects as having the same effect as an original
signature.
21. GOVERNING LAW. This License has been made in and will be construed in accordance
with the laws of the State of Califomia and exclusive venue for any action involving this License
will be in Los Angeles County.
22. PARTIAL INVALIDITY. Should any provision orthis License be held by a court of
competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this
License will remain in effect, unimpaired by the holding.
23, ENTIRE AGREEMENT. This instrument and its Attachments constitute the sole
agreement between CITY and LICENSEE respecting Property, the use of Property by
LICENSEE, and the specified License term, and correctly sets forth the obligations of CITY and
LICENSEE. Any agreement or representations respecting Property or its licensing by CI r ry to
LICENSEE not expressly set forth in this instrument are void.
24. CONSTRUCTION. The language of each part of this License will be construed simply and
according to its fair meaning, and this License will never be construed either for or against either
party.
Agreement No. 4815
25. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this License and to
engage in the actions described herein. This License may be modified by written agreement.
CITY's city manager, or designee, may execute any such amendment on behalf of CITY.
26. COUNTERPARTS. This License may be executed in any number or counterparts, each of
which will be an original, but all of which together will constitute one instrument executed on
the same date.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY tV 0, SEVUND0
Greg ( "c Itel",
City 8 gel.
ATTEST:
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(""its � "lcrk d
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By:
._ Deputy e .__..........__..
David H. Kin..........
g, City Attorney
,A 6
Taxpayer ID No,. 0
Page 6 of 8
Agreement No. 4815
Exhibit A
Scope of'Services
LICENSEE agrees to provide the fifflowing services:
1. Certified and/or trained staff to operate youth and adult sports pro ;mares.
CITY agrees that L.JCENSEE may utifi ze the approved fields and facilities based on the City's
.Athletic Field/Facility Use and Allocation Policy.
Page 7 of 8
waffmw
Fee Schedule
Per.Player Fee
Agreement No. 4815
lb. Pay the per player fee for Resident tearns that. utilize City flelds and iri addition pay
these per hour rates:
El Segundo Team vs. Non-Resident Team pay 112. ES Non.-Profit Field Rate 1,:)er hour
Non-Resident Team vs. Non Resident Team pay full ES Non.-Profit Field Rate per
hour
Page 8 or 8
Sandoval, Lili
From:
Ramos, Vina
Sent:
Wednesday, April 15, 2015 8:59 PM
To:
Sandoval, Lili
Cc:
Shilling, Mona; Green, Shawn; Bobbett, Jesse
Subject:
Fwd: Youth Sports Organization
Hi Lili,
Below is the email confirmation regarding Babe Ruth's term for License Agreement.
Vina
Sent from my iPhone
Begin forwarded message:
From: Bob Motta <rmotta socal.rr.com>
Date: April 15, 2015 at 7:37:36 PM PDT
To: "Green, Shawn" <SGreen @elsegundo.or>
Cc: "Ramos, Vina" <vramos(@elseEundo.c >
Subject: Re: Youth Sports Organization
Shawn & Vina,
The new contract dates as listed below (3/1/15 through 3/1/18) are acceptable to El Segundo Babe Ruth.
Thanks
Bob Motta
President
El Segundo Babe Ruth
From: Green, Shawn
Sent: Wednesday, April 15, 2015 2:28 PM
To: rm t . rr r
Cc: Ramos, Vina
Subject: RE: Youth Sports Organization
Please take a look at the e-mail below as we discussed on the phone and let Vina and I know that this
will work for El Segundo Babe Ruth. Please let us know if there are any questions. Thanks Bob.
From: Ramos, Vina
Sent: Wednesday, April 15, 2015 1:45 PM
To: Green, Shawn
Subject: FW: Youth Sports Organization
Hi Shawn,
Unfortunately, I made an error on the contract dates for the Youth Sports Organization. Since the
License Agreement has been released to Babe Ruth Baseball League, we need an email confirmation
from Mr. Motta that the dates are acceptable — 3/1/15 through 3/1/18. The original dates I had in the
contract was 2/17/15 through 9/30/18, which is over the 3 years that the City Council approved.
These dates are the same for all Youth Sports Organizations.
Sorry for the inconvenience.
Vina Ramos
Sr. Administrative Analyst
Recreation and Parks Department
310 - 524 -2882
From: Sandoval, Lili
Sent: Thursday, April 09, 2015 1:15 PM
To: Ramos, Vina
Subject: RE: Youth Sports Organization
Vina,
For Agreement No. 4815, El Segundo Babe Ruth Baseball League, will you be contacting the vender to let
them know of the term that needs to be changed? If so, could you please provide us with an email that
the vender accepts the change?
Thank you.
IC''IIleooe INote: City itolllli is 6lllosed on IlFOd: yo.
From: Ramos, Vina
Sent: Wednesday, April 08, 2015 2:51 PM
To: Shilling, Mona; King, David
Cc: Sandoval, Lili; Petit, Meredith
Subject: RE: Youth Sports Organization
Mona,
Attached are the updated dates on page 1 of the contracts.
Thank you,
Vina Ramos
Sr. Administrative Analyst
Recreation and Parks Department
310 - 524 -2882