HomeMy WebLinkAbout04/29/1991 B A K E R S F I E L D
Conni Brunni, Chair
Lynn Edwards
Mark Salvaggio
Staff: Lee Andersen
AGENDA
CONVENTION CENTER AND COMMUNITY SERVICES
COMMITTEE
Monday, April 29, 1991
4:30 p.m.
City Manager's Conference Room
1. Proposed Ordinance - Sound From Vehicles Adjacent to Parks - (Repeal)
2. Proposed Ordinance - Convention Center Committee-Creation - (Correct)
3. Continental Basketball Association Franchise
TO: Vice Mayor Ken Peterson
FROM: Lawrence M. Lunardini, City Attorney
SUBJECT: VICE MA¥ORR~F~. OF PROPOSED ORDINANCE
Please refer the following proposed repeal of an ordinance to
whichever committee you deem appropriate:
1) SOUND FROM VEHICLES ADJACENT TO PARKS.
~./~.,t,~~ Background:
/// !. The repeal of this ordinance is required because
the subject matter is covered in Section 9.24.080
of the Municipal Code, and Section 27007 of the
California Vehicle Code. The Vehicle Code preempts
i local regulation in the same areas.
LML/meg
ORD-REFERRAL\
REPEAL.MEM
Attachment
cc: J. Dale Hawley, City Manager
R. A. Patterson, Police Chief
DRAFT
ORDINANCE NO.
AN ORDINANCE REPEALIN~ SUBSECTION L.
OF SECTION 12.56.~50 OF THE
BAKERSFIELD MtJNICIPAL CODE RELATING
TO SOUND FRO~ VEHI~ ADJACENT TO'
PARKS.
BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Subsection L. of Section 12.56.050 of the Bakersfield
Municipal Code is hereby repealed.
SECTION 2.
This Ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
o0o
I ~R~RRy CERTIFY.that the foregoing Ordinance was
passed and adopted by the'Council of the City of Bakersfield at a
regular meeting thereof held on , by the
following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City 'of Bakersfield
APPROVED
CLARENCE E. ~DERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of .the City of Bakersfield
LCM/meg
VEH-RPL.O-4
4/9/91
- 2 -
TO: Vice Mayor Ken Peterson
FROM: Lawrence M. Lunardini, City Attorney ~4~
SUBJECT: VICE MAYOR P. EFE~/U~L OF PROPOSED-ORDINANCE
Please refer the following proposed ordinance to whichever
committee you deem. appropriate:
1) CONVENTION CENTER COMMITTEE - CREATION.
/-~'""~ Background:
~./~ ) This ordinance corrects an inadvertent change in the
,~,,, appointment procedure for the Convention Center
Committee which occurred when Chapter 2.52 was amended
last year. Prior to that amendment, Section 2.52.020
required that committee members be nominated by a
councilmember in whose ward they reside, and serve for
4 years. This amendment reinstates those requirements.
LML/LCM/meg
ORD-REFERRAL\
CONV-COM.MEM
Attachment
cc: J. Dale Hawley
Lee Andersen
I HE~RRY CERTIFY that the foregoing Ordinance was
passed and adopted by the-Council of the City of Bakersfield at a
regular meeting thereof held on , by the
following vote:
CI~Z CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E. MR.~DERS
MAYOR of the City of Bakersfield
APPROVED as to form:
ROBERT M. SFWRFY
CITY ATTORNEY of the City of Bakersfield
LCM/meg
CONVEN~COM.ORD
12/18/90
- 2 -
ORDINANCE NO ~
AN ORDINANCE OF THE COUNCIL OF THE CITY OF'
BAKERSFIELD AMENDING SUBSECTION A. OF SECTION
2.52.020 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO THE CONVENTION CENTER COMMITTEE -
CREATION.
BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Subsection A. of Section 2.52.020 of the Bakersfield
Municipal.Code is hereby amended as follows:
2.52.020 Convention center committee - Creation - Duties.
A. Creation. There is created a convention center
committee consisting of seven members, each of whom Shall be
nominated by a councilmember for his/her respective ward, who
shall be a resident of that ward, and shall be appointed by the
city council. The term of office shall be four years, except
that the current terms of the members now serving may be for a
greater"or lesser time in order to provide for staggered terms.
SECTION 2.
This Ordinance shall be posted in accordance with
the City Charter provisions and shall become effective thirty
(30) days from and after the date of its passage.
-o0o--
2.52.020~2.52.050
facility thereof, located between Tmxtun Avenue limitations and restrictions contained in this
and'Fifteenth Street and between N and P Streets chapter and in resolutions of the council setting
in the city. policies for operation of the convention center.
B. "Manager" means the convention center C. Except as provided in this chapter, the
manager of the city, and whenever said term is manager shall administer the convention center
used in this chapter, it shall be understood to mean subject to the general administrative supervision of
such person, except where the context requires a the city manager.
different meaning.
2.52.040 Parking regulations.
2.52.020 Convention center committee-- A. The city reserves the right to maintain and
Creation--Duties. control parking on city-owned property on and
A. Creation. There is created a convention about the convention center site, either by direct
center committee ~onsisting of seven members, operation under the supervision of the manager, or
who shall be appointed by the city council. The through a contract for private operation thereof.
term of office shall be. three years, except that the · B. At all times, panking for convention center
current terms of the members now serving may be events shall have preference over parking for any
for a greater or lesser time in order to provide for other purposes.
staggered terms. C. Rates shall be established by the manager,
B. Duties. The convention center committee with the approval of the council.
shall represent various community groups and
interests for the purpose of formulating policy as 2.52.050 City attorney as legal advisor.
to the general operation of the convention center. The city attorney shall be the legal advisor to'
Except as provided in ,this chapter, this committee the manager and shall approve all forms, permits,
has no administrative or other authority. The bonds, contracts and other doc/~ments used in
manager shall be an ex officiO member of this carrying out the purposes of this chapter.
committee and shall be present at all meetings of
this committee, but shal/not have the right to vote. Chapter 2.56
The manager of the convention bureau of the
Greater Bakersfield Chamber of Commerce shall MUSEUMS AND ART GALLERIES
be an ex officio member of this convention center
committee, but shall not have the right to vote. Sections:
The convention center committee shall establish 2.56.010 Authority to accept property for
rules for its operation, museum or gallery purposes-
Use of city propi~rty.
2.52.030 Convention center manager-- 2.56.020 Donations of property or
Office created--Supervisory buildings to city-Delegation of
and administrative duties, management and operation to
A. There is created the office of convention donor, his successor or board of
center manager who shall be appointed by the city trustees.
manager. 2.56.030 Regulations governing operation
B. It shall be the duty of the manager to -Admission chaFes-Records-
supervise and manage the convention center and to Policy decisions.
issue permits for the use thereof on accordance 2.56.040 Appropriation and expenditure
with and subject always to the terms, conditions, of funds-Additional powers of
council.
47 (Bakersfield 1-90)
P},OFESSIONAL BASKETBALL
COMMENTS..
SAN JOSE PRO SPORTS, iNC. FAX # 272-4825
3487 McKee Rood, Suite $~q * Son Joso, cnllfor lin 95127 · (4083 272-DUNK
3487 McKcc Road, Suite 55 · 5on Jose, Califor ~la 95127 · (408) 272-DUNK
FACiLiTY US~ PElleT (CC
This Permit is entered'into this __ day of ,
1991 by and between the City of Bake:'sfield Convent£6n --
Center ("the City,,) and San Jose Pro Sports, Inc., a
California Corporation ("SJPS,,). Lei Anderson will act as
the City's representative and will bl referred to
hereinafter as "Manager".
RECITALS
A. 'The City is the landlor~ of that certain
convention center and arena facility located at 1001
Truxton Avenue, Bakersfield, califorr~ia ("Facility'!).
SJPS desires to obtain ~ Permit to use the .
Facility d the City desires to'giw SJPS a Permit. '
1. Compliance With Law~: SJPS lall at all times
comply with-all, applicable laws, etd nances, codes and
requirements of the Federal Governmezt, State of'
California, County of Kern and the City of Bakersfield.
SJPS shall also abide by all rules, egulations and
directives prescribed by the City; plovided the City has
given SJPS thirty (30) days prior written notice of the
City rules, regulations and directives and such rules,
regulations and directives do not maierially alter the
terms of this Agreemen:.
2. Permits, Licenses and.Taxes: SJPS shall comply
with all requirements of federal, state and.local laws and
regulations pertinent to or affectinc the handling, sale,
and disposal of goods or:merchandise'sold and operation of
a Professional basketball team as authorized by this
Agreement. SJPS shall at its own expense and cost,
procure and keep in force during the entire period of this
Agreement, all permits and licenses Iequired by such laws
and regulations regarding its sale of goods and
merchandise and operation of a professional basketball
team.
3. INSURANCe: SJPS'at its sole cost and expense, and
for the full term of this Agreement, or any renewal
thereof, shall obtain and maintain tkroughout the term of
this Agreement all of the following nsurance
requirements; '
A. A Comprehensive General Iiabiltty policy with
minimum limits of Dollars ($ )
combined single limit for bodily injury and property
damage and provide at least'hh~ relieving minimum
coverages:
B. A Worker's Compensation .olicy to cover all
employees or contractors of SJPS in Lccordance with Labor
Code Section 3700 et seq.
(1) This policy shall p :ovide (Coverage A)
~ Worker's Compensaticn and be written in
accordance with the laws of the State of
Calfiornia and the ssociated statutory
limit of liability,I
(2) This coverage shal~j also provide for
.(~oyerage B) Employer's Liability in the
minimum amount cf $~00!000.
· . . C. Proof of coverage shall be submlted to the City
anu ~nall be in the form o~ a properly issued and signed
certificate of insurance with copies~of all of the
following required endorsements attached thereto. SJPS
shall not commence performance of an,~ word.or obligations
under the terms of this Agreement uni:il the City is
provided with the required cer=ifical:es of insurance and
endorsements as. set forth hereinafte::, or with respect to
worker's compensation insurance, w±t~ a certificate of
consent to self-insure issued by the Manager of the
Department of Industrial Relations. Furthermore, it is
, shall not be
specifigally understood that the Cit! .
r~ponslble for any premiums of asse.~sments with respect
to any insurance policie.s required h~reunder of SJPS.
D. The following endorsemen~:s are required to be
made part of and attached to each of the required
policies:
(1)
". ' "t "
.__~:~ SERVICES ~RO~IDEp. The City ~ill provide a olean
~il~y ana s~an~ar~ se~ up befor? ~ach Basketball Game
and Playoff Game. Available dressln4 rooms and offices
are provided at no additional cost t~ SJPS. All other
services or conditions are at the expense of SJPS subject
to the limitation set forth in paragraph 5 bel~w.
~. F~VENT SET UP. TAKE DOWN AND_~TAFFING NEED~: SJPS
shall file with the Manager, at leas~-ten (10) days prior
to holding each event for which this Permit is issued a
full and detailed outline of all facilities required, all
optional equipment, all stage requirements, the Facility
set-up, the staffing requirements an( any other
information that may be required by ~he Manager concerning
the event. If such information is net given, the Manager
will determine the needs based Upon ~vailabl'e information.
Any changes supplied less than =eh (~0) days in advance
are subject to additional ~ees. / '
6. PERSONNEL SERVICES. Managertand SJPS shall .
mutually' determine the number.of personnel and SJPs shall
accordingly pay each personnel'requi~ed for SJPS's use of
the Facility, including but not limited to ticket sellers,
ticket takers, ushers, doorguards an¢ security.
7. EXTP3~ C~ARG~S'AND.OPTIONAL E(UIpMENT': .Extra
charges may include, but are no= limited to, the following
services and equipment: Stage Lighting Equipment, Sound
E~uipment, Portable Staging, Risers, .Follow Spotlights,
Piano, Tables, Chairs, Power Boxes, ~leachers Sst Up, .
Movie Screens, Utility Usage and TraSh Removal-, the costs
for which shall be supplied by the M4nager upon'written
request. / '
SJPS shall have the option of re~iewing and.audi=lng
any costs incurred under paragraphs ~, 6 and ?. The City
will provide SJPS with fee schedules for these items prior
to incur~ing these costs. Manager wi.11 cooperate whenever
possible with SJPS's attempts to pro~'lde volunteers in
order to reduce costs.
8. CONTROL OF FACILITIES: The 'acill=ies, including
keys thereto, shall be a= all times ~nder the control of
the Manager who shall have the right to enter the Facility
at all times during the period coverlid by this Permit. The
entrances and exits of said premises shall be locked and
unlocked at such times as may be re~lred for SJPS's use
of the facilities SJPS, 'at its own e:~ense, must at all
times place proper watchmen at all e~trances and exits
when the same are unlocked~
9. pUBLIC SAFETy: SJP$ agrees ~hat
will conduct its activities with ful regard to public
safeKy,'and will observe and abide b all applicable
regulations and requests by the City' and duly authorized
governmental agencies responsible fo:: public safety. The
Ci~y will inform SJPS of all ~nown r,~gulations and
ordinances regarding public safety a~ the City from time
to time becomes aware of such regula~:ions and ordinances.
10. STORAGE: Shipments are acc,~pted on the dates of
occupancy herein specifically listed in
Storage sp~ce at the Facility is lim:,ted an~ $JPS is
asked no= to ship anything to the Fa~:ility until
occupancy. Should arrangements be m~de for storage the
receipt, handling, care or custody o1~ anything shipped or
otherwise delivered to the Facility ~ither prior to,
during or subsequent to. the ~se of =]~e Facility by SJPS,
the City and its officers, agents an(l employees.shall act
solely for the accommodation of SJPSiand shall not be
liable for any loss,"damage or inJur to such property
unless, due to its negligence.
.11. EX~LIBIT FLOOR PLAN~:' The C ty and SJPS shall
cooperate in submitting a copy of a :omplete floor plan
for the basketball games ~o the appr)priate State or local
Fire Marshall no less than 30 daysp:ior to the first
Basketball game.
12. 'EXHIBIT ENTRANCe: Ail attic.es, exhibits,
fixtures, materials, displays, eq~lp~ent, Supplies, etc.,
shall be brought into or 'out of the i~uilding only at such
entrances as may be designated by th! Manager.
13. SIGNS AND POSTERS: The Citl grants to SJPS the'
exclusive right with respect to the asketball Games and
the Playoff Games to sell non perman iht advertising,'
banners and decals on and or within :he area encompassed
by the arena and walls of'the audito:iUm in the. Facility
where the Basketball Games and Playo~f Games will be
played, subject to the following con. titiOns:
A. The signs will be on vie~ only for SJPS
Basketball Games or Playoff Games.
B. The advertiser and advertising copy is subject
to reasonable approval by the Manage::.
C. No advertising agreementlbetween SJP$ and the
advertiser shall exceed a one
(1) ~son term without the
prior written approval cf the Manage~:;
D. If the quality of a sign should, deteriorate to
such a degree that the City deems it necessary to replace
o~ upgrade that sign, then SJPS agre,~s to rectify the
situation as soon as practically posl~ible.
E. The type of sign and met].od of affixing shall
be subject to the Manager,s approval~
F. The City will Provide SJ]S.with a suitable
sound, public address system to be u~ilized by SJPS to
make play-by-play calls and to make ]eriodic announcements
before, during and after the Basketball Games and Playoff
Games.
14. DISTRIBUTION OF MATERIALS: SJPS shall be abl~ to
distribute or circulate, or permit t~ be distributed or
circulated, any advertising matter cz programs in the
entrance to or in or about any part cf the Facility
regarding the CBA's league Publicaticns, Jammers' team
programs~ yearbooks, g~ides, novelti~s or other
advertising matters in such temporar areas as mutually
agreed to by the parties her%to.
addition
retains~
. all revenue from the sale or,radio a
FCC or an o . are sub ect to
· Y ther overnm
best efforts to r ferenc n 1.: Shal1 use
~ r~=~x~-y in any radio
television broadcasts. -~ and
Logistics a~ I per event production
costs for televising or broadcastin¢ Basketball. Games or
Playoff Games shall be the responsibility of SJPS.
16. FLAMMABr._~. MATERiA!~: No fl~mmable materials such
as bunting, tissue paper, crepe pape'- etc. will
permitted to be used for ~ .... ~" ' be'
u=uora=lonsI and all materials
· used for decorative purposes must be treated
with
flame-proofing and approved by the F~lre Department. Nor
shall SJPS, without the written constant of the Manager,
put up or operate any engine or motel or machinery on the
Facility or Use oils, burning fluids camphene, kerosene,
naptha, or gasoline, or any other flammable chemical, for
other mechanical or other purposes o:' any event other than
electricity for illuminating the Fac lily.
17. PYROTH~C}~NIC PERMIT: A~y u: eof fireworks,
flashpots or explosives mus~be apprcved by the
Bakersfield City Fire Department. F%rther a Permit must
be obtained through the Fire Department and FAre Legal
Liability Insurance must be in place ~rior to any
pyrotechnics being allowed in the Facility.
18. OBSTRUCTIONS: SJPS shall ncr do nor Permit to be
done, anything which may interfere w~th the effectiveness
or'accessibility of utility, heating, ventilating, or air
conditioning systems or Portions the] eof in the Facility,
nor do or.permit to be done anything which may interfere
with free access and passage to all ceas of the. Facility.
19. E C S. ~QQ~: SJpS shall
secure all tickets from a bonded ticket printing company
meeting with the
provisions of approval of the Manager. Further, the
the separate agreement nt "Ticket
Sales Agreement,, sh~ ......... i~led
responsibilities o~'~ ~uv=~9 ~ne rights and
to ticket sales t~=~c~-e-pa~t~s-~O eabh other with respect
~ ua, ~asKe=Dall Gam? and Playoff Games,
and the rights of any computerized ti,~ket agency
concerning those ticket sales.
The prescribed rental deposit sha~il'be $11,000.00.
interest-bearing demand account ("Acc~unt").will'be
established by SJPS, into which the $~.1,000.00 will be
deposited. This amount shall be Psi.d in full on or
before 60 days ~rior to the fir=t iJp:l Back, tbs11 Game at
the Facility. All interest earned o~ this Account
shall
Uelon~ to SJPS, ~u~ shall remain An t]~e Account for the
benefit of the City in the e%ent the (:.ity must draw on
that Account, as authorized by this Ac reoment.
Because SJPS's rental schedule iF based 'on a. percentage
of gross ticket'sales, the Manager may, at an time an
all times, upon reasonable notice ~
any or all of SJPS's ticket~ .......
reports as may be re~uired ~i-~u~-~'-rec°~~s a99 .
City. g s receipts an~ the sums owed to the
The Manager shall have access to ~he Account and will
be able. to draw upon the Account after reasonable notice
and demand to SJPS to reimburse or p~y the city-for any
charges or revenues it is entitled tO, but.has not
received, as provided in this Agreement, including the
Ticket Sales Agreement. Any amount ~hlch the City draws
out of this account shall be replen~ ed by SJPS within
ten (10) day~ of the date'of draw_do~n.· Failure to
replenish this Account by SJPS shall~ontitute a default.
The balance of the sums in the A~ount, inclUding
accumulated interest, Shall be released to SJPS within
twenty-four (24) hours after the las~ Basketball Game or
Playoff Game or after the City and SJ~S have settled on
all amounts owed to the City under th~s Agreement,
whichever is later; provided that if ~ dispute between the
Ci%y and
SJPS doe~ arise, ~he City wikl' imme~iately
release that portaon of ~e Account t~at is not in
dispute.
.20. SEATING CAPACITY/FACILITY CA,ACId: SJPS shall
not sell or pek~l= tO be sold .or dist:ributed tickets or
passes In excess of the capacity of t]~e Facilities; nor
admit to the Facility a larger nu~er: of persons than can
safely and freely move about therein. The maxlm~
capacities for the Facility im on fil with the Manager.
SJPS~ r~
at ~,Le prices as
advertized. Any discounted tickets r~ire 9roper
doc~entation. Complimenta~ tickets are limited to no ..
more than fifty percent (50%) of the 'acility capacity.
Samples of all compllmenta~ tickets ~nd passes must meet
with the approval of the Manager, and if more
complimenta~ tickets or passes are it.sued than the
approved nu~er, SJPS shall be re~ir, d to pay t~e ·
applicable percentage for the Unpaid ~issions
of the approved n~er of passes as t~ough the full
admission charge had been collected, nless, the 9riot
consent of the Manager is obtained.
22. ~NINC NO~= SJPS must op. o ~e doors of its
attraction as adve~ised unless othe~ise agreed upon as
necessi=y indicates.
23. ~: The City shall have thm first lien against
- - -"~ ~~y ur ~1~ u~=¥~for.all unpaid rental
tees, relmburseable expenses and a - o rla ' ' '
~h~ ~ve~t coverod by ~k~ ~.~. P~ P . ~e.taxes due for.
=o withhold from *;i~-i-Lii~~' ~e. ¢?y as empowered
~d if such funds are no= availab~- ~ -.- I suc~ ~?ney,
~= c =~e conclusion of
=ne even=, or if none of the Securit~ De osi
the~ to impound SJPS, ~ .... --. ~ ._P ? is available
charges s r-~y. =n~uld sUCh unpaid
remain Unpaid ten (10) days ~f=er the expiration
or termination of ~his' Permit, the C:=Y shall, have the
power Co_sell such proper~y at'public adc=ion, and =o
apply cash proceeds from such adc=lo =o the retirement of
these unpaid charges.
.24. ~-ONCESSION SAL~: The City
Or its assigned agen% ~ah& sole ri ht =ese~es unto itself
dispens~, o= provide any o~ -~ .to= (a) sell,
or se~lces .... ~ ,r nature of.products
....... · The ~anager may, ~n writing, authorize a SJPS
a~u~ =o ac any of ~he aforesaid upo~ s~ch ~e~s as he may
deem proper under th~ circ~stanoo~, subject =o the
provisions of any existing .concessi?~ contracts in effac~
a= =he rime. During ~he te~ of th~s
Agreement, SJPS
shall receive ~3 and 1/~% of the Facilities share of the
ne= concession revenues
(gross receip:s less sales ~axes).
Revenue accounting shall be provided ~y ~he consessionaire
which is currently California Spor=se~lce. In the even~
=his Peri= is e~end~d for addi=iona~s) year(s),
dis~ribu=ion of ~he ne= concession revenue shall be
renego=ia=ed.
25. ~ROG~S AND NO~LTI~: SJPS shall have the
exlusive right to operate and main=ai
~ merchandise
concessions, =he ~mber and location ~f which a~e ~ubJect
~o the City approval, during ~he playing of and
immedia~ely before and after Basketball Games and Playoff
Games, Co sell programs and novelties
, including CBA
league and Jammer team publications ~rograms, yearbooks,
guides and souvenirs. ' '
26. =NTERTAI~ STAND, DS= No ~erfo~ance,
exhibition or en=ertai~en= shall be ~lven or held ~n the
Facility which is illegal, and should any such eXhibi=lon
or perfo~ance, or any pa~ thereof, ~e' deemed by ~he
Manager ~o be illegal, ~hen said Mana er or =he City may
cancel said Perfo~ance or exhibition or any part
=hereof.
27. PAYMENT OF TA~: SJPS shal~ be l~able'and
responsible for the pa~ent of all Fe(eral, Stare, County
and City of Bakersfield =axes In conn~c=ion with receip~
of revenues by SJP$ from any source a~d for any reason for
or arising ou~ of or in connection w~h any Baske~bal.1
Games or ~layoff Games, including wi~]~ou= limi~a=ion
broadcasting, sponsorships, '%icket sa es, and concession
sales. The City shall be liable and 'esponsible for Che
payment of all Federal, State, Count and City of
Bakersfield taxes in connection With~any rent or receipts
paid to and retal~d by
28. ~OPYRIG~T LAW: No copyrighted musical composition
shall be played or s~ng in connectlo~ with any use of the
Facility either ampl~fied, televised or otherwise and
either in the form of.a mechanacal recording or personal
rendit'ion, unless the sponsor of the program shall have
first paid any license fee or other fee required by any
copyright owner.
29. ~UJj~_~: SJPS may have a~d enjoy the use of
the Facility described above for the ~urpose and times
'~ttached 9s Exhibit "A" with ....... .-
~u~a regularly Provxded
nearing/air conditioning and overhea(, light for ordinary
use, In addition, the parties hereto derstand that the
Facility will be made available for ~e1 by SJPS for
Playoff Games, if necessary, on the same.terms and
conditions contained herein. SJPS w~l provide or notify
the City as soon as known what dates ~re needed for
Playoff Games and both parties will'~e their best efforts
to come to a mutually agreeable arrangement for th? use of
the ~acility on said dates.' Unless o herwise sec
.~_~, ....... ~ _ T~-~.w~ ~rav~£ege= ~o schedUle other
~a~,u events DO=~ bozore and afte~ ates of th
9on=tact without notice to
nave the necessa~ ~-~ ~- Z~t'i.-Pr~v}9?~ =n~t SJPS shall
30. INTERRUPTION OR TERMINATION ~..SHO~: The City
shall retain the right to cause the i]~terruption.of any
Performance or activity of SJPS at th,, Facility in the
interest of public safety, and to like,wise cause =he
termination of such performance if.in the sole judgment of
the City such act is necessary in the interest of public
safety. SJPS hereby waives any claim against the City for
damages or compensationprovided that the City acts
reasonably i9 terminating this Fermi
. t and the City hereby
waives any claxm against SJPS for dam~ges or compensation
should the City terminate this Permit under the terms of
this paragraph 30 and SJPS is not res~onsible for causing
the even= requiring the termination.
~1. UNAVAILABLILTY OF. FACILIT~: In .the event that the
Facility herein rented or any portion =hereof is not
available for occupancy upon commencement or during the
term of this Permit due to 'fire, Acts of God, Strikes,
national emergency or other causes beyond the co
the City (other than a --~-~--,~ ....... ~trol of
SJPS herein shall terminate, provided, however '
portion of the rent nreviousl,. ~-~ ~= .... , that any
funded by the City to SJPS
sums attributable to SJPS,s use of ~e Facility only
through'the date of t~rmina~ion. T~e City l%e~by Waives
any claim against SJPS.for damages a~d expenseS'by reason
of such termination and SJPS hereby Waives any claim
against t. he City for damages and ex~nses by reason of
such termination.
32° ~XPIRATION .AND TERMINATION OF PERMIT: Upon the
expiration or termination of'this permit, Sjps shall quit
the premises of the Facility and return to the Manager,
the Facility in clean condition alon~with all equipment
procured from the City or the ManageT. Premises,
equipment and the Facility shall be ~n as good condition
and repair as before SJPS's use there, except for wee
from ordinary use. SJPS sh~ ..... L ..... r
~ ~muvF zrom :~e acil
or any part thereof al r ity,
~__~ ........ , 1 the. pr?pe~ {, goods and effects
premises, g P h
33. DAMAGES TO THE FACILITy~ rPs agrees ~o pay
of repair or replacement for any and all damages to
property of the City, whatever the o:igin or nature;
provided SJPS, its employees or agen':s are the primary
cause for t. he damage and the same is
'a result of the use
of the Facility as herein stated, ex,:ept for normal wear
and tear or f~om a.prior use of the ~acility by.a party
not a party to this Agreement.
34. ~OVIE PROJECTOR~: NO movin.; picture machines or
fi~s. in excpss of 16mm Size or any Ditrocellulose film
Will be permitted in the building un[ess same shall have
been first apprgved by the Manager a~d the Fire
Department.
35.. HP_~: SJPS shall remov~ from the Faci ,
.g ~ ms.or caused by it to,be brou htu on
premises at the t g P such
. ~me designated b t e Mane
rem .... ~ ...~==_ i~- .... ~x_~ny.~ucn roperty is not
. ~- -~uazn uae reasonable tlme d~iqnated by the .
manager, the Manager without any liability or obligation
to SJPS except for its own negllgenc may store'the same
and in ~hat event SJPS shall pay a r~aso~able fee fo
storage, provided, however, if SjPe .~-~ ..... r. such
property within sixty ,60~'~ ..... ~_..~t~ =~ reue?m the
property for said storage fees and e:~enses without any
liability or obligation to SUPS.
SJPS has been informed by the CBA Co:missioner,s office as
to which dates will be used from the pool of dates
, mS Wlll notify the Manager ~f the necessary dates
and times. FurtheF~. SJ.PS a__~d the Ma~a~ w~].~ mue~lu ....
consecutive hours on each of said dates, including.Playoff
Games, if.necessary, which SJPS will. have access to and
use of the Facility for practices arid shootarounds by
SJPS's team and the visiting teams, at no additional
.costs. SJPS may use the Facility f~,r Team Practices at
any time the basketball floor is av~ilable during the
season or playoffs and not in use o~ committed to another
event.
37. DEFAULT OR CANCELLATION BY ~J~:. ShoUld SJPS
defaUl~ in the Performance of any o the te
conditions of this Permi~ ........ ~ ___ rms .or
covered by this Perm~ j~_u~oulq sJPS.cancel the event
elect (a) to cance . =5 . .its sole option,
1 this. Permat, in which event SJPS shall
be released fr?m all prospe?tive b~ t not. any already
incurred) liab~lity and obl~gatio~ fader this Permit that
would have arisen in the future had the Permit not been
cancelled~ or (b) to enforce all th~ provisions, terms and
.conditions of this Permit, in which ~JPs shall be liable
for the full amount of the ren~ provided for herein, plus
all expenses incurred by the C~ty i connection with the
event. · ~ . .
Should the City elect to enforC!iethc!~~ ~eserves theh
Permit nursuan~ ~ ~ ..... e.provisions of t is
the same period as provided in =his Permit and hold SJPS
liable for the full amount of the re%t ProVided. for 'herein
and other related costs and expenses incurred by the. City,
less the total amount of the base re~t received under the
subsequent permit. The issuance of ti~e subsequent permit
shall not constit~te a cance!lapion .~f this Permit unless
the City so notifaes SJPS in wr~tin ~ Any deposit made by
SJPS.to the City under this Permit ~all be retained by
the City and credited to SJPS's obli~;ations under this
Permit.
38. REFUND OF ADVANCE DEPOSIT: Refun~ of advanced
~e~tal deposits, less any reim~ursah e eXpenses 'incurred
by the City and prorated rental base~ '
on actual time of
SJPS's occupancy of the Facility, ma be au%horized by the
City where:
A. SJPS gives written notic of cancellation to
the Manager'at lease 180 days (6 mon~s) prior to the date
reserved for events issued a Facilit, Use Permit more than'
240 daYs (8 months) in advance of th~ date reserved: and
if the Manager determines that no de~ =imen~ will result to
the City from such cancellatlo~, or
B. SJPS gives written notic~ of cancellation to
the Manager at least 90 days (3 mont~s) prior to the date
reserved for events issued a Facilit, Use Permit less than
240 days (8 months) in advance of th~ date reserved; and
_ .. if the Manager determines tha~..no ~3 r!ment.wil1 result to
the'City from such cancellation, or'
c. The scheduled perfor~an e is cancelled by the
Manager under any of the terms, rules or regulations
pertaaning to the use of the Facilit:y; provided the
Manager has given SJPS reasonable nc~tice to conform with'
any terms, rules or reg~lations, or
D. The Scheduled Performances is otherwise
cancelled by the Manager pursuant tc Paragraph 30, 31 or
32 herein above. '
The right to recover any refund shall not be assignable
except by operation of law.
_ _3~._ _~: SJPS shall pay t° the Manager, the base
rental fee rot the.Facility and/or Percentage of gross
re?eipts, when applicable as set forth below. The fee for
this Permit shall be paid at the ratm of $750.00 per game
or 6% of gross gate revenue per game not including
complimentary tickets as provided fo
.r in this Agreement,
whichever is higher. The City shall calculate after each
Basketball Gam6 or Playoff Game the ~mount which SJPS has
collected directly as distinguished From the box office
procedure and shall pursuant to the :erms hereof, withhold
the same, plus other sums then owed :o the City by
under this Agreement from the gate r~ceipts collected by
the City and return thebalance alon~
r with a full
accounting within no more than two (I) intervening bank
days and.legal holidays after the B~ lketball Game and
Playoff =ams to SJPS or to a bank acl~ount designated by
SJPS, or the City may debit the aCcol~nt for the'amount
owned if gross gate revenues are not sufficient to cover
the sums owed to the City. With res].ect to receipts
collected by any computerized ticket, a ency for ~e
Basketball G~ne or Playoff Game, the.C~ty shall ~account
and make ~a.y~.ent to SJPS or to a ban accoun
by SJPS Within 48 hou~ ~ ~ ~,~-,~ . t designated
= w~,~=-= from any com~terlz~d ticket
agency or the. next business day, whi ever 'Is latest.~
40. ~. sJPs will be provide~a lease for the next
three (3) consecutive CBA season'begi~ing with the
1991'/92 season, including Playoff Ga~es. The fees for
the second and third years shall be a
........ . .~u~u~ uellvered to the othe~ par~y effective upon
the end of the current season,' but in no event shall the
termination be later 4§ days after th. end of the last
regular season BasketballGame.
41. OTHER SPACe: SJPS"shall be allowed to utilize the
Green Room, or an equivalent or larget area, at the
Facility as a Pre-game/post-game "VIP Club,, at no extra
charge,
42. PARKING PERMI~: .The Cit'-
p~o:ess~ona~ e~a~, ~nc½uding coa?hes~and players parking
43. LOCKER"ROOM~. The City Shal~ provide SJP$ with
adequate private locker room facilities for all Basketball
Sames and Playoff.~ames to comply witb CBA'league
standards and requirements provided the City shall be
supplied in advan:e with a copy of sa~e by SJPS.,
· 44..FAN PARKING: The city.also ~grees to assist SJPS
· n securing additional game.day parki~ in lots and
9=rages in the proximity of the Facility's parking lot so
long as such cooperation does not cause the City to be
financially burdened.
45. ~: The parties heretc agree that all'of
their agreements are fully set.forth ~erein and tha~ no
oral statement °r representations of ~ny kind have been
made upon which either party shall ha~e the right to rely.
~n all terms and conditions, the male shall include the
female and the female shall include tl~e male. The
individual shall be plural and the plural shall be the
individual. If any term or provision mreln is determined
to be void or .unenforceable then this Permit will be
enforced and interpreted as if said t~rm or provision was
not included herein. 'Further, both p~ :ties acknowledge
that this Permit was drafted and neg~ :iated equally by
both parties and any am~iguity in a t ,tm or a' provision
herein shall not be interpreted or cc ~strued against
either party. Each person signing on behalf of its party,
represents that they have the authori:¥ and poyer to
execute and bind their respective par':~es. Thxs.a~reement
shall be governed by an~ construed in accor~ance'wxth the
laws of the State of California. If ~ny action is brought
~o'enforce or interpret any term or p~ovision contained
herein, the prevailing party shall be' reimbursed for all
.costs incurred including attorneys, f~es.
I have read and understand all th Provisions of this
Permit.
City of Bakersfield San Jo~ Pro Sports, Inq,
convention center a california.Corporation
BY: ,~ BY: ·
DAVID ¢ORTESE, Ex,Cut,ye
" Vice Pzesident
1990
April 11, 1991
Mr. Dave Cortese
Country Club Villa Properties
· 3487 McKee Road ~50
San. Jose, Ca 95127
Dear Dave:
As per our phone conversation On April 10, 1991, regarding
availability of the Bakersfield Convention Center as a potential
site for a team affiliated with the Continental Basketball
Association., the following is provided:
I have discussed with the City Manager, Mr. J. Dale Hawley, your
proposal to bring professional basketball to Bakersfield. He is
both pleased and interested in your proposal and as such has
authorized me to begin research into fulfilling your requests.
At a prior meeting, you provided me with a list of concerns and
suggested rates. I have reviewed that list and respond as
indicated below.
1) Annual Rental Structure -
1) Three (3) One (1). year contracts as follows:
First year .$750.00.or .6% of gross ticket sales per
game, whichever is greater.
Second Year $1000.00 or 8% of' gross ticket sales
per game whichever is greater.
Third Year $1000.00 or 10% of gross ticket sales
per, game whichever is greater.
B) Annual "OUT" clause for'both organiza~'~±~ns.
C) $11,000.00 deposit ( ~ -~ ~
app.Lox~mau~ly 50% of minimum
rental/28 league games.
2) Concession Revenue'
A) During the term of first year's contract, permittee to
receive twenty.five percent (25%) of the faciiity's net
concession revenue. Revenue accounting to be provided
by the concessionaire which is currently California
Sportservice.
CONVENTION .CENTER
Community Se~ices Depaament Administrative Office
]001 Truxtun Avenue · Bakersfield · California · 93]01
(805) 327-7553 · Fax (805) 861-9904
B) Subsequent years' structure for same to be negotiated
prior to permit being issued.
3) Merchandise/Novelty Sales
A) No Charge
B) Responsibility of franchise
4) Signage
A) No charge'
B) Size, location, amount and content subject to building
approval.
C) Storage, hanging, etc. is responsibility of franchise.
5) Staffing
A) Security, ushers, ticket sellers, ticket takers, box
office charges, etc., to be provided by Convention
Center at expense of Franchise.
B) Convention Center agrees to cooperate with Franchise'
in allowing volunteer help whenever possible.
6) Parking
A) Convention Center to provide Franchise with 36 passes
per game.
B) Existing parking rates will be utilized at all games.
7) VIP Room
A) Convention Center will provide VIP room for each game
day.
B) Franchise is responsible for all food and beverage
o costs.
8) Complimentary Tickets
A) To be arranged by mutual agreement.
B) Sale of season tickets is an important issue and
should be discussed as soon as possible.
9) Floor Preparation
A)' Convention Center responsible for setup and take down.
B) All costs for preparation 'to be assumed by Convention
Center.
In our talks, you indicated that several items in our contract
were troublesome and suggested they be deleted. Those sections
were established to protect the Convention Center from possible
abuse by giving the Convention Center Manager authority to
control those activities. While w~ cannot remove them from the
contact, please rest assured we will cooperate whenever possible
to resolve your concerns.
In regards to office space, unfortunately there is little or no
room at our facility. However, we will be happy to provide'you
with a list of several real estate agents in the City who can
help you upon your request. Finally, the City has a recreation
center that is nearby which offers a regulation-size basketball
floor. This facility would adequately address your practice
needs and can be rented at~ a very reasonable rate. If you can
provide the times of day and number of practice sessions
required I can develop a cost scenario.
I hope this information meets your needs. Please keep in mind
that these figures are basic and that other issues need to be
finalized before a contract can be prepared. I look forward to
working' with you in this exciting venture and to y~ur early
response. If you should have questions or need additional·
information, please contact me at your convenience.
Sincerely,
Leland ~. Andersen,
Manager
LJA/lg
cc: J. Dale Hawley - City Manager