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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 Subsection L. of Section 12.56.050 of the Bakersfield Municipal Code is hereby repealed.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