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HomeMy WebLinkAbout2005 ADMINISTRATIVE REPORT TO: Honorable Mayor and City Council APPROVED FROM: Dianne Hoover DEPARTMENT HEAD AL ~1L Director of Recreation & Parks DATE: December 5, 2005 - CITY ATTORNEY CITY MANAGER ~ .~-~ . SUBJECT: Agreement with Bright House Networks to pay the City $375,000,plus $125,000 worth of advertising for a period of five years for naming rights of the Amphitheater at The Park at River Walk. · RECOMMENDATION: Staff recommends that the City of Bakersfield grant Bright House Networks the naming rights for the Amphitheater at the Park at River Walk. BACKGROUND: At the July State of the City message to the Chamber of Commerce, Dianne Hoover made a plea to those present regarding opportunities for naming rights of the Amphitheater. The message was posted on the city's website and Dianne followed up with an article in the Chamber newsletter requesting naming rights to the amphitheater. --~ Staff then created a sponsorship packet to present to representatives of various companies when meeting at the Amphitheater. The companies that expressed an interest and met on site included Urners, Coca- Cola, Tejon Ranch, Union Bank of California, Verizon Wireless and Bright House Networks. Bright House Networks and Urner's were the two companies that responded in writing with a .naming rights proposal. Bright House Networks came forward soon after meeting staff on site with their proposed agreement, matching our request for $500,000 for five years. Terms of the agreement include $375,000 plus $125,000 in advertising events for a five year period. The payments will be made each year at $75,000 beginning in 2006 through 2010. Bright House Networks will work with the City of Bakersfield Recreation and Parks Department in tracking 'the advertising opportunities to total $125,000 over the five year period. The money is proposed to be deposited into a special account which will be used to offset entertainment costs occasionally. For example, if we want to bring in an act that costs $25,000, and we want to offer it free to the community, we would be able to use this special fund. December 6, 2005, 2:50PM S:~2005 Admins\Naming Rights.dot ADMINISTRATIVE REPORT Bright House Networks is to be commended for their willingness to name this new amphitheater, thus setting the example for other companies to name future park facilities. Bright House Networks can assist the city in bringing a variety of entertainment to this new facility while providing a wide range of opportunities to the citizens of Bakersfield. Bright House Networks has the ability to advertise and market the events at the amphitheater, thus promoting a premier park amenity. Hereafter, the Amphitheater at The Park at River Walk will be referred to as the Bright House Networks Amphitheater. December 6, 2005, 2:50PM S:~2005 Admins\Naming Rights.dot LICENSE AND NAMING RIGHTS AGREEMENT NO. NAMING RIGHTS FOR THE AMPHITHEATRE AT THE PARK AT RIVER WALK THIS LICENSE AND NAMING RIGHTS AGREEMENT (this "Agreement") is made and entered into on, by and between the CITY OF BAKERSFIELD, a Charter city and municipal corporation ("OWNER" herein), and BRIGHT HOUSE NETWORKS, LLC, a Delaware limited liability company, authorized to do business in the State of California ("BHN" herein). RECITALS WHEREAS, OWNER is the owner of a park facility located at Stockdale Highway and Buena Vista Road in Bakersfield, California, known as The Park at River Walk ("The Park" herein); and WHEREAS, The Park is currently being constructed and it is anticipated The Park will be completed by approximately January, 2006; and WHEREAS, contained within The Park is the Amphitheatre; and WHEREAS, the purpose of this Agreement is to grant BHN naming rights for the Amphitheatre through use of signage and related activities as set forth in this Agreement, including the exclusive right to have its Logo affixed to the Amphitheatre in the form specified herein so the general public comes to know the Amphitheatre as the "Bright House Networks Amphitheatre." NOW, THEREFORE, incorporating the foregoing recitals herein, OWNER and BHN mutually agree as follows: 1. DEFINITIONS. 1.1. "Mark" means the word mark "Bright House Networks Am ph itheat re." 1.2. "Logo" means the Mark written in the typeface designated on Exhibit "A," or any derivative or associated trademark, servicemark, design, or logotype that incorporates the Mark or any portion of the Mark and is approved by BHN for use in accordance with this Agreement. 1.3. "Intellectual Property" means, collectively, the BHN Marks, the Mark and the Logo. 1.4. "Competitor" means any organization (other than the BHN or its affiliates) that provides and/or sells services or products related to cable television. License and Naming Rights Agreement with Bright House Networks, LLC 1531814v5 December 9, 2005 -- Page 1 of 13 Pages -- 1.5. "Amphitheatre" means the amphitheatre at The Park at River Walk. 1.6. "BHN Marks" means the word mark, "Bright House Networks," and the combination mark, "BRIGHT HOUSE NE'I-VVORKS & Logo Design,'' as set forth in Exhibit "B." 2. GRANT OF LICENSE. During the term of this Agreement, BHN grants OWNER the right to use and to sublicense the use of the Intellectual Property subject to the terms of this Agreement. OWNER acknowledges and agrees that (a) as between OWNER and BHN, BHN is the sole owner of the Intellectual Property, (b) the goodwill arising from OWNER's use of the Intellectual Property inures to the benefit of BHN and (c) OWNER shall not acquire any rights in the Intellectual Property other than the rights of use set forth herein. 3. NAMING RIGHTS. BHN acknowledges and agrees 'that (a) as between OWNER and BHN, OWNER is the sole owner of the right to name the Amphitheatre and (b) OWNER is licensing such naming rights to BHN solely during the term of this Agreement. OWNER and BHN hereby agree the exclusive name of the Amphitheatre shall be "Bright House Networks Amphitheatre." OWNER agrees to cause all announcements relating to the Amphitheatre, in any media, and all advertising for the Amphitheatre or any activity or event at the Amphitheatre, shall refer to the Amphitheatre as the "Bright House Networks Amphitheatre," to the extent any of the foregoing acts are controlled by OWNER. OWNER agrees to use best efforts to identify the Amphitheatre as the "Bright House Networks Amphitheatre" in all official documents, press releases, advertising, announcements, the answering of telephones, promotional and print materials produced, performed or disseminated by or for the account of OWNER. In connection with the foregoing and notwithstanding anything to the contrary contained in this Agreement, BHN permits OWNER to retain reasonable identification of the location of the "Bright House Networks Amphitheatre" as the City of Bakersfield or in Bakersfield, California. The Amphitheatre shall bear no name other than "Bright House Networks Amphitheatre" during the term of this Agreement. 4. IMPLEMENTATION. OWNER and BHN agree to commence performance of this Agreement in January 2006, at which time it is anticipated that The Park at River Walk and the Amphitheatre shall have been constructed and ready for use. 5. SlGNAGE. BHN shall have the following rights in connection with the naming rights: 5.1. Permanent Outdoor Si.qnaqe For Duration of Aqreement. BHN shall have the right to affix to the front and back of the Amphitheatre's stage prominent and permanent outdoor signage containing the words "Bright House Networks Amphitheatre" and conforming to the dimensions set forth in the diagrams in Exhibit "C." OWNER shall ensure that the signage is visible to all patrons attending License and Naming Rights Agreement with Bdght House Networks, LLC 153181 -v5 December 9, 2005 -- Page 2 of 13 Pages -- events, rentals, or programs taking place at the Amphitheatre, as well as to patrons visiting The Park or utilizing the bike path adjacent to the Amphitheatre. 5.2. Temporan/Si.qna.qe. BHN shall have the right to place banners at Amphitheatre events sponsored by the OWNER as well as other special events taking place at The Park. 5.3. Electronic Mediums. OWNER shall use best efforts to cause the Amphitheatre to be referred to as "Bright House Networks Amphitheatre" in all public service announcements and/or press releases pertaining to the Amphitheatre. OWNER shall cause "Bright House Networks Amphitheatre" to be displayed prominently on the Amphitheatre website as well as the City of Bakersfield Recreation and Parks website. BHN shall have the right to request, and OWNER shall place, electronic banner advertisements on such websites, which banner advertisements BHN may change monthly, offering special discounts and offers to visitors of the websites. 5.4. Print Media. OWNER shall cause the Amphitheatre to be referred to as "Bright House Networks Amphitheatre" in all print media advertising promoting Amphitheatre events and in all trade publications or brochures in which the Amphitheatre is listed. 5.5. Printed Promotional Material. OWNER shall cause "Bright House Networks Amphitheatre" to be displayed prominently on all posters, flyers and promotions promoting Amphitheatre events and to appear on all event tickets printed for events at the Amphitheatre. 5.6. Printed Electronic Communications. OWNER shall cause the Amphitheatre to be referred to as "Bright House Networks Amphitheatre" in all printed electronic communication mediums produced for the Amphitheatre. 5.7. Printed Information Guides. OWNER shall cause all Amphitheatre information guides to refer to the Amphitheatre as "Bright House Networks Amphitheatre." 5.8. Television & Radio. OWNER shall cause the Amphitheatre to be referred to as "Bright House Networks Amphitheatre" in all Amphitheatre event television commercials. OWNER shall cause "Bright House Networks Amphitheatre" to have extensive local visibility through broadcasting events at the Amphitheatre including: 5.8.1. Grand opening events; 5.8.2. OWNER sponsored community events and performances; 5.8.3. Private rentals for non-profit organizations and church groups; and/or License and Naming Rights Agreement with Bright House Networks, LLC 153181-v5 December 9, 2005 -- Page 3 of 13 Pages -- 5.8.4. OWNER sponsored cultural arts programs for youth.. OWNER shall cause the Amphitheatre to be referred to as "Bright House Networks Amphitheatre" in all Amphitheatre event promotions on local radio, including the announcements of upcoming concerts and performances at the Amphitheatre. 5.9. Directional Siqna.qe. OWNER shall use its best efforts to have the name "Bright House Networks Amphitheatre" displayed in association with the Amphitheatre on all promotional signs which refer to the Amphitheatre. 5.10. Outdoor Advertisinq. OWNER shall cause the Amphitheatre to be referred to as "Bright House Networks Amphitheatre" on any outdoor billboards owned or otherwise controlled by OWNER promoting the Amphitheatre and events held at the Amphitheatre. 5.11. Advertisinq Distribution. BHN shall have the right to distribute advertising literature at any OWNER events or programs held at the Amphitheatre or in The Park. All such advertising materials shall be pre-approved by OWNER staff, such approval not to be unreasonably withheld, conditioned or delayed. 5.12. Staff Uniforms. All OWNER event staff working at the Amphitheatre during events will wear a "Bright House Networks Amphitheatre" Logo on their uniform or name tags. 5.13. Quality Control. All signage and other usage or placement of the Intellectual Property by or on behalf of OWNER shall be subject to the prior written approval of BHN. OWNER shall not use or permit the Intellectual Property to be used in a manner or context which would disparage or reflect adversely upon the goodwill, reputation or community image of BHN and shall notify BHN in the event OWNER discovers any infringing or harmful use of the Intellectual Property. BHN shall have the right to audit OWNER's use of the Intellectual Property at the Amphitheatre or other premises of OWNER during regular business hours upon reasonable notice. 6, HOSPITALITY. 6.1.1. OWNER shall issue BHN six (6) VIP parking passes to be honored at any Am phitheatre events. 6.1.2. OWNER shall issue BHN twelve (12) passes to the VIP seating area at any Amphitheatre events. 6.1.3. OWNER hereby grants BHN use of the Amphitheatre for one (1) mutually agreed upon date per year for the duration of this Agreement. The event must meet the procedural requirements set forth for Amphitheatre rentals by the OWNER. License and Naming Rights Agreement with Bright House Networks, LLC 153181-v5 December 9, 2005 -- Page 4 of 13 Pages -- 7. SPONSORSHIP OPPORTUNITIES. BHN shall have the right of first refusal for sponsorship of OWNER events. 8. NAME USAGE. BHN shall have the right to use the name "Bright House Networks Amphitheatre" in corporate marketing at its discretion. 9. RECREATION AND PARKS BROCHURE ADVERTISEMENT. OWNER shall mention Amphitheatre events, where appropriate, in the OWNER's colorful Recreation and Parks brochure and shall refer to the Amphitheatre as "Bright House Networks Amphitheatre" in any such mention. This brochure is direct-mailed three (3) times per year. 10. EVENTS AND TOURS SPONSORED BY A CO~IPETITOR OF BHN. Nothing in this Agreement shall prevent the presentation at the Amphitheatre of regionally, nationally or internationally sponsored tours or events presented by a competitor of BHN; provided, however, that OWNER shall not permit such event or tour sponsor to cover or otherwise obscure any signage located at the Amphitheatre, unless such event or tour sponsor requires all similar facilities on that tour to cover or obscure any similar signage during the contractual period of the staging of such event or tour. 11. COST, MAINTENANCE OF SIGNS. All signs or installations to be installed or displayed pursuant to subparagraphs 5.1 and 5.2 of this Agreement shall be installed and put in place at the sole cost and expense of BHN, and BHN shall pay for the labor necessary to install or erect each such sign or installation. In the event BHN elects to change any such signs or installations, the production and installation costs thereof shall be borne by BHN, and BHN shall pay for the labor necessary to install and replace any such signs or other installations. 12. CHANGE OF MARKS. In the event BHN commences doing business in the State of California under a new name and/or set of marks, OWNER shall cooperate with BHN to amend the terms of this Agreement solely for the purpose of replacing all references to the BHN Marks with references to such new marks. In such event, subject to prior consultation with BHN and timely submission of substantiating written documentation, BHN shall pay OWNER's reasonable direct costs, including reasonable direct costs incurred by OWNER under paragraphs 5 and 9, in effecting the renaming of the Amphitheatre and the parties shall cooperate to effect a smooth transition and minimize any disruption to the operation of the Amphitheatre. 13. COMPENSATION TO BE PROVIDED BY BHN. For and in consideration of the naming rights set forth above, BHN shall pay the following fee to OWNER on the dates and in the amounts set forth below: 13.1. Fee. BHN shall pay to OWNER over a period of five (5) years Three Hundred Seventy-Five Thousand Dollars ($375,000) to be paid in increments of Seventy-Five Thousand Dollars ($75,000) annually, commencing on January 1, 2006. Thereafter, each yearly payment shall be made on or before January 1 of each year. License and Naming Rights Agreement with Bright House Networks, LLC 153181-v5 December 9, 2005 -- Page 5 of 13 Pages -- 13.2. Advertisinq to be Provided by BHN. In addition to those amounts set forth in subparagraph 13.1, BHN shall provide, over the same five (5) year period, One Hundred Twenty-Five Thousand ($125,000) worth of advertising time for OWNER's Recreation and Parks Department to be broadcast on insertable cable channels. Placement of these advertisements shall be at the discretion of the OWNER with the understanding that no more than Twenty Five Thousand dollars ($25,000) worth of advertising time may be placed in any one (1) calendar year. The channels for the placement of such advertising shall be chosen by mutual agreement of the parties. 14. TERM. Unless sooner terminated as herein provided, this Agreement shall commence upon January 1, 2006 and continue in effect for five (5) years. In the event OWNER receives any offer from any third party for any of the naming or other rights granted to BHN hereunder, BHN shall have the right to match such offer. Such new terms agreed to between OWNER and BHN shall be included as an amendment to this Agreement and shall take effect at the conclusion of the five (5)-year term. 15. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties; provided that BHN may, without the consent of OWNER, assign its rights and obligations hereunder (i) pursuant to a merger, acquisition, consolidation, sale or other transfer of all or substantially all of the assets or business of BHN or BHN's Bakersfield Division or (ii) to an affiliate of BHN. For the purposes of this paragraph, an "affiliate" of BHN means any entity which controls, is controlled by, or is under common control with, BHN, where "control" of an entity means ownership of 50% or greater of the equity of that entity or the ability to direct the management of that entity. OWNER shall use best efforts to cooperate with such assignee to amend the terms of this Agreement solely for the purpose of replacing all references to the BHN Marks with references to such assignee's marks, and in such event OWNER shall be reimbursed for its reasonable direct costs in changing or replacing any materials created by or on behalf of OWNER under paragraphs 5 and 9 herein. Notwithstanding any of the foregoing, in no event shall BHN assign this Agreement to any entity Which has in the eyes of the general public become so closely associated with unlawful business or financial practices or conduct constituting moral turpitude that connection to such entity due to this Agreement would materially adversely affect the reputation of or would cause substantial embarrassment to OWNER. 16. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 17. COMPLIANCE WITH ALL LAWS. BHN shall, at the sole cost of BHN, comply with all of the requirements of Municipal, State and Federal authorities now in force or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities, all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. License and Naming Rights Agreement with Bright House Networks, LLC 153181-v5 December 9, 2005 -- Page 6 of 13 Pages -- 18. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 19. COUNTERPARTS. This Agreement may be executed simultaneously or in one or more counterparts, each of which shall be deemed an original but all of which together constitute one and the same instrument. 20. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 21. GOVERNiNG.LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 22. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 23. INDEMNITY. 23.1. BHN shall indemnify, defend and hold harmless OWNER, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by BHN, BHN's employees, agents, independent contractors, companies or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for OWNER's sole negligence or willful misconduct. 23.2. OWNER shall indemnify, defend and hold harmless BHN and their respective officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by OWNER, OWNER's employees, agents, independent contractors, companies or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for BHN's sole negligence or willful misconduct. 24. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its License and Naming Rights Agreement with Bright House Networks. LLC 153181-v5 December 9, 2005 -- Page 7 of 13 Pages -- terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in .any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 25. NEGATION OF PARTNERSHIP. OWNER and BHN shall not become or be deemed a partner or joint venturer with any other party or associate in any such relationship with any other party by reason of the provisions of this Agreement. 26. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 27. NON-INTEREST. No officer or employee of OWNER or BHN shall hold any interest in this Agreement (California Government Code section 1090). 28. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows or at any other address designated by notice: OWNER: CITY OF BAKERSFIELD City Hall 1501 Truxtun Avenue Bakersfield, CA 93301 BHN: Joe Schoenstein, President BRIGHT HOUSE NETWORKS, LLC 3701 N. Sillect Avenue Bakersfield, California 93308 Telephone: (661) 323-4892 With a copy to: Arthur J. Steinhauer, Esq. Sabin, Bermant & Gould LLP 4 Times Square New York, NY 10036 Telephone: (212) 381-7000 29. RESOURCE ALLOCATION. All obligations of OWNER under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. License and Naming Rights Agreement with Bright House Networks. LLC 153181-v5 December 9, 2005 -- Page 8 of 13 Pages -- 30. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to the parties. The election of one or more remedies shall not bar the use of other remedies unless the circumstances made the remedies incompatible. 31. TAX EFFECT. None of the parties (nor such parties' counsel or accountants) has made or is making in this Agreement any representation to any other party (or such party's counsel or accountants) concerning any of the tax effects or consequences on the other party of the transactions provided for in this Agreement. Each party represents that it has obtained, or may obtain, independent tax advice with respect thereto and upon which it, if so obtained, has solely relied. 32. TAX NUMBERS. "BHN's" Federal Tax Identification No. "BHN" is a corporation? Yes No (Please check one.) 33. TIME. Time is of the essence in this Agreement. 34. TERMINATION. Either party may terminate this Agreement in the event of material breach of this Agreement by the other party, which breach remains uncured thirty (30) days after receipt by the breaching party of written notice of such breach. [Signature page to follow.] License and Naming Rights Agreement with Bright House Networks, LLC 153181-v5 December 9, 2005 -- Page 9 of 13 Pages IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "OWNER" "BHN" CITY OF BAKERSFIELD BRIGHT HOUSE NETWORKS, LLC By:. By: HARVEY L. HALL JOE SCHOENSTEIN Mayor President, Bakersfield Division APPROVED AS TO CONTENT: CiTY MANAGER'S OFFICE By: By: ALAN TANDY DAN~ELLE WADE City Manager VP Sales & Marketing APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ROBERT iVl. SHERFY Deputy City Attorney COUNTERSIGNED: By:. NELSON SMITH Finance Director RMS:dll Attachment: Exhibit "A," Logo Attachment: Exhibit "B," BHN Marks Attachment: Exhibit "C," Stage Sign Dimensions License and Naming Rights Agreement with Bdght House Networks. LLC 153181-v5 December 9, 2005 -- Page 10 of 13 Pages -- Exhibit A Logo [Attach or insert a copy of the Amphitheatre logo here.] License and Naming Rights Agreement with Bright House Networks, LLC 153181 -v5 December 9, 2005 -- Page 1 1 of 13 Pages -- Exhibit B BHN Marks [Attach or insert a copy of the BHN logo & design here.] License and Naming Rights Agreement with Bright House Networks, LLC 153181 -v5 December 9, 2005 -- Page 12 of 13 Pages Exhibit C Stage Sign Dimensions [Attach or insert diagrams here.] License and Naming Rights Agreement with Bright House Networks, LLC 153181 -v5 December 9, 2005 -- Page 13 of 1 3 Pages -- ~ _. ~1.,. ' ~--~_ ._ ~~~ ~ ~~~ .......... ~1, 44' .... /~. /7. ] ................ ~'~jean'~ls~r~' iRe: !nfo from Jacquie .." · Page 1~.1 From: Alan Tandy To: Jean Parks Date: 7/20/2005 2:53:20 PM Subject: Re: Info from Jacquie sure is! >>> Jean Parks 7/20/05 2:41:42 PM >>> Jacquie says we need to cancel Community Services Committee meeting scheduled for Monday, July 25th. Jacquie and Irma are both (2/3 of the Committee) going on the Sister City Trip to Queretaro Mexico leaving Thursday and not return until Tuesday, July 26th. Okay to cancel? From: Alan Christensen To: Dianne Hoover Date: 7/12/2005 5:16:55 PM Subject: community services I wil be on vacation until the 25th of July, but we have the referral from Jacquie to Community Services to look into a skateboard park. I need youto prepare a report on that subject. AT will have some insight as to what is needed. You can direct questions to him. The deadline is the Wed. before the 25th meeting. Thanks. CC: Amber Lawrence; Jean Parks AD N STR.ATIVE REPORT TO: Honorable Mayor and City Council APPROVED Alan Christensen, Assistant City Manager DEPARTMENT HEAD FROM: DATE: March 11, 2004 CITY ATTORNEY CITY MANAGFR SUBJECT: Community Services Committee Report (Ward 2) a. Close Beale Park Pool permanently and construct a wet playground in it's place b. Appropriate $365,000 Park Improvement Fund balance to the Capital Improvement Budget for construction of a wet playground at Beale Park c. Resolution determining that the wet play equipment for Beale Park cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $100,000. RECOMMENDATION: Community Services Committee recommends approval of the permanent closure of Beale Park pool and construct a wet playground, and of the appropriation. BACKGROUND: On February 28, 2005, the Community Services Committee met to discuss the condition of City pools, particularly that of Beale Park Pool. After providing a report on the condition of Beale Pool, staff recommended closure of Beale Pool and building a wet playground in its place. Beale is the oldest City pool. It was originally built in 1932. Over the decades, the pool has been modified and rehabilitated many times. The foundational aspects of the pool are old and failing: piping and filtration system, decking, electrical and pool surface. The Kern County Health Department insists that significant repairs must be made for it to open in spring 2005. They have informed us that basic repairs to correct water chemistry, water quality, and circulation are essential to "the health and welfare of bathers." The critical problem with Beale Pool is the lack of '~turnover." "Turnover" is the rate at which water circulates completely through the pumping system and pool. By code, water should turnover once every 8 hours. The turnover rate at Beale Pool .has grown to 12 hours. In September 2004, the Health Department informed us that Beale Pool could not be opened in 2005 unless the turnover rate improved to healthy levels. March 22, 2005, 3:29PM S:~Admin Rpts~00~Beale Pool Closing 3-30-05.doc AC:al Page I ADMINISTRATIVE REPORT We note that the County Health Department has been very cooperative on pools, and has used reason and judgment on code compliance issues. As a facility ages, however, health-related issues due to the frequency of water turnover get worse and worse over time. At 70 years of age, Beale has too great a health risk. The challenge is that repairs to fix the turnover problem will trigger other code violations that have been allowed to "grandfather." Necessary repairs on piping and pumping systems to improve turnover will require that we also repair the decking and install hand rails and handicapped access lift. Engineering staff estimates' that repairs would be at least $600,000, which would only bandage a very old facility that would need more significant repairs later. Maintenance costs at Beale are very expensive because of its old infrastructure and equipment. In FY 03- 04, Beale Pool had an operating loss of $70,638, or a subsidy of $18 per swimmer. Beale Pool also had the lowest attendance for recreation swim (4,011) of any City pool in 2004. Swim team and swimming lessons have been promoted at Beale, but there has been no public interest. There has not been a neighborhood swim team in many years. Because of age, traditional design and lack of modern amenities found at other pools, we expect attendance at Beale to decrease over time. Closing Beale Pool permanently and constructing a 3,900 square foot wet playground would cost approximately $365,000, including demolition of existing pool and nearby wading pool. Construction of the wet playground would take about five months after approval. Committee members asked about other alternatives to closing Beale Pool; specifically what if an activity pool were constructed at Beale Park much like the one at McMurtrey. Staff reported that that alternative would be expensive, costing approximately $2,280,000 for a facility 1~ the size of the one at McMurtrey. An activity pool would have significant impacts on the neighborhood by way of increased parking, noise, and lighting. Also, building an activity pool so close to McMurtrey (1~ miles away) would not be a prudent use of City dollars. The Committee asked how the public has reacted to the possibility that Beale Pool might be closed, since the media reported that possibility several months ago. Staff reported that they have had .no negative comments or calls from the public expressing concern. Staff indicated that they would continue to offer transportation from Beale Park to open pools for residents in the neighborhood, as was done last year when pools were closed. Councilmember Benham expressed concern about closing the pool in addition to losing Beale Park band concerts last year. She requested that the City reinstate the band concerts in 2005 so that the loss to neighborhood would be lessened. Vortex Aquatic Structures International Inc. (Vortex) is the only manufacturer of wet play parks equipment that meet all playground safety regulations including ASTM F 1487 (American Society for Testing and Materials). Vortex equipment is 100% stainless steel with replaceable brass nozzles for long life. All hardware is vandal and tamper resistant and all hardware, anchors bolts and accessories are stainless steel. Vortex offers the longest warranty in the industry with 25 years on all features. All surfaces are polished stainless steel finish for ease of maintenance and graffiti removal. All Vortex structures are non- climbable. March 22, 2005, 3:19PM S:~Admin Rpts~200~Beale Pool Closing 3-30-05.doc AC:al Page 2 ADiVllIN STRATIiVE REPORT Miracle Playground Sales of Southern California (Miracle) is the exclusive distributor of Vortex "Splashpads" for Southern California, Arizona and Nevada. Miracle has more splashpads designed and installed than all other vendors combined in Southern California. Vortex equipment is currently in use at Wayside Park and is currently being installed at Jefferson Park, Dr. Martin Luther King Park and Planz Park. Sufficient funds are currently available for this purchase in the Capital Improvement Projects budget The Community Services Committee unanimously to recommend to the City Council that we close Beale Pool permanently and begin construction immediately on a wet playground. The motion also includes a caveat that the Beale Park Band concerts be reinstated for 2005 and that City staff include funds in the FY 05-06 Budget to assist in paying for the concerts. In addition, staff recommends appropriating $365,000 fund balance from the Park Improvement Fund to pay for the wet playground. March 22, 2005, 3:19PM S:~,dmin Rpts~2005~Beale Pool Closing 3-30-05.doc AC:al Page 3 O ADNI N STRATIVE REPORT MEETING DATE: March 30, 2005 I AGENDA SECTION: Reports I ITEM: TO: Honorable Mayor and City Council APPROVED FROM: City Manager D;=PARTMI~NT HEAD Alan Christensen, Assistant DATE: March 11, 2004 CITY A'I'I'ORNEY CITY MANAGER SUBJECT: Community Services Committee Report (Ward 2) a. Close Beale Park Pool permanently and construct a wet playground in it's place b. Appropriate $365,000 Park Improvement Fund balance to the Capital Improvement Budget for construction of a wet playground at Beale Park c. Resolution determining that the wet play equipment for Beale Park cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $100,000. RECOMMENDATION: Community Services Committee recommends approval of the permanent closure of Beale Park pool and construct a wet playground, and of the appropriation. BACKGROUND: On February 28, 2005, the Community Services Committee met to discuss the condition of City pools, particularly that of Beale Park Pool. After providing a report on the condition of Beale Pool, staff recommended closure of Beale Pool and building a wet playground in its place. Beale is the oldest City pool. It was originally built in 1932. Over the decades, the pool has been modified and rehabilitated many times. The foundational aspects of the pool are old and failing: piping and filtration system, decking, electrical and pool surface. The Kern County Health Department insists that significant repairs must be made for it to open in spring 2005. They have informed us that basic repairs to correct water chemistry, water quality, and circulation are essential to "the health and welfare of bathers." The critical problem with Beale Pool is the lack of '~turnover." "Turnover" is the rate at which water circulates completely through the pumping system and pool. By code, water should turnover once every 8 hours. The turnover rate at Beale Pool has grown to 12 hours. In September 2004, the Health Department informed us that Beale Pool could not be opened in 2005 unless the turnover rate improved to healthy levels. March 22, 2005, 3:29PM S:~,dmin Rpts~2OO~Beale Pool Closing 3-30-05.doc AC:al Page 1 ADMIN STRATiVE REPORT We note that the County Health Department has been very cooperative on pools, and has used reason and judgment on code compliance issues. As a facility ages, however, health-related issues due to the frequency of water turnover get worse and worse over time. At 70 years of age, Beale has too great a health risk. The challenge is that repairs to fix the turnover problem will trigger other code violations that have been allowed to "grandfather." Necessary repairs on piping and pumping systems to improve turnover will require that we also repair the decking and install hand rails and handicapped access lift. Engineering staff estimates that repairs would be at least $600,000, which would only bandage a very old facility that would need more significant repairs later. Maintenance costs at Beale are very expensive because of its old infrastructure and equipment. In FY 03- 04, Beale Pool had an operating loss of $70,638, or a subsidy of $18 per swimmer. Beale Pool also had the lowest attendance for recreation swim (4,011) of any.City pool in 2004. Swim team and swimming lessons have been promoted at Beale, but there has been no public interest. There has not been a neighborhood swim team in many years. Because of age, traditional design and lack of modern amenities found at other pools, we expect attendance at Beale to decrease over time. Closing Beale Pool permanently and constructing a 3,900 square foot wet playground would cost approximately $365,000, including demolition of existing pool and nearby wading pool. Construction of the wet playground would take about five months after approval. Committee members asked about other alternatives to closing Beale Pool; specifically what if an activity pool were constructed at Beale Park much like the one at McMurtrey. staff reported that that alternative would be expensive, costing approximately $2,280,000 for a facility 1~ the size of the one at McMurtrey. An activity pool would have significant impacts on the neighborhood by way of increased parking, noise, and lighting. Also, building an activity pool so close to McMurtrey (11~ miles away) would not be a prudent use of City dollars. The Committee asked how the public has reacted to the possibility that Beale Pool might be closed, since the media reported that possibility several months ago. Staff reported that they have had no negative comments or calls from the public expressing concern. Staff indicated that they would continue to offer transportation from Beale Park to open pools for residents in the neighborhood, as was done last year when pools were closed. Councilmember Benham expressed concern about closing the pool in addition to losing Beale Park band concerts last year. She requested that the City reinstate the band concerts in 2005 so that the loss to neighborhood would be lessened. Vortex Aquatic Structures International Inc. (Vortex) is the only manufacturer of wet play parks equipment that meet all playground safety regulations including ASTM F 1487 (American Society for Testing and Materials). Vortex equipment is 100% stainless steel with replaceable brass nozzles for long life. All hardware is vandal and tamper resistant and all hardware, anchors bolts and accessories are stainless steel. Vortex offers the longest warranty in the industry with 25 years on all features. All surfaces are polished stainless steel finish for ease of maintenance and graffiti removal. All Vortex structures are non- climbable. March 22, 2005, 3:19PM I S:~Admin Rpts~2005~Beale Pool Closing 3-30-05,doc AC:al ~ Page 2 AD IJNISTRATIVE REPORT Miracle Playground Sales of Southern California (Miracle) is the exclusive distributor of Vortex "Splashpads" for Southern California, Arizona and Nevada. Miracle has more splashpads designed and installed than all other vendors combined in Southern California. Vortex equipment is currently in use at Wayside Park and is currently being installed at Jefferson Park, Dr. Martin Luther King Park and Planz Park. Sufficient funds are currently available for this purchase in the Capital Improvement Projects budget The Community Services Committee unanimously to recommend to the City Council that we close Beale Pool permanently and begin construction immediately on a wet playground. The motion also includes a caveat that the Beale Park Band concerts be reinstated for 2005 and that City staff include funds in the FY 05-06 Budget to assist in paying for the concerts. In addition, staff recommends appropriating $365,000 fund balance from the Park Improvement Fund to pay for the wet playground. March 22, 2005, 3:19PM S:~Admin Rpts~005~Beale Pool Closing 3-30-05.doc AC:al Page 3 ADMINIST TiVE REPORT I MEETING DATE: March 30, 2005 AGENDA SECTION: Consent ITEM: /o..~'.~,. TO: Honorable Mayor and City Council APPROVED FROM: Development Services Department DEPARTMENT HEAD ,~- DATE: March 4, 2005 CITY ATTORNEY /~'~ CITY MANAGER ~ SUBJECT: Lease agreement with County of Kern for use of real property in Northeast ~Bakersfield for a public park. (VVard 3) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: This lease assists in implementation of the Specific Parks and Trails Plan for Northeast Bakersfield. The, lease agreement with the county provides for a 99-year lease for ninety-nine dollars ($99.00) to establish an eight acre park site in the buffer zone for Kern County's China Grade Landfill. The site contains unique view shed characteristics and will connect to the trail system established with the specific plan. The Kern County Board of Supervisors approved the lease agreement on February 22, 2005. The agreement was originally drafted by ordinance and has been approved by the City Attorney's office. The buffer area has no landfill activity, past or present on it. The county Purchased the property from an adjacent landowner so homes could not be constructed near the landfill site. New subdivisions in the area will contribute development fees to develop the park, or the city could enter into an agreement with them for park development. The park will satisfy a demand for park acreage created by new development in the northeast. However, use of the landfill buffer zone will save the cost of purchasing eight acres. JM:pjt Admin\3-30-1easeagree Kern County AGREEMENT NO. LEASE OF REAL PROPERTY IN NORTHEAST BAKERSFIELD FOR USE AS A PUBLIC PARK (County of Kern - City of Bakersfield) THIS LEASE is made and entered into this ,~2~..~--~ day of ~'"~--'-~ ..~"' , by and between the COUNTY OF KERN, a political subdivision of the State of California, ("COUNTY" herein) and the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein). RECITALS WHEREAS, COUNTY owns certain real property, designated as Premises herein; and WHEREAS, Premises is within the corporate limits of the City of Bakersfield and is delineated as a park in CITY's adopted Specific Parks and Trails Plan for the Northeast; and WHEREAS, CITY desires to rent the Premises from COUNTY and develop the Premises as a public park when appropriate; and WHEREAS, CITY has made a physical inspection of the property prior to executing this Lease; and WHEREAS, COUNTY and CITY are willing to enter into this Lease for the designated Premises under the terms and conditions set forth below. NOW, THEREFORE, incorporating the foregoing recitals herein, COUNTY and- CITY mutually agree as follows: 1. THE PREMISES. COUNTY hereby leases to CITY, and CITY hereby leases from COUNTY, on an AS IS basis, the surface of the following described property in the County of Kern, State of California (the "Premises"): The Premises are shown and described more.particularly in Exhibit "A" (consisting of five (5) pages), which is attached hereto and incorporated herein by reference as though fully set forth. 2. TERM. The term of this Lease is for ninety-nine (99) full calendar years, beginning April 1,2005, and ending at midnight, April 1, 2104, unless sooner terminated as provided for in this Lease. Park Lease S:\NBOSA~eases and easements~JqELandfilI.Park.2.doc November 30, 2004 -- Page I of 7 - 3. RENT. Rental for the term of this Lease shall be a total of One Dollar ($1.00) per year for a total of Ninety-Nine Dollars ($99.00), all of which COUNTY acknowledges has been paid in full. 4. USE OF PREMISES. CITY will develop the Premises as a public park at such time when CITY determines is appropriate, given surrounding development in the area. The Premises shall be developed and used for the purpose of a public park and no other purpose. During the term of this Lease, CITY codes shall be enforced on the Premises. 5. OPERATIONS ON THE PREMISES. The development and maintenance of the Premises shall be conducted in accordance with CITY standards. 5.1 COUNTY shall have the right to enter and inspect the Premises at any time to ascertain that the terms of this Lease are being followed. 5.2 COUNTY makes no covenants or warranties respecting the condition of the soil or sub-soil or any other condition of the Premises. 6. WASTE OR NUISANCE. CITY shall not commit or permit the commission by others of any waste o'n the Premises; CITY shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 of the California Civil Code on the Premises; and the CITY shall not use or permit the use of the Premises for any unlawful purpose. 7. INSURANCE. CITY shall procure and maintain for the duration of this Lease, broad form commercial general liability insurance providing coverage on an occurrence basis for bodily injury, including death, of'one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 7.1 Provide contractual liability coverage for the terms of this Lease. 7.2 Contain an additional insured endorsement in favor of the COUNTY, its officers, agents, employees and designated volunteers. 7.3 The insurance required here under shall be maintained during the entire period, including any extension thereof, of the term of this Lease. 8. MAINTENANCE. Throughout the term, CITY shall, at CITY's sole cost and expense, develop the Premises as a public park and maintain the premises and all improvements in accordance with CITY standards. ~ 9. ACTS CONSTITUTING DEFAULT. Any or all of the following actions shall constitute a default of this Lease: Park Lease S:\NBOSA\Leases and easements\NELandfilI.Park.2.doc November 30, 2004 - Page 2 of 7 - 9,1. Use of the Premises 'for any purpose other than as authorized in this Lease; or 9.2. Abandonment or vacation of CITY from the Premises; or 9.3; With the exception of rent for which no notice is required, a default in the performance of any of the terms, covenants, or conditions hereof if not cured within sixty (60) days after prior written notice by COUNTY to CITY.- 10. TERMINATION. Either party to this Lease may terminate this Lease by 'giving the other party a minimum of 180 days notice. 11. OWNERSHIP OF IMPROVEMENTS. 11.1. Exclusion of Existing Improvement-~. Title to improvements on the Premises at the commencement date of this Lease are retained by COUNTY unless otherwise provided in the paragraph describing the Premises, and this Lease is subject to any rights of ownership in the improvements. The parties covenant for themselves and all persons claiming under them that the improvements are real property. 11.2. Ownership of New Improvements During Term. EXcept as otherwise stated, all improvements constructed on the Premises by CITY as permitted by this Lease shall be owned by CITY. 11.3. Ownership at Termination. At the expiration of the term of this Lease, unless the parties come to a mutually agreed upon arrangementl CITY has the option of removing all improvements or leaving them 'on the Premises, thereby resulting in reversion of said improvements to COUNTY. If said improvements are not removed within thirty (30) days after termination of this Lease, the improvements shall revert to COUNTY. 12. CITY'S DUTY TO SURRENDER. 12.1. At the expiration or earlier termination of the term, CITY shall surrender to COUNTY the possession of the Premises. Surrender or removal of improvements, fixtures, trade fixtures, and improvements shall be as directed in provisions of this Lease on ownership of improvements at termination. CITY shall leave the surrendered Premises and any other property in good and broom-clean condition except as provided to the contrary in provisions of this Lease on improvements. 13. ASSIGNMENT AND SUBLETTING. Neither this Lease, nor any interest in it, may be assigned, sublet or transferred by CITY without the prior written consent of COUNTY. Any such assignment, subletting or transfer will be subject to such terms and conditions as COUNTY may choose to impose. Any sublessee or assignee must agree, in writing, to abide by all the terms and conditions of this Lease pdor to the transfer of any interest herein. Park Lease S:tNBOSA\Leases and easements\NELandfilI.Park.2.doc November 30, 2004 - Page 3 of 7 - J 14. BINDING EFFECT. The rights and obligations of this Lease shall inure to the benefit of, and be binding upon, the parties to the Lease and their heirs, administrators, executors, personal representatives, successors and assigns. 15. COMPLIANCE WITH ALL LAWS. CITY shall, at CITY's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Lease, and shall faithfully observe in all activities relating to or growing out of this Lease all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 16. CORPORATE AUTHORITY. Each individual signing this Lease on behalf of entities represents and warrants that he/she is, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Lease. 17. EXECUTION. This Lease is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Lease. Section 1654 of the California Civil Code shall not apply to the interpretation of this Lease. 18. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Lease and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Lease shall prevail. All exhibits to which reference is made in this Lease are deemed incorporated in this Lease, whether or not actually attached. 19. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 20. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Lease and the intent of the parties to this Lease. 21. JOINT LIMITATION ON LIABILITIES AND INDEMNIFICATION. 21.1. Neither party shall be liable to the other party for any loss, damage, liability, claim or cause of action for damage to or destruction of property or for injury to or death of person arising from any act or omission of the other party's officers, agents or employees. 21.2. COUNTY and CITY agree to indemnify and hold each other harmless from any and all claims, demands, liabilities, losses or causes of action which arise by virtue of its own acts or omissions (either directly or through or by its agents, Park Lease S:\NBOSA~eases and easements\NELandfill. Park.2.doc November 30, 2004 -- Page 4 of 7 - officers, or employees) to such extent and in such part as the respective parties are found by reason of law to have proximately caused the injury or damage. ' 21.3. The party against whom any claim adsing from any subject matter of this Agreement is filed shall give prompt notice of the filing of the claim to the other party. 22. MERGER AND MODIFICATION. All pdor agreements 'between the parties are incorporated in this Lease which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Lease constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Lease. This Lease may be modified only in a writing approved and signed by all the parties hereto. 23. NEGATION OFPARTNERSHIP. COUNTY shall not become or be deemed a partner or joint venturer with CITY or associate in any such relationship with CITY by reason of the provisions of this Lease. CITY, nor COUNTY shall, for any purpose, be considered an agent, officer or employee of COUNTY. 24. CONFLICT OF INTEREST. The parties to this Agreement have read and are aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflict of interest of public officers and employees. The parties agree that they have no actual knowledge of any financial or economic interest of any public officer or employee of the COUNTY or CITY relating to this Agreement. The parties hereto shall comply with the requirements of Government Code Section 87100 et seq. during the term of this Agreement. 25. NOTICES. All notices relative to this Lease shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: COUNTY: COUNTY OF KERN Waste Management Department Attention: Daphne H. Washington, Director 2700 M Street, Suite 500 Bakersfield, CA 93301 Telephone: (661) 862-8900 CITY: CITY OF BAKERSFIELD Recreation and Parks Department .Attention: Alan Chdstensen, Interim Director 900 Truxtun Avenue Park Lease S:\NBOSA~eases and easements\NELandfill. Park.2.doc November 30, 2004 - Page 5 of 7 - Bakersfield, CA 93301 Telephone: (661) 326-3866 26. TAX NUMBERS. "CITY's" Federal Tax Identification No. 95-6000672 "CITY" is a corporation? Yes X No (Please check one.) 27. NO WAIVER OR DEFAULT. The failure of any party to enforce against another party any provision of this Lease shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Lease. 28. SINGULAR AND PLURAL. The singular number includes the plural whenever the context so requires. 29. PRE,JUDGMENT INTEREST. In the event of a default by any party to this Lease, the non-defaulting party shall be allowed to recover interest on all damages at the legal rate from the date of the breach. 30. MINERAL INTERESTS. COUNTY reserves the exclusive right to all minerals, including but not limited to, oil, gas and hydrocarbon substances, within or underlying said land, or that may be produced therefrom, and to prospect on said land for water and said minerals and to mine, drill for and remove the same. This Lease is made subject to restrictions and conditions of record, to any and all easements and rights-of-way to any and all outstanding interest in, and rights to, minerals and mineral ores, including but not limited to, oil, natural gases, hydrocarbon substances, geothermal steam, brines and minerals in solution and sand, grayel and aggregates, in and underlying the leased Premises. 31. NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that the enforcement of these terms and conditions, and all rights of action relating to such enforcement, shall be strictly reserved to COUNTY and CITY. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of COUNTY and CITY that any such person or entity, other than COUNTY or CITY, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. Park Lease S:\NBOSA\Leases and easements\NELandfilI.Park.2.doc November 30, 2004 - Page 6 of 7 - IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed, the day and year first-above written. "CITY" "COUNTY" CITY OF BAKERSFIELD COUNTY OF KERN By: By: i~~,~ HARVEY L. HALL, Mayor CHA Board of Supervisors FEB ~ ~ 200,5 APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: RECREATION AND PARKS KERN COUNTY WASTE DEPARTMENT MANAGEMENT By: By: ALAN CHRISTENSEN DAiSHNE WASHINGT(:~N Interim Director Director APPROVED AS TO FORM: APPROVED AS TO CONTENT: VIRGINIA GENNARO COUNTY ADMINISTRATIVE OFFICE City Attorney VIRGINIA GENNARO /////-' .-~-.~ WILLIAM A. WILliWAW'KS V City Attorney Assistant CAO for General Services Division Insurance: COUNTERSIGNED: APPROVED AS TO FORM: OFFICE OF COUNTY COUNSEL By: Bye__ _ GREGORY J. KLIMKO MARTIN LEE Finance Director Deputy Attachments: Exhibits "A" and "B" Park Lease S:\NBOSA\Leases and easements\NELandfill. Park.2.doc November 30, 2004 -- Page 7 of 7 - LEASE OF REAL PROPERTY IN NORTHEAST BAKERSFIELD FOR USE AS A PUBLIC PARK (County of Kern - City of Bakersfield) EXHIBIT A Consisting of the Following · General Location Map (Page 1) Legal description for park property (Page 2-3) · Map of legal description for park property (Page 4) · Aerial photo or'park location (Page 5) Proposed Par~ Location Northeast Open Space Plan Proposed Park Section 1 T 29 S - R 29 E Park Property -Kem County Landfill Buffer Area (China Grade Site) All that portion of that certain parcel of land denoted as Parcel 1 as described in Document #0201094144, recorded July 6, 2001 in the office of the Kern County Recorder, lying within Section 1, Township 29 South, Range 29 East MDB&M, County of Kern, State of California, being a parcel of land more particularly described as follows: Commencing at the Southwest comer of Section 1, Township 29 South - Range 29 East; THENCE S 89047'02.' E along the south line of said section, 1,339.89 feet more or less to the southeast comer of the southwest ¼ of the southwest ¼ of said section 1; THENCE N 00058'24'' E along the east line of the southwest ¼ of the'southwest ¼ of said section, 660.89 feet more or less to the northeast corner of the south ½ of the southwest ¼ of the southwest ¼ of said section. Said point also being the southeast comer of said Parcel 1 of Document/10201094144 and the TRUE POINT OF BEGINNING; THENCE (1) continuing north along the east line of the southwest ¼ of the southwest ¼, N 00058'24'' E, 539.11 feet more or less to the northeast comer of said Parcel 1 of Document #0201094144; THENCE (2) N 89047'02" W along the north line of said Parcel 1 of Document /10201094144, 544.57 feet; TH ENCE leaving the north line of said Parcel 1 of Document #0201094144, southwesterly and southeasterly along courses (3) through '(36) to a point on the south line of said Parcel i as follows: THENCE (3) S 36046'42'' W, 26.86 feet; THENCE (4) S 26043'30'' W, 57.32 feet; THENCE (5) S 53°25'15'' W, 39.10 feet; THENCE (6) S 69006'37" W, 57.76 feet; THENCE (7) S 89050'47'' W, 51.85 feet; THENCE (8) S 89°35'21'' W, 35.69 feet; THENCE (9) S 53039'09'' W, 16.41 feet; THENCE (10) S 39042'03'' W, 52.64 feet; THENCE (11) S 58°46'10" W, 50.20 feet; THENCE (12) S 75042'24'' W, 2.8.18 feet; THENCE (13) S 46°23'41'' W, 16.12 feet; THENCE (14) S 50052'32" E, 6.62 feet; THENCE (15) S 67024'58.' E, 24.77 feet; THENCE (16) S 34025'37'' E, 12.74 feet; THENCE (17) S 16035'39.' E, 22.48 feet: THENCE (18) N 64010'48" E, 12.86 feet; THENCE (19) N 21°35'49'' E, 27.01 feet; THENCE (20) N 60o39'44" E, 45.17 feet; EXHIBIT A - PAGE 2 THENCE (21) S 69° 17'48" E, 46.77 feet; ~ THENCE (22) S 19039'59'' E, 28.83 feet; THENCE (23) S 04°01'16'' W, 16.64 feet; THENCE (24) S 83041'45'' E, 38.35 feet; THENCE (25) S 58019'07'' E, 33.68 feet; THENCE (26) S 29055'39'' E, 23.92 feet; THENCE (27) S 10°20'16'' W, 39.82 feet; THENCE (28) S 64003'02'' E, 24.47 feet; THENCE (29) S 22o32'23'' E, 22.81 feet; THENCE (30) S 05041'39'' W, 33.48 feet; THENCE (3 I) S 56027'30'' E 29.22 feet; THENCE (32) S 54o58'06'' E 32.85 feet; THENCE (33) S 62°54'17'' E 30.88 feet; THENCE (34) S 75°42'26'' E 46.25 feet; THENCE (35) S 36042'35'' E 28.05 feet; THENCE (36) S 09o47'36'' E 45.57 feet more or less to a point on the south line of said Parcel 1; THENCE (37) easterly along said south line, S 89047'02'' E, 477.03 feet more or less to the TRUE POINT OF BEGINNING. Containing 7.998 acres (more or less) /o - '/,.$- od EXHIBIT A - PAGE 3 Norl~east Open Space Plan Proposed Par~ Section 1 T 2~) S - R 2~) E . ~ Course Detail 1"= 100' 40 80 120 Feet Proposed Park Location Southwest Comer Sec. f T 29 S - R 29 E Northeast Open_ ,_Soace Plan Proposed Par~ S89d 47'02"E ' t339.89 feet Section I T 29 S. R 29 E - 200 0 200 400 Feet rtl 1"= 400' !Jean parks ;Re: Commun ty Services Com~'itte~'-M~eti~-~i"'"i .......................................................................................... Page From: Alan Christensen To: Jean Parks Date: 3/28/2005 4:12:45 PM Subject: Re: Community Services Committee Meeting no others that I know of. But we have a community meeting on landscaping block walls to reduce graffit on April 6th, so we won't need to have a meeting on the 4th. >>> Jean Parks 3/28/2005 9:04:56 AM >>> There is a Community Services Committee meeting scheduled for next Monday, April 4th. We may get referrals from Wednesday's Council meeting. The only referral that I have not closed was the Landscaping on Block Walls. Was that finished? O ADM NISTRATIVE REPORT TO: Honorable Mayor and citY Council · APPROVED FROM: Alan Christensen, Assistant CitY Manager DEPARTMENT HEAD ~/~/-~__~' DATE: February 28, 2005 CITY ATTORNEY CITY MANAGER SUBJECT: Naming of Park at Stockdale Highway & .Buena Vista Road (Ward 4) RECOMMENDATION: Committee recommends acceptance of report. BACKGROUND: On February 28, 2005, the CommunitY Services Committee considered a proposal to name the newest city park located near the intersection of Stockdale Highway & Buena Vista Road, which is now under construction. David Couch, Councilrnember Ward 4, in whose ward the park resides, has been working with developer, Castle & Cooke, and the Kern River Parkway Committee to choose an acceptable name. The name that was recommended to the committee by Councilmember Couch is 'q'he Park at Riverwalk." The committee voted unanimously in favor of the name and is recommending approval by the full City Council. March 1, 2005, 1:25PM C:\Documents and Settings~achriste\Desktop~naming of park-stockdale&buena vista admin.doc /f.