CC Resolution 13292 - Campbell Pony Baseball League Use of Field, Concession Building, JDMRESOLUTION NO. 13292
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING
AN ADDENDUM TO THE LICENSEE AGREEMENT AND CONCESSION AGREEMENT
TO CAMPBELL PONY BASEBALL LEAGUE FOR USE OF THE ENCLOSED
BASEBALL FIELD AND ASSOCIATED AREA (BLEACHERS, DUGOUTS, AND
SEASONAL BATTING CAGE) AND CONCESSION AREA OF BUILDING AT JOHN D.
MORGAN PARK FOR THREE YEARS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ADDENDUMS
WHEREAS, the City of Campbell and Campbell Pony Baseball League, a 501 c3 non-profit
organization, have a long history of collaboration; and
WHEREAS, Campbell Pony Baseball League has been headquartered at Rincon Park,
later named John D. Morgan Park since 1969; and
WHEREAS, the first formal agreement between the City of Campbell and Campbell Pony
Baseball League was developed in 1975 and updated periodically; and
WHEREAS, the agreement provides exclusive use of the enclosed field to Campbell Pony
Baseball League and the enclosed field is not rentable to other field users; and
WHEREAS, the most recent agreement between the City of Campbell and Campbell Pony
Baseball League expires on June 30, 2025;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Campbell hereby
approves an addendum to the existing licensee agreement and concession agreement to
Campbell Pony Baseball League for use of the enclosed baseball field and associated area
(bleachers, dugouts, and seasonal batting cage) and concession area of building at John
D. Morgan Park for a term of three years expiring on June 30, 2028 and authorizes the City
Manager to execute said addendums.
PASSED AND ADOPTED this 3rd day of June by the following roll call vote:
AYES: Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED�� "",
Ser Lopez, or
ATTEST:
Andrea Saunders, City Clerk
LICENSE AGREEMENT
THIS IS AN AGREEMENT is made and entered into this Vt day of July 2022
("Effective Date") by and between the CITY OF CAMPBELL ("Licensor or City") and
CAMPBELL PONY BASEBALL LEAGUE ("Licensee") for license of certain portions of
real property andfacilitieson theterms and conditions setforth hereinafter. All Licensee
concerns pertainingto this license should be directed to the Licensor or its designated
representative. Licensor and Licensee may also be identified individually as "Party" or
collectively as the "Parties."
IT IS AGREED between the parties as follows:
SECTION ONE: Subject and Purpose
Licensorgrantsto Licensee an exclusive license ("License")foruse of the following
described real property and/or facilities; situated at:
Enclosed Baseball Field and Associated Area
(bleachers, dugouts, and seasonal batting cage)
and Concession Area of Building
at John D. Morqan Park, 540 W. Rincon Avenue
Campbell, California
("the LicenseArea," as shown in the attached Exhibit A)
The License Area shall be used only for purposes consistent with the zoning
district. The Licensee must maintain and restrict all uses, operations and activities that
arise from such License Agreement to comply with applicable City, County and State
laws, applicable policies, and all rules and regulations of the John D. Morgan Park.
Licensee shall be solely responsible forsecuring any permits where required.
The following uses are prohibited: (a) the serving, use, and/or sale of alcoholic
beverages and illegal drugs; (b) the conduction of games of chance on the premises.
Licensee shall respect the fights and privileges of patrons, the public, users of
adjacent recreational facilities, and adjacent residents and properties. Languagethat is
obscene, defamatory, vulgaror profane,or likelyto provoke a violent reaction; or that
promotes or perpetuates discrimination on the basis of race, creed, color, age, religion,
gender, sexual orientation, or national origin shall be prohibited.
Licensee may operate a food/snack bar concession from the Concession Area of
the License Area, underthe terms and conditions set forth in the attached Concession
Agreement (ExhibitB), approved and set forth by Licensor.
Licensee shall be allowed to construct its temporary batting cage at John D.
Morgan Park, adjacent to the pony field during the period between February 15th and
August 15th of each year, to coincide with the Spring/Summer hardball season. The use
of hardballsis restricted to the LicenseArea and shall not be thrown in open publicareas.
These conditions mayonlybe altered by written request and subsequent approval ofthe
City's Director of Recreation and Community Services Department.
Licensee agrees to comply with Licensor's Field Use Policy (available at
https://www.campbelica.aov/DocumentCenterNiew/894/Park-Field—Athietic-Field-Use-
Policy?bidld.=)andto continue to submit annual requestsfor field use, subject to annual
administrative processing fees.
Licensee may host up to two tournaments per year where team and/or spectator
entry fees are collected and forthe purpose of raising funds to su pportannual fees. Said
tournaments must be scheduled and permitted by the Recreation and Community
Services Department at least 3 months in advance.
SECTION TWO: Use of the Site by the Public
The Licensor agrees to make available to the Licensee the following described
property, being a part of this License Agreement: the enclosed baseball field, its
bleachers, dugouts, and seasonal batting cage, booth and
le, as well as the scoring
concession area of the adjacent building, as described above and illustrated in ExhibitA
for Licensee's exclusive use as well as use of the adiacent parking lots, patios,..public
restrooms and common areas for Licensee's non-exclusive use. Authorization forsuch
use shall be at the sole discretion of the Licensor and in accordance with the regulations
and policies established by the Licensor.
The Licensee may apply to use additional specificgrounds or green areas at dates
and times where such use is not in conflict with the use by another authorized
individual/organization pursuantto this section. The Licensor shall have the sole power
to issue such permits. Any application/requestfor use of grounds will be directed to the
Licensor, who will determine if issuance of the use permit would conflict with other
scheduled uses of the premises. Upon determination that no conflict would result, the
Licensor will issue the authorizing permit and provide the affected Licensee with an
informational copy. Applicable field use fees will apply per the City's adopted fee
schedule.
SECTION THREE Access to Premises; Signs Posted by Owner;
Use of Promises
(A) Use Of Premises
The premises shall be used and occupied only for the following purpose(s):
baseball Practice and play, concession, spectator seabnq,-and storage space for
Campbell Pony Baseball League, and related activities ("Permitted Use"), and for no
other purpose(s). Licensee's operations and activities shall not begin priorto7:30am and
shall conclude by sunset, unless otherwise approved in advance by Licensor.
Licensee shall provide an itemized summary of all hazardous materials (helium,
propane, gasoline, insecticides, etc.) to be stored on the premises. Hazardous materials
shall be stored properly according to Cal -OSHA safety regulations. Any unauthorized
use shall be a breach of this License.
(B) Access To Premises
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Licensee shall permit Licensor or their agents or employees to enter the License
Area at all reasonable hours to inspect the premises or make repairs that Licensee may
neglect or refuse to make in accordance to the provisions of the License. Licensee agrees
not to obstruct the sidewalks, entry passages, halls or stairways and will use the same
only as passages, and means of passage to and from its respective areas.
Licensee shall not change any of the keys or locks on any of the Licensee's
premises without the prior consent of the Licensor, and shall provide Licensor with two
sets of keys to all locks placed on Licenser's premises,
Licensor reserves the rightto modify portions of the John D. Morgan Park building
from time -to -time as the City of Campbell sees fit to best serve the City. While Licensor
will use reasonable efforts to minimize disruption to Licensee as a result of these
modifications, Licensor represents, and Licensee acknowledges, that some disruption
may occur as a result, including but not limited to: blocked or restricted access to
Licensee's space; reduction, reallocation, or disruption to available parking; and
temporary disruption to utility service. Licensee waives any and all claims, actions and
causes of action that Licensee may have against Licensor due to any loss or disruption
arisingoutof the aforementioned modification, and agrees to indemnify, defend,and hold
Licensor harmless from any loss, injury, claims, action, cause of action or cost (including
but notlimited to court costs and attorney's fees) arising outof, or alleged to have arisen
Out of any such modification, unless the claim, action, or cause of action is the proximate
result of the sole negligence orwillful misconductof Licensor.
(C) S i_qn s
Licensee may not place or permit to be placed in, upon, about, or outside of the
License Area any sign visible from the street, withoutthe prior written consent of the
Licensor, and approval by the City of Campbell's Recreation and Community Services
Director. Requests for signage must be submitted in writing, in advance, with sample
illustration indicating size, color, and materials proposed for sign. Should Licensee's sign
request be approved, Licensee is further responsible to obtain all the necessary permits
or approvals that maybe required for the erection and maintenance of any and all signs,
provided such signs are legally permitted to be installed.
Licensee shall refrain from attaching temporary signs, flyers, or other information
to the outside of the building, on poles, benches, or other facility equipment.
Licensor reserves the right to change the sign regulations upon sixty (60) days
written notice to Licensee. Licensee must strictly comply with all such regulations.
(D) Other Use Provisions
Licenseeshall, at its sole cost and expense, comply with all Federal, State, County
and municipal statutes, ordinances and regulations in force during the term ofthisLicense
Agreement and affecting the premises. Further, Licensee shall not use the premises so
as to create waste or constitute a nuisance ordisturb adjacent residents.
Licensee agrees that it will comply with and observe such rules and regulations
promulgated by Licensorforthe saving of energy, and conservation of resources such as
drawing of curtains or blinds at designated hours of the day, setting of thermostats,
recycling, and the like.
Licensee acknowledges that neither Licensor nor any representative or agent
thereof has made any representation or warranty to Licensee's business.
SECTION FOUR: Term and Fee
(A) Term: Licensor licenses the above premises for a term of three years,
commencing on July 1, 2022 and terminating on June 30, 2025. License is subject to
fu rtherextension/renewal upon mutual written agreement by both parties.
(B) Fee.- The Licensee shall pay to Licensor in year 1 a fee of $1016 (one
thousand sixteen dollars) plus the actual cost of electricity. In year 2 and 3 the
annualfee shall be adjusted by 3% each year. Water, sewer, and trash removal utilities
shall be included in the fee. Licensee shall be responsible for the actual cost of electrical
utilities as monitored by the electric current meter installed inside the License Area.
Licensor will invoice Licensee for the cost of electrical utilities, which will be charged at
$0.27/kwh. Licensor shall maintain Reznor heater. No air conditioning will be provided
or installed at this facility.
(C) Deposit: An amount equal to $250.00 shall be deposited as a damage
deposit prior to the beginning of the term of this License Agreement. The Licensee must
deliver both the damage deposit and first year's fee to the CITY OF CAMPBELL prior to
occupancy. It is understood that this deposit will be returned to the Licensee at the
termination of this License, providedthatthe premises are leftin as good con difion, order,
and repair, subject to normal wear and tear, as when Licensee took possession thereof.
Licensee hereby acknowledges that said demised premises are in good order and repair
at the time of occupancy. Any portion of the depositmay be retained by the Licensorthat
he/she determines to be necessary to restore premises to the same condition as they
were in when Licensee took possession. The Licensor has the right to use this deposit
to remedy Licensee's defaults in the payment of rent, repair damages to the premises
caused by the Licensee, or clean premises on termination of the License.
(D) Payment: Fees shall be paid by check, cash, or cashiers check to the CITY
OF CAMPBELL, at the Campbell Community CenterOff ice, One West Campbell Avenue
#C-31, Campbell, CA 95008-1039.Annual fees are due on the first day of July each
year. Payment of monthly electrical utility fees are due the first day of each month. If
payment is not received within ten (10) days of the due date, a ten percent (10%) late
penalty shall be added to the total amount past due. The 10% shall apply to all
outstanding fees, including currentfee, past due fee, work orders, and accumulated late
charges.
SECTION FIVE: Termination
Either Party may terminate this Agreement by providing written notification to the other
Party, at least 30 days in advance of the effective date of termination.
SECTION SIX: Additional Fee and Possessory Interest Taxes
All taxes, charges, costs, and expenses that Licensee assumes or agrees to pay
hereunder, together with all interest and penalties that may accrue thereon in the event
of the failure of Licensee to pay those items, and all other damages, costs, expenses,
and sums that Licensor may sufferor incur, or that may become due, by reason of any
default of Licensee to comply with the terms and conditions of this License shall be
deemed to be additional fee, and, in the event of nonpayment Licensorshall have all the
rights and remedies as herein provided for failure to pay fee.
In the eventa possessory interesttax accrues to the property, it is understood that
the Licensee shall pay all such tax in its entirety, on or before due date and as for
additional fee.
In the event of an increase in operating expenses (e.g.: utilities, water, garbage,
janitorial) that Licensor may incur, such expenses shall be transferred proportionately to
the Licensee based upon the percentage which the Licensee's square footage bears to
the building square footage of all uses of the service in the entire premises. The Licensor
shall provide, upon written requestfrom the Licensee, documentation of the necessityfor
the increase. Any increase in operating expenses transferred to the Licensee shall be
deemed additional fees, and in the event of nonpayment, Licensor shall have all rights
and remedies as herein provided forfailureto pay fee.
SECTION SEVEN: Alteration, Additions and Improvements
(A) Licensee must obtain written permission from the Licensor before making
any alterations, additions, or improvements in and to the License Area. Alterations shall
be performed in a workmanlike manner and shall not weaken or impair the structural
strength, or lessen the value of the building on the premises, or change the purpose for
which the building, or any part thereof, may be used.
(B) Conditions with respect to alterations, additions, or improvements are as
follows:
(1) Before commencementof anywork, all plans and specifications shall
be filed with and approved by all governmental departments or authorities having
jurisdiction and any publicutilitycompany having an interest therein, and all work shall be
done in accordance with requirements of local regulations and California building codes
and standards. The plans and specifications for any alterations estimated to cost Five
Hundred Dollars ($500.00) or more must be submitted to Licensor for written approval
prior to commencing work.
(2) Priorto commencementof anywork, Licensee shall paythe amount
of any increase in premiums on insurance policies provided for herein because of
endorsements to be made covering the risk during the course of work. In addition, if the
estimated cost of work shall exceed One Thousand Dollars ($1,000.00), Licensee shall,
withoutcostto the Licensor, furnish Licensorwith a performance bond written by a surety
acceptable to Licensor in an amountequ alto the estimated cost of the work, guaranteeing
the completion of work, free and clear of liens, encumbrances, and completion of work,
free and security interests, according to the approved plans and specifications.
(C) All alterations, additions, and improvements made to the License Area at
the commencement of the term, and those that may be erected or installed duringthe
term, shall become part of the LicenseArea and the sole property of Licensor, except that
all moveable trade fixtures installed by Licensee shall be and remain the property of
Licensee. Licensor shall havethe rightto require Licensee to remove such fixtures atthe
Licensee's expense upon termination or expiration of this License.
SECTION EIGHT. Utilities, Maintenance, Custodial Serylices& Repairs
(A) Licensor shall be responsible for the major exterior maintenance of the
building, i.e. building structure, roof, sewer, parking areas and grounds, and for plumbing
maintenance in excess of Two Hundred Fifty Dollars ($250.00), unless state of disrepair
is due to the actions of Licensee, its agents, officials, officers, employees, or clients. All
plumbing maintenance less than Two Hundred and Fifty Dollars ($250.00), and all
maintenance due to a state of disrepair arising from the actions of the Licensee, its
agents, officials, officers employees, or clients, shall be charged to the Licensee as an
additional fee. In such event, necessary repairs or replacement shall be charged to
Licensee on an actual cost basis plus fifteen percent (15%) overhead costs. Licensee
shall at its own cost be responsiblefor interior maintenance including but not limited to
clocks, floors, walls, lock changes, public address system and general electric
maintenance up to Two Hundred and Fifty Dollars ($250.00) per occurrence and shall
use all reasonable precaution to prevent waste, damage or injuryto the License Area. In
the event Licensee requests Licensor' to perform interior maintenance service, said
services maybe provided at the actual cost plus fifteen percent(l 5%) overhead. Licensor
shall not be liable for any failure to make any repair or for any damages to Licensee, its
property or business resulting therefrom or to perform any maintenance unless such
failure shall persist for any unreasonable time after written notice of the need of such
repair or maintenance is given to Licensor by Licensee.
(B) Licensee shall be responsible for all routine day-to-day maintenance ofthe
License Area, including daily cleaning and removal of trash, repairs to doors, windows,
counters, shelves, sinks, plumbing, electrical, and cleaning of floors, etc. Licensee shall
provide its own custodial supplies and services and daily trash removal to maintain the
License Area, including concession area, fields, bleachers, dugouts, fences, storage
rooms, lavatory, and associated equipment and areas. Licensee shall at all times during
the License and at its own cost and expense, repair, replace and maintain good, safe and
substantial conditions within the License Area and to any improvements, alterations, and
additions thereto. See Exhibit C fordetalled maintenance responsibilities of the Licensor
and Licensee.
(C) Upon thirty (30) days prior written notice to Licensor and written approval
from Licensor, Licensee may install additional electric machines or equipment using
current in excess of 110 volts and other equipmentwhich will increase the amount of
electricity, gas, or water usually furnished or supplied to the portion of the LicenseArea
being used as general storage orconcession space; provided thatin such event, Licensor
may cause a water meter, a gas meter, or an electric current meter, or all, to be installed
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in the License Area, so as to measure such increase, after at least ten (10) days prior
written notice to Licensee. Licensor may condition Licensee's use of any such machines
or equipment upon prompt payment by Licensee of extra costs occasioned thereby, as
established by such meters or otherwise reasonably estimated by Licensor. The cost of
purchase, installation, maintenance and repair of such meters and of any additional
wiring, plumbing and other work required to provide electricity or water for such
equipment, as well as charges for extra water and electric current consumed, shall be
borne and paid by Licenseewithin ten (10)days after such noticethereof by Licensor. All
such costs, charges and expenses shall be deemed additional fee hereunder. Licensee
shall not connect with electric current, except through existing electrical outlets in the
premises or with water pipes or air pipes (if any), any apparatus or devise forthe purpose
of using electric currentor water or airwithoutprior written approval of Licensor,
(D) Notwithstanding anything contained herein to the contrary, Licensor makes
no representations or warranties about the services provided by public utilities or other
third -parties beyond Licensor's control, and Licensor shall not be liable for any loss or
disruption of service caused by circumstances beyond Licensors control, Licensee
acknowledges that disruption of utility service can happen, and assumes all risk of such
disruption, andwaivesany andall claims, actions and causes of action that Licenseemay
have against Licensordue to any loss or disruption of service beyond Licensor's control,
and agrees to indemnify, defend, and hold Licensor harmless from any loss, injury,
claims, action, cause of action or cost (including but not limited to court costs and
attorney's fees)arising outof, or alleged to have arisen outof any such loss or disruption
in service, unlessthe claim, action, or cause of action is the proximate result of the sole
negligence orwillful misconductof Licensor.
SECTION NINE: Indemnity
Licensee agrees to indemnify, hold harmless and defend Licensor, its officers,
officials, employees and agentsfrom anyclaims, liability,loss, damage, actions or causes
of action, costs and expenses (including attorneys' fees) by or on behalf of any person or
entity (collectively, "Claims") arising out of or connected with then entry on, occupancy,
or use of the License Area underthis License Agreement by Licensee its agents, officials,
officers or employees, or for any mechanic's lien or security interest filed against the
LicenseArea or equipment, materials, or alterations of building or improvements thereon,
except for anyclaims, liability, loss, or damage proximately cau sed by the sole negligence
or willful misconduct of Licensor. This provision is intended to fully and completely
allocate all liability or risk of loss as between the Licensor and the Licensee as to the
matters covered by this paragraph, and Licensee shall have no right of indemnity or
contribution against Licensor in law or equity, or otherwise as to the matters covered
herein. The obligation to defend shall arise regardless of any claim or assertion that
Licensor caused or contributed to the Claims. This Section shall survive the expiration or
early termination of this License.
SECTION TEN: Insurance and Damage to the Premises
(A) Insurance: Prior to the beginning of and throughout the duration of the
License Agreement, Licensee will maintain and comply with the Insurance Requirements
asset forth in Exhibit D. Licensee will insure the City against claims for injuries to persons
or damages to property which may arise from or in connection with this License
Agreement. The insurance coverages required shall not in anyway limit the liability of the
Licensee. The coverage requirements can be satisfied by self-insurance or pooled risk
plans that provide comparable coverage.
Licensee agrees to require any subcontractor engaged by the Licensee in the
performance of baseball practice and play, concession, spectator seating, and storage
spacefor Campbell Pony Baseball League,and related activities to complywith the City's
Insurance requirements, including but not limited to, the subcontractor's commercial
general liability insurance policy naming the City, its officials, officers, employees, and
agents as additional insureds. Licensee must provide the required certificate of insurance
and endorsements by its subcontractor(s) to the City prior to commencementof any use
of the License Area related to this License Agreement.
Licensor shall not be responsible for providing fire insurance covering the leased
premises, If Licensee desires such coverage, Licensee must procure such coverage at
Licensee's own expense.
(B) Damage or Destruction of the Premises: In the event the Licensed
premises are damaged or destroyed by fire, or other cause, the Licensor may at its option,
either (1) cancel and terminate this License by givingwritten notice to the Licensee, or (2)
repair or restore the premises to substantially the same condition as they were in prior to
said damage or destruction.
SECTION ELEVEN: Unlawful or Dangerous Activities
Licensee shall neither use noroccupy the License Area or any part thereof for any
unlawful, disreputable, or ultrahazardous purpose, noroperate or conduct its business in
such a manner as to constitute a nuisance of any kind. Licensee shall immediately, on
discovery of any unlawful, disreputable, or ultrahazardous use, take action to halt such
activity.
SECTION TWELVE: Default or Breach
Each of the following events shall constitute a default or breach of this License by
Licensee:
1. If Licensee, or any successor or assignee of Licensee while in
possession, files a petition of bankruptcy or insolvency orfor reorganization
underany bankruptcy act, or voluntarilytakes advantageof anysuch actby
answeror otherwise, or makes an assignment for the benefitof creditors.
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2. If involuntary proceedings under any bankruptcy law or insolvency
act are instituted against Licensee, or if a receiver or trustee is appointed of
all or substantially all of the property of the Licensee, and such proceedings
are not be dismissed within thirty (30) days after the institution or
appointment.
3. If Licensee fails to pay Licensor anyfee, (additional fee or work order
when they become due) and does not make the payment within fifteen (15)
days after noticethereof by Licensorto Licensee.
4. If the Licensee fails to perform or comply with any of the conditions
of this License and if the nonperformance continues for a period of fifteen
(15) days after written notice thereof by Licensor to Licensee or, if the
performance cannotbe reasonably had within thefifteen dayperiod.
5. If Licensee vacates, surrenders, or abandons the License Area.
6. If this License or the estate of Licensee hereunder shall be
transferred to or passes to ordissolveson anyother person or party, except
in the mannerherein permitted.
7. If Licensee fails to take possession of the License Area on the term
commencement date,
8. If the Licensee makes any assign mentfor the benefit of creditors or
without first obtaining priorwritten consentof Licensor.
9. If the Licensee fails to maintain insurance coverage as required by
thisAgregiment.
10. If there is a levying of a writ of execution on the activity of the
Licensee or on the assets of Licensee located on the premises.
SECTION THIRTEEN: Effect of Default or Breach
In the event of anydefaultor breach hereunder, as set forth in the section entitled
Defaultor Breach, the rights of Licensorshall be as follows:
1. Licensor may elect to continue this License in full force and effect and not
terminate Licensee's rights to possession of the premises, in which event Licensorshall
have the right to enforce any rights and remedies granted by this License or by law,
against Licensee, including, without limitations, the right to collect when due, fees and
other sums payable hereunder. Licensor shall not be deemed to have elected to
terminate unless Licensorgives Licenseewdften notice of such election to terminate, and
in no event shall Licensors acts of maintenance or preservation of the License Area, or
efforts to re -license this License, be deemed to constitute such termination,
2. (a) Licensor shall have the right to cancel and terminate this License, by
giving to Licensee not less than ten days' written notice of the cancellation and
termination. On expiration of the time fixed in the notice, the License shall terminate In
the same mannerand with the same force and effect, except as to Licensee's liability, as
if the date fixed in the notice of cancellation and termination were the end of the term
herein originally determined.
(b) In the event that the fee on the property has been due and unpaid for at least
14 consecutive days and the Licensor reasonably believes that the Licensee has
abandoned the property, Licensor shall have the right to cancel and terminate this
License, as well as of the right, and interest of Licensee hereunder, by giving to Licensee
not less than 18days' notice of the cancellation and termination, not less than 15days if
the notice is served personally, If Licensee fails to provide a written response to Licensor
on expiration of the time fixed in the notice, the license and the right, and interest of
Licensee hereunder, shall terminate in the same manner and with the same force and
effect, except as to Licensee's liability, as if the date fixed inthe notice of cancellation and
termination were the end of the term herein originally determined.
3. Licensor may elect, but shall not be obligated, to make any payment
required of Licensee herein or comply with any agreement, term, or condition required
herebyto be performed by Licensee, and Licensorshall have the rightto enter the
License Area forthe purpose of correcting or remedying anysuch defaultand to remain
until the defaulthas been corrected or remedied, but any expenditurefor the correction
by Licensorshall not be deemed to waive or relicense the defaultof Licensee orthe right
of Licensorto take anyaction as may be otherwise permissible hereunderin the case of
any defau It.
4. Licensor may re-enter the premises immediately and remove the property
and personnel of Licensee, and store the property in a public warehou se or at a place
selected by I.Jcensor, at the expense of Licensee. After re-entry Licensormay terminate
the License by giving ten (10) days' written notice of termination to Licensee. Licensee
shall permit anysuch re-entry without hindrance, and Licensorshall notbe liable thereby
in damages for such re-entry or be guilty of trespass or forcible entry. Withoutthe notice,
re-entry will not terminate the License. Upon termination Licensor may recover from
Licensee all damages proximately resulting from the breach, including the cost of
recoveringthe premises, andtheworth of the balanceof this License over the reasonable
rental value of the premises for the remainder of the License term, which sum shall be
immediately due Licensorfrom Licensee.
5. After re-entry, Licensor may relet the License Area or any part thereof for
anyterm with ou ttermin atin g the License, at the fee on the terms as Licensor may choose.
Licensor may make alterations and repairs to the premises. The duties and liabilities of
the parties if the premises is relicensed as provided herein shall be as follows:
(a) In addition to Licensee's liabilityto Licensorfor breach of the License,
Licensee shall be liable forall expenses of the re -licensing, forthe alterations and repairs
made, and for the difference between the fee received by Licensor underthe new license
agreement and the fee installments that are due for the same period under this License.
(b) Licensor shall have the right, but shall not be required, to apply the
fee received from re -licensing the premises (1) to reduce the indebtedness of Licensee
to Licensor underthe License, not including indebtedness forfees, (2) to expenses of the
re -licensing, and alterations and repairs made, (3) to fees due underthis License, or (4)
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to payment of future fees underthis License as it becomes due.
(c) If the new Licensee does not pay a fee installment promptly to
Licensor, and the fee installment has been credited in advance of payment to the
indebtedness of Licensee other than fee, or if fees from the new Licensee have been
otherwise applied by Licensoras provided for herein and during any fee installment period
are less than the fee payable for the corresponding installment period underthis License,
Licensee shall pay Licensor the deficiency, separately for each fee installment deficiency
period, and before the end of that period. Licensor may at any time after re -letting
terminate the License for the breach on which Licensor had based the re-entry and
subsequently reletthe premises.
(d) After re-entry, Licensor may procure the appointment of the receiver to take
possession and collectfees and profits of the business of Licensees, and, if necessary to
collect the fees, and profits. The receiver may carry on the business of Licensee and take
possession of the personal property used in the business of the Licensee, including
inventory, trade fixtures, and furnishings, and use them in the business without
compensating Licensee. Proceedings for appointmentof a receiver shall not terminate
andforfeitthis License unless Licensor hasgiven written notice oftermination to Licensee
as provided herein.
SECTION FOURTEEN: Sale of Promises
In the event of a sale or conveyance by Licensor of the License Area, the same
shall be made subject to this License, and shall operate to relicense the Licensorfrom
any future liability on any of the covenants or conditions, expressed or implied, herein
contained in favor of the Licensee and in such event the Licensee agrees to look solely
to the responsibility of the successor in interest of the Licensorto expressly assume said
future liability. Nothing herein contained shall relieve the original Licensor from any
liability that has accrued underthis License against it to and at the time of said sale or
conveyance.
SECTION FIFTEEN: Fee Abatement
No abatement, diminution, or reduction of fees shall be claimed or allowed to
Licensee or any person claiming under him for any circumstances, whether for
inconvenience, discomfort, interruption of business orotherwise, arising from the making
of alterations, improvements or repairs to the premises, because of any governmental
laws or arising from and during the restoration of the License Area after the destruction
or damage thereof by fire or other cause or the taking or condemnation of a portion only
of the demised premises.
SECTION SIXTEEN: Conditions of License Area As -Is
Licensee acknowledges the uniqueness of the License Area and accepts the
II
current "AS -IS, IN ITS CURRENT CONDITION, WITH ALL FAULTS" condition existing
on the date of execution of this License Agreement. Licensee acknowledges Licensee
has satisfied itself, by its own independent investigation, that the License Area is suitable
for Licensee's intended use and neither Licensor nor its agents or representatives have
made any representation or warranty as to the present or future suitability of the License
Area for the Permitted Use by Licensee, including, without limitation, any representations
or warranties regarding, (a) the condition or repair of the License Area, (b) whetherthe
License Area complies with Applicable Laws (as defined below), including without
limitation the American s with Disabilities Act (ADA) or other accessibility laws, (c) whether
there are any facts or conditions affecting the License Area that might, individually or in
the aggregate, interfere with the use or occupancy of the License Area or any portion
thereof by Licensee.
Licensee shall comply with all applicable statutes, laws, ordinances and rules and
regulations adopted by the Federal, State or any City, City and County, Countyor other
body politic, including without limitation all applicable health and building codes, rules,
and protocols, the ADA or other accessibility laws ("Applicable Laws"') and which pertains
to useof the License Area or anyprovisionsof the License Agreement, and will indemnify,
defend and hold Licensor, its officials, officers, agents, and employees harmless from and
against any violations thereof and any and all liabilities, suits, causes of action,
judgments, demands and claims for damages, including all reasonable costs of any
litigation and attorney'sfees and expenses, arising out or by reason of anysuch violation.
SECTION SEVENTEEN: Waivers
The failure of Licensor to insist on a strict performance of any of the terms and
conditions hereof shall not be deemed a waiver of any subsequent breach or default in
any terms and conditions, regardless of knowledge thereof. Any waiver by Licensor of
any breach must be in writing.
All notices to be given with respect to this License shall be in writing. Each notice
shall be sent via email and concurrently delivered by overnight Federal Express or by
priority U.S. Mail to the party to be notified atthe address set forth below or at such other
address as either party may from time to time designate in writing.
Every notice shall be deemed to have been given at the time it shall be deposited
in the United States mails in the manner prescribed herein. Nothing contained herein
shall be constructed to preclude personal service of any notice.
SECTION NINETEEN: Assignments
(A) Licensee shall not voluntarily or involuntarily, license, transfer, mortgage,
sublicense, orotherwise encumberall orany part of Licensee's interest in this License or
in the License Area without obtaining the prior written consent of Licensor in each
instance. Any attempt to do so withoutsuch consent being first had and obtained shall
12
be wholly void; provided, however, that Licensor shall not unreasonably withhold its
consent. No sublicensing orassignment, even with the consentof Licensor, shall relieve
obligations to be performed by Licensee hereunder. The acceptance of fees by Licensor
from any other person shall not be a waiver by Licensorof any provision of this License
or to be consent of assignment, sublicensing or other transfer. Consent to one
assignment shall not be deemed to constitute consent to any subsequent assignment,
subletting or other transfer,
(B) No sublicensing or assignment, even with the consent of Licensor, shall
relieve Licensee of its obligation to pay the fees and to perform all of the other obligations
to be performed by Licensee hereunder. No consentto any assignmentof this License,
voluntarily or by operation of law, or a sublicensing of the premises, shall be deemed to
be consentto any subsequent assignment of this License voluntarily or by operation of
law, or to any subsequent subleasing of the premises. Any such assignment of this
License, voluntarily or by operation of law, or any subletting of the premises, without
obtaining the prior written consentof Licensorshall be void and, at the option of Licensor,
shall terminate this License. Licensors consentto such assignmentor sublicense shall
not unreasonably bewithheld.
(C) If any unincorporated Licensee shall become a corporation, such
incorporation shall be considered an assign mentfor purposes of this License.
SECTION TWENTY: Surrender of Possession
(A) Licensee shall, on the last day of the term of this License, or on earlier
termination and forfeitureof this License, peaceably and quieflysurrenderand deliverthe
License Area to Licensor free from sublicensies, including all buildings, additions, and
improvements constructed or placed thereon by Licensee, except moveable trade
fixtures, all in good condition and repair. Any trade fixtures or personal property not used
in connection with the operation of the Licensed Area and belonging to Licensee, if not
removed at the termination or default, and if Licensor shall so elect, shall be deemed
abandoned and become the property of Licensor withoutany payment or offset thereof.
Such abandoned property shall be sold at public sale, if Licensor shall so elect, by
competitive bidding with the proceeds distributed in the following order: cover the costs
of storage, advertising, sale, and any remaining balance owed by Licensee to Licensor.
Licensor may remove such fixtures or property from the License Area and store them at
the risk of expense of Licensee if Licensorshall so elect. Licensee shall repairand restore
all damage to the License Area caused by the removal of equipment, trade fixtures, and
personal property.
(B) In the event Licensee fails to vacate and surrender possession of the
Licensed premises, Licensor shall have the right to enforce any rights and remedies
granted by this Licenseor by law against Licensee, including, with outlimitations, the right
to bringan unlawful detain er action, the rightto reimbursementof all legal costs, including
attorney's fees and other costs payable hereunder, and the right to bring any other legal
action that might stem from Licensee's refusal to surrender possession.
(C) In the even t th at Licensee does not vacate the premises on or before the
expiration of the License, Licensee shall be liable for all attorn ey, s fees and any and all
legal expenses associated with legal action required to effect Licensee's successful
13
vacation of the License Area.
SECTION TWENTY-ONE: Remedies of Licensor
1 The rights and remedies given to Licensor in this License are distinct,
separate and cumulative, and no one of them, whether or not exercised by
Licensor, shall be deemed to be in exclusion of any of the other herein, by
law, or by equity provided. Licensee after default or a
2. No receipt of money by Licensor from
cancellation of this License in any lawful manner shall (a) reinstate,
continue, or extend the term or affect any notice given to Licensee, (b)
operate as a waiver of the right of Licensorto enforce the payment of fees
and additional fees then due orfalling due, or (c) operate as a waiverof the
rightof Licensorto recover possession of the Licensed Area by proper suit,
action, proceeding, or other remedy. After (a) service of notice of
termination and forfeiture as herein provided and the expiration of the time
specified therein, (b) the commencement of any suit, action, proceeding, or
other remedy, or (c) final order of judgmentfor possession of the Licensed
Area, Licensor may demand, receive, and collect any money due, without
in any manneraffecting such notice, order or judgment. Any and all such
money so collected shall be deemed to be payment on accountof the use
and occupation of the Licensed Area or at the election of Licensor, on
accou nt of the liability of Licensee hereunder.
against
3. For any and all legal suit, action, or proceeding brought by Licen sor
Licensee, wh eth er su ch suit, action, or proceeding arose in contract or tort,
Licensor shall have the right to collect from Licensee all legal costs,
including attorney's fees and court costs.
SECTION TWENTY-TWO:Licensee Status as 501(c)(3) Non -Profit
Licensee hereby covenants and agrees that Licensee shall verify to the City of
Campbell its status as a non -profit 501 (c)(3) enterprise by June 15th each year.
Licensee understands and agrees that should its status change from a 501 (c)
status to a profit enterprise, the City shall have the power to terminate this License
Agreementwithin thirty(30) days of the date of receipt of the above stated notice. Should
Licensee fail to provide the notice as set forth herein, the City shall have the power to
terminate this License within thirty (30) days of discovering the change of status.
SECTION TWENTY-THREE: Attorney's Fees
In the event that either party commences a lawsuit to enforce the provisions of this
agreement, the prevailing party shall be entitled to recover their reasonable costs and
attorney's fees.
14
SECTION TWENTY-FOUR: Miscellaneous
a. This Agreement, along with any attachments, is the full and complete integration
of the Parties' agreement with respect to the matters addressed herein, and this License
Agreement supersedes any previouswritten or oral agreements between the Parties with
respect to the matters addressed herein.
b. The covenantsand agreements contained in thisAgreement shall be binding upon
the Licensorand Licensee, and upon theirrespective heirs, executors, and successors.
C. This Agreementshall be construed and interpreted in accordance with the laws of
the State of California.
d. The unenforceability, invalidity, or illegality of any provision(s) of this Agreement
shall notrender the other provisions unenforceable, invalid, orillegal.
e. This Agreementmay only be amended in writing as agreed to by both Parties.
f. Each party acknowledges thatit has reviewed this Agreementand that the normal
rule of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement.
9. The Parties may execute this Agreement in two or more counterparts, which shall,
in the aggregate, be deemed an original but all of which, together, shall constitute one
and the same instrument. Electronic signatures and fully executed copies of this
Agreement are deemed valid as originals.
h. The signatories to this Agreement warrant and represent that each is authorized
to execute this Agreement and that their respective signatures serve to legally obligate
their respective representatives, agents, successors and assigns to comply with the
provisions of this Agreement.
(SIGNATURE ON FOLLOWING PAGE]
[5,
IN WITNESS WHEREOF, the parties have affixed their signatures on this 1st day
of July, 2022.
Licensor.
CITY OF CAMPBELL
Licensee:
i . .
.VilaW.Y-1114 -
Bl
Briani Leventhal, City Manager Roger Marshall, -President/Representative
Address for notices:
1 W. Campbell Ave. #C-31
Campbell, CA 95008
Recreation & Community Services
Director, Natasha Bissell
Telephone: (408) 866-2771
Fax: (408) 866-2795
Email: natashab@campbellca.gov
Approved as to Form:
Bv:
Onfliarn" Se"ligmann, City Attorney
Address for notices:
P.O. Box 1013
Campbell, CA 95009-1013
Telephone: (408) 460-2312
On -Site:
Fax:
Email:
16
SITE MAP ILLUSTRATING LICENSED SPACE
17
[W14:14-1w,
A
0 Is] : 10 0 on Ji I*] laIC fil -
The Concession Stand in the John D. Morgan Park building is owned by the City of
Campbell (hereinafter referred to as Licensor) and licensed to the Campbell Pon
Baseball League (hereinafter referred to as Licensee) during their playing season, in
conjunction with the term of their license for field and facility use, subject to the following
rules, conditions, and guidelines:
Scheduling Use of the Concession Stand
Occupancy and use of the Concession Stand shall be limited to the Licensee's baseball
season, as determined by the dates submitted as a part of the annual Co -Sponsorship application
process. If/when it is necessary to access the Concession Stand at any other time, access must
be approved, in advance, by the Community Center Coordinator. If/whena delivery is scheduled,
the group ordering the delivery of supplies must make arrangements to be there to accept the
delivery). City staff are not responsible to accept deliveries on behalf of resident youth sports
groups or other organizations.
Liability
The City of Campbell accepts no responsibility for:
a. The food or service provided by those operating the Concession Stand;
b. The loss or damage of equipment, supplies, or personal property of those
organizations or individuals using or operating the Concession Stand;
C. The cleanliness of the Concession Stand.
Maintenance of the Concession Stand
The Cityof Campbell shall maintain the physical building, its structure, roof, and gas, trash
and water utilities. Licensee is responsible to pay the cost of electricity as monitored by the
Licensor and to maintain the interior areas, daily cleaning, trash removal, and cleanliness.
Concession Stand shall be maintained to meet all Cal -OSHA and Santa Clara County
Environmental Health and Safety Standards. Non-compliance can result in termination of
agreement to use and operate the Concession Stand.
Licensee shall promptly report any damage, vandalism, or graffiti to the building by
contacting the City's Community Center Coordinator at (408) 866-2107 or, if a serious condition,
the Building Maintenance Supervisor at (408) 866-2194, or, if an emergency condition, Campbell
Police Department at (408) 866-2101. When contacting the Police Department be prepared to
identify yourself and provide a detailed description of the type of damage and emergency repairs
necessary.
18
CONCESSION AGREEMENT PAGE 2
Conditions of Concession Stand Use
To assist groups in maintaining the Concession Stand at an acceptable level, the following
guidelines have been established and must be maintained if groups wish to continue the privilege
of using the Concession Stand:
1 All uses and practices shall be subject to the current safety, health, and environmental
codes as set forth in the Santa Clara County Health Department's Codes for
Temporary Concessions.
2. The Concession Stand is to be used for food concession activities only. Any other
uses must be approved, in advance, by the Community Center Coordinator, Activities
that may conflict with food service operations and health and safety codes will not be
allowed.
3. Only food items and equipment and supplies associated with food service shall be
stored in the Concession Stand. Storage of any hazardous or combustible materials
(gasoline, propane, charcoal briquettes, fuels, helium, matches, etc.) is not allowed,
4. Licensee is granted temporary use only and must remove all their supplies and
equipment from the common area at the end of each season. Large appliances (such
as a refrigerator or microwave oven) may be left in the building as long as they are
cleaned and left unplugged at the end of the season. Any such appliances shall be
labeled with the name of the owning organization and a phone number where the
owner can be contacted.
5. All appliances and equipment must be unplugged when not in use.
6. Licensee may, with prior written approval of the Community Center Coordinator,
provide their own refrigerator for use in the Concession Stand under the following
conditions:
a. Refrigerator must be an Energy Star -rated unit;
b. Refrigerator must be cleared of all food supplies, cleaned, and unplugged within
ten (10) days after the end of the playing season;
7. Licensee is responsible to monitor the littering of the Park and field areas that their
group is using and to be sure to pick up all litter and debris that has resulted due to
their use of the fields and Concession Stand. Clean-up shall include sweeping of the
bleacher stands of all litter, sunflower seeds, and debris that was left by their
spectators after each use.
Security of the Concession Stand
Upon completion of use of the Concession Stand Licensee is responsible for securing the
premises. CPB is responsible for unplugging appliances, locking cabinets, removing trash and
cleaning the counters, sinks, and floor.
19
CONCESSION AGREEMENT PAGE 3
Keys will be issued to Licensee. These keys should be closely guarded and never loaned
to anyone. The City shall maintain a list of all individuals with authority to carry a key to the
licensed facilities. If keys are lost, please report the loss immediately to the Recreation Services
Manager at (408-866-2107).
Any unauthorized use, transfer of keys, blatant disregard for these Conditions of Use, or
inability to abide by these conditions after receiving two written warnings, may result in loss of
privilege of use forone full calendar year. It is the responsibility of the organization representative
who signs below to advise all his/her organization representatives and Concession Stand
operators of these Conditions of Use. City staff will monitor and enforce the terms of this
agreement.
On behalf of below -listed organization, I hereby state that I understand the above
Concession Stand Conditions of Use and agree, on behalf of my organization, to
abide by these conditions or risk loss of Concession Stand privileges.
Signature Title
Organization
Mailing Address
City, State, Zip
E-Mail Address
Date
W.
Daytime Phone
Evening Phone
Emergency/Cell Phone
Concession Agreement approved by City Council, as witnessed by the signature below:
Paul Resnikoff, Mayor
NE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING
THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT AND CONCESSION
AGREEMENT WITH CAMPBELL PONY BASEBALL LEAGUE FOR USE OF THE
ENCLOSED BASEBALL FIELD AND ASSOCIATED AREAa (BLEACHERS, DUGOUTS,
AND SEASONAL BATTING CAGE) AND THE CONCESSION AREA OF BUILDING AT
JOHN D. MORGAN PARK
WHEREAS, the City of Campbell and Campbell Pony Baseball League, a 501 c3
non-profit organization, have a long history of collaboration; and
WHEREAS, Campbell Pony Baseball League has been headquartered at Rincon
Park, later named John D. Morgan Park since 1969; and
WHEREAS, the first formal agreement between the City of Campbell and the
Campbell Pony Baseball League was developed in 1975 and updated periodically; and
WHEREAS, the agreement provides exclusive use of the enclosed baseball field to
Campbell Pony Baseball League and the enclosed field is not rentable to other field users;
and
WHEREAS, the most recent agreement between the City of Campbell and the
Campbell Pony Baseball League expires on ,tune 30, 2022.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Campbell does
hereby authorize the City Manager to execute a license agreement and concession
agreement with Campbell Pony Baseball League for use of the enclosed baseball field and
associated areas (bleachers, dugouts, and seasonal batting cage) and concession areas of
the building at John D. Morgan Park.
PASSED AND ADOPTED this 71' day of June by the following roll call vote:
AYES;
Councilmembers: Gibbons,
NOES:
Councilmembers: None
ABSENT;
Councilmembers: None
ATTEST:
Lopez, Landry, Bybee, Resnikoff
APPROVED:
Paul Resnikoff, Mayor
EXHIBIT
MAINTENANCE RESPONSIBILITIES
CITY
PONY LEAGUE
Pays water, sewer& trash utilities
Pays for electricity
— Mows grass outfield
Maintains own concession equipment
Provides sprinkler heads & supplies
Maintains infield
to maintain sprinkler system
Maintains exterior of building structure
Provides labor to perform repairs to infield
& lighting
turf & sp(inklersystem
Performs bleacher repairs & public safety
Maintains interiorof building including
of all areas accessible to the public
plumbing & electrical up to $250 +
janitorial service
Removes trash from building and
bleacher area
pal
CITY OF CAMPBELL INSURANCE REQUIREMENTS
Licensee shall procure and maintain for the duration of the License Agreement, insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the performance
of the obligations thereunder by Licensee, Licensee's respective employees, subcontractor(s), agents,
representatives, or volunteers.
A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be
accepted) with the following minimum requirements:
• Certificate(s) will show current policy number(s) and effective dates,
• Coverage and policy limits will meet, or exceed, requirements below,
• The Certificate Holder will be City of Campbell, Finance Department, 70 N I st St, Campbell, CA
95008 with a copy to City of Campbell, Recreation and Community Services Department, I W.
Campbell Avc, #C-31, Campbell, CA 95008,
• Certificate will be signed by an authorized representative,
• An endorsement, if required below, will be provided to show the City, its officers, officials,
employees, and volunteers as additional insureds, and
• Coverages must be maintained during the term of the Agreement with the City, unless a longpr
duration is required.
B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Licensee acknowledges that the insurance coverage and policy limits set forth in this section constitute
the minimum amount of coverage required. If Licensee maintains broader insurance coverage and/or
higher limits than the minimums shown below, the City of Campbell requires and shall be entitled to
the broader insurance coverage and/or higher limits maintained by Licensee. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the
City of Campbell.
Coverage will be at least as broad as:
COMMERCIAL GENERAL LiAwLiTy (CGL): S 1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE
Proof of coverage for $1 Million per occurrence including products and completed operations,
property damage, bodily injury, personal and advertising injury will be provided on Insurance
Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either
the general aggregate limit will apply separately to this project/location (ISO CG 25 03 or 25 04)
or the general aggregate limit will be at least twice the required occurrence limit.
BUSINESS INTERRUPTION INSURANCE: Licensee shall Procure and maintain, at Licensee's cost
business interruption insurance for and during the term of this license insuring the minimum fee
provided for hereunder will be paid to Licensor for the term of this license or a period of up to two
(2) years in the event the premises or the building are destroyed or damaged so as to render
operation of Licensee's business impossible or impracticable by any casualty insured against by
standard fire and extended coverage insurance.
C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
0-14
ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds
on the CGL policy with respect to liability arising out of work or operations performed by or on
behalf of Licensee including materials, parts, or equipment famished in connection with such work
or operations. General liability coverage will be provided in the form of an endorsement to
Licensee's insurance at least as broad as ISO Form CG 2010 1 1 85, or if not available, through the
addition of Moth CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is
used).
0 PRIMARY COVERAGE
For any claims relatedto this Agreement, Licensee's insurance coverage will be primary insurance
as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be
excess of Licensee's insurance and will not contribute with it.
• NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except
with notice to the City.
WAIVER OF SUBROGATION
Licensee hereby grants to the City a waiver of any right to subrogation, except as otherwise not
applicable, which any insurer of said Licensee may acquire against the City by virtue of the
payment of any loss, including attorney's fees under such insurance. Licensee agrees to obtain any
endorsement that may be necessary to effectuate this waiver of subrogation, but this provision
applies regardless of whether or not the City has received a waiver of subrogation endorsement
from the insurer.
EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
The excess/liability policies will provide similar coverage as the primary CGL policy with no
new exclusions - Excess liability insurance must follow form the terms, conditions, definitions,
and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written
on a primary and noncontributory basis for an additional insured, and that it will apply before any
other insurance that is available to such additional insured which covers that person or
organization as a named insured, and we will not share with that other insurance.
The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate
limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule
of the Underlying Insurance.
• SELF -INSURED RETENTIONS
Self -insured retentions must be declared to and approved by the City. City may require Licensee to
purchase coverage with a lower retention or provide proof of ability to pay losses and related
expenses. The policy language shall provide, or be endorsed to provide, that the self -insured
retention may be satisfied by either the named insured or City.
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII,
unless otherwise acceptable to the City.
• VERIFICATION OF COVERAGE
Licensee will furnish the City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage required
by this clause) and a copy of the Declarations and Endorsement Page of the CGL Policy listing all
23
policy endorsements to be approved by the City before work commences. However, failure to
obtain the required documents prior to the work beginning Will not waive the Licensee's obligation
to provide them. The City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications, at any time.
D. SUBCONTRACTORS
Licensee shall require and verify that all subcontractors maintain insurance meeting all the
requirements stated herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors.
E. SPECIAL RISKS/CIRCUMSTANCES
City reserves the right to modifythese requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances and provide notice to
Licensee.
24
ADDEN®W ' A
TO -
LICENSE AG EEMENT
This addendum to the License Agreement, dated July 1, 2022, between the CITY OF
CAMP w•>ELL and CAMPBELL PONY BASEBALL LEAGUE, shall make the following
changes to the current existing agreement:
License Term: License is hereby extended for three (3) years
through June 30, 2028
Fee: $1142.00 3% increase plus the actual cost of
electricity (due July 2025)
$1176.00 3% increase plus the actual cost of
electricity (due July 2026)
$1211.00 30/0 increase plus the actual cost of
electricity (due July 20271
All other terms and conditions of the License Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties have affixed their signatures on this 10th day of June,
2025.
Licensor: Licensee:
CITY OF CAMPBELL CAMPBELL PONY BASEBALL
EAGUE
72
By: > f� y' 21/464
Irian LoventhaCity Managger Presi( n is President
Address for notices: Address for notices:
City of Campbell P.O. Box 1013
1 W. Campbell Ave. #C-31 Campbell, CA 95009-1013
Campbell, CA 95008
L-241', Lauren C. Merriman,
v Recreation Services Manager Telephone: 408-460-2312
Telephone: (408) 866-2107 On-Site:
Fax: (408) 866-2795 Cell: 408-460-2312
Email: LaurenM@campbellca.gov Email: clm4696@aol.com
www.campbellca.gov https://www.leaquelineup.com/divisionlist.asp?url=cpb
1