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CS Albert Park Baseball Field Use Agr AmendmentAMENDMENT NO.1 TO AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND REDWOOD SPORTS AND ENTERTAINMENT GROUP, LLC, A DELAWARE LIMITED LIABILITY CORPORATION, FOR THE USE OF ALBERT PARK BASEBALL FIELD AND STADIUM FOR PROFESSIONAL MINOR LEAGUE BASEBALL THIS AMENDMENT to AGREEMENT is made and entered into this Jday of 2017 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and REDWOOD SPORTS AND ENTERTAINMENT GROUP, LLC hereinafter "REDWOOD"). RECITALS WHEREAS, the CITY and REDWOOD entered into an "Agreement Between the City of San Rafael and Redwood Sports and Entertainment Group, LLC, a Delaware Limited Liability Corporation, Agreement for the Use of Albert Park Baseball Field and Stadium for Professional Minor League Baseball" dated February 16, 2016 (the "AGREEMENT"), by which CITY agreed, under certain terms and conditions, to allow REDWOOD to use Albert Park Baseball Field and Stadium in CITY's Albert Park; and WHEREAS, the parties have determined and agree that the AGREEMENT requires a minor amendment to adjust insurance requirements and to increase the maximum credit allowed by CITY to REDWOOD for permanent improvements provided by REDWOOD to Albert Park Baseball Field and Stadium from $8,000 to $25,000 for any given year during the term of the AGREEMENT; and WHEREAS, Section 18 of the AGREEMENT and authorizes the City Manager to act on behalf of CITY in making such amendments; NOW, THEREFORE, the parties hereby agree to amend the AGREEMENT as follows: 1. Section 3 -"Scope of Use", Paragraph H(1) of the AGREEMENT is amended to increase the maximum credit amount provided for therein to $25,000, and as so amended, shall read in its entirety as follows: H. Fees. (1) REDWOOD shall pay CITY in accordance with the City of San Rafael Master Fee Schedule for the use of FACILITIES, $84 hour game time and < ,-S -&6 $63 hour: practice time with an additional $42'hour for use of field lights. If CITY revises the Master Fee Schedule in successive years of this agreement, the rate within this AGREEMENT shall remain the same over the Term of the AGREEMENT. In exchange for and inconsideration of the permanent improvements to the site described in Exhibit G, hereunder described, and any future improvements as mutually Agreed, CITY agrees to credit up to a maximum of $25, 000 per year, the cost of said improvements over the term of the AGREEMENT. REDWOOD will provide CITY with reasonably satisfactory evidence of the costs that it incurs in making the permanent improvements. REDWOOD shall not be liable for any additional CITY expenses, except as otherwise specifically provided herein and or as approved in advance by REDWOOD CEO, and CITY's Community Services Director, or his her designee. ?. Section 5- "Insurance" is amended to read in its entirety as follows: 5. Insurance. A. REDWOOD, at its sole cost and expense, shall obtain and maintain, during the life of this agreement such general commercial liability insurance, in the amo tint of $1, 000, 000 per occurrence, $2, 000, 000 aggregate, satisfactory in form to CITY, and with the CITY, its officers, employees, agents and volunteers added as additional named insureds, as shall protect REDWOOD and CITY, its officers, employees, agents, and volunteers from claims for damages or personal injury, including accidental death as well as for claims for property damage which may arise from or out of this AGREEMENT, whether by REDWOOD, its officers, agents, employees, volunteers or subcontractors. B. Each such policy of insurance described in Section 5. A. shall be endorsed to provide as follows: (1) It is agreed than any insurance maintained by CITY shall apply in excess and not contribute with insurance provided by REDWOOD. (2) It is further agreed that the coverages afforded shall apply as if separate policies were issued to each party (gross liability). (3) All rights of subrogation are hereby waived against CITY and the members of its City Council and elective or appointive officers or employees, when acting within the scope of their employment or appointment. 2 (t) This insurance shall not be canceled; limited or non -renewed until after (3 0) day's written notice has been provided to the CITY. C. A duly executed Certificate of Insurance, evidencing all of the coverages required herein, and all required endorsements, shall be submitted to the City Attorney for approval promptly upon issuance. 3. Except as specifically amended herein, all other terms and conditions of the AGREEMENT shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this AMENDMENT as of the day, month and year first above written. CITY OF SAN RAFAEL r JIM SCI JUTZ, City Man ger ATTEST: e 1$ytz'—z G , �.t ,2 - . _. ESTHER C. BEIRNE. City Clerk APPROVED AS TO FORM: L a ROBERT F. EPSTEIN,4ity Atto !eyr 3 REDWOOD SPORTS AND ENTERTAINMENT GROUP, LLC J MIKE SHAPIRO,PRESIDENT AND GENERAL MANAGER, REDWOOD SPORTS AND ENTERTAINMENT GROUP, LLC RAFq�` =t^ O N rry WITH I' CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community Services Project Manager: Ashley Howe Project: SR Pacifics-Amendment No. 1 to 2016 Agreement Extension: 3343 Contractor Name: Redwood Sports and Entertainment Group, LLC Contractor's Contact: Mike Shapiro (415) 485-1563 Contact's Email: mshapiro@pacificsbaseball.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ elller cl LILI(C. b. Email contract (in Word) & attachments to City 1/4/2017 Atty c/o Laraine.Gittens@cityofsanrafael.org ❑ 2 City Attorney a. Review, revise, and comment on draft agreement 4/18/2017 ❑x LAG and return to Project Manager 4/18/2017 M LAG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to 4/18/2017 ❑ contractor for their signature 4 Project Manager When necessary, * contractor -signed agreement © N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed j' I',7 5-1 / ` I I ►�J� agreement J 7 City Attorney Review and approve insurance in PINS, and bonds s /I J� Q QL (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official V21 } 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager '5- 7 - f 7 3 -