Loading...
HomeMy WebLinkAboutCC Resolution 13464 (Albert Park Baseball; Redwood Sports)RESOLUTION NO. 13464 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH REDWOOD SPORTS AND ENTERTAINMENT GROUP, LLC, FOR THE USE OF ALBERT PARK BASEBALL FIELD AND STADIUM FOR PROFESSIONAL MINOR LEAGUE BASEBALL 2013 — 2015 WHEREAS, the City of San Rafael owns and operates Albert Park Baseball Field and Stadium facilities., and WHEREAS, Redwood Sports and Entertainment Group, LLC ("Redwood Sports and Entertainment") requests the periodic exclusive use of the facilities to support a professional level baseball team participating in the Pacific Association of Professional Baseball Clubs; and WHEREAS, pursuant to San Rafael Municipal Code Section 8.10.030, Redwood Sports and Entertainment must obtain a Permit for the requested use, to be executed by the City's Community Services Director; and WHEREAS, City and Redwood Sports and Entertainment have identified the Albert Park Baseball Field and Stadium facilities to be feasible for professional level baseball play after a successful 2012 Agreement and with the addition of improvements both permanent and temporary in nature; and WHEREAS, Centerfield Partners has sold the Pacifies Baseball Club to Redwood Sports and Entertainment; Redwood Sports and Entertainment has submitted a proposal to extend the Agreement for a term of three years, 2013 — 2015; and WHEREAS, the Albert Park Community Advisory Committee convened three times in 2012 to review the performance of Centerfield Partners, LLC and the City of San Rafael, parties to the 2012 Agreement, issuing a Final Report to the San Rafael Park and Recreation Commission on September 20, 2012 supporting the Agreement and the use of facilities; and WHEREAS, the Park and Recreation Commission, finding the Agreement resulted in appropriate use of the facilities and benefit to the community as family-oriented entertainment and as a local business stimulant, recommended that the City Council consider entering into an extended agreement with Redwood Sports and Entertainment for its continued use of Albert Park Baseball Field and Stadium; and WHEREAS, the City Council reviewed the Final Report and the proposed Agreement at a regular meeting on November 19, 2012; and WHEREAS, the City and Redwood Sports and Entertainment agree that identified use and impact issues related to the Proposal dated November, 2012. Exhibit A to the Agreement are satisfactorily addressed through management plans attached as Exhibits B through I to the Agreement; and WHEREAS, the City Council finds that the Redwood Sports and Entertainment proposal for use of Albert Park Baseball Field and Stadium is exempt from environmental review under the California Environmental Quality Act (CEQA), because of the applicability of the Class 23 categorical exemption 23 (CEQA Guidelines section 15323) for the "normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose." The Council finds that there is substantial evidence in the record that supports the application of the Class 23 categorical exemption and that the proposed use will not represent a change in the normal use of the park within the meaning of the Class 23 categorical exemption, as follows: a. The record reflects that Albert Park Baseball Field and Stadium was designed and has always been used primarily for baseball and softball games and use. b. The normal historical use of Albert Park Baseball Field and Stadium includes both daytime and nighttime games (e.g. Albert Park has for many years hosted either softball or baseball almost every night of the week and every Sunday afternoon during the summer season), therefore the use of the park by San Rafael Pacifies Baseball Club, would not result in more night or Sunday games. C. The proposed addition of temporary seating for 100 people is consistent with past uses made of the facility. The City does not regulate standing or sitting along the baselines where the seats are proposed to be placed, and these areas have been used to accommodate additional seating or standing room attendance for many events. d. The historical softball and baseball uses of Albert Park Baseball Field and Stadium have normally involved the use of the public address system for player introductions as well as various fan -based games and/or music during the game. e. The historical softball and baseball uses, as well as numerous other events held at Albert Park Baseball Field and Stadium, have offered food and drink concessions, including the sale of alcohol. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: To authorize the City Manager to execute an Agreement with Redwood Sports and Entertainment for the use of Albert Park Baseball Field and Stadium for professional baseball, attached hereto, inclusive of Agreement Exhibits A -I. L Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 19"' of November, 2011, by the following vote, to wit: AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None A< aCt c .a = Esther C. Beirne, City Clerk AGREEMENT FOR THE USE OF ALBERT PARK STADIUM AND BASEBALL FIELD FOR PROFESSIONAL MINOR LEAGUE BASEBALL THIS AGREEMENT (the "AGREEMENT") is made and entered into this -_day of November, 2012 by and between the CITY OF SAN RAFAEL (hereinafter "CITY") and REDWOOD SPORTS AND ENTERTAINMENT GROUP, LLC, a Delaware Limited Liability Corporation (hereinafter "REDWOOD SPORTS AND ENTERTAINMENT" or "REDWOOD"). WHEREAS, CITY owns and operates Albert Park Baseball Field and Stadium facilities (further described in section 3.A. below and hereinafter referred to as the "FACILITIES"); and WHEREAS, REDWOOD is the successor -iii -Interest to Centerfield Partners, LLC, which entered into an Agreement with CITY on October 3, 2011 for periodic exclusive use of the FACILITIES to support a professional level baseball team participating in the North American Baseball League, now known as the Pacific Association of Professional Baseball Clubs lor a term starting in May and concluding in September 2012 ("the 2012 Agreement"); and WHEREAS, pursuant to the 2012 Agreement, Centerfield Partners, LLC conducted one (1) pre -season and forty-two (42) regular season San Rafael Pacifies Baseball Club games and associated activities at the FACILITIES during the term of that Agreement; and WHEREAS, REDWOOD, as the Successor to Centerfield Partners, LLC, desires to enter into a new agreement for the use of the FACILITIES by REDWOOD, as set forth in the Proposal for Use ("PROPOSAL") attached hereto as Exhibit A and incorporated herein; and WHEREAS, pursuant to San Rafael Municipal Code Section 8.10.030, REDWOOD must obtain a Permit for the requested use, to be executed by the CITY's Community Services Director; and WHEREAS, in connection with the approval of the 2012 Agreement, the City Council appointed the Albert Park Community Advisory Committee to review and report on performance of the 2012 Agreement: and WHEREAS, the Albert Park Community Advisory Committee conducted three public meetings and Issued a Final Report on the 2012 Agreement (the "Final Report"); and WHEREAS, the San Rafael Park and Recreation Commission conducted a public meeting to review the Final Report, made comments thereon, and approved the Final Report as amended by those comments; and 1 WHEREAS, the Park and Recreation Commission, Finding the performance of the 2012 Agreement to be satisfactory, the use appropriate for the FACILITIES, and of benefit to the community as family-oriented entertainment and as a local business stirriLilant, approved the Report and referred it to City Council; and WHEREAS, the City Council, at a regular meeting on November 19, 2012, reviewed the Final Report and the recommendation of the Park and Recreation Commission and considered the PROPOSAL, and approved the request for a new three- year agreement; and WHEREAS, CITY and REDWOOD agree that identified use and impact issues identified in the Final Report and related to the PROPOSAL are satisfactorily addressed through management plans included as Exhibits B through I to this AGREEMENT. 9 1-) NOW, THEREFORE, the parties hereto agree as follows 1. Purpose. The purpose of this AGREEMENT is to define the scope of the use of Albert Park Baseball Field and Stadium and specific facilities therein by REDWOOD, the operations conducted by REDWOOD and the responsibilities of CITY, to set forth the compensation to be paid to CITY for such use, and to enumerate other related provisions that will contribute to the mutual benefit of the parties to this AGREEMENT. This AGREEMENT shall constitute the Permit required by San Rafael Municipal Code Section 8.10.030. 2. Term. This AGREEMENT shall become effective on the date that it is signed by both parties and shall extend through September 30, 2015. Either party may terminate this AGREEMENT as provided for in Section 10. The parties may mutually agree to ZD extend the term by a written amendment to this AGREEMENT. 3. Scope of Use. CITY and REDWOOD agree that the use of the FACILITIES by REDWOOD and the responsibilities of the CITY and REDWOOD shall be as described herein. Chan -es in services and responsibilities must be negotiated and mutually agreed upon in writing by both parties. A. Site. (1) The FACILITIES are located at 50 Albert Park Lane in Albert Park, San Rafael and include the baseball field, stadium with lights, a portion of the stadium storage, portion of the adjacent parking lot, restrooms, dugouts, locker rooms, press box, activity area and public address system. 9 1 (2) The FACILITIES are further described in the Site Plan. Exhibit G. attached hereto and incorporated herein. (3) CITY shall make available the Lonatese Garden and San Rafael Community Center for use by REDWOOD Wednesdays, Thursdays and Fridays and other days as prior scheduling allows at the applicable fee K schedule for events and promotion activities. (4) CITY shall make available the Activity Area adjacent to the Stadium as shown in Exhibit G for use by REDWOOD one hour before each game for exclusive receptions and during each game for children's non Z:1 exclusive activities at the applicable fee schedule. B. Operations (1) REDWOOD shall be responsible for all aspects of operations of its professional baseball organization. (2) CITY and REDWOOD shall Mutually agree on a facility use schedule applicable on selected Mondays through Sundays, with games to start weekdays at 7:00 p.m., Saturdays at 5:00 p.m., and Sundays at 1:15 p.m. a. REDWOOD agrees to deliver a tentative schedule of up to 42 regular season dates, including playoff games, to CITY no later than December 31, 2012 and thereafter on December 31, or the next business day, of each succeeding year of this AGREEMENT. b. CITY agrees to provide REDWOOD a list of blackout dates, when games cannot be scheduled due to other FACILITIES schedules. c. CITY agrees to respond to REDWOOD on the tentative FACILITIES reservation schedule no later than fifteen (15) business days after receipt. d. The parties agree to work in good faith to agree on a FACILITIES reservation schedule amenable to both parties. e. When the schedule of regular season and playoff games has been Mutually approved, REDWOOD may request additional FACILITIES reservation hours for team practices, try outs, and other activities acceptable to CITY. All hours of FACILITIES reservation are subject to the CITY's fee schedule for use of the FACILITIES. f. CITY agrees to use reasonable efforts to accommodate rescheduling of any postponed games. g. During the term of this AGREEMENT. CITY agrees not to host other professional, semi -pro, collegiate, or similar team on more than 6 dates per year in aggregate, without prior written consent of REDWOOD. h. So long as there is no conflict with the approved facility reservation schedule for REDWOOD, CITY will continue its typical hosting of high school baseball, recreational softball, and other events at the FACILITIES throughout the term of this AGREEMENT. (2) CITY and REDWOOD mutually agree to abide by the Parking Plan attached as Exhibit B and incorporated herein by reference, applicable to all games and activities at the FACILITIES when the public is invited. REDWOOD agrees to restrict employees, staff, players and all other persons associated with games at the FACILITIES from parking in the San Rafael Community Center Parking Lot (with the exception of the back lot directly adjacent to the Stadium), or other parking lots adjacent to the FACILITIES without expressed permission by the property owner. (3) CITY and REDWOOD mutually agree to abide by the Traffic Plan, attached as Exhibit C and incorporated herein by reference, applicable to all games and activities at the FACILITIES when the public is invited. CITY and REDWOOD shall amend the Traffic Plan to include a strategy, approved by the CITY Traffic Engineer, for reducing pedestrian mid block crossing on Andersen Drive. (4) CITY and REDWOOD mutually agree to abide by the Safety and agree Plan, attached as Exhibit D and incorporated herein by reference, applicable to all games and activities at the FACILITIES when the public is invited. (5) CITY and REDWOOD mutually agree to abide by the Alcohol Management Plan, attached as Exhibit E and incorporated herein by reference, applicable to all games and activities at the FACILITIES when the public is invited. (6) CITY and REDWOOD mutually agree to abide by the Noise Management Plan, attached as Exhibit F and incorporated herein by reference, applicable to all games and activities at the FACILITIES when the public is invited. (7) CITY and REDWOOD mutually agree to abide by the Site Improvement Plan, attached as Exhibit G and incorporated herein by reference. All improvement proposals must be Submitted In writing by REDWOOD for approval by CITY before installation. (8) CITY and REDWOOD mutually agree to abide by the Concessions Plan, attached as Exhibit H and incorporated herein by reference, applicable to all games and activities at the FACILITIES when the public is invited. (9) CITY and REDWOOD agree to abide by the Community Benefits Plan, attached as Exhibit I and incorporated herein by reference. M C. Required Staffing. REDWOOD agrees to recruit, hire, train, super -vise, schedule, and, to the extent required by law and subject to use by REDWOOD of independent contractors, to provide payroll services and worker's compensation benefits for, employees required to support and conduct REDWOOD operations pursuant to this AGREEMENT, including but not limited to parking, security, concessions, guest services, coaches, players, and officials. D. Program Promotion (1) REDWOOD shall be responsible for promoting and publicizing its team, schedule, and program. CITY shall participate in promotion with permission of REDWOOD through local media including, but not limited to, CITY web site presence, and the CITY Activity Guide, as well as print material, data base communication, and public outreach. CITY agrees to support opportunities to promote the SAN RAFAEL PACIFICS BASEBALL CLUB within CITY's existing resources. (2) Sponsor and promotional signs in the interior of the FACILITIES may be installed with the prior approval as to design, size and installation of the CITY, which approval shall not unreasonably be withheld. Exterior signage must comply with San Rafael Municipal Code Title 14, Chapter 14.19. REDWOOD shall install its signage no earlier than May land shall remove it no later than September 30 each year during the term of the AGREEMENT (3) Promotional material generated by REDWOOD shall not represent CITY in general or specific terms as sponsor, co-sponsor, or affiliated with REDWOOD operations. (4) CITY and REDWOOD shall meet with the Park and Recreation Commission in July of each year during the term of this AGREEMENT and the end of each season, or no later than September 30, at times and places mutually agreeable, to review the management plans set forth in Exhibits B through I and issues arising from the use of FACILITIES. All parties shall work in good faith to resolve issues and/or address complaints. E. Maintenance of FACILITIES. (1) CITY shall deliver in good condition, within its commercially reasonable capacity to do so, fit for intended use, the FACILITIES and all furnishings, landscape, buildings, and equipment, and shall provide all N regular and routine maintenance of the FACILITIES related to the operation and preparation of the field, stadium interior and exterior, lights, dugout areas, entrances, and landscape. The term "regular and routine" shall mean routine expenditures in connection with the use of the physical plant such as general maintenance, cleaning, disinfecting, lighting, water, grass cutting, field preparations, and similar items which are regularly incurred, and for operating repairs to the fixed equipment, plumbing hardware and emergency repairs of similar nature. Prior to each game day, including scheduled team practices, tryouts, regular season and playoffs, CITY will prepare the playing field for batting practice three (3) hours before the scheduled First pitch. (2) CITY shall provide all utility, water, electrical, gas, and garbage disposal services to the FACILITIES, at its sole expense. (3) REDWOOD shall notify CITY of dangerous, hazardous, or unsafe conditions immediately upon discovery and shall prevent public exposure to such by means of notification and/or identification with appropriate signage and separation. (4) CITY shall provide timely repairs to furnishings, landscape, field, buildings, and equipment, and shall respond immediately to notification of dangerous, hazardous or unsafe conditions. (5) REDWOOD shall provide timely repairs to such temporary seats and restroom facilities that it will install pursuant to this AGREEMENT, and shall respond immediately to notification of dangerous, hazardous, or unsafe conditions. REDWOOD shall at all times comply with Americans with Disabilities Act requirements for access, seating, restrooms, etc. (6) CITY shall provide garbage receptacles and basic disposal service to serve the FACILITIES. REDWOOD shall provide recycling collection and disposal to serve the FACUTIES. (7) CITY shall provide all soaps and restroom paper products, and stock the same for the permanent restroorns located at the FACILITIES. (8) REDWOOD shall provide maintenance services after each game, limited to: - Sweeping out of dugouts, removal of chairs - Removal and storage of bases - Covering of pitchers' mound C� - Placement of all garbage, inside the stadium and ball field facilities, in receptacles, except on schedule pick up dates C Removal of field level seats required if field irrigation is impacted, or if another field user is scheduled before the next REDWOOD use Security of the interior/exterior gates, press box, restrooms, team rooms, and stands Daily cleaning of portable restroom facilities Extinguishment of field and grandstand lights (9) REDWOOD shall turn on all field, grandstand, and related lights 30 minutes before dusk. F. Equipment. (1) CITY shall provide and maintain fixed equipment and furnishings, including but not limited to a portable enclosed backstop, pitcher's Mound tarp, public address system, internet and phone service in the press box, non -motorized field maintenance apparatus, chairs, garbage receptacles, gate locks, and other items mutually agreed upon. Such equipment is intended for use on the site only. REDWOOD shall replace or reimburse CITY for damaged or lost equipment supplied by CITY, normal wear and tear excepted. (2) REDWOOD shall purchase all team related equipment, including safety and first aid equipment, at its sole expense and responsibility. (3) REDWOOD shall rent temporary restroom facilities, to supplement the permanent restroom facilities on site, at its sole expense and responsibility, and arrange for the security and service to same. As possible, service shall not be scheduled prior to 8:00 a.m. on weekdays and 9:00 a.m. on weekends. (4) CITY shall provide on-site seasonal storage for REDWOOD equipment as per the Site Improvements Plan, Exhibit G. (5) CITY shall provide REDWOOD with necessary keys and adequate access to the stadium. G. Concessions. (1) CITY agrees to allow REDWOOD, at its sole expense, to stage a temporary concessions area as well as other portable concession carts, BBQs, retail stands, and food service areas in the locations as mutually agreed. The design and form of such concessions must be approved by CITY before installation; said approval not to be unreasonably withheld. (2) REDWOOD shall open concessions facilities for general sales no earlier than I hour prior to the scheduled first pitch for each game. (3) REDWOOD, at its sole expense, shall provide all equipment and materials needed to support concessions. (4) REDWOOD shall ensure that all concessions comply with State, County of Marin, and City of San Rafael health and safety codes for the sales of food and beverages, as well as all other federal and state requirements, including the Americans with Disabilities Act. (5) REDWOOD may operate food, alcoholic and non-alcoholic beverage concessions upon request by groups renting the FACILITIES during the term of this AGREEMENT, in compliance with the operating standards and conditions required by this AGREEMENT. REDWOOD may be compensated for this service by groups renting the FACILITIES. (6) REDWOOD shall comply with the requirements of the State Alcoholic Beverage Commission and all conditions set forth by the San Rafael Police Department for the sales of alcoholic beverages. (7) REDWOOD and CITY agree to the Alcoholic Beverage Management Plan as attached as Exhibit E. (8) REDWOOD shall be wholly responsible for the security of the concessions equipment and furnishings. (9) REDWOOD shall be wholly responsible for collection and disbursement of garbage generated inside the concessions area. II. Fees. (1) REDWOOD shall pay CITY in accordance with the City of San Rafael Master Fee Schedule, for the use of FACILITIES $80/hr. with an additional $40/hr for use of field lights. If CITY revises the Master Fee Schedule IN SUCCESSIVE YEARS OF THIS AGREEMENT, the rate within this AGREEMENT shall increase no more than 10% each year over the Terni of the AGREEMENT. In exchange for and in consideration 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 $5,000 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 andior as approved in advance by REDWOOD CEO, and CITY's Community Services Director, or his/her designee. (2) Payment of Fees shall be due on the following schedule, as invoiced by CITY: - 25% of season fees due June I of each year of this AGREEMENT, net of 25% of annual credit - 25% of season fees due July I of each year of this AGREEMENT, net of 50% of anrival credit - 25% of season fees due August I of each year of this AGREEMENT, net of 75% of annual credit -25%, of season fees due September 30, of each year of this AGREEMENT, net of 100% annual credit (3) Fees due on September 30 payment of each year shall be adjusted as per actual hours used and credit granted for as per CITY. I. Revenues. CITY and REDWOOD agree that REDWOOD will retain 100% of revenues generated by Ticket Sales, Concessions, Merchandise Sales, TV/Radio/Online Broadcasts, and Sponsorships/Advertising, and all other revenues derived from REDWOOD use of the FACILITIES, unless otherwise agreed to. REDWOOD will determine all prices in its sole discretion. 4. Indemnification and Hold Harmless. Parties agree to the following: A. CITY agrees to protect, defend. indemnify, and hold harmless REDWOOD, its officers, elected officials, agents, and employees, from any and all claims, damages, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) due to the willful misconduct or sole active negligence of CITY arising in connection with this Agreement. I B. REDWOOD agrees to defend, indemnify, release, and hold harmless CITY, its officers, elected officials, agents, and employees (collectively, for purposes of these indemnification provisions, the "CITY"), from any and all claims, damages, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements), related to damage to property, and/or injury or death to any person occurring in, on or about the FACILITIES .71 during or in comiection with REDWOOD use of the FACILITIES pursuant to this AGREEMENT, or related to REDWOOD'S failure to perform any provision of this AGREEMENT. N In addition, REDWOOD agrees to defend, indemnify, release, and hold harmless the CITY from any and all claims, actions or proceedings brought against it, the purpose of which is to attack, set aside, void or annul the CITY's approval of this AGREEMENT, or the CITY's CEQA determination with respect to the approval of this AGREEMENT. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including REDWOOD, arising out of or in connection with the CITY's approval of this AGREEMENT. In the event REDWOOD is required to defend the CITY in connection with any said claim, action or proceeding, the CITY shall retain the right to approve any and all settlements, which approval shall not be unreasonably withheld. Nothing herein shall prohibit the CITY from participating in the defense of any claim, action or proceeding, provided that if the CITY chooses to have counsel of its own to defend any claim, action or proceeding where REDWOOD already has retained counsel to defend the CITY in such matters, the fees and the expenses of the counsel selected by the CITY shall be paid by the CITY. C. The provisions of this Section shall survive the tennination or expiration of this AGREEMENT. D. Nothing contained in this section or this AGREEMENT shall be construed to create a liability to or a right of indemnification in any third party. 5. Insurance. A. REDWOOD, at its sole cost and expense, shall obtain and maintain, during the life of this agreement such public liability insurance in the amount of $1,000,000 per occurrence, $3,000,000 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). m (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. (4) This insurance shall not be canceled; limited or non -renewed until after (30) 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. 6. Third Partv Action Notification. In the event any action or suit is filed or claim made against a party related in any way to the services performed pursuant to this AGREEMENT, that party shall provide prompt notice of the same to the other party. 7. Severabilitv. A. If a court of competent jurisdiction holds any part, term or provision of this AGREEMENT to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the par -ties' rights and obligations pursuant to this AGREEMENT shall be construed and enforced as if the AGREEMENT did not contain the particular provision held to be invalid, B. If any provision of this AGREEMENT is in direct conflict with any statutory provision of the State of California, that provision shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 8. Non -Waiver. A waiver by either party of the breach of any provision of this AGREEMENT by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 9. Assignability: No Third Partv Beneficiaries. A. REDWOOD shall not assign or transfer any interest in this AGREEMENT, nor its duties and obligations under this AGREEMENT, without the priortiNritten consent of CITY, said consent not to be Unreasonably withheld or delayed, and any attempt by REDWOOD to so assign this AGREEMENT, or any rights, duties, or obligations arising hereunder, shall be void and of no effect. B. Neither party shall assign or transfer its rights to enforce any part of this AGREEMENT. The obligation of the CITY and the obligations of REDWOOD stated in this AGREEMENT are not intended to, and do not, create 11 any rights to any other person or entity which such person or entity would not otherwise have in the absence of this AGREEMENT. 10. Termination. A. CITY Termination. CITY may terminate this AGREEMENT, for Cause only, prior to the end of the term hereof, upon thirty (30) days' advance written notice to REDWOOD. Cause shall be defined as default on any of the following ten -ns: (1) Upon written notice from CITY, if REDWOOD is in arrears on payments and does not cure within 10 days. (2) Upon written notice from CITY, if REDWOOD fails to correct, within 10 days of written notice, any failure to conduct its permitted activities in compliance with this AGREEMENT. (3) Upon written notice from CITY, if REDWOOD fails to maintain, within 10 days of written notice, insurance as required by this AGREEMENT. (4) Upon written notice from CITY, if REDWOOD fails to correct, within 10 days of written notice, REDWOOD's breach of any other material term of this AGREEMENT. B. REDWOOD Termination. REDWOOD may terminate this AGREEMENT without Cause upon thirty (30) days' advance written notice to CITY anytime during the Off -Season (defined as either (i) after the last regular season game of any season and owbefore December 31 of any season during the Term, or (ii) any time before March 1, 2015). In this event, no Fees shall be due for the upcoming season. REDWOOD may also terminate this AGREEMENT at any time for Cause, which shall be defined as CITY's failure to correct, within 10 days of written notice, CITY's breach of any material term of this AGREEMENT. In the event that either party terminates this AGREEMENT, each party agrees to be solely responsible for any costs incurred by it that are associated with removal of temporary equipment. utilities and/or facility management. 11. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses below, or to such other addresses as the parties may hereafter designate in writing: TO CITY: Carlene MCCart, Director San Rafael Community Services IN 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO: REDWOOD SPORTS AND ENTERTAINMENT GROUP, LLC Michael Shapiro, General Manager San Rafael Pacifies Baseball Club 11152 nd Street San Rafael, CA 94901 Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when so mailed or hand delivered to the addresses specified above. 12. Survival. Any provision of this AGREEMENT that imposes an obligation after termination or expiration of this AGREEMENT shall survive the term of expiration of this AGREEMENT and shall be binding on the parties to this AGREEMENT. 13. Governing Law. This AGREEMENT shall be governed by and construed in accordance with the laws, rules and regulations of the State of California. 14. Compliance with Law. All parties to this AGREEMENT shall comply with all applicable federal, state and local laws, riles and regulations in carrying out the terms and conditions of this AGREEMENT. 15. Neutral Authorship. Each of the provisions of this AGREEMENT has been reviewed and negotiated and represents the combined work product of all parties hereto. No presumption or other rules of construction which would interpret the provisions of this AGREEMENT in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this AGREEMENT. 16. Filing. A copy of this AGREEMENT shall be filed with the City Clerk's office. 17. No Emplovment Relationship. CITY and REDWOOD understand and expressly agree that in connection with this AGREEMENT, each party bears frill responsibility for controlling the manner and means by which its respective employees, agents, and volunteers perform work, and for providing all compensation and other employment benefits including payroll taxes and worker's compensation coverage to its respective employees. REDWOOD employees are not CITY employees and CITY employees are not REDWOOD employees, and employees of either party shall have no right to, and shall make no claim for, any type of employment benefits or compensation from the other party. 13 18. Entire Aereement—Amendments. The terms and conditions of this AGREEMENT represent the entire AGREEMENT of the parties with respect to the subject matter of this AGREEMENT and supersede any and all prior negotiations, discussions, understandings, and agreements between the parties as to the subject matter hereof. The terms and conditions of this AGREEMENT shall not be altered or modified except by a written amendment to this Agreement signed by CITY and REDWOOD. The City Manager, or her designee, is authorized to alter or modify the terms and conditions on behalf of CITY as necessary. The Managing Member of REDWOOD or his/her designee is authorized to alter or modify the terms and conditions on behalf of REDWOOD as necessary. IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the day, month and year first above written. CITY OF SAN RAFAEL NANCY JACKLE, City Manager ATTEST: ISTHER C. BEIRNE. City Clem " REDWOOD SPORTS AND ENTERTAINMENT GROUP, LLC EUGENE LUPARIO, MANAGING PRINCIPAL OWNER, REDWOOD SPORTS AND ENTERTAINMENT GROUP, LLC APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney Attachments: Exhibit A: Proposal for Use, dated November 2012 Exhibit B: Parking Plan Exhibit C: Traffic Estimate Exhibit D: Safety and Security Plan Exhibit E: Alcohol Management Plan Exhibit .F: Noise Management Plan Exhibit G: Site Improvements Plan Exhibit H: Concessions Plan Exhibit I: Community Benefits Plan t'C'! Exhibit A . 0 The 2012 NAL Champions .. Redwood Sports and Entertainme November f M edwood Sports and Entertainment 2 PROPOSAL TO RETURN PROFESSIONAL BASEBALL TO ALBERT PARK FIELD i. INTRODUCTION Prior to a single pitch being thrown in San Rafael Pacifics franchise history, the team had one clear message to a community that had cautiously opened its hearts to this new venture: this will be all about having FUN! Give us a chance and we promise you a great summer of low-cost, family entertainment. It rang true through the summer months, over the course of 42 home games, and when it was all said and done — the Pacifics' inaugural season gave the community not only a wonderful and charming civic asset but also a championship team to call their own. A dramatic 6-5 victory over the Maui Na Koa lkaika in Game 3 of the North American Baseball League's North Division Series on August 26, put the finishing touches on a magical ride in San Rafael. San Rafael and Marin County residents figured out that there was something great going on at historic Albert Park and over the summer and increasingly they showed up for some unbelievable baseball and close to home entertainment that didn't break the family budget. For a team with so many roadblocks prior to Opening Day, the Pacifics never wavered from its course. • The team promised the community that it wouldn't create traffic jams, parking problems or neighborhood issues, and it didn't; • The team promised to spend locally, and they did; they promised to bring in new business to local merchants, and they did; • The team promised to hire local teens for summer jobs; and they did. • The team promised to restore Albert Park into the charming, historic venue that would give pride to the community, and they did At every turn, the Pacifics fulfilled their promises to the community and, at the end of the 2012 season, they proved that independent minor league baseball had a place in the fabric of this great community and could provide a source of civic pride, great social and economic benefit and a joyous source of entertainment for years to come. The experiment worked to everyone's advantage. The fans came. And in turn, the Pacifics gave them an unforgettable summer. It would be safe to assume that the feeling is mutual. Redwood ii and '.EROPOSAL TO RETURN PROFESSIONAL BASEBALL TO ALBERT PARK FIELD 2 "Along with a dozen friends, I attended my first Pacifics game Monday. It was the best baseball experience I've had in years! Thanks for bringing such a fun filled family friendly game to Marin. Can't wait to hear"Play Ball" at Albert Park again!,. Mary Bell Pacifics Fan This proposal to bring the Pacifics professional minor league baseball team back to Albert Park Field represents an opportunity for the City of San Rafael and Marin County to recapture that spirit of "old time" baseball and to realize all the benefits minor league baseball brings to the social fabric of the community. 11. THE PACIFIC ASSOCIATION OF PROFESSIONAL CLUBS The Pacific Association of Professional Baseball Clubs, a newly formed independent professional minor league, was recently created as a successor to the North American League. Initially teams will operate California and Hawaii, with plans to include international exhibition games and additional teams going forward. The new league will feature 4teams playing in California: San Rafael, and Delano; and Hawaii; Maui and Hilo. Teams play an 84 game regular season with each team playing 42 home games between late May and early September. International independent league teams from Japan and Mexico may play portions of their seasons against Pacific Association clubs. A unique playoff structure involving all 4 -league teams will be played in San Rafael at the end of the regular season. The Pacific Association will be professionally operated under the auspices of the league's Commissioner, Mike Marshall. Mike led the Pacifics to their 2012 championship and, as well, he brings more than 30 years of professional baseball experience — including two World Series championships with the Los Angeles Dodgers in 1981 and 1988, and a North American Baseball League title with the Chico Outlaws in 2010 — to his post. Marshall has served as the Vice President of Baseball Operations for the Northern League, and was president of the NABL's Yuma Scorpions from 2007-'09. He also managed the team from 2006-'08. Redwood Sports and Entertainment 4 PROPOSAL TO RETURN PROFESSIONAL BASEBALL TO ALBERT PARK FIELD ><ll. THE PROPOSAL TO RETURN PROFESSIONAL BASEBALL AT ALBERT FIELD "The San Rafael Pacifics have started off the season with a bang, drawing big crowds, building a fan base and winning games. They may even be winning over those who were worried that minor-league baseball would disrupt the peace and quiet around Albert Park. The minor league baseball team has not created the noise, traffic and parking nightmares some neighbors had feared in opposing the team's use of the city -owned park. So far, the Pacifics have filled the venerable park with family- oriented fun and a chance to root for the home team." Marin Y, June 17, 2012 The 2012 Use Agreement between the City of San Rafael and the Pacifics for the use of Albert Park outlined a plan governing the operations of the team's home games and, in so doing, to mitigate against potential impacts on traffic, parking, noise and other issues that could potentially affect the quiet enjoyment of the neighborhood. As a result of the cooperative efforts between City staff, the community and the baseball team none of the concerns materialized. Within the spirit of a public/private partnership, the Pacifics and the City staff diligently worked together to assure each of the operating plan elements was consistently employed and honored. As a result, the Final Report from the Albert Park Citizens Advisory Committee concluded the following: "The performance by both the City and Centerf<eld contributed to a successful first season for the City of San Rafael and the Pacifics. The support of the community as demonstrated by the more than 32,000 tickets sold, the average game attendance, the letters and petitions, along with the business sponsorships and relationships indicate the use of Albert Park by the Pacifics was well received. " A. The Use Agreement for Albert Field 1. Term of Agreement: Redwood Sports and Entertainment 5 PROPOSAL TO RETURN PROFESSIONAL BASEBALL TO ALBERT PARK FIELD The success of the 2012 season has convinced the Pacifics that the team is viable as both a business and community benefit entity, and as such, the team proposes a new agreement for a three-year period based on largely the same terms and conditions as in the initial Use Agreement. Building on the success of the 2012 season, the Pacifics wish to provide greater certainty to its fans and to its investors that the team will be located at Albert Park for years to come. 2. Schedulinq: The feared traffic congestion, particularly on Friday nights, did not materialize. As a result, the Pacifics believe that earlier weeknight games both allow for fans to attend games at a reasonable hour and, as well, leave games at a reasonable hour. By leaving games earlier any potential disturbance to neighbors is greatly reduced. The Pacifics wish to play their weeknight games at 7p.m. and not adjust game times on Friday nights. The team experimented with 5p.m. Saturday night games at the end of the 2012 season and felt it proved to be a success as families were able to come early and still have their Saturday evenings available for other activities. The team would like to continue the 5p.m. Saturday night games and the 1:15 Sunday afternoon games. 3. Parking_ Subject to agreement with the San Rafael Corporate Center the Pacifics intend to continue their policy of providing free parking. Fans quickly realized the benefits of parking directly across the street in the SRCC lots and, with the exception of some issues with respect to jaywalking, the lot usage proved to be safe, convenient and easily managed. 4. Safetv And Security: The Pacifics relationship with Barbier Security succeeded in managing the security needs of operating at Albert Park. With very minor exceptions, there were virtually no security or safety issues realized during Pacifics' games. There were no alcohol-related issues, no fan behavior issues and no complaints during game operations. Pacifics' staff and Barbier security guards worked seamlessly to provide fans and community -members with a safe and secure fan experience at Albert Park. 5. Stadium Improvements: As a part of its 2012 agreement and as a part of its community pledge, the Pacifics spent more than $30,000 in repairs and improvements to the aging facility and wishes to continue its improvement program going forward. This only makes financial sense if there are assurances that the team will remain playing its home games over the next three years. Among the many improvements the Pacifics made to Albert Field are: • New backstop screen Redwood Sports and Entertainment PROPOSAL TO RETURN PROFESSIONAL BASEBALL TO ALBERT PARK FIELD • Protective fencing around dugout areas • New concession stands • Painted grandstand • Completely renovated home clubhouse • New field seating sections • Fencing repairs • New flag pole • Renovated infield Going forward the Pacifics intend to extend the renovation program in concert with the City. Among other desired improvements are replacement of the infield, additional rest rooms, a new scoreboard and renovation of the visitor's clubhouse. A three-year lease will allow the City and the team to properly plan, finance and accomplish the ultimate goal of fully restoring Albert Park. B. Community Benefits to the City of San Rafael As discussed above, the Pacifics proudly fulfilled their promises in integrating the team with the local community. At the outset, we preached the benefits of a minor league baseball team: local jobs, local spending, local economic improvement and local appearances at schools, hospitals, senior center, youth sports games and civic events. 1. Part -Time Jobs Pro rg am: The team hired over 50 part time local teens and adults to operate the concession stands, game day operations and front office staff. We held a Job Fair in April that attracted over 100 applicants; we hired S local college students for summer internships and created a unique "Living Laboratory" media program with Dominican University (Pacifics radio broadcasts) and the Community Media Center of Marin (Opening Day telecast). 2. Community Outreach Program: The Pacifics' players, coaches, mascot and staff made over 50 local appearances at schools (reading programs, career days, etc.), senior centers, hospitals and other community events including Chamber of Commerce functions, May Madness Parade and the Parade of Lights. In addition Hispanic players made appearance at Pickleweed Park and other Canal area events; the team partnered with the Whistlestop program; created special events with the San Rafael Police Department's Camp Chance program, and participated in many other civic and charitable causes. Redwood !• and Entertainment i .OSAL TO RETURNPROFESSIONAL-PARK FIELD The team donated tickets to underprivileged kids, gift items to school and non-profit auctions, and player appearances for youth camps and clinics. 3. Economic Improvement: Local businesses benefitted greatly by the presence of the Pacifics in the community. On game days, local businesses reported increased customer spending. Over 50 local businesses supported the Pacifics with sponsorships, ads and group events at the ballpark; the Pacifics' visiting teams and fans stayed in local hotels and spent money in local businesses; the Pacifics bought goods and services from local businesses (office supplies, signage, printing, equipment, etc.); and local residents who wouldn't otherwise visit downtown on game days spent money with local businesses both before and after games. Both direct and indirect spending with local businesses created a substantial economic benefit for the community In addition, the Pacifics enhanced the brand image of San Rafael as a community that embraces low-cost family entertainment, a lively downtown business district and a supporter of the arts and sports. Building on the tremendous success of the 2012 San Rafael Pacifics, new, local ownership was acquired by the team to create a more dynamic connection to the local community and to solidify the team's economic viability. Ross resident, Nancy Alvarez, and Corte Madera residents, Eugene Lupario and Michael Shapiro, anchor the new ownership team, Redwood Sports and Entertainment TO BE PROVIDED Michael Shapiro, President and General Manager, San Rafael Pacifics Baseball Club Mike is a veteran of over 25 years in the sports and entertainment industries. His career includes service as a senior executive and legal counsel of 5 sports franchises, with extensive oversight of all aspects of sports team management and operations, including legal, facility oversight, HR, and finance. Mike began his career as VP and General Counsel of the San Francisco Giants. He has served as Senior Counsel to the Atlanta Braves, Atlanta Hawks and Atlanta Thrashers. He recently served as the Washington Nationals SVP for Business Affairs. Mike currently resides in Corte Madera, CA with his wife and two sons; is a partner in the Marin Sports Academy, a proposed sports facility project in Novato; and teaches Team and Facility Operations at the University of San Francisco Sport Management graduate program. Redwood Sports and Entertainment 8 PROPOSAL TO RETURN PROFESSIONAL BASEBALL TO ALBERT PARK FIELD Eugene Lupario, Managing Principal Owner, Redwood Sports and Entertainment Eugene Lupario graduated from the University of Michigan in Ann Arbor and was a top pick to work for the E&J Gallo Winery immediately out of school. Over the course of the next eight years, he took on many roles during his tenure, including time in the winery's Marketing Department in Modesto, Calif. In 1996 Lupario left Gallo to help found Silicon Valley Staffing Group, where he is responsible for sales and recruiting efforts, and oversees the direction of the organization. Eugene's ambition in bringing professional baseball to historic Albert Park and the greater Marin community is what fuels his passion for the Pacifics. Lupario has coached in the Twin Cities Little League for most of the past decade, and is an active board member for the league. He also is involved with Camp Okizu — a Novato -based foundation that provides free summer camps for children with cancer. Born and raised in Connecticut, Lupario moved to Northern California after graduating from Michigan in 1988 and married his wife Janette Keaton in August 1992. They have two sons, John — a Redwood High student and baseball player — and Andrew, who attends Hall Middle School and is also an avid baseball player. V. CONCLUSION across"I live half way •Indianapolistwent to love.two Pacifics games... From the moment I walked into the stadiu I was in t • " on the family, a great alonevalue. Each time there I was but • conversations with wonderful t.-ti.would seasonhave a ♦ could go .. l season of t. throwback see thl Giants. It's baseball wear my Pacifics tee shirt proudly to work. I cannot wait for m trips back to the area and one of the first things I will do is chec" the schedule. you havenever been to game do yourself favort * i. • r, Pat S., Carmel, Indiana This proposal is meant to build upon the tremendous success of the 2012 season by assuring the Pacifics will play in Albert Park for at least three more seasons. This partnership between the City and the team is a sterling example of how a community can benefit from having a Redwood Sports and Entertainment � PROPOSAL TO RETURN PROFESSIONAL BASEBALL TO ALBERT PARK FIELD| minor league baseball team and how ateam can benefit from having supportive fan base, business environment and local government behind it. The Pocifics have proven that they bring a unique, new/ element to the vibrant mix of cultural and entertainment options that San Rafael and Marin County offer their communities. True, this is about a professional baseball team playing its home games at wonderfully charming ballpark that evokes sentiment fora bygone era, but it's also about offering a place for kids and teens to spend their summer nights; about ballplayers visiting hospitals and senior centers, about honoring policemen, firemen and teachers with throwing out a first pitch; about kids running the bases after game. All this, for very \mxx cost and close by- right in the middle of town —just like itused tobe. Just like itshould be. I. INTRODUCTION Downtown ballparks can promote local economic development while mitigating congestion and noise, based on the experience of other stadiums throughout the country. As proven in many urban ballpark models, such as Baltimore's Camden Yards for example, a pro -active parking and traffic management plan and a positive working relationship between the ballpark operator, the City, and local residents can allay any feared negative impacts. "Camden Yards has been a wonderful neighbor," proclaims Bill Cole, President of the Otterbein Neighborhood Association. His counterpart, Ridgely's Delight Neighborhood Association President Brian Dale, echoes these sentiments, noting that he and other neighbors were "surprised by how well the City and the Orioles have been able to curtail parking, traffic and other nuisances often associated with large stadiums." In this example (above), with encouragement from a team and City -led promotional campaign to encourage fans to park, shop and dine downtown, fans learned to park in downtown lots, ballpark lots_ and either walk or take public transportation to the game. As a result, many baseball fans pass by downtown shops and restaurants on their way to games, thus boosting local economic development while preserving the quality of life in neighboring residential districts. Redwood Sports and Entertainment ("Redwood") proposed to locate a Pacific Association of Professional Baseball Clubs franchise at Albert Field beginning in May 2013. Based on projected seating capacity, proximity to downtown San Rafael and adjoining neighborhoods a parking management plan is a key element to the proposal to continue the use. Parking is an essential component in successfully operating a sports franchise, particularly when the ballpark is located in close proximity to a downtown environment. Parking convenience is integral to -NNI) ]�-N'J'EUTAUNMENTJ 2 ALBERT FIELD PARKING PLAN encouraging attendance at baseball games but is, as well, critical to diverting traffic from nearby neighborhoods and to avoid undue congestion in the downtown business district. This Parking Plan (the "Plan") will outline where parking facilities for games at Albert Park will be located, how they will be operated and developing strategies for parking management. In addition, prior to each season Redwood will review with the Fire Department the onsite -parking layout to ensure adequate Fire Department apparatus access is provided through the drive aisles. 11. MODES OF TRANSPORTATION: Considering the lack of public transportation (prior to the advent of SMART) it is generally assumed that most of the fans accessing Albert Field for games will attend by car. Outside of local fans walking to the ballpark or taking bicycles or fans already parked in downtown locations, the fans attending games represent incremental traffic. Based on industry experience in ballpark locations underserved by public transportation, the following chart represents an assumed breakdown of transportation access to Albert Field: MODE OF TRANSPORTATION I 80% ALREADY PARKED DOWNTOWN 5-10% WALKING 15-10% BICYCLE 2% • I11. VEHICLE OCCUPANCY RATE In accordance with the Albert Field Site Improvements Plan set forth in Exhibit G, Redwood intends to expand seating capacity from approximately 700 to approximately 800 seats. Redwood believes that its average game attendance will be between 500 and 800. Sports facility industry standards generally assume 2.5 to 3 people per car. The City has determined the parking plan for this proposal be calculated utilizing the 2.5 average vehicle occupancy figure. V"EI)XI'001) S110113_rT4,­, AND E.NTE1.'_TA1_NN1J:N­r 3 ALBERT FIELD PARKING PLAN According to a Transportation Research Board paper titled "Get Me to the Ball Game on Time" (Transportation Research Record 1735, Paper No. 00-0907); a stadium without good rail access can expect an average vehicle occupancy (AVO) of 2.6. According to a Federal Highway Administration report called "Managing Travel for Planned Special Events" (FHWA-OP-04-010), "A vehicle occupancy factor of 2.5 persons per vehicle represents a common assumption". This study found San Francisco Giants games to be 2.8 occupants per vehicle. IV. PARKING SPACES REQUIRED Accordingly, the following chart reflects a range of anticipated parking demands at multiple attendance points, assuming 80% of fans arrive by car: ATTENDANCE ATTENDANCE 1:2.5 AVO 1:3.0 AVO VIA CAR 300 240 96 cars 80 cars 500 400 160 cars 133 cars 800 640 256 cars 213 cars Under the more conservative estimate of 2.5 occupants per vehicle for a sold out game, 256 spaces will be needed. V. PARKING INVENTORY To accommodate fans attending games via car, Redwood has secured agreement from Seagate Properties to provide free parking immediately adjacent to Albert Field at the San Rafael Corporate Center (SRCC) (see letter from Dennis Fisco, attached hereto). The SRCC is located directly across Andersen Drive from Albert Field and has 609 parking spaces. Additionally, approximately 700 additional spaces in City parking lots at A Street and C Street will be available to accommodate any additional parking needs. The lots are conveniently located between the downtown business district and the ballpark, which will encourage pre -game shopping and dining on the 4t" Street corridor. The City lots are within an estimated 10 -minute walk of Albert Park. ALBERT FIELD PARKING PLAN Based on the assumption that most fans driving to the ballpark will seek to park as close as possible to the ballpark, it is anticipated that the SRCC lots will be the primary parking site. The following table shows parking availability at SRCC: ATTENDANCE SRCC Cars (2.5 AVO) Remaining Capacity 300 609 96 513 500 609 160 449 800 609 256 353 The number of parking spaces provided at SRCC exceeds the number of parking spots anticipated to be needed, even in the unanticipated, scenario where seats are sold out and standing room only tickets are issued. a. M ;4q� . Legend: G -City Garage; L -City Lot ALBERT FIELD PARKING PLAN VI. PEAK ENTRY AND EXIT TIMES Based on the permitted game time schedule, projected gate openings and game times are as follows. Note Redwood has agreed not to throw the first pitch on a weeknight game (Monday to Thursday) before 7:OOpm and expects most weeknight games to start at 7:00 pm. In order to deflect traffic from peak Friday commute times, Redwood expects to start Friday night games 7:15pm. TYPICAL TYPICAL TYPICAL SUNDAY WEEKNIGHT/SATURDAY FRIDAY NIGHT GAMES* NIGHT GAMES* GAMES GATES OPEN 6:15p/4:OOp 6:30P 11:30a FIRST PITCH 7:00/5:OOp 7:15P 1:05p *times may be different, but this illustrates a typical game scenario. According to the Transportation Research Record paper titled "Get Me to the Ball Game on Time" (Transportation Research Record 1735, Paper No. 00-0907), 70% of arrivals occur in the 60 minutes prior to a game start. Based on this, for a capacity game of 800 where 256 cars attend, this implies that 179 cars would arrive between 6:OOp and 7:OOpm on weeknights, 4:00 and 5:00 pm Saturday nights and between 12:00 and fpm on Sunday afternoons. While fans may tend to enter earlier on Saturday nights and Sunday afternoons when school is out, it is likely that weeknight games will find fans entering the park closer to game time as workers leave their offices, meet family members and, possibly, dine in the downtown business district. An average minor league game lasts for approximately 3 hours, so night games will generally end around 10:15pm and day games around 4pm. Industry experience suggests that fans leave games at varying times but tend to exit from the 7t" inning on depending on school nights, weather, age of children and game score. As such, fans may begin leaving the park as early as Spm. ALBERT FIELD PARKING PLAN 1. Ingress/Egress: The SRCC lots are accessible by entry points at Lindaro Street and Andersen Drive. As the bulk of traffic approaching the ballpark is anticipated to flow from northerly and southerly exits off Highway 101, it is expected that 3rd Street will bear the bulk of pre -game traffic. Prominent signage will direct cars into the SRCC parking lot. At both Lindaro and Andersen, appropriate signage will assist cars into lots where lot attendants will either (i) queue cars deep into the parking lot to avoid queuing on the roads or (ii) direct cars into available stalls. Redwood will coordinate specific traffic control strategies and requirements with the Department of Public Works and the Police Department on an ongoing basis. 2. Fan Conduct: Fans will not be permitted to use the parking lots for tailgating, picnics, parties, alcohol consumption or other inappropriate behavior. If any such conduct should continue after a warning to cease and desist, the posted security guard and lot attendants will report any violations to the San Rafael Police Department and such offending parties will be denied admission to the ballpark. 3. Parking Fee: No fees will be charged for parking at the SRCC parking lot. 4. Staffing: The SRCC lot will have a security guard patrolling throughout the game and until hour after the last out. The guard will enforce rules against tailgating, alcohol consumption and inappropriate behavior. Lot attendants will remain at their posts until the third inning of each game. S. Pedestrian Flow: Pedestrians will not be permitted to jaywalk across Andersen Drive. For example, pedestrians may be required to cross Andersen Drive from the SRCC parking lot via the crosswalk at the corner of Lindaro and Andersen. Lot attendants, security ALBERT FIELD PARKING PLAN guards and signage would direct guests to the crosswalk. Temporary barricade - like structures will extend along Andersen from the lots past the Lofts to further emphasize the prohibition on jaywalking across Andersen. The placement of such barricade -like structures will be submitted for prior approval by the Department of Public Works and the Police Department. From the west sidewalk after crossing Andersen, guests will be directed to the ballpark Main Gate in front of the grandstand with signage. Only the Main Gate will be open for ingress although other gates will be unlocked for emergency exit only. 6. Parking Lot and Andersen Drive Lighting: The City will assess the current lighting capacity to determine its adequacy for the proposed use. The City may elect to install additional temporary lighting, at City expense, to address potential concerns. These measures proved successful in traffic management during the 2012 season. VIII. PLAN TO DIVERT PARKING FROM ADJOINING NEIGHBORHOODS, Redwood is cognizant of the need to divert ballgame parkers from the Gerstle Park and other surrounding neighborhoods. Redwood will work with the City on the following measures to prevent parking infiltration: • Directional signage program: Signs directing cars to SRCC and City lots posted at key locations on 2nd and 3rd Streets at Lincoln, Lindaro, A, B, C and D Streets • Public information campaign: Redwood will promote use and access points for the SRCC and City lots in its promotional and advertising materials. Ticket sales efforts through the team website, advertising and promotional events will include parking directions • Neighborhood partnership review: The residents of Gerstle Park and other adjacent neighborhoods will have direct access to team management in the event of any issues concerning traffic, parking or any other negative impacts created during ballgames. Further, team management will meet with the Park and Recreation Commission, at mid-season and at season's AL -ND 8 I ALBERT FIELD PARKING PLAN end to encourage input from the community in resolving any problem areas and to seek ways to better integrate the team with the residents. Redwood pledges to work in partnership with the local community and to use commercially reasonable efforts to resolve any problems that should arise from the presence of the team at Albert Field. EXHIBIT C I. INTRODUCTION In coordination with the Albert Field Parking Plan, Exhibit B, this Traffic Estimate exhibit will estimate the traffic count, expected arrival patterns, and set forth the strategies to accomplish the following goals: • Provide access to designated public and private parking lots (SRCC) to divert traffic from residential streets and to discourage fans from parking in local neighborhoods • Provide Fire Department access into driveways, field and throughout premises to ensure adequate Fire Department access prior to and during all use periods • Organize and manage traffic to ensure pedestrian and traffic safety • Minimize impacts on local residents, commuters, office workers and other non -game traffic as much as possible • Operate traffic and parking to ensure that fans will have a pleasurable game day experience • Encourage ballpark access by walking, public transit and bicycles 11. FAN BASE ASSUMPTIONS 1. Geographic Access Assumptions: Minor league baseball, particularly independent leagues, generally draws fans from a circumference of 25 miles. In the case of San Rafael there are some natural impediments to extending beyond the immediate Marin County geographic base. The Bay and the Richmond -San Rafael Bridge may reduce fan access from the east; small population centers and narrow roads will likely minimize much fan access from the west; the narrowing of Highway 101 between Novato and Petaluma may decrease fans accessing from the north. ALBERT FIELD TRAFFIC MANAGEMENT PLAN I As a result, the San Rafael team's principal fan base is expected to come primarily from Marin County, as follows: LOCATION NIGHT GAME PRINCIPAL ACCESS FAN BASE % DRIVE TIME POINT SAN FRANCISCO 20 MINUTES HIGHWAY 101 N 5% SOUTHERN MARIN 10 MINUTES HIGHWAY 101 N 30% (SAUSALITO, MILL VALLEY, TWIN CITIES) WEST MARIN (SAN 15-20 MINUTES SIR FRANCIS 10% ANSELMO, FAIRFAX, PT. DRAKE/2NI REYES) STREET EAST BAY (RICHMOND, EL 25-30 MINUTES HIGHWAY 101 N 5% CERRITO, SAN PABLO) CENTRAL MARIN (SAN 5-10 MINUTES HIGHWAY 101 S 40% RAFAEL, NOVATO) NORTH BAY (PETALUMA, 15-20 MINUTES HIGHWAY 101 S 10% SANTA ROSA) In summary, 40% of cars are expected to arrive from the South on 101-N, 50% of cars are expected to arrive from the North on 101-S, and 10% of cars are expected to arrive from the West on Sir Francis Drake/2nd Street. 2. Modes of Transportation: As discussed in Exhibit B, approximately 80% of fans are expected to attend games via car. The following chart is repeated here for reference, showing our assumed breakdown of transportation access to Albert Field: % OF USE 80% UU,A)X1'001) S1`01%'TS A. -NI) ENTEI.1-17AENAIE-Nrl' 13 ALBERT FIELD TRAFFIC MANAGEMENT PLAN ALREADY PARKED DOWNTOWN 5-10% WALKING 5-10% BICYCLE 2% 3. Alternative Access Strategies In line with its goal to reduce fan access by automobiles and, thus, reduce traffic impacts, Redwood will promote a strategy to increase local use of bicycles, to promote use of mass transit, and walking to the ballpark. 1. Traffic Count: As discussed in Exhibit B, assuming average attendance of 800, there will 256 incremental cars added to the local traffic count related to a baseball game. Note that on holidays or during post season league play it is possible that seats could be sold out, and standing room only tickets issued, as is the historic practice of other uses of Albert Park baseball facilities. The data used in this Plan assumes the more likely scenario that attendance will remain at or below the seating capacity of the facilities. According to a Transportation Research Record paper titled "Get Me to the Ball Game on Time" (Transportation Research Record 1735, Paper No. 00-0907), 70% of arrivals occur in the 60 minutes prior to a game start. As a result, for a 7:00p game time with maximum attendance, an estimated 179 cars (256*70%) will arrive between 6:00pm and 7:00pm for night games. 2. Points of Access: As reflected in the fan base chart above, 40% of anticipated traffic will access via Highway 101 North and 50% will access by Highway 101 South. Using our assumed traffic count within 1 hour of game time (and 800 attendance), 102 cars (256*40%) will access by 101-N and 128 cars (256*50%) by 101-S. 26 cars (256*10%) will arrive from the West on Sir Francis Drake/2nd Street. 11"EMi 001) A - M-) E\-`lER",T_\1N\ E'_NT 4 ALBERT FIELD TRAFFIC MANAGEMENT PLAN There are 3 points of access to Albert Field. From the North, traffic will leave 101 at the Central San Rafael exit. From the South, the Central San Rafael exit and the Andersen Drive exit are access points. 3rd Street, Lindaro Street, and Andersen Drive are expected to be the principal street access points into the ballpark area. IV. TRAVELLER INFORMATION The goals and strategies of this Plan will be accomplished through a coordinated public information campaign utilizing: advertising, ticket purchasing points of sale (online, ticket office, other sales outlets), print, broadcast, signage and other means of communication. A directional signage program will be initiated with both CalTrans, for highway signage on 101, and with City of San Rafael Traffic personnel, for city streets, to provide proper signage placements to direct traffic into SRCC and City -owned lots. The maximum incremental traffic generated by San Rafael baseball fans during the peak arrival hour before game time, using maximum attendance, is 256 cars. Expected Cars Time Distribution Fans 180% via car: 2.5 AVO)Cars > 60 min prior{ars 0-60 min prior 30% 70% 300 96 28 38 500 160 48 112 800 256 77 179 Cars 0-60 min prior Hwv 1015 Hwv 101PJ 2nd St 50% 40% 10% 19 15 4 56 45 11 90 72 17 The majority of night game ingress will start at 6:00p for a 7:00p game, after the greatest post -workday burden on local roads near the ballpark. Due to the expected use of Highway 101 as the main access road, and the ease of entry to the SRCC lots it is likely that traffic patterns upon arrival will avoid local neighborhoods. The implementation of an intensive highway and surface road signage and public information campaign to direct cars to ballpark parking will further minimize the impact to adjacent neighborhoods. 11!E'DAV()(-)D SII'()I'ZTS AND If 5 These traffic estimates proved reliable during the 2012 season, as per the Albert Park Community Advisory Committee Final Report to the San Rafael Park and Recreation Commission. I. INTRODUCTION The safety and security of fans attending games at Albert Park is of the utmost importance and must be assured in order for the fans to attend on an ongoing basis. We cannot expect to draw a large fan base without a safe and secure environment. Safety is a global concern today more than ever, and we now need security for not just crowd control, but also for protecting participants and guests, the personal belongings of the guests, and the venue. Redwood Sports and Entertainment will prepare a thorough and detailed Security Plan for City Staff, Security Agency and SRPD review, and submit it at least 45 days prior to season start. Projected areas that will be addressed in the Plan follow below. 11. THE ALBERT FIELD SECURITY PLAN 1. General Objectives: • Provide a safe environment for staff, visitors and neighbors • Prevent the disruption of the games • Protect property against damage or loss • Assure the fans have a great experience, including the orderly operation of fans' entry and exit 2. Core Components: • Description of the nature and requirements of the event • Objectives of the security plan • Execution — how the security plan will be implemented detailing the roles and functions of the staff, locations, actions, escalation processes, emergency t:_ Jti i'C)C3t3 13013'I':� :<N']);N'111-JIZ'TAI�NNIENI" 1 2 ALBERT FIELD SAFETY AND SECURITY PLAN response requirements (including how medical emergencies will be handled) and all relevant information regarding conditions of entry, timings, etc. • Administrative processes which could include meals, briefing times, points of contact, reporting processes. • Communication plans, equipment requirements, site maps, key points of contact and staffing details including radio call signs etc. 3. Planning Requirements: • Parking ingress/egress and pedestrian flow - exits/entrances/access ways • Event operations • Alcohol controls • Medical emergency procedures • Infrastructure • Enforcement of perimeter fencing around licensed areas • Protection of field, fans, cars in SRCC lots, neighbors • Lighting in the area • Use of PA system for disclaimers, public service and emergency messages • Formal lost children process • Signage — directional, warning of hazards, informational • Enforcement of traffic management plan —assist safe access in and around the event site 111. SELECTION OF SECURITY FIRM Redwood will retain Barbier Security Group, an experienced, local security services firm that is state certified and experienced in providing security at large- scale public sports events. The agency has well-trained security guards who are professional, articulate, customer service-oriented, well groomed and have a respectful, friendly ALBERT FIELD SAFETY AND SECURITY PLAN demeanor. Each guard has the look of deterrence and enforcement with the proper attire, proper equipment and the physical presence necessary for a security guard. Each guard projects the correct combination of physical stature, attentive behavior and friendly demeanor that ballpark fans have come to expect from professional event operations IV. PROJECTED SECURITY DEPLOYMENT Subject to change from the review process it currently intends to deploy security guards in the following areas from Y2 hour before gates open until Y2 hour after the last out: • Regular patrols around ballpark perimeter • Guard patrolling SRCC parking lot • Guard stationed at ticket booth (until ticket sales end) • Guards stationed at entry gate to assist in baggage checks and to assure entrance by ticket holders only • Regular patrols inside ballpark to curtail any inappropriate behavior or dangerous situations; assure field and player safety; enforce Alcohol Management Plan • Security agents will be posted after the game along major walking routes from the ballpark to parking areas while fans are returning to their cars V. BALLPARK SECURITY MEASURES 1. Albert Field security mandates include: • Hard -sided containers including coolers, briefcases and ice chests are prohibited • The maximum allowable bag size is 16"x 16"x 8" • All permitted bags will be searched prior to ballpark entry. 2. In addition, the following measures will be implemented: • Presence of uniformed security guards at all games SPORTS N__ND ALBERT FIELD SAFETY AND SECURITY PLAN • Security awareness training and emergency procedures review with the game day event staff • All stadium exit gates must be unlocked when the ballpark is occupied • Daily facility inspection by ballpark personnel prior to gate opening • All deliveries will be identified and logged • Guests wearing coats will be asked to open them upon entry through the turnstiles • Establish a holding area for any person or persons who have to be taken into custody for a law violation. This holding area will allow security to get the person out of the public view to reduce any further problems. It will also be an area where security can be with the subject while waiting for the police department to arrive. 3. Albert Field Permitted and Prohibited Items: a. Prohibited Items: • Alcoholic beverages or illegal drugs • Non-alcoholic beer • Glass bottles and aluminum cans (including aerosol cans) • All hard -sided coolers and containers, regardless of size • All hard -sided briefcases, regardless of size • All soft -sided bags and containers larger than 16"x16"x8" • Camera tri, dual or single leg pods by non -media personnel. Video cameras are permitted as long as live game action is not recorded • Bota bags, wine skins or camel packs • Sticks or clubs (including signs attached to sticks) • Fireworks, firearms or other weapons • Bullhorns or noise makers • Confetti • Animals (except service animals for Guests with Disabilities are permitted) • Beach balls, balloons and other inflatables • Skateboards, rollerblades or shoes with wheels • Stools or folding chairs • Large squirt guns or super soakers • Fish nets and poles • Any fruit or vegetable larger than a grapefruit must be sliced • Laser pointers ALBERT FIELD SAFETY AND SECURITY PLAN • Insulated coolers, cups and thermoses larger than 22 ounces • Pizza boxes larger than personal size b. Permitted Items: • Plastic beverage containers • Soft -sided bags or containers 16"x 16"x 8" or smaller • Insulated cups or thermoses 22 ounces or smaller • Food items • Any fruit or vegetable, grapefruit sized or smaller • Still and video cameras (see "Cameras") • Binoculars • Seat cushions and bleacher back rests • Umbrellas (During the threat of inclement weather, umbrellas are allowed. In consideration of the safety and sight lines of others, please use only small, compact umbrellas (28" - 34"). Large golf umbrellas and umbrellas with metal tips are strongly discouraged.) • Paper or plastic cups with permitted beverages • Plastic baby bottles • Baseball bats -- for the purpose of autographs; must be stored underneath the seats once the game begins • Brooms - 6" maximum length • Potato chip or nut cardboard cans with metal tops or bottoms • Strollers -- umbrella -type that folds or collapses to fit underneath seats (larger strollers may be claim -checked at the gates upon entry) • Motorcycle and bicycle helmets VI. Medical Personnel In addition to the retention of a security firm to enforce game operation policies and procedures, REDWOOD will secure ready access to the services of an emergency medical technician for each game to assist our fans and players in the case of any medical needs. This Management Plan and strategies within proved effective as per the Albert Park Community Advisory Committee Final Report to the San Rafael Park and Recreation Commission, September, 20, 2012. EXHIBIT E I. INTRODUCTION Responsible management of alcohol means providing a safe and enjoyable environment for guests and serving alcoholic beverages responsibly so that patrons do not become intoxicated. Redwood will obtain and adhere to all applicable local and State permits governing the sale of alcoholic beverages. In addition, the Albert Park Alcohol Management Plan will incorporate two segments: TEAM training and rigid enforcement of policies and procedures. Redwood is committed to satisfying all requirements of the applicable permits, to retain the ability to offer alcoholic beverages as an option for customers. Redwood is also committed to the proper management of sales and consumption to retain a game environment that is conducive to family entertainment. 11. TECHNIQUES FOR EFFECTIVE ALCOHOL MANAGEMENT (TEAM) Alcohol management strategies have been developed at many arenas and stadiums where professional sporting events are held, including AT&T Park in San Francisco and most other professional sports facilities. Key in developing these strategies in many stadiums has been a nonprofit organization called Techniques for Effective Alcohol Management (TEAM). Since 1985, TEAM has succeeded as a unique alliance of professional and collegiate sports, entertainment facilities, concessionaires, stadium service providers, the beer industry, broadcasters, government traffic safety experts, and others working together to promote responsible drinking and positive fan behavior at sports and entertainment facilities. The organization encourages facilities to implement and enforce alcohol policies through an alcohol service - training program that educates and certifies all facility employees in the skills of how to identify patrons who may have over -consumed and to intervene in a non - confrontational way to properly ensure everyone's safety. In addition, TEAM outreach extends beyond sports facilities to target fans in support of designated driver programs and other traffic safety messages. 1.\P,A) 1VOOD 7P$-111 '.3 A - ND 2 ALBERT FIELD ALCOHOL MANAGEMENT PLAN TEAM training represents the most comprehensive thinking about alcohol management. The TEAM program encapsulates a highly effective approach to preparing facility operations managers to train alcohol servers and event -day employees to manage the sale, service and consumption of alcohol at public gatherings. The TEAM mission is to reduce alcohol-related injuries and fatalities in and around public assembly facilities and on the nation's roadways by promoting the responsible sale, service and consumption of alcohol. TEAM accomplishes this through alcohol management training and "responsible fan" education materials. Redwood will adopt the TEAM approach by either joining TEAM, or adopting our own internal training program similar to the TEAM program. All baseball team employees and the employees of the security agency and other potential game day partners (concessions, etc.) will be trained to this program to provide the safest environment possible for our fans. Redwood will vigorously enforce its policies and procedures with respect to the service of alcoholic beverages at Albert Field: 1. THERE WILL BE NO ALCOHOL SALES PAST THE 7T" INNING or 10 p.m. which ever comes first. 2. NO PATRON MAY RECEIVE MORE THAN 2 ALCOHOLIC BEVERAGES AT ONE TIME 3. PATRONS THAT RETURN FOR ALCOHOLIC BEVERAGES MULTIPLE TIMES WILL BE REFUSED FURTHER PURCHASES IF IT APPEARS THEY ARE OVERINDULGING A of 10 110 5. DESIGNATED DRIVER PROGRAM: FREE SODA AND GIFT FOR SIGNING UP AS A DESIGNATED DRIVER EN111,11"TAUNNIE-W 3 ALBERT FIELD ALCOHOL MANAGEMENT PLAN I 6. NO TAILGATING, PICNICS OR ALCOHOL CONSUMPTION IN PARKING LOTS OR BALLPARK PERIMETER PERMITTED 7. TEAM STAFF AND SECURITY PERSONNEL WILL PATROL ALL SEATING SECTIONS IN ORDER TO DETECT EARLY ANY SIGNS OF OVERINDULGING FANS OR OTHER UNRULY BEHAVIOR This Management Plan and strategies proved effective as per the Albert Park Community Advisory Committee Final Report to the Park and Recreation Commission, September 20, 2012. EXHIBIT F r 1. INTRODUCTION The sounds from ballgames and other events at Albert Field have been a part of the long-time coexistence between the adjacent neighborhoods and the users of the park. Over the years many events have had attendance levels at or above those projected for the minor league team and have taken place at generally the same times, and thus, with appropriate limitations on scheduling and the amount of amplified sound there should be no unique impacts caused by the minor league team. However, it is Redwood Sports and Entertainment's pledge to be a good neighbor and a good partner with the community, and as such it will operate games at Albert Field with sensitivity to the neighborhoods' quiet enjoyment and quality of life such that, like each of its operating plans (parking, traffic, safety and security), it will enact and enforce all of its game policies and procedures with input and consideration with the neighbors. The purpose of this Noise Management Plan ("NMP") is to identify and communicate strategies that will minimize noise impacts from Redwood's games at Albert Field. Previous studies of ballparks have shown that noise typically come from two sources: PA systems, and crowd noise. In both cases, noise is intermittent and does not create a consistent level of sound. Fans will cheer for good plays or big hits, but because of the natural breaks between innings, the slower pace of play and the drawn out nature of baseball games there are occasional noise "spikes" but never an ongoing level of noise to reach the City's Noise Ordinance prescriptions. Of the two, the PA system throws off the most noise (see www.sugarlandtx.gov/ sugarland/cultural_district/documents/ BASEBALL_noise.pdf). San Rafael City staff has reported that noise level tests were conducted on site at Albert Field May 2011 during the Marin County Athletic League Baseball Championships and ALBERT FIELD NOISE MANAGEMENT PLAN found noise levels to be consistent with the above finding and within Noise Ordinance limitations. Before games, between innings, when batters come to the plate and immediately after games there are public announcements through the use of a public address system ("PA"). These uses are intermittent throughout the game and, as well, are not consistently used. Music may be broadcast between innings for fan entertainment but this rarely lasts more than a minute or so since between innings breaks are limited to 2 minutes. Most use of amplified sound is informational. Before games there are announcements warning fans about the danger of hit or thrown balls and bats, introductions and National Anthem singers. Between innings there may be on - field activities or brief music interludes. After games fans are asked to drive home carefully. Albert Field currently has an amplified sound system for public address within the grandstand area. The PA is regularly used during events at Albert Field without complaints from the neighborhood. Redwood used the existing PA system, during the 2012 season, with success limited by its clarity and broadcast scope. In 2013 and going forward a mutually acceptable PA system will be temporarily used for games as per this Management Plan, with the intention of increasing effectiveness inside the ball park and reducing broadcast of sound outside the III. THE NOISE MANAGEMENT PLAN Current uses of Albert Field regularly conclude between 10:30 and 11:00pm. However, Redwood recognizes that its neighbors will be most impacted by game noise after 10:00 pm. The Albert Field Noise Management Plan addresses: game scheduling, PA usage and a consultation process to assure the City that REDWOOD will work with neighbors to address any complaints about noise. 1. Game Schedules: Weeknight (Tuesday to Friday) and Saturday 5pm games will start as early as practical so that games will end as early as possible. With an existing restriction in place that games may not begin before 7:00 pm on weeknights (due to traffic), Redwood anticipates that games will generally start at 7:05 p.m. Sunday afternoon games will generally start at 1:15 pm. While baseball games are not SJ, 11) i'YS ..l\l I<: '1_'i�1 '1'_'l ii �` T 3 ALBERT FIELD NOISE MANAGEMENT PLAN played by a clock and the end of games cannot be predicted, games are typically 3 hours in length. For reference, Major League Baseball games lasted an average of 2 hours and 50 minutes in 2010. 2. Use of PA: Redwood recognizes that (i) its neighbors will be most impacted by game noise after 10:00 pm, and (ii) the City's noise ordinance requires reduced noise levels after 10:00 pm. As a result, we will minimize the use of the PA system after 10:00 pm. The following policies will be in place: • Redwood will utilize a public address system mutually acceptable to both parties • There will be no between inning contests, events or on -field activities that require the use of the PA or that will create excessive crowd noise after 9:00 pm • No music will be played on the PA after 9:00 pm • Post -game announcements will be kept to a minimum: only necessary warnings for safe driving, public service announcements and date/time of next games will be broadcast on the PA 3. Consultation Process Several stages of input from neighbors, City staff and other constituents will be utilized to assess the efficacy of the NMP and to make constructive suggestions to improve performance. As a good partner the team will welcome and solicit input from the neighbors, and the team will work cooperatively and in good faith to resolve any such issues. In addition, the Team will participate in mid-season and end of season reviews of each critical impact plan (parking, traffic, safety and security, alcohol management, noise management) as requested by the Park and Recreation Commission, with neighbors, City staff and other community stakeholders to discuss the team's performance as a community partner. With the exceptions noted, this Management Plan was successful as per the Albert Park Community Advisory Committee Final Report to the Park and Recreation Commission, September 20, 2012. EXHIBIT G ALBERT FIELD SITE IMPROVEMENTS PLAN I. INTRODUCTION Albert Field is a charming, historic "bandbox" of a ballpark. Its storied history reaches back to the early 1950's when local semi -pro travelling teams, Exhibition games, and the annual Marin County All Star Game were played. Today, the ballpark is still used by high school baseball teams, youth leagues and softball leagues, but the ballpark is showing its age. Redwood appreciates the charm and utility of Albert Field. However, upgrades are needed to accommodate the planned use as a minor league facility. REDWOOD, in coordination and partnership with the City, will make improvements to the facility to make Albert Field ready to host professional minor league baseball. 11. IMPROVEMENT PLAN PROCESS Redwood is presenting a list of proposed improvements as part of this Exhibit, with examples of a typical solution where appropriate. Staff will assist Redwood in determining the procedures needed for review and approval, a process that is expected to take place over many months. Redwood reserves the right to amend its list of proposed improvements as the 2013 baseball season approaches, with the mutual agreement of the City. Ill. THE SITE IMPROVEMENT PLAN Redwood proposes five specific improvements to Albert Park to launch its second season of operations: 1. Additional Temporary Seating - The ballpark currently seats about 800 in the grandstand. Redwood will expand seating to 1000 seats through the addition of on -field seats ("Temporary Seating"). The Temporary Seating will remain Redwood's responsibility. ALBERT FIELD SITE IMPROVEMENTS PLAN The Temporary Seating will be situated on the 1st and 3rd base lines just past the end of the dugouts along with appropriate fencing/netting to protect fans and players. Redwood currently estimates that this will add approximately 200 seats in total. These seats may be in rows of seating, or on field -level table tops. Redwood will protect existing irrigation and drainage when installing fencing or netting to protect on -field seating. 2. First Base Screen- The backstop screen will be repaired to prevent balls from leaving the field at this location. Repair of the netting will be supervised by the Community Services. 3. Infield Renovation —The infield will be renovated for the 2013 season, costs to be mutually agreed upon. 4. Restrooms — Redwood will present a plan for replacement and/or renovation of existing restrooms. Portable restrooms, leased and serviced at Redwood's expense will supplement capacity of the site restrooms. S. Locker Room/Restroom cleanup - Redwood will renovate locker rooms and clean up the Grandstand restrooms. Both locker rooms require clean up and modest enhancements such as lockers, carpet and tables. IV. OTHER UNPLANNED IMPROVEMENTS In the event other improvements are sought, Redwood Partners will seek and receive the City's approval from the Community Services Department prior to making other improvements to Albert Field. For example, a new scoreboard is one potential future improvement. This Management Plan successfully implemented interior exterior painting of the stadium, installation of dug out fencing, renovation of the home team locker - room, refurbishment of the site scoreboard, extension of the Center field fence and other improvements as per the Albert Park Community Advisory Committee Final Report to the Park and Recreation Commission September 20, 2012. �'-il"ONIT'S, AN'D ENTIAZTA-1-N-NIENTI 3 -47 IlKa-, N.N., 7Q ALBERT FIELD CONCESSIONS PLAN 1. INTRODUCTION A key element of the fan experience at ballgames is the food service. Over the years ballpark concessions have evolved from the simple hot dog, peanuts and a beer to more diverse menu options that reflect local specialties, a range of ethnic cuisines and healthy choice alternatives. Today, that classic dog is still on the menu, but it too has evolved into a range of size options, grilled sausages and barbeque items. These days every American sporting facility has its own unique regional appeal in order to connect local and visiting fans with an appreciation for the attributes of where they are. Ballpark menus celebrate those special differences with local and regional touches to ballpark classics, and Redwood Sports and Entertainment ("Redwood" ) intends to feature local San Rafael, Marin County and Northern California favorites that further connect fans with their hometown team. We also recognize the importance of offering menus that feature something for everyone. That's why fans will find a wide array of options, including healthier fare and items for guests with food allergies or religious restrictions. II. CURRENT CONCESSION FACILITIES Albert Field does not currently have any concessions facilities. During most high school games a simple table is set up on the first base side to sell concessions, but at the professional level both fan expectations and business requirements demand a more sophisticated and varied concessions operation. All current plans are subject to City and County approvals. Redwood will apply for a permit from Marin County Environmental Health Services (EHS), will apply for an Alcohol Permit, and will consult with City staff to acquire any other needed permits or approvals such as permits that may be required for the use of tents, LP gas and places of assembly once the final concession locations are determined. ALBERT FIELD CONCESSIONS PLAN Redwood will use commercially best efforts to utilize recyclable food and beverage service products. Ill. CONCESSION FACILITY PLAN, 1. The Main Concession Stand: The concessions facility plan includes the use of a main concession stand of between 20 and 30 feet long conveniently located on the hardscape located behind the netting on the first base side. This concession stand will serve as the central concessions stand and will feature a complete menu of ballpark fare supported by inboard cooking equipment, water service and electrical hook-ups from an outside source. It is anticipated that this main stand will serve the majority of fans and its location will allow for lines to form without interrupting pedestrian traffic flow accessing the first base side of the grandstand. 2. The Auxiliary Stand: In order to serve fans seated on the third base side, several small stands will be located on the grassy area adjacent to third base. These stands are tented, and feature basic food and drink items and are meant to provide a convenient alternative to the broader menu featured at the main stand. 3. The Barbeque Area: A "barbeque area" will be set up in a mutually agreed upon area near the Main Concession Stand. The Barbeque Area will feature freshly cooked items from an open flame barbeque and will feature a menu of cooked meats, corn on the cob and other options. 4. Portable Stands: A number of portable concession stands will be located throughout the ballpark, mostly near the main concession stand. These portables may include popcorn and peanut carts, hot dog and cold drink carts and a range of other specialty food options. There will also be a stand to sell merchandise. I $±a I) i i){) I) S 11' 0 IL'_ S � 1 `ti'1' ; '_ ' l l `� °a p ' 3 ALBERT FIELD CONCESSIONS PLAN S. Ballpark Storage: A small storage area inside the grandstand has been identified to serve the needs of the team. Additional storage, including locations for a large refrigerator, freezer and icemaker, may need to be determined. Redwood will work with City staff to identify other storage options. To the extent possible, concession equipment and facilities will be stored in locations that are screened from public view. IV. THE PRELIMINARY MENU PLAN Fans go to baseball games to be entertained and because we recognize the important role food plays in the total game day experience, we will design our menus to offer something for everyone at every level of the ballpark. Fans are making very sophisticated dining choices outside the ballpark, so we must continue to innovate to appeal to their tastes, at every price level, once inside the ballpark. In line with current practices at all levels of sports venues we anticipate offering value -packed combo meals, kids' concessions and game day specials. While there is a basic menu that will likely not vary, Redwood will be developing the full range of menu options and specialty carts over time. The following menu is intended to be illustrative of the type of menu program that will be under consideration as the process evolves: Main Concession Stand/Portables: • Hot Dogs • Nachos • Pizza • Popcorn • Pretzels • Peanuts • Candy • Cotton Candy • Coffee/Hot Chocolate • Soft Drinks/Water Specialty Carts • Ice Cream 9 Ethnic Choices: Mexican, Asian, Italian ALBERT FIELD CONCESSIONS PLAN • Beer/Wine • Healthy Choices • Subs • Lemonade Barbeque • Tri -Tip Sandwich • Sausages • Chicken Sandwich • Corn on the Cob • Hamburgers Redwood will give preference to local vendors for the purchase of goods and services, hotel accommodations and services of umpire officials, needed for the operation of the team assuming all principal terms and conditions of sale are substantially equal to non -local vendors and in the absence of pre-existing commitments or league rules requiring otherwise. V. Restroom Facilities Plan Redwood will provide additional temporary portable restroom facilities to supplement the existing rest rooms under the grandstand. These are expected to be located primarily outside the fence lines near the existing portable toilet in the parking area. The number of restrooms will be determined in coordination with City Staff according to City regulations. Redwood will use commercially reasonable efforts to restrict service to the portable restroom facilities to after 8 a.m. on weekdays and 9 a.m. on weekends. VI. Debris Boxes Debris boxes may be necessary to contain generated garbage. Redwood will be responsible for the rental of any such boxes should they become necessary. This Management Plan was effective as per the Albert Park Community Advisory Committee Final Report to the Park and Recreation Commission, September 20, 2012. Exhibit I COMMUNITY BENEFITS PLAN Redwood Sports and Entertainment ("Redwood" ) is committed to becoming a key business and public benefit partner in the San Rafael and greater Marin County communities. In offering minor league baseball games at Albert Field the team's presence at the ballpark extends far beyond wins and losses in a box score, but rather, in the team's impact on the social and economic vitality of the community. By offering a low-cost, family entertainment option and a wide range of public benefits the team hopes to contribute to the diversity of San Rafael's quality of life. As a new member of the business community the team will provide substantial economic impacts through its purchase of local goods and services; through its attraction of tens of thousands of visitors over the course of a Summer, contributing to the vitality and economy in downtown San Rafael; and through visiting teams who will be staying in local hotels, eating at local restaurants and spending for local goods and services. As noted in the Site Improvement Plan (Exhibit G), the team will be investing in upgrades to Albert Field. These improvements will create new opportunities for the marketing and promotion of the field's use and will offer the facility a "face lift" to help maintain it as a place of community pride. Finally, the team's home games will be another attraction to promote the City's downtown "alive after five" program by providing another entertainment and cultural option to encourage people to frequent the shops and restaurants in the City's downtown core. Attending games at Albert Field will offer another reason for fans to dine and shop downtown before catching an early evening game and the presence of professional baseball will further encourage visits by families, out-of-town visitors and local residents who would otherwise not be coming downtown. II. THE COMMUNITY BENEFITS PLAN The team acknowledges a civic responsibility to promote and contribute to charitable, educational and community organizations in San Rafael and the greater Marin County communities. The team is committed to develop a strong, impactful and substantial community benefits program in line with the best practices of similar minor league baseball clubs, which may include: A. Fundraising opportunities for local youth, senior, charitable and other social action programs. B. Personal appearances by players, coaches and staff in support of education, youth sports, seniors, health care facilities and other public service activities. C. A minimum of 25 tickets per game made available for every regular season home game to appropriate and deserving organizations and non-profit agencies, such as charities serving underprivileged youth and seniors and economically disadvantaged residents. D. Promoting the employment of San Rafael and Marin County residents for the team's part-time and seasonal jobs E. Ensuring local businesses an equal opportunity to compete for business for the supply of goods and services to the team F. Assist the City in promoting the favorable attributes of the community, its economic development and its quality of life. G. The team shall become an active member, if accepted, of the San Rafael Chamber of Commerce and such other local organizations as may be reasonably appropriate to assist in promoting the local economy, representing the community's best interests and supporting local public benefit programs.