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HomeMy WebLinkAboutCC Resolution 13248 (Albert Park Baseball; Centerfield Partners)RESOLUTION NO. 13248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RA.FAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CENTERFIELD PARTNERS, LLC FOR THE USE OF ALBERT PARK BASEBALL FIELD AND STADIUM FOR PROFESSIONAL MINOR LEAGUE BASEBALL IN 2012, WHEREAS, the City of San Rafael owns and operates Albert Park Baseball Field and Stadium facilities; and WHEREAS, Centerfield Partners, LLC requests the periodic exclusive use of the facilities to support a professional level baseball team participating in the North American Baseball League; and WHEREAS, pursuant to San Rafael Municipal Code Section 8.10.030, Centerfield Partners, LLC must obtain a Permit for the requested use, to be executed by the City's Community Services Director; and WHEREAS, City and Centerfield Partners, LLC have identified the Albert Park Baseball Field and Stadium facilities to be feasible for professional level baseball play with the addition of improvements both permanent and temporary in nature; and WHEREAS, the San Rafael Parks and Recreation Commission conducted two public meetings to review the Centerfield Partners, LLC conceptual plans and made comments thereon; and WHEREAS, the Parks and Recreation Commission, finding the conceptual proposed use appropriate for the facilities and of benefit to the community as family-oriented entertainment and as a local business stimulant, recommended that the City Council consider entering into an agreement with Centerfield Partners, LLC for its proposed use of Albert Park Baseball Field and Stadium; and WHEREAS, the City Council reviewed the proposed use at two regularly scheduled meetings on July 18 and September 19, 2011 and convened through a sub committee three community meetings on August 4, 9 and September 20 to discuss the issues; and WHEREAS, the City and Centerfield Partners, LLC agree that identified use and impact issues related to the Revised Proposal, dated October, 3, 2011, Exhibit A to the Agreement are satisfactorily addressed through management plans to be attached as Exhibits B through I to the Agreement; and WHEREAS, the City Council finds that the Centerfield Partners, LLC 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 non -nal 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 Centerfield Partners, LLC, 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 Centerfield Partners, LLC for the use of Albert Park Baseball Field and Stadium for professional baseball, attached hereto, inclusive of Agreement Exhibits A-1. 1, Esther C. Beime, 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 3rd of October, 2011, by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None K Esther C. Beirne, City Clerk AGREEMENT FOR THE USE OF ALBERT PARK STADIUM AND BASEBALL FIELD FOR PROFESSIONAL MINOR LEAGUE BASEBALL This Agreement is made and entered into this /2 7N day of October, 2011 by and between the CITY OF SAN RAFAEL (hereinafter "CITY") and CENTERFIELD PARTNERS LLC (hereinafter "CENTERFIELD"). 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, CENTERFIELD requests the periodic exclusive use of the FACILITIES to support a professional level baseball team participating in the North American Baseball League, 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, CENTERFIELD must obtain a Permit for the requested use, to be executed by the CITY's Community Services Director; and WHEREAS, CITY and CENTERFIELD have identified the FACILITIES to be feasible for professional level baseball play with the addition of (1) limited temporary seating; (2) concession and restroom equipment; and (3) dedicated parking at a nearby private lot, as specified in the PROPOSAL; and WHEREAS, the San Rafael Parks and Recreation Commission conducted two public meetings to review the CENTERFIELD conceptual plans and made comments thereon, which have been incorporated within the PROPOSAL; and WHEREAS, the Parks and Recreation Commission, finding the conceptual proposed use appropriate for the FACILITIES and of benefit to the community as family-oriented entertainment and as a local business stimulant, recommended that the City Council consider entering into an agreement with CENTERFIELD for its proposed use of Albert Park Baseball Field and Stadium; and WHEREAS, the City Council, at a regular meeting on July 18, reviewed the CENTERFIELD proposal, and assigned a subcommittee to conduct public meetings on August 4 and 9, 2011 to address issues of community concern; and WHEREAS, the City Council, at a regular meeting on September 19 approved by the proposed use of Albert Park Stadium and Baseball field by CENTERFIELD by a 5-0 vote; and WHEREAS, CITY and CENTERFIELD agree that identified use and impact issues related to the PROPOSAL are satisfactorily addressed through management plans included as Exhibits B through I to this AGREEMENT 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 CENTERFIELD, the operations conducted by CENTERFIELD 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 constitutes 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, 2012. Either party may terminate this AGREEMENT as provided for in Section 9. The parties may mutually agree to extend the term by a written amendment to this AGREEMENT. 3. Scope of Use. CITY and CENTERFIELD agree that the use of the FACILITIES by CENTERFIELD and the responsibilities of the CITY and CENTERFIELD shall be as described herein. Changes 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, restrooms, dugouts, locker rooms, press box, public address system, (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 CENTERFIELD as prior scheduling allows at the applicable fee schedule for events and promotion activities. B. Operations (1) CENTERFIELD shall be responsible for all aspects of operations of its professional baseball organization. (2) CITY and CENTERFIELD shall mutually agree on a facility- use schedule. F a. CENTERFIELD agrees to deliver a tentative schedule of up to 45 regular season dates, plus playoff games, to CITY no later than December 15, or the next business day, of each year of this AGREEMENT. b. CITY agrees to respond to CENTERFIELD on the tentative facility reservation schedule no later than fifteen (15) business days after receipt. c. The parties agree to work in good faith to agree on a facility reservation schedule amenable to both parties. d. When the schedule of regular season and playoff games has been mutually approved, CENTERFIELD may request additional facility reservation hours for team practices, try outs, and other activities acceptable to CITY. All hours of facility reservation are subject to the CITY's fee schedule for use of the FACILITIES. e. CITY agrees to use reasonable efforts to accommodate rescheduling of any postponed games. f. 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 CENTERFIELD. g. So long as there is no conflict with the approved facility reservation schedule for CENTERFIELD, 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 CENTERFIELD 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. (3) CITY and CENTERFIELD 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. (4) CITY and CENTERFIELD mutually agree to abide by the Safety and Security 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 CENTERFIELD 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. 3 C. (6) CITY and CENTERFIELD mutually agree to abide by the Noise Management Pian, 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 CENTERFIELD mutually agree to abide by the Site Improvement Plan, attached as Exhibit G and incorporated herein by reference. (8) CITY and CENTERFIELD 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 CENTERFIELD agree to abide by the Community Benefits Plan, attached as Exhibit I and incorporated herein by reference. Required Staffing. CENTERFIELD agrees to recruit, hire, train, supervise, schedule, and, to the extent required by law and subject to use by CENTERFIELD of independent contractors, to provide payroll services and worker's compensation benefits for, employees required to support and conduct CENTERFIELD's operations pursuant to this AGREEMENT, including but not limited to parking, security, concessions, guest services, coaches, players, and officials. Program Promotion (1) CENTERFIELD shall be responsible for promoting and publicizing its team, schedule, and program. CITY shall participate in promotion with permission of CENTERFIELD 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. (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. CENTERFIELD shall install its signage no earlier than April 1 and shall remove it no later than September 30 each year during the term of the AGREEMENT (3) Promotional material generated by CENTERFIELD shall not represent CITY in general or specific terms as sponsor, co-sponsor, or affiliated with CENTERFIELD operations. rd (4) CITY and CENTERFIELD shall meet with a CITY appointed committee of community representatives at the mid -point of the season or no later than July 30 of each year during the term of this AGREEMENT and the end of the 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. In January/February 2012, The City Council shall establish a community based Advisory Committee consisting of no fewer than seven regular members: three representatives from the neighborhoods directly surrounding Albert Park, one from the downtown business district, one Park and Recreation Commissioner, and two representatives from CENTERFIELD. Up to two City of San Rafael staff members will be assigned to assist the Committee. Every effort shall be made to ensure that the community members represent the broadest possible range of interests and points of view regarding the use of Albert Park Stadium and Baseball Field by CENTERFIELD. The Advisory Committee shall establish a process for resolving complaints and monitoring compliance with the Agreement between CITY and CENTERFIELD. The reporting responsibilities of this Committee shall be reviewed by the Park and Recreation Commission and presented to the City Council 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 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. On 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. 5 (3) CENTERFIELD 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) CENTERFIELD 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. (6) CITY shall provide garbage receptacles and disposal to serve the FACILITIES. (7) CITY shall provide all soaps and restroom paper products, and stock the same for the permanent restrooms located at the FACILITIES. (8) CENTERFIELD 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 - Placement of all garbage, inside the stadium and ball field facilities, in receptacles - Removal of field level seats required if field irrigation is impacted, or if another field user is scheduled before the next CENTERFIELD use. - Security of the interior/exterior gates, press box, restrooms, team rooms, and stands - Turn off field and grandstand lights (9) CITY will 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. CENTERFIELD shall replace or n reimburse CITY for damaged or lost equipment supplied by CITY, normal wear and tear excepted. (2) CENTERFIELD shall purchase all team related equipment, including safety and first aid equipment, at its sole expense and responsibility. (3) CENTERFIELD shall rent temporary restroom facilities, a minimum of 4 units, 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 CENTERFIELD equipment under the existing grandstand as per the Site Improvements Plan, Exhibit G. (5) CITY shall provide CENTERFIELD with necessary keys and adequate access to the stadium. G. Concessions. (1) CITY agrees to allow CENTERFIELD, 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) CENTERFIELD shall open concessions facilities for general sales no earlier than 1 hour prior to the scheduled first pitch for each game. (3) CENTERFIELD, at its sole expense, shall provide all equipment and materials needed to support concessions. (4) CENTERFIELD 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) CENTERFIELD may operate food 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. CENTERFEILD may be compensated for this service by groups renting the FACILITIES. (E) CENTERFIELD 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 (7) CENTERFIELD and CITY agree to the Alcoholic Beverage Management Plan as attached as Exhibit E. (8) CENTERFIELD shall be wholly responsible for the security of the concessions equipment and furnishings. (9) CENTERFIELD shall be wholly responsible for collection and disbursement of garbage generated inside the concessions area. H. Fees. (1) CENTERFIELD 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. 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. CENTERFIELD will provide CITY with reasonably satisfactory evidence of the costs that it incurs in making the permanent improvements. CENTERFIELD shall not be liable for any additional CITY expenses, except as otherwise specifically provided herein and/or as approved in advance by CENTERFIELD's 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: - 50% of season fees due March 1 of each year of this AGREEMENT, net of 50% of annual credit - 25% of season fees due June 1 of each year of this AGREEMENT, net of 25% of annual credit - 25% of season fees due September 15 of each year of this AGREEMENT, net of 25% of annual credit (3) Fees due on September 15 payment of each year shall be adjusted as per actual hours used and credit granted for as per CITY. I. Revenues. CITY and CENTERFIELD agree that CENTERFIELD will retain 100% of revenues generated by Ticket Sales, Concessions, Parking, Merchandise Sales, TV/Radio/Online Broadcasts, and Sponsorships/Advertising, and all other revenues derived from CENTERFIELD's use of the FACILITIES, unless otherwise agreed to. CENTERFIELD will determine all prices in its sole discretion. R1 4. Indemnification and Hold Harmless. Parties agree to the following: A. CITY agrees to protect, defend, indemnify, and hold harmless CENTERFIELD, 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. B. CENTERFIELD 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 during or in connection with CENTERFIELD's use of the FACILITIES pursuant to this AGREEMENT, or related to CENTERFIELD's failure to perform any provision of this AGREEMENT. In addition, CENTERFIELD 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 CENTERFIELD, arising out of or in connection with the CITY's approval of this AGREEMENT. In the event CENTERFIELD 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 CENTERFIELD 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 termination or expiration of this AGREEMENT. D 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. CENTERFIELD, 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 CENTERFIELD 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 CENTERFIELD, 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 CENTERFIELD. (2) It is further agreed that the coverages afforded shall apply as if separate policies were issued to each party (gross liability). (3) All rights of subrogation are hereby waived against CITY and the members of its City Council and elective or appointive officers or employees, when acting within the scope of their employment or appointment. (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. IN 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 parties' 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. S. 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. Termination. A. CITY Termination. CITY may terminate this AGREEMENT, for Cause only, prior to the end of the term hereof, upon thirty (30) days' advanced written notice to CENTERFIELD. Cause shall be defined as default on any of the following terms: (l) Upon written notice from CITY, if CENTERFIELD is in arrears on payments and does not cure within 10 days. (2) Upon written notice from CITY, if CENTERFIELD 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 CENTERFIELD fails to maintain, within 10 days of written notice, insurance as required by this AGREEMENT. (4) Upon written notice from CITY, if CENTERFIELD fails to correct, within 10 days of written notice, CENTERFIELD's breach of any other material term of this AGREEMENT. B. CENTERFIELD Termination. CENTERFIELD 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 on/before December 31 of any season during the Term, or (ii) any time before March 1, 2012). In this event, no Fees shall be due for the upcoming season. CENTERFIELD 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. 10. 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 THE CITY: Carlene McCart, Director San Rafael Community Services 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO: CENTERFIELD PARTNERS Brian Clark, CEO 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. 11. 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. 12. Governing Law. This AGREEMENT shall be governed by and construed in accordance with the laws, rules and regulations of the State of California. W 13. Compliance with Law. All parties to this AGREEMENT shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this AGREEMENT. 14. 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. 15. Filing. A copy of this AGREEMENT shall be filed with the City Clerk's office. 16. No Emplovment Relationship. CITY and CENTERFIELD understand and expressly agree that in connection with this AGREEMENT, each party bears full 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. CENTERFIELD employees are not CITY employees and CITY employees are not CENTERFIELD 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. 17. 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 CENTERFIELD. The City Manager, or her designee, is authorized to alter or modify the terms and conditions on behalf of CITY as necessary. The CEO of CENTERFIELD or his designee is authorized to alter or modify the terms and conditions on behalf of CENTERFIELD as necessary. IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the day, month and year first above written. 13 CITY OF SAN RAFAEL NANCY MAC'KLE, City Manager ATTEST: ESTHER C. BEIRNE. City Clerk Attachments: CENT IELD PARTNERS BRIAN - ARK, CEO Centerfield Partners APPROVED AS TO FORM: ROBERT F.,,d.§TEIN, City Attorney Exhibit A: Revised Proposal for Use, dated October 3, 2011 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 1: Community Benefits Plan 14 Exhibit A iE PRESENTED BY: CE-N.TERFIELDPARTNERS, LLC OCTOBER 3. 2! CENTERFIELDPARTNERS, LLC 12 PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK FIELD 1. INTRODUCTION Professional baseball was once played in San Rafael. During the 1910 season of the Class D Central California League, the "Cubs" shared their home games between San Rafael and Hayward in the short-lived league, finishing its one year of existence with a 7-17 record. In the early part of the century, semipro baseball teams filled ballparks from Sausalito to Point Reyes. Indeed, as legend has it, even the world's most legendary and celebrated sports figure - Babe Ruth - rode the ferry to Sausalito and graced Marin in search of a game. Babe showed up unannounced one day in 1926 during a semipro baseball game in Point Reyes that featured the late great Vernon "Lefty" Gomez who lived in Marin. The local team was playing a semipro team from San Francisco, and Babe knew some of the players. Less than four years later, Lefty became Babe's teammate and buddy with the Yankees. They eventually wound up in baseball's Hall of Fame together. San Rafael/Hayward Cubs, 1910 1 "From the 1920s through the 1960s, Marin boasted as many as a dozen town teams from Tiburon, Mill Valley, Fairfax, San Rafael and Novato. Marin teams got to be so good that for many years the top teams chose their best players, formed all-star squads and then invited other top amateur clubs to come over to San Rafael`s Albert Park to play a series of games. In 1954, a visiting team from El Cerrito that featured future major-league stars Frank Robinson, Vada Pinson, Curt Flood, Ernie Broglio and Tommy Harper came in for a memorable visit." MARIN IJ, 6%21/08 San Rafael and Marin County have a rich baseball heritage from semi -pro teams to high schools and youth leagues. Many major league players came out of the area, such as Sam Chapman (Philadelphia A's 1938-1951), who was born in Tiburon and went to Tam High; Catcher Jerry Goff went to San Rafael High, as did current major leaguer Will Venable; Buddy Biancalana and Chad Kreuter went to Redwood High; and Giants, Tim Lincecum and Barry Zito, currently reside in Marin County. CENTEREIELDPARTNERS, LLC 13 PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK FIELD Baseball is a part of the culture that makes the San Rafael area such a wonderful place to live. Since its construction in the early 1950's, Albert Park Field has hosted thousands of games and events while establishing itself as the primary baseball venue for the County's many youth leagues, high school teams and softball leagues. The park, located in downtown San Rafael between the business district and the Gerstle Park community, is a charming throw -back to the days of small "band box" ballparks where the game was played close to the fans; where the cost of a ticket, a drink and a hot dog was affordable; where the players were thankful to the fans for coming to see them play and where the team was a real part of the community. This proposal to bring a professional minor league 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. II. THE NORTH AMERICAN LEAGUE Centerfield Partners, LLC ("CP") owns the exclusive Bay Area territorial rights to enter a newly formed team into the independent North American League, a league recently created by merging the 8 year-old Golden Baseball League with the Northern League and the United League. Teams will operate in multiple countries and in multiple regions across the United States. Each league will retain its own identity while playing roughly one fourth of their games against teams from the opposing leagues. The new league will feature 12 teams playing in two 6 team divisions as follows: THE NORTH AMERICAN LEAGUE Edinburg Roadrunners Lake County Fielders Rio Grande White Wings Rockford River Hawks San Angelo Colts Schaumberg Flyers Calgary Vipers Chico Outlaws Edmonton Capitals Henderson Road Runners Na Koa Ikaika Mauai Yuma Scorpions 2006 Edinburg, TX 2009 Zion, IL 1994 Harlingen, TX 1993 Rockford, IL 2000 San Angelo, TX 1993 Schaumberg, IL 2005 Calgary, Alb. 2005 Chico, CA 2005 Edmonton, Alb, 2007 Henderson, NV 2010 Wailuku, HI 2005 Yuma, AZ CENTERFIELDPARTNERS, LLC 14 PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK FIELD Teams play a 90 game regular season with each team playing 45 home games between late May and early September. The caliber of play is generally considered to be between Class A and Class AA. Salaries for players can range from $850 per month for rookies to $3,000 a month for veterans. A. Independent League Baseball Independent baseball leagues are professional baseball organizations located in the United States and Canada. They are not operated in conjunction with either a major league team or an affiliated minor-league team. Being independent allows teams to be located close to major- league teams without their consent. Independent baseball leagues have a long tradition in baseball. They've been around since the early days of baseball and were once known as "outlaw leagues" due to their position outside the rules of affiliated minor league baseball. Until the 1950's there were independent teams along with affiliated teams in the minor leagues, however newly formed rules under the National Baseball Congress made that impossible and for years it was thought to be the end of independent baseball. The Northern League and Frontier League both started play in 1993, and the Northern League's success paved the way for other independent leagues like the Texas -Louisiana League and Northeast League. The Atlantic League has had more marquee players than any other independent league, including Jose Canseco, Rickey Henderson, Ozzie Canseco, Ruben Sierra, Carlos Baerga, and John Rocker. The Northern League alumni include Leon "Bull" Durham, J. D. Drew, and Darryl Strawberry. Because they are not subject to the territorial limitations imposed on affiliated minor-league teams, independent clubs can relocate as close to affiliated teams (and one another) as they choose to. For example, San Rafael cannot have an affiliated team because of its proximity to the San Francisco Giants and Oakland A's. Another example is the greater New York City metropolitan area, where there are many independent teams: the Bridgeport Bluefish, Long Island Ducks, New Jersey Jackals, Newark Bears, Somerset Patriots, and Sussex Skyhawks; and three affiliated teams: the Brooklyn Cyclones and Staten Island Yankees in New York City and the Lakewood BlueClaws in New Jersey. Not only is the Kansas City area home to the major- league Kansas City Royals, but also the independent Kansas City T -Bones. The St. Paul Saints share a market with the American League's Minnesota Twins; both teams have frequently worked together to promote baseball in the Upper Midwest. The Golden Baseball League combined with United League Baseball and the Northern League into a new forth American League for the 2011 season to form the first nationwide independent professional baseball league. CENTERFIELDPARTNERS, LLC 15 PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK FIELD B. The Golden League The Golden League was formed in 2004 and began play on May 26, 2005. The league has featured several well-known players with MLB experience (Rickey Henderson, Jose Canseco, Alex Arias, Desi Wilson, Jose Lima, Hideki lrabu, Junior Spivey, Mark Prior). Over 100 players have been sold to MLB organizations since it began play, with six players already making it to a major league uniform — Adam Pettyjohn, Scott Richmond, Chris Jakubauskas, Sergio Romo, Bobby Cramer, and Daniel Nava. The GBL's presenting partner is Safeway Inc. Other investors in the GBL include Wheel of Fortune host Pat Sajak,http://en.wikipedia.org/wiki/Golden—Basebafl—League - cite—note-2 former National Football League players Mike Sherrard and Christian Okoye, and executives from Cisco Systems, Taleo and Draper Fisher Jurvetson. This proposal to enter a team from San Rafael into the North American League will be the first team from the Bav Area to join the league. III. THE PROPOSAL FOR PROFESSIONAL "Minor league baseball is on the map because it is essentially baseball in its purest form. Fans come to minor league games because the tickets are inexpensive, because it's family-oriented entertainment and because it's not focused so much on winning and losing but love of the game." Forbes Magazine, March 25, 2002 On 45 summer nights and Sunday afternoons the lively scene in downtown San Rafael will be joined by the sights, sounds and smells of minor league baseball. Parents and kids, teenagers and senior citizens will come to San Rafael from throughout the Bay Area to experience professionals playing the game of baseball in its purest form, in a treasured gem of a ballpark, at very reasonable prices for a ticket and a hot dog. What makes San Rafael so special: the restaurants, shops and neighborhoods, can only be enhanced by the presence of its own team that will add to the diversity of cultural and entertainment options offered in the city. Minor league baseball plays a significant role in a community's quality of life and economic vibrancy. CENTERFIELDPARTNERS, LLC 16 PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK FIELD These teams tend to reflect something almost temporal to their home towns, something genuine and original, and something to be treasured and shared. The allure of fun and affordable family entertainment will stimulate new economic growth in San Rafael not only among locals who will have an additional reason to remain downtown after work or to stay in town on weekends, but also in attracting new, incremental visitors from out of town who will, perhaps, stay overnight in local hotels, eat in local restaurants and shop in town before and after games. With a seating capacity of 800 at Albert Park, fans each game night will be within a short walk of the city's downtown business district, offering a unique opportunity to further enhance the downtown experience and solidify San Rafael's image as the center of business, sports and cultural activity in Marin County. This Proposal to Bring Professional Baseball to Albert Park Field envisions a number of improvements to Albert Field to: 1) create a fun and safe fan experience; 2) develop a financial model that meets the team's and community's expectations and 3) deliver substantial community service benefits. A. The Use of Albert Field Sports, like most entertainment options, depend primarily on attendance. Ticket sales, concessions and sponsorships are driven by the fans that attend games and, as such, it is the operators' highest priority to provide a safe, fun and exciting experience for the fans. The fan experience is formed by the totality of each fan's interaction with the game. It begins with ease of access to the ballpark and readily available, proximate parking. It means that every interaction with team staff (parking lot attendant, ticket seller, usher) and City staff (police, traffic control, etc.) is pleasant, informative and helpful. It means that the food and beverage options are low-priced, varied and accessible. It doesn't mean that the home team will always win, but it does mean that every fan had a great time. To best assure fans will enjoy their ballpark experience at Albert Field, CP proposes the following operating plan that sets forth protocols for scheduling, traffic and parking, safety/security, and stadium improvements. 1. Scheduling_ The North American League schedule includes 45 regular season home games for each team. In addition the teams schedule several pre -season exhibition games, try -out camps and, hopefully, post -season games. The regular season begins in late May and ordinarily stretches out to early September. The league endeavors to meet the unique scheduling demands of each team and, in an effort to accommodate individual club needs, proposes an initial draft schedule in late November or early December for consideration and comment among all of the clubs. CP understands and agrees to the following scheduling restrictions: CENTERFIELDPARTNERS, LLC 17 PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK FIELD a. Albert Field is available for CP use after the third week in May through September each year. Pre -season tryouts and exhibition games may be scheduled on a date available basis. The field is available for CP team practice before 3 p.m. Monday through Friday only if a portable batting cage is used. b. Games may start at, but not before, Monday — Thursday, Saturday nights: 7:15 p.m.; Friday night: 7:30 p.m.; Sunday: 1:05 p.m. CP agrees to use commercially reasonable efforts to avoid scheduling Thursday evening games, and Sunday afternoon games prior to approximately the third week of June. c. CP recognizes potential traffic and parking issues with major downtown events such as Thursday evening Farmers Market; May Madness (second Saturday in May), Street Painting Festival (second weekend in lune), Criterium Bike Race (second Saturday in August) and will use commercially reasonable efforts not to schedule games simultaneously with these events In consideration of the multiple uses of Albert Field, the following scheduling protocol is proposed in an effort to balance competing usages, fan comfort and team requirements: a. CP will deliver the proposed draft schedule to the City's designated representative promptly upon the Team's receipt of the schedule from the league; b. Both CP and the City will meet to discuss proposed changes to schedule and CP will submit mutually -agreed upon revised schedule to league; c. The City agrees to provide CP with scheduling priority over any other events at Albert Field except as to those uses that pre-exist the agreement between CP and the City. 2. Parkinq and Traffic: It is critical to the success of this proposed use of Albert Field that fans attending games are able to easily reach the park. As public transit access to Albert Field is limited to bus service from the San Rafael Transit Center (3 blocks from Albert Field), most fans are expected to access the park by foot from downtown or nearby residential neighborhoods or by cars primarily exiting from Highway 101, about 1/3 mile to the east. Industry standards generally assume that one out of every three fans will arrive by car and the City requires a 2.5 average vehicle occupancy calculation be applied, thus, parking and traffic planning is required. CP estimates that between 500 and 800 fans will attend its games at Albert Field and, thus, approximately 160-256 parking spaces will be needed. Pursuant to agreement with Seagate Properties, owner of the San Rafael Corporate Center (SRCC) located across Andersen Drive from Albert Field, the surface lot and garage accommodating approximately 609 cars will be made available free to fans attending games at the park (see letter from Dennis Fisco, attached hereto). The use of the SRCC lots assures fans will have proximate and plentiful parking spaces and assures the local community that traffic and parking will be directed away from neighborhood streets. CENTERFIELDPRTNERS, LLC ( 8 PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK FIELD Additionally, approximately 700 additional spaces in City parking lots at A Street and C Street will be available to accommodate any additional parking needs. Based on the assumption that most fans driving to the ballpark will seek to park as close as possible it is anticipated that the SRCC lots will become the primary parking site and ingress/egress to these lots will require coordination with, and the approval of, the City's Traffic Engineer. Among the issues to be resolved with the Traffic Engineer are: a. Directional signage b. Crosswalk control c. Need for traffic control officers d. Parking lot ingress/egress points See Exhibit B, Parking Plan and Exhibit C Traffic Estimate San RIf1A .. 4t�t h Sil 3"1 Si � 4 Ild St St A11wrt Park/ City Garage SRCC Parking Lots and Garage Third Street Off -Ramp See Exhibit B, Parking Plan and Exhibit C Traffic Estimate CENTERFIELDPARTNERS, LLC PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK FIELD 3. Safetv And Securitv: Of the utmost concern for both the fans' enjoyment of attending the games at Albert Field and the viability of CP's business is assurance of the fans' and neighborhoods' safety and security on game dates. In order to accomplish this critical goal CP, in coordination with the San Rafael Police Department, will engage the services of Barbier Security Group, a local qualified event security firm to provide security services inside the ballpark, around its immediate perimeter and at the SRCC parking lots. In addition, CP will engage the services of a local medical services provider to station a qualified nurse or EMT at the ballpark for each game. See Exhibit D, Safety and Security Plan. 4. Stadium Improvements: Albert Field is a charming throw -back to the golden years of community-based baseball. It remains perfectly functional for high school, senior league, softball and youth league play but as the home field for a professional team with greater financial, safety and functional requirements the facility is in need of a face-lift and upgrade in a few significant areas. CP has identified a number of initial improvements that are needed to launch its first year of operations: Seating 1) The ballpark currently seats about 700 in the grandstand — CP needs to expand seating to approximately 800 seats. i. Additional on field seating on the ft and 3`d base lines just past the end of the dugouts will be added with appropriate fencing/netting to protect fans and players b. Safety 1) The backstop screen needs to be replaced by more secure netting i. CP will provide the netting if the City can arrange to have the old "chicken wire" removed and the new netting hung 2) Warning signs are needed i. CP will propose a signage program to the City for approval 3) Light poles are in play without any protective padding i. The City may have excess padding from other uses and, if so, would provide padding to CP 4) There are fencing gaps along the outfield fence i. Depending on league rules these gaps may or may not need to be temporarily closed Signage 1) Signage posts are needed around the scoreboard i. CP will install posts to permit temporary scoreboard signage 2) The scoreboard needs to be cleaned/repainted L CP will seek to power wash or replace stained panels 3) Additional signage options may be considered subject to approval by City. C'ENTERFIELDPARTNERS, LLC 110 FIELD PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK 4) Broken windows behind grandstand should be repaired i. The City will repair the broken windows d. Paint 1) Grandstand exterior needs painting or power wash L If the City does not have internal resources to paint the exterior of the grandstand, CP may undertake to do the painting 2) Backstop wall needs painting i. If the City does not have internal resources to paint the exterior of the grandstand, CP may undertake to do the painting 3) Locker room/rest rooms need painting i. See below e. Locker/Storage Rooms 1) Both locker rooms require clean up and modest enhancements such as lockers, carpet and tables L CP will renovate locker rooms as needed and pursuant to agreement with City 2) 1 storage room is needed for team equipment and non-perishable concessions — current storage rooms are used to store files and theatrical gear i. The City will provide room in its on-site storage area and use its reasonable efforts to assist CP in finding additional storage See Exhibit G, Site Improvements Plan Concessions 1) There are no concession stands — need to install main concession stand and several portables i. Pursuant to County Health regulations, CP intends to provide a mobile concession stand and several barbeque/portable stands 2) Location of concession areas needs to be identified See Exhibit E, Alcohol Management Plan, Exhibit H, Concessions Plan g. Miscellaneous 1) Banners/Flags needed on grandstand fagade, behind grandstand seating section, on top of grandstand i. At CP's cost and sole determination, flags, banners and bunting may be installed to enhance the ballpark -s appearance 2) Flag pole needed i. The City will seek to locate or acquire a flagpole. CP's fencing contractor has agreed to install the pole at no cost 3) General clean-up and repairs L CP and the City will mutually agree upon a clean-up, repair and maintenance program 4) See Exhibit F, Noise Management Plan for reference to noise mitigation. CENTERFIELDPARTNERS, LLC 111 PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK FIELD ADDITIONAL 3RD BASE CHAIR SEATING CENTERI+FIELDPARTNERS, LLC ( 12 PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK FIELD 1 NEW :KSTOP TING CENTERFZELDPARTNERS, LLC 113 FIELD PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK B. Community Benefits to the City of San Rafael Sociologists may say that in our highly technological personal communications age people are less tied together and that we've lost a sense of community where people actually associate with one another. Minor league baseball, because of its historic and treasured place in our culture, tends to re -link people together with their local community. In fostering this reconnection, communities hosting minor league baseball gain favorable image and visibility from identification with a professional team; residents proudly point to the team as a positive factor in the city's quality of life; local businesses recognize increased economic activity; and community groups (like Little League, for example), senior centers and hospitals regularly receive player appearances and recognition at team games and events. Minor league baseball, particularly independent ball, is dependent on a solid, symbiotic relationship between the team and the community. The financial model of such endeavors offer slim profit margins and the team's success will oftentimes hinge on the ability to leverage public assets and resources, relationships and marketing power to assist in assuring the team's viability. The public officials representing the community's interests are critical to the success of the team by helping to create both a perception and a practically functional public/private partnership that underscores the community's understanding of the benefits and value of having a minor league team in town. In particular, however, CP proposes a number of community service programs, at minimum, to further emphasize the value the team will provide to the San Rafael and Marin County region: 1. Part -Time Jobs Program: A number of the team's day -of -event and seasonal positions will require staffing and CP will place highest priority in filling these positions from the local communities, particularly among teenagers seeking summer jobs. Among the positions currently contemplated are: ticket takers/sellers, guest services, concession stand workers ticket/sponsor sales representatives, and game officials. As these roles are so critical to the operation and success of this customer service -based business, CP will offer a training program to assure that employees are well - versed in the need for exceeding fan expectations and assuring their experience at the ballpark was favorable. 2. Communitv Outreach Pro rq am: The team will have a strong presence in the community by actively participating in civic activities, public events (such as the Farmers Market, May Madness and the Street Painting Festival, for example), local youth baseball programs, visits to care and hospice facilities and in City -based promotional programs. Players will make appearances at schools, hospitals and senior centers; the team will offer clinics to neighborhood kids; and the team will participate in a wide variety of other social events in order to develop a close connection between the team and the City. CENTERFIELDPARTNERS, LLC ( 14 PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK FIELD It is hoped that the games at Albert Field will become "the place to be" for local families, teenagers and visitors looking for a low-cost, fun entertainment option during the summer months when school is out and the nights are warm. The team will develop programs to appeal to a broad public cross-section in an effort to offer a safe, positive and constructive place to congregate. 3. Citv Sponsorship Packaqe: As mutually -agreed upon by the team and the City, an identification program will be developed to promote the team's connection to San Rafael and Marin County. Among the assets to be considered for such a program is appropriate signage at the ballpark; promotional activities (such as local "hero" and public employee recognition, first pitch opportunities, ticket programs and special promo nights, for example); and identification in all team marketing and promotional materials. The team and the City will meet in advance of the forthcoming season to discuss how the team can help promote the City and how the City can help promote the team. See Exhibit I, Community Benefits Plan. C. Proposed Rental Agreement 1. Term of the Aareement: • CP proposes a one-year agreement from October - 2011 through September 30, 2012. 2. Field Rental Rates • CP offers to pay: o Commercial rate rental fees for the use of the field and lights o Facility improvements as agreed • CP agrees to pay 50% of field rental costs prior to or on March 1, 2012 • CP agrees to pay 25% of field rental costs prior to or on June 1, 2012 • CP agrees to pay 25% of field rental costs prior to or on September 15, 2012 3. Stadium Expenses • CP will pay for its own operating expenses including, but not limited to: cost of portable toilet facilities; concession stands; additional seating; post -game clean-up; in - stadium directional and way -finding signage; permits and licenses; repairs resulting from its use of facilities; sponsor signage and staffing CENTERFIELDPARTNERS, LLC I is PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK FIELD • Upon mutually agreed standards, the City will maintain the playing field, grandstand, and perimeter areas; and will prepare the field for each game 0 The City agrees to cooperate and use its best efforts to determine if there are resources, assets and other benefits that the City can offer to help offset the team's cost of operations, marketing/promotion of the team games and improvements to the stadium ►�� � �I_1►�i � ►�i �_� � �_T�`i�1T11 �I �1 Centerfield Partners, LLC owns the exclusive North American League territory rights for the Bay Area. As contemplated by this proposal, the first team it enters into the league will be located at Albert Park Field in San Rafael. CP is committed to providing the highest quality entertainment experience to its fans and to enhancing the quality of life in the San Rafael and Marin County communities through an aggressive community outreach program and identity campaign that promotes the partnership between the team and the community. The team's success is dependent on the professional skills of its management team and their operational staff who will assure that the outlined goals are achieved. Brian Clark, Centerfield Partners Chief Executive Officer and Team Owner Brian spent nearly 20 years in the airline and online travel search industries, most recently serving as the first commercial officer for Virgin America, a $600m California-based airline, and Senior Vice President in charge of Fly.com, a travel search website with operations in the US and Europe. Now a Management Consultant and CEO of travel technology startup Vayant Travel Technologies LLC, he is also an Angel Investor, Advisor, and Board Member in various Travel and Social Media startups. Brian grew up in Cleveland, Ohio as an avid Indians and Browns fan. He currently resides in Dublin, CA with his wife and 3 children. Michael Shapiro, Redwood Sports and Entertainment 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 Larkspur, CA with his wife and two sons who both play baseball at Redwood High School; is Managing Partner of a sports consultancy, the Redwood Sports and CENTERFIELDPARTNERS, LLC 116 PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK FIELD Entertainment Group (RSEG); and teaches Team and Facility Operations at the University of San Francisco Sport Management graduate program. Brian Sobel, Sobel Communications Brian Sobel has been the principal consultant for Sobel Communications, located in Petaluma, for over twenty years. Sobel has many years of experience in the corporate and public sectors. In the public sector Sobel has served as a planning commissioner and vice mayor of Petaluma, California, and been a candidate for the California State Assembly. Sobel is past chairman of the Sonoma County Transportation Authority. Currently he is a member and past president of the 4th Agricultural District, appointed by the Governor of California. Sobel is also a member of the Golden Gate Bridge, Highway and Transportation District Board of Directors. His non-profit services include duties as president of the Board of Directors of Northbay Ecumenical Homes and a corporate officer and trustee of the Cedars Foundation of Ross. Sobel is also past -president of the Board of Directors of the Petaluma Area Chamber of Commerce and is currently a director of the Bank of Marin, headquartered in Novato, California. 1:961:24 Z .1% The day-to-day activities of operating the San Rafael franchise will be overseen by a team of experienced and proven minor league baseball executives who understand the importance of operating under tight budgetary constraints, integrating a team with its community and professionally marketing/branding both the team and the community's identities. CP will appoint an operating staff and field management team (manager and coaches) as soon as practical once an agreement between CP and the City is reached. V. CONCLUSION couple"'Since the with a team for more than a years, ,definitely _ built up ballparkaround the brand, the entertainment value of the game. Winning and losing has little : .. with a minor CENTERFIELDPARTNERS, LLC 117 PROPOSAL TO BRING PROFESSIONAL BASEBALL TO ALBERT PARK FIELD This proposal is more than about bringing a minor league team to play at Albert Park Field. It is, however, everything about bringing 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 a wonderfully charming ballpark that evokes a sentiment for a 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 a game. All this, for very low cost and close by - right in the middle of the county —just like it used to be. Just like it should be. 1. 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. Centerfield Partners ("CP") has proposed to locate a North American Baseball League franchise at Albert Field beginning in May 2012. Based on projected seating capacity, proximity to downtown San Rafael and adjoining neighborhoods a parking management plan is a key element to the proposal. 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 encouraging attendance at baseball games but CENTERFIELDPARTNERS, LLC 2 ALBERT FIELD PARKING PLAN 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 CP will review with the Fire Department the onsite -parking layout to ensure adequate Fire Department apparatus access is provided through the drive aisles. II. 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 l OF USE FA In 80% ALREADY PARKED DOWNTOWN 15-10% WALKING 15-10% BICYCLE 12% • : • • . •, , , , 1 III. VEHICLE OCCUPANCY RATE In accordance with the Albert Field Site Improvements Plan set forth in Exhibit G, CP intends to expand seating capacity from approximately 700 to approximately 800 seats. CP 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. CENTERFIELDPARTNERS, LLC 13 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, CP 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. CENTERFIELDPARTNERS, LLC 14 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. i I Legend: G -City Garage; L -City Lot CENTERFIELDPARTNERS, LLC 1 5 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 CP 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 7:15pm. In order to deflect traffic from peak Friday commute times, CP expects to start Friday night games 7:30pm. TYPICAL TYPICAL TYPICAL SUNDAY WEEKNIGHT/SATURDAY FRIDAY NIGHT GAMES* NIGHT GAMES* GAMES GATES OPEN 6:15p 6:30P 11:30a FIRST PITCH 7:15p 7:30P 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 6:15p and 7:15pm on weeknights/Saturday nights (and 6:30p and 7:30p on Friday 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. CENTERFIELDPARTNERS, LLC 16 ALBERT FIELD PARKING PLAN VII. PARKING LOT OPERATIONS 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. CP 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 Anderson 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 CENTERFIELDPARTNERS, LLC 17 ALBERT FIELD PARKING PLA 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. CP is cognizant of the need to divert ballgame parkers from the Gerstle Park and other surrounding neighborhoods. CP 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, Linclaro, A, B, C and D Streets • Public information campaign: CP 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 a committee of community representatives, appointed by the City Council, at mid-season and at season's end to encourage input from the community in resolving any problem areas and to seek ways to better CENTERFIELDPARTNERS, LLC 1 8 ALBERT FIELD PARKING PLAN integrate the team with the residents. CP 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. 4XINfiR 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. CENTERFIELDPAP,TNERS, LLC 12 ALBERT FIELD TRAFFIC MANAGEMENT PLAN 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 (SAUSALITO, MILL VALLEY, TWIN CITIES) WEST MARIN (SAN 15-20 MINUTES ANSELMO, FAIRFAX, PT. REYES) EAST BAY (RICHMOND, EL 25-30 MINUTES CERRITO, SAN PABLO) CENTRAL MARIN (SAN RAFAEL, NOVATO) NORTH BAY (PETALUMA, SANTA ROSA) 5-10 MINUTES 15-20 MINUTES HIGHWAY 101 N 30% SIR FRANCIS 10% DRAKE/2 ND STREET HIGHWAY 101 N 5% HIGHWAY 101 S 40% HIGHWAY 101 S 10% 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/2 nd 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: AUTOMOBILE 80% CENTERF'IELDPARTNERS, LLC 3 ALBERT FIELD TRAFFIC MANAGEMENT PLAN ALREADY PARKED DOWNTOWN 5-10% WALKING 5-10% BICYCLE 2% PUBLIC TRANSPORTATION 0% 3. Alternative Access Strategies In line with its goal to reduce fan access by automobiles and, thus, reduce traffic impacts, CP 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 maximum 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 7:15p game time with maximum attendance, an estimated 179 cars (256*70%) will arrive between 6:15pm and 7:15pm 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. CENTERFIELDPARTNERS, LLC 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. V. CONCLUSION The maximum incremental traffic generated by San Rafael baseball fans during the peak arrival hour before game time, using maximum attendance, is 256 cars. The majority of night game ingress will start at 6:15p for a 7:15p 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. Expected Cars Time Distribution Cars 0-60 min prior Fans (80% via car; 2.5 AVO)Cars > 60 min orioitars 0-60 min prior Hwv 1015 HWv 101N 2nd St 30% 70% 50% 40% 10% 300 96 28 38 19 15 4 500 160 48 112 56 45 11 800 256 77 179 90 72 17 The majority of night game ingress will start at 6:15p for a 7:15p 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. F --T" IF, •OMM41 •i 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. CP 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 response requirements (including how medical emergencies will be handled) and all relevant information regarding conditions of entry, timings, etc. CENTERFIELDPARTNERS, LLC 2 ALBERT FIELD SAFETY AND SECURITY PLAN • 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 CP 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 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, CENTER-FIELDPARTNERS, LLC 3 ALBERT FIELD SAFETY AND SECURITY PLAN I 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 1611X 811 • 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 • 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 CENTERFIELDPARTNERS, LLC 4 ALBERT FIELD SAFETY AND SECURITY PLAN • 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 • Insulated coolers, cups and thermoses larger than 22 ounces • Pizza boxes larger than personal size b. Permitted Items: CENTERFIELDPARTNERS, LLC 5 ALBERT FIELD SAFETY AND SECURITY PLAN • 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, CP 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. EXHIBIT E - 1. 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. Centerfield Partners 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. Centerfield is committed to satisfying all requirements of the applicable permits, to retain the ability to offer alcoholic beverages as an option for customers. Centerfield is also committed to the proper management of sales and consumption to retain a game environment that is conducive to family entertainment. II. TECHNIQUES FOR EFFECTIVE ALCOHOL MANAGEMENT (TEAMI 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. CENTERFIELDPARTNERS, LLC 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. CP 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. 111. POLICIES AND PROCEDURES CP 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 i ! C CENTERFIELDPARTNERS, LLC 3 ALBERT FIELD ALCOHOL MANAGEMENT PLAN 6. NO TAILGATING, PICNICS OR ALCOHOL CONSUMPTION IN PARKING LOTS 7. TEAM STAFF AND SECURITY PERSONNEL WILL PATROL ALL SEATING SECTIONS IN ORDER TO DETECT EARLY ANY SIGNS OF OVERINDULGING F.11 4:14 A IS J 144 OWN 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 Centerfield Partner's ("CP") 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 CP's games at Albert Field. 11. GAME CONDITIONS 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/ sugarlandjcultural_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 CENTERFIELDPARTNERS, LLC 2 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. CP proposes to use the existing PA system, such that PA noise levels are not expected to increase relative to existing use. 111. THE NOISE MANAGEMENT PLAN Current uses of Albert Field regularly conclude between 10:30 and 11:OOpm. However, CP 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 CP will work with neighbors to address any complaints about noise. 1. Game Schedules: Weeknight (Monday to Friday) and Saturday night 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), CP anticipates that games will generally start at 7:15 p.m. Sunday afternoon games will generally start at 1:05 pm. While baseball games are not 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. CENTERFIELDPARTXERS, LLC 13 ALBERT FIELD NOISE MANAGEMENT PLAN 2. Use of PA: CP 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: • CP will utilize the public address system installed in the Albert Park Stadium • 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. EXHIBIT G 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. CP appreciates the charm and utility of Albert Field. However, upgrades are needed to accommodate the planned use as a minor league facility. CP, in coordination and partnership with the City, will make improvements to the facility to make Albert Field ready to host professional minor league baseball. 142 *k1• Z__1 •:• CP is presenting a list of proposed improvements as part of this Exhibit, with examples of a typical solution where appropriate. Staff will assist CP in determining the procedures needed for review and approval, a process that is expected to take place over many months. CP reserves the right to amend its list of proposed improvements as the 2012 baseball season approaches, with the mutual agreement of the City. CP will make five specific improvements to Albert Park that are needed to launch its first season of operations: 1. Additional Temporary Seating - The ballpark currently seats about 700 in the grandstand. CP will expand seating to 800 seats through the addition of on -field seats ("Temporary Seating"). The Temporary Seating will remain CP's responsibility. CENTERFIELDPARTNERS, LLC 2 ALBERT FIELD SITE IMPROVEMENTS PLAN The Temporary Seating will be situated on the 15t and 3rd base lines just past the end of the dugouts along with appropriate fencing/netting to protect fans and players. CP currently estimates that this will add approximately100 seats in total. These seats may be in rows of seating, or on field -level table tops. CP will protect existing irrigation and drainage when installing fencing or netting to protect on -field seating. 2. Backstop Screen- The backstop screen will be replaced by new netting to protect fans seated in the grandstand. CP will purchase and donate the netting to the City, at which point the new netting will be owned by the City, such that the City will be responsible, at the City's expense, to have the old "chicken wire" removed and the new netting installed. Installation of the new netting will be supervised by the Community Services. 3. New Dugout Area Fence — High School baseball and other ball players today congregate in the on -deck circle area since the dugouts cannot accommodate full teams. This will not be permitted in professional minor league baseball. CP will install a 3 -foot high protective fencing outside each dugout so players can sit outside, but protected by the new fencing surrounding the dugouts. CP will attempt to make these posts removable. 4. Grandstand External Facade Cleanup — CP will undertake a cleanup process to wash and/or paint the external portions of the existing Grandstand. 5. Locker Room/Restroom cleanup - CP 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. In the event other improvements are sought, Centerfield 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. EXHIBIT H 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 Centerfield Partners ("CP") 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. 11. 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. CP 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. CENTERFIELDPARTNERS, LLC 12 ALBERT FIELD CONCESSIONS PLAN CP 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. An example of a Main Concession Stand is provided here: 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 expected to be tented, and will 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 CENTERFIELDPARTNERS, LLC 13 ALBERT FIELD CONCESSIONS PLAN open flame barbeque and will feature a menu of cooked meats, corn on the cob and other options. An example of a portable BBQ is provided here: 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. 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. CP 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. CENTERFIELDPARTNERS, LLC ALBERT FIELD CONCESSIONS PLAN While there is a basic menu that will likely not vary, CP 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 • Ethnic Choices: Mexican, Asian, Italian • Beer/Wine • Healthy Choices • Subs • Lemonade Barbeclue • Tri -Tip Sandwich • Sausages • Chicken Sandwich • Corn on the Cob • Hamburgers CP 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. CENTERFIELDPARTNERS, LLC 1 5 ALBERT FIELD CONCESSIONS PLAN V. Restroom Facilities Plan CP 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. CP 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. CP will be responsible for the rental of any such boxes should they become necessary. M MI MI I COMMUNITY BENEFITS PLAN Centerfield Partners (CP) 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 ), 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. 11. 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.