HomeMy WebLinkAbout0005_3_Fifth Amendment to Stadium Interim Management Agt 012518@BCL@B40DA93A.doc - 1 -
FIFTH AMENDMENT
TO
STADIUM INTERIM MANAGEMENT AGREEMENT
THIS FIFTH AMENDMENT TO STADIUM INTERIM MANAGEMENT
AGREEMENT (the “Fifth Amendment”), dated for identification as of January 23, 2018, is
made by and between the SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE (“Successor Agency”), and the LAKE
ELSINORE STORM LP, a California limited partnership (“Storm”).
RECITALS
The following recitals are a substantive part of this Fifth Amendment:
A.The City Council of the City of Lake Elsinore adopted a redevelopment plan (the
“Redevelopment Plan”) for an area within the City known as the Rancho Laguna Redevelopment
Project Area 3 (the “Project Area”) by way of its approval of Ordinance No. 815 on September
8, 1987, as thereafter amended by Ordinance No. 987 adopted on November 22, 1994.
B.In furtherance of the Redevelopment Plan and that certain First Amendment to
Amended and Restated Option Agreement Under Threat of Condemnation and Irrevocable Offer
To Donate Stadium Site and Stadium Access Parcel and Unconditional Acceptance Subject To
Covenants, Conditions, Restrictions and Reservations (“Offer to Donate”) dated August 5, 1993,
the former Redevelopment Agency of the City of Lake Elsinore acquired certain real property for
redevelopment purposes and thereafter, in 1994, completed the “Lake Elsinore Diamond
Stadium” on property donated for purposes of developing a minor league professional baseball
stadium.
C.In furtherance of the Redevelopment Plan and the covenants, conditions,
restrictions and reservations set forth in the Offer to Donate restricting the use of the property as
a minor league professional baseball stadium for a minimum of fifty years, the former
Redevelopment Agency operated, managed and maintained the Lake Elsinore Diamond Stadium
and the property (collectively, the Premises”) pursuant to various agreements, including the
Stadium Operations Contracts.
D.Following the dissolution of the former Redevelopment Agency, the Successor
Agency entered into that certain Stadium Interim Management Agreement dated January 1, 2013
(the “Interim Agreement”) to provide for the performance of the enforceable obligations under
the Stadium Operation Contracts and the Offer to Donate, including maintenance, management,
promotion and operations of the Premises. Capitalized terms used herein which are not
otherwise defined herein shall have the meaning ascribed to them in the Interim Agreement.
E.The Interim Agreement was successfully implemented during calendar year 2013
to provide for efficient and cost effective management, maintenance and operation of the
Premises.
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F.In order to provide for continued efficient and cost effective management,
maintenance and operation of the Premises for calendar year 2014, the Successor Agency and the
Storm entered into that certain First Amendment (2014) to Stadium Interim Management
Agreement dated September 24, 2013 (the “First Amendment”).
G.In order to provide for continued efficient and cost effective management,
maintenance and operation of the Premises for calendar year 2015, the Successor Agency and the
Storm entered into that certain Second Amendment (2015) to Stadium Interim Management
Agreement dated September 23, 2014 (the “Second Amendment”).
H.In order to provide for continued efficient and cost effective management,
maintenance and operation of the Premises for calendar year 2016, the Successor Agency and the
Storm entered into that certain Third Amendment (2016) to Stadium Interim Management
Agreement dated September 22, 2015 (the “Third Amendment”).
I.In order to provide for continued efficient and cost effective management,
maintenance and operation of the Premises for January 1 2017 – June 30, 2018, the Successor
Agency and the Storm entered into that certain Fourth Amendment (2017-2018) to Stadium
Interim Management Agreement dated September 27, 2016 (the “Fourth Amendment”).
J.The obligations set forth in the Interim Agreement, First Amendment, Second
Amendment, Third Amendment and Fourth Amendment have been included in prior Recognized
Obligation Payment Schedules (ROPS) approved by the Successor Agency, the Oversight Board
of the Successor Agency (“Oversight Board”) and the Department of Finance (“DOF”).
K.The Fourth Amendment will expire on June 30, 2018 and the parties desire to
enter into this Fifth Amendment to provide for continued efficient and cost effective
management, maintenance and operation of the Premises for the period commencing July 1,
2018 through June 30, 2020 and thereafter in accordance with this Fifth Amendment.
L.Capital repairs of approximately $2,834,950 for the period commencing July 1,
2018 through June 30, 2020 are necessary to protect the structural components and operational
systems of the twenty-four (24) year old Stadium and to protect the safety of the players and the
spectators consistent with applicable laws and NAPBL standards.
M.In accordance with Health and Safety Code (“HSC”) Section 34177(o)(1), the
Successor Agency will adopt and submit to DOF a Recognized Obligation Payment Schedule
(“ROPS”) for the period from July 1, 2018 through June 30, 2019 and for each successive July 1
through June 30 thereafter throughout the Term which will include the Successor Agency
obligations set forth in this Fifth Amendment and list, among other things, as enforceable
obligations of the Successor Agency, the following obligations related to the Premises as more
fully described and referenced therein:
(i)Concession License Agreement, as amended (“Concession Agreement”);
(ii)License Agreement, as amended (“License Agreement”);
(iii)Stadium Field and Maintenance Agreement, as amended (“Maintenance
Agreement”);
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(iv)Stadium operations and maintenance obligations; and
(v)the Interim Agreement.
N.Consistent with the legislative authorization contained in HSC Section 34171
allowing successor agencies to enter into enforceable obligations for the purpose of maintaining
the assets of the former Redevelopment Agency, the Successor Agency seeks to (a) provide for
the continued efficient and cost effective management, maintenance and operation of the
Premises, and (b) retain the Storm, which possesses the experience and qualifications to continue
to carry out such obligations. Engagement of the Storm is necessary to ensure that the “Lake
Elsinore Storm,” a single “A” baseball team, and a member of the California League of the
National Association of Professional Baseball, owned by Storm LP, continues to play its home
baseball games at the Stadium in accordance with the Stadium Operations Contracts.
O.In furtherance of the purpose and intentions of the parties with respect to the
Interim Agreement, the parties hereto agree to amend the Interim Agreement as provided herein.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals and the terms contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties do hereby agree as follows:
1.Review Meetings. Section 2.4 of the Interim Agreement, entitled “Review
Meetings” is hereby amended and restated in its entirety as follows:
2.4 Review Meetings.
(a)Monthly Meetings. As often as necessary, but in no event less
than one time per month during the Maintenance Term, the General Manager, or
designee, and the Executive Director, or designee, shall meet at a mutually agreed
upon time and place in order to discuss the condition of the Stadium and the
performance of the Storm hereunder and any other applicable issues.
(b)Annual Inspection/Facilities Review. During September 2018
and each September thereafter during the Term, the General Manager, or
designee, and the Executive Director, or designee, shall (i) inspect the Stadium
and conduct a facilities review to assess the condition of the Stadium and capital
repair needs, and (ii) review the annual revenues and operating expenses for the
prior July 1 – June 30 period to assess operational efficiencies. Prior to December
31, 2018 and each December 31 thereafter during the Term, the General Manager,
or designee, and the Executive Director, or designee, shall complete an Annual
Operating Budget and Schedule of Capital Repairs, including estimated costs, for
the period commencing the following July 1 – June 30.
2.Utilities.Section 5 of the Interim Agreement, entitled “Utilities” is hereby
amended and restated in its entirety as follows:
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5.Utilities. Notwithstanding any contrary provision contained in the
Stadium Operations Contracts, the Storm shall be responsible for the payment of
all Utilities regardless of whether the utility account is in the name of the Storm,
the Successor Agency or City of Lake Elsinore. The Storm agrees to cooperate
with the Successor Agency to explore ways to incorporate the use of or replace
existing systems with alternative clean energy and to improve energy efficiency,
including electrical utility savings by way of power purchase agreements through
the Southwest Riverside County Energy Authority. An energy assessment will be
conducted during the Annual Inspection/Facilities Review pursuant to Section
2.4(b) and an amount equal to any savings accounted for from the prior fiscal year
shall be subtracted from the Additional Interim Management Fee to be paid for
the following fiscal year pursuant to Section 7.2(d).
3.Term of Agreement; Termination. Section 6 of the Interim Agreement, entitled
“Term of Agreement; Termination,” is hereby deleted in its entirety and replaced with the
following:
6.Term of Agreement; Termination
6.1.Term. The term of this Interim Agreement (hereinafter the
“Term”) shall commence on the Effective Date and shall, unless earlier terminated in
accordance with Sections 6.2, 19, or 20 hereof, automatically renew commencing July 1,
2020 for up to three successive two-year terms, each a “Renewal Term,” and one six-
month “Extension Term” which shall expire December 31, 2026.
6.2.Rights of Termination.
(a)June 30, 2018 Termination. Successor Agency may
terminate this Agreement effective as of June 30, 2018, by giving written notice thereof
to the Storm no later than April 30, 2018.
(b)Termination Prior to Renewal Term or Extension
Term. Either party may terminate this Agreement prior to the July 1 commencement of
any Renewal Term by providing sixty (60) days written notice of termination to the other
party as follows:
(i)On or before April 30, 2020, either party may
terminate this Agreement effective as of June 30, 2020 by providing written
notice of termination to the other party;
(ii)On or before April 30, 2022, either party may
terminate this Agreement effective as of June 30, 2022 by providing written
notice of termination to the other party;
(iii)On or before April 30, 2024, either party may
terminate this Agreement effective as of June 30, 2024 by providing written
notice of termination to the other party; and
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(iv)On or before April 30, 2026, either party may
terminate this Agreement effective as of June 30, 2026 by providing written
notice of termination to the other party.
(c)Default. The Successor Agency and Storm shall have the
right to terminate this Interim Agreement as a result of an uncured Default hereunder.
Any such termination shall be made in accordance with Sections 19 or 20.
(d)Party’s Property and Offset. Upon termination of this
Interim Agreement under this Section 6.2, all materials and equipment purchased by
either party hereunder in connection with this Interim Agreement shall remain that
party’s property. In addition, the Storm shall be entitled to payment for all of the
Storm=s services rendered hereunder through the effective date of any such termination.
(e)Effect of Termination. Notwithstanding the termination
of this Interim Agreement pursuant to this Section 6.2, the provisions of Stadium
Operations Contracts shall remain in full force and effect.
4.Stadium Use. Section 4.3 of the Interim Agreement, entitled “Stadium Use,” is
hereby deleted in its entirety and replaced with the following:
4.3.Stadium Use.
(a)Storm Games. During the Term, the Storm shall play its
home baseball games at the Stadium, including pre-season, regular season and play-off
games as scheduled by the League and shall have the right to use the Stadium for baseball
practices and workouts. Upon receipt from the League, but in no event later than the 15th
of November of each year during the Term, the Storm will provide the Executive
Director of the Successor Agency with the written, proposed schedule for all professional
baseball games involving the Storm for the coming baseball season including all pre-
season games, a reasonable number of dates to be held for playoff games, as required by
the League, and practices and workouts (collectively, the AStorm Games@).
(b)Other Storm Events. In addition to the use of the Stadium
for the Storm Games, the Storm shall have the right to use the Stadium for non-baseball
related exhibitions, ceremonies or events (the AOther Storm Events@) on dates which the
Stadium is not otherwise in use for Storm Games or other reserved uses, at its sole cost
and expense, without any additional license fee or charge incurred, except for Storm’s
obligation with respect to maintenance as provided herein and subject to the conditions
set forth below.
i.Lake Elsinore Diamond Stadium. All promotional
and marketing materials for all Other Storm Events shall include the name “Lake
Elsinore Diamond Stadium.”
ii.Special Event Permit. The Storm shall obtain a
Special Event Permit for all Other Storm Events from the City of Lake Elsinore in
accordance with Chapter 5.108 of the Lake Elsinore Municipal Code, as now exists or as
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may hereafter be amended, including submittal of an application not less than sixty (60)
days prior to the event and compliance with the Special Event Permit Requirements for
Other Storm Events (Exhibit “D” attached hereto and incorporated by reference herein)
and such additional conditions of approval as may be deemed necessary or appropriate by
the City in connection with the issuance of a Special Event Permit for the Other Storm
Event. Concurrent with the submittal of the special event application package to the City,
the Storm shall notify the Executive Director in writing of the proposed date and title of
the Other Storm Event and a promotional/marketing plan demonstrating the anticipated
attendance.
ii.Governmental Regulations/Permits. The Storm
shall comply with all applicable local, state, and federal laws, ordinances, rules,
regulations and requirements (including without limitation land use and zoning,
environmental, labor and prevailing wage, occupational Health & Safety, building and
fire codes) in connection with the promotion and operation of Other Storm Events and
shall apply for, secure, maintain and comply with all required licenses and/or permits.
The Storm shall use commercially reasonable efforts to cause any users of the Stadium to
report and pay sales taxes as generated within the City in accordance with all applicable
laws.
iii.Quality Standards. The Storm shall conduct Other
Storm Events in accordance with the highest standards for cleanliness and quality and
shall comply with all applicable terms and conditions of this Agreement and the Stadium
Operations Contracts.
(c)City/Agency Use. The Successor Agency, for itself and on
behalf of the City of Lake Elsinore, reserves the right to use the Stadium, including
without limitation, the Agency Suite, the Diamond Club and conference room for
meetings, conferences and other events provided the Successor Agency notifies the Storm
in advance. Notwithstanding the foregoing, the Storm shall have the right to use the
Stadium on the days set forth in the schedule for the Storm Games and for Other Storm
Events approved in accordance with the provisions of Section 4.3 (b) and the Successor
Agency will not schedule any other events at the Stadium on the day of a Storm Game or
other Storm Event if such event would interfere with the Storm=s use of the Stadium.
(d) Agency Suite. For all Storm Games and Other Storm
Events, free of any charge to Successor Agency, the Storm shall (i) secure and deliver to
the Successor Agency tickets and parking passes for use of the Agency Suite, or (ii)
provide reasonable alternative methods of access to the Agency Suite and Agency
Parking. In the event the Successor Agency elects not to use the Agency Suite for any
Other Storm Event, the Storm, including its representatives and invitees, may use the
Agency Suite. The Storm shall indemnify and hold the Successor Agency and the City
harmless from any loss, cost or expense or damage to Successor Agency property
associated or in connection with use of the Agency Suite by third parties.
5.Compensation. Section 7 of the Interim Agreement, entitled “Compensation,” is
hereby deleted in its entirety and replaced with the following:
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7.Compensation
7.1.Stadium Operations Contracts Compensation Recap. Pursuant
to the Stadium Operations Contracts, the Storm and/or the Successor Agency are entitled
to compensation during the Term as follows:
(a)License Fee: Under the License Agreement, the Storm is
required to pay to the Successor Agency a License Fee in the amount of $522,473 for the
period commencing July 1, 2018 through June 30, 2019, and $535,534 for the period July
1, 2019 through June 30, 2020. The License Fee shall increase 2.5 percent annually over
the prior year during each Renewal Term and the Extension Term, if any.
(b)Percentage of Concessions: Under the Concession
Agreement, the Storm’s affiliate, Golden State, is required to pay Successor Agency a
percentage of the GRCS pursuant to Section 6 thereof (the “GRCS Concession Fee.”).
(c)Annual Maintenance Fee: Under the Maintenance
Agreement, Successor Agency is required to pay Storm an Annual Maintenance Fee in
the amount of $243,912 for the period commencing July 1, 2018 through June 30, 2019,
and $250,010 for the period July 1, 2019 through June 30, 2020. The Annual
Maintenance Fee shall increase 2.5 percent annually over the prior year during each
Renewal Term and the Extension Term, if any.
7.2.Storm Compensation. Commencing upon the Commencement
Date (July 1, 2018), and continuing through the expiration of the Term, as consideration
for the performance of the services set forth herein, the Storm shall be compensated as
follows:
(a)Assignment of GRCS Concession Fee. Successor Agency
hereby assigns Successor Agency’s right to payment of the GRCS Concession Fee under
the Concession Agreement to the Storm during the Term, estimated at $34,000 annually;
and
(b)Waiver of License Fee. Successor Agency hereby waives
Successor Agency’s right to payment of the License Fee under the License Agreement
during the Term as an offset against the payments due by the Successor Agency to the
Storm hereunder; and
(c)Payment of Annual Maintenance Fee. Successor Agency
shall continue to pay the Annual Maintenance Fee as identified in Section 7.1(c) (i.e., of
$243,912 for the period commencing July 1, 2018 through June 30, 2019, and $250,010
for the period July 1, 2019 through June 30, 2020) and increasing 2.5 percent annually
thereafter during each Renewal Term and Extension Term, if any.
(d)Payment of Additional Interim Management Fee.
Successor Agency shall pay to Storm an “Additional Interim Management Fee” in the
amount of $468,147 for the period commencing July 1, 2018 through June 30, 2019, and
$479,851 for the period July 1, 2019 through June 30, 2020, which shall be payable in
equal monthly installments.
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The Annual Maintenance Fee together with the Additional Interim
Management Fee will result total cash payment from the Successor Agency to the Storm
of $712,059 for the period commencing July 1, 2018 through June 30, 2019, and
$729,861 for the period July 1, 2019 through June 30, 2020 as consideration for services
provided under the Stadium Operations Contracts and this Interim Agreement, which
aggregate amount shall be payable in equal monthly installments of $59,338.25 for the
period commencing July 1, 2018 through June 30, 2019, and $60,821.75 for the period
July 1, 2019 through June 30, 2020.
The Additional Interim Management Fee shall increase 2.5 percent
annually over the prior year during each Renewal Term and the Extension Term, if any.
During each Renewal Term and Extension Term, if any, the Successor Agency shall pay
the Annual Maintenance Fee and the Additional Interim Management Fee in equal
monthly installments. The Storm acknowledges and agrees that in no event will the
Successor Agency be required to provide the Storm with any other form of payment for
performance of the services as provided in this Interim Agreement. The parties
acknowledge that the historic operating costs of the Stadium equal or exceed the
compensation due to Storm hereunder and that it is in each of the party’s best interests to
enter into this Agreement for the efficient use and operation of the Stadium.
6.Capital Repairs. Section 8 of the Interim Agreement, entitled “Capital Repairs,”
is hereby deleted in its entirety and replaced with the following:
8.Capital Repairs. Capital Repairs shall be governed by the applicable
provisions of the Stadium Operations Contracts. A Capital Repair Schedule with
estimated costs budgeted for the period commencing July 1, 2018 through June
30, 2020 is set forth in Exhibit “C” attached hereto and incorporated by reference
herein. Prior to December 31, 2018 and each December 31 thereafter during the
Term, the General Manager, or designee, and the Executive Director, or designee,
shall complete an annual Schedule of Capital Repairs, including estimated costs
budgeted for the period commencing the following July 1 – June 30 in accordance
with Section 2.4(b).
The Executive Director or designee will designate certain Capital Projects that
shall be subject to the Department of Public Works’ direct administration of the
bid process and award of contract consistent with the applicable legal
requirements.
The Storm will undertake and complete such other Capital Repairs as set forth in
Exhibit “C” as are mutually agreed. To the extent that The Storm undertakes such
other Capital Repairs not undertaken by the Successor Agency, The Storm shall
obtain not less than three (3) bids from qualified contractors unless otherwise
excused by the Executive Director. Without limiting the Executive Director’s
discretion, the bidding requirement herein may be excused in situations involving
emergencies and sole source contractors. In addition, The Storm acknowledges
the general requirement that certain Capital Repairs are subject to the
requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as
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well as California Code of Regulations, Title 8, Section 16000, et seq.,
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates
with respect to certain capital improvements, repairs and maintenance work paid
for in whole or in part out of public funds. Accordingly, The Storm agrees to, in
the administrative of the bidding and contractor selection process, inform
prospective bidders of the requirement to comply with the Prevailing Wage
Laws. The Storm may confer with the Executive Director and seek direction with
respect to whether or not a certain Capital Repair is subject to the Prevailing
Wage Law.
Prior to The Storm awarding a contract for a Capital Repair to a qualified
contractor, the Executive Director shall: (i) confirm that The Storm has followed
the proper bidding procedures for selection of a contractor; and (ii) approve the
selection of the contractor and the form of any agreement between The Storm and
the contractor.
Upon completion of the Capital Repair (or a component thereof supporting a
deposit or in-progress reimbursement), The Storm shall deliver to the Executive
Director a written reimbursement request and supporting documentation (such as
third party invoices, lien releases and cancelled checks). To the extent that the
reimbursement request is for a completed Capital Repair, The Storm shall, if
applicable, submit as-built drawings or similar plans and specifications for the
items to be reimbursed.
7.Insurance. Section 10 of the Interim Agreement, entitled “Insurance” is hereby
amended and restated in its entirety as follows:
10. Insurance. The Storm shall maintain insurance as set forth in Section 13
of the License Agreement at all times during the term of this Interim
Agreement. In addition, the Storm shall maintain liquor liability coverage
in an amount not less than $5 million at all times during the term of this
Interim Agreement. The liquor liability coverage required pursuant to this
Section 10 shall be separate from the coverage that may be required by the
City of Lake Elsinore as a condition of approval to a Special Event Permit
obtained in accordance with Section 4.3(b) herein.
8.City Manager/Executive Director. The City Manager of the City of Lake
Elsinore serves in the capacity as Executive Director of the Successor Agency and all references
to “City Manager” in the Interim Agreement shall be synonymous with “Executive Director” as
used in this Fifth Amendment and vice versa.
9.Accuracy of Recitals. The Parties acknowledge the accuracy of the foregoing
Recitals, which are incorporated herein by this reference.
10.Authority; Priority of Amendment. This Fifth Amendment is executed by the
Parties’ authorized representatives. Except as expressly modified herein, all of the terms of the
Interim Agreement shall remain unchanged and in full force and effect, and the Parties shall
continue to fulfill their respective obligations under the Interim Agreement as amended by this
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Fifth Amendment. To the extent of any conflict between the terms of the Interim Agreement and
the terms of this Fifth Amendment, the terms of this Fifth Amendment shall control.
11.Captions. The captions appearing in this Fifth Amendment are for convenience
only and are not a part of this Fifth Amendment and do not in any way limit, amplify, define,
construe, or describe the scope or intent of the terms or provisions of this Fifth Amendment.
12.Counterparts. This Fifth Amendment may be executed in counterparts, each of
which shall be deemed an original, and all of which together shall constitute but one and the
same document.
13.Commencement Date. The provisions of this Fifth Amendment shall commence
on July 1, 2018 (the “Commencement Date”).
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IN WITNESS WHEREOF, the parties have executed this FIFTH AMENDMENT TO
STADIUM INTERIM MANAGEMENT AGREEMENT on the respective dates set forth below.
“SUCCESSOR AGENCY”
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE
Dated:By:___________________________
Grant Yates, Executive Director
ATTEST:
SUCCESSOR AGENCY SECRETARY
By: __________________________
Susan M. Domen, MMC
APPROVED AS TO FORM:
LEIBOLD McCLENDON & MANN, P.C.
Successor Agency Counsel
By: ___________________________
Barbara Leibold
“STORM”
LAKE ELSINORE STORM LP, a
California limited partnership
By:GJJ STORM MANAGEMENT,
LLC, a California limited liability
company
Its:General Partner
Dated:By: ______________________________
Gary E. Jacobs, Manager
EXHIBIT “C”
EXHIBIT “C”
CAPITAL REPAIR SCHEDULE
DIAMOND STADIUM CAPITAL REPAIR SCHEDULE
DESCRIPTION JULY 1, 2018 TO
JUNE 30, 2019
JULY 1, 2019 TO
JUNE 30, 2020
CONCESSION STAND #3 - COMPLIANCE
HEALTH CODE
$295,000 $-
REPLACE APPLIANCES IN CONCESSION
STAND #3
75,000 -
STEEL BEAMS IN RAFTERS-REPLACEMENT 225,000 125,000
SIDEWALK REPAIRS/REPLACEMENT 50,000 50,000
UTILITY BOXES - REPAIRS/REPLACEMENT 35,000 135,000
SECURITY SYSTEM REPLACEMENT 119,950
SUITE CABINET REPAIRS/REPLACEMENT 165,000 330,000
UNDERGROUND SEWER AND PLUMBING
PIPE REPAIRS
450,000
PRESS BOX AND INTERNAL BROADCAST
SOUND SYSTEM
-250,000
EMERGENCY CAPITAL REPAIRS 50,000 50,000
DIAMOND CLUB KITCHEN-COMPLIANCE
HEALTH CODE
75,000 75,000
MAINTENANCE CREW - EQUIPMENT
REPLACEMENT
-130,000
ELEVATOR REPLACEMENT 150,000 -
$1,689,950 $1,145,000
EXHIBIT “D”
EXHIBIT “D”
LAKE ELSINORE DIAMOND STADIUM
SPECIAL EVENT PERMITS REQUIREMENTS
OTHER STORM EVENTS
1. Spectator Parking and Attendants:
a. The location of spectator parking is designated as the Diamond Stadium Parking
lot(s) A & C. Parking Lot D is available excluding the fenced habitatarea.
b. Parking Lot D must be cleared of all weeds, graded and properly stripped with
parking stalls and travel lanes.
c. Appropriate Staffing for parking fees and direction isrequired.
2. ADA Compliant:
a. Provide ADA Accessible Parking as close as practicable to the tract and admission
area.
b. Provide ADA Restrooms as near as practicable to the track and concessionstands.
c. Have personnel ready to assist handicap patrons as needed.
3. Event Access:
a. Event access shall be coordinated with City Public Works DepartmentStaff.
b. No modifications to dirt right of way are permitted (levee, MalagaRd).
c. During hours of event operation, no vehicles shall be permitted to drive into,
around, inside or leave the Event (base area).
d. Access across private property for the Event Obstacle Course and Parking shall be
secured with notarized right of entrypermission.
4. Vendors & Exhibitors:
a. All vendors selling food shall have the appropriate Riverside County Health
Department Permits and submit to the Special Events Coordinator 20 days prior to
event.
b. All vendors selling products/services are required to maintain a City of Lake
Elsinore Business License during the duration of the event (for convenience, the
City offers one-day businesslicenses).
c. A minimum of an eight-foot aisle way shall be provided between concessions,
waste and sanitationfacilities.
d. Food vendors shall provide the equivalent of two 30-gallon trash containers within
ten (10) feet of their concessions.
e. Organizers shall provide one (1) standard booth space free of charge to theCity.
5. Removable Fencing
a. All removable fencing (bike or concert) must be secured as on immovable object.
Each section must be secured so it cannot be broken, separated or moved by
patrons. The Fire Marshal and Law Enforcement representative shall inspect the
fencing prior to gates opening for the event.
EXHIBIT “D”
6. Crowd Control:
a. All security officers must be crowd controltrained.
7. Generators:
a. All liquid fuel generators shall have secondary containment and a spill kit located
within 100 feet of the secondarycontainment.
8. Amplified Sound & Noise Level:
a. Amplified sound, live music and performances are permitted during theevent.
b. The Organizers shall not violate the City’s noise ordinance by disturbing the peace.
9. ABC Licensing andPermits:
a. ABC Application to be submitted to the Sheriff’s Department no later than 20 days
prior to the event.
b. Applicant must comply with any and all requirements regulations indicated by the
Department of Alcoholic Beverage Control. The issuance of an ABC letter is
conditional and is subject to revocation for any violation of the Alcohol Beverage
Control Act or other state law. Adequate security measures must be in place to
secure all alcoholic beverages from patrons and to prevent accessibility tominors.
i.Beer-ID checks on all persons 21 years and older wishing to purchase
alcohol AND PUT A WRISTBAND ON EVERY PERSON 21 YEARS OR
OLDER.
ii.Limit of one (1) alcohol beverage per person persale.
iii.Alcohol sales to cease one (1) hour prior to end ofevent
10. Event Staffing:
a. Applicantwill provideadetailedsecurityplanindicatingsecuritystaffinglevels
and assignments subject to Sheriff’s approval 20 days prior to the event.
11. Law Enforcement: To Be Determined Based on Dates, Times, Location & Anticipated
Attendance
a. Motor Officers -
b. Officers -
c. Sheriff Sgt. -
d. Mileage -
12. Accessibility of Law Enforcement and EmergencyResponders:
a. There shall be unobstructed access ways into the event for Law Enforcement and
other emergency responders. There shall be clearly marked, unobstructed exits for
patrons in the case of an emergency or the need for evacuationarises.
13. The Fire Safety requirements of the Lake Elsinore Fire Protection Planning are hereby
referenced as a separate attachment and incorporated herein as part of the City’s conditions
of approval.
EXHIBIT “D”
14. Traffic Control:
a. Traffic Control implementation and operation shall be according to the California
Manual of Uniform Traffic Control Devices (CAMUTCD) or another City
approved plan.
b. Signal timing coordination may be required at the discretion of the City Traffic
Engineer.
c. Provide diagram in support of sufficient parking (i.e approx. 3,500 spaces
for attendance of 10,000) – to be adjusted based on anticipated attendance.
15. Portable Toilets and Wash Stations:
a. All portable toilets and rinse stations shall be placed on level ground, be
anchored and have secondarycontainment.
b. Provide sufficient # of portable toilets (regular and ADA accessible) for
anticipated event turnout. Contact your rental source forguidance.
16. Trash and Clean-Up:
a. CR&R has an exclusive franchise for trash service in the City. They shall be used
for trash containers for recycled and non-recycled trash/waste and for trash
disposal.
b. Regular and recyclable trash containers shall be placed throughout the Vendor
Village (aka Lot B) and parking lots (aka Lots A, C andD).
c. Clean-up of Lot B, Vendor Village shall be accomplished using dry clean-up
methods; in the event wet clean-up is warranted, catch basins shall be protected
and at no time shall runoff be directed to the Levee/Lakearea.
d. Best Management Practices shall be implemented during clean-up; no discharge
into the Lake or City storm drain system isallowed.
e. Organizers are responsible for same day clean-up of any tracking from the Event
onto City streets (Diamond Circle, Malaga Road, Pete Lehr Drive,etc.)
17. Environmental:
a. Organizers are responsible for ensuring that pollutants from the event do not
enter the lake. City Municipal Code 14.08 defines "Pollutant"as:
“Pollutant” means anything which causes the deterioration of water quality such
that it impairs subsequent and/or competing uses of the water. Pollutants may
include but are not limited to paints, oil and other automotive fluids, soil, rubbish,
trash, garbage, debris, refuse, waste, hazardous waste, chemicals, animal waste,
offensive matter of any kind.
b. If event dirt is imported from outside the back basin area, it shall be removed
from the back basin area after the event.
i.A haul route is required for all import.
ii.Hauling from a site in within the City limits requires a grading permit on
the export site.
iii.For import of more than 5,000 cubic yards, City Council Approvalis
required.
c. If event dirt is secured from within the back basin area, it may be returned to the
source. All disturbed areas shall be returned to the pre-disturbance condition as
closely as possible.
d. Catch basins in the field maintenance area shall be protected from event related
EXHIBIT “D”
discharge.
e. If a rain event is forecast (10% chance or better) or occurring during a scheduled
event, off site catch basins at Pete Lehr and Malaga Road shall beprotected.
18. Insurance:
a. The Organizer(s) shall provide the City with a certificate(s) of insurance in the
following amounts (subject to change based upon review of Special Event
Permit Application):
□General Aggregate Per Event:$5,000,000
□Auto Liability:$1,000,000
□Workers Comp:$1,000,000
□Alcohol:$5,000,000
b. The Organizer’s shall use the following additionally insured statement:
City of Lake Elsinore its officers, elected and appointed officials, officers, agents,
and employees are named as additional insured per attached ISO form CG20 10 11
85.
19. Promotion/Marketing Plan:
a. The Organizer(s) shall provide the City with a promotional/marketing plan
demonstrating the anticipated attendance.
b. All promotional/marketing materials shall include the name “Lake Elsinore
Diamond Stadium.”
20.The City assumes no responsibility for event related damage or repairs to theStadium.
21.Summary of Fees:
City Permit Application Processing Fee:Prevailing Rate as of Application Date
City Refundable Security Deposit Fee:“
City Department Inspection Fee:“
Sheriffs Law Enforcement Fees (Paid to RSO):“
22.The Special Event Permit may be revoked summarily by the City for non-compliance
with any of these conditions as set forth above.
Required information/documentation due no later than twenty (20) days prior to the event to
the City of Lake Elsinore Special Event Coordinator:
□Conditions of Approval (2 copies with wet signatures andinitials)
□Payment of Event Fees
□Security Deposit (on-file)
□Vendor List
□Business License(s)
□Health Department Permit
□Insurance Documentation
□Fire Safety Plan
□Traffic Control Plan