HomeMy WebLinkAboutItem No. 14 Third Amendment to Concession License Agreement and an Eleventh Amendment to Stadium Interim Management Agreement14)Third Amendment to Concession License Agreement and an Eleventh Amendment to
Stadium Interim Management Agreement
1.Find that the Third Amendment to the Concession License Agreement and the Eleventh
Amendment to the Stadium Interim Management Agreement are exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15301 of the State
CEQA Guidelines; and
2.Adopt A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THIRD AMENDMENT TO
CONCESSION LICENSE AGREEMENT AND THE ELEVENTH AMENDMENT TO THE
STADIUM INTERIM MANAGEMENT AGREEMENT
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REPORT TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency
From:Jason Simpson, Executive Director
Prepared by:Barbara Leibold, Agency Attorney
Date:January 14, 2025
Subject:Third Amendment to Concession License Agreement and an Eleventh
Amendment to Stadium Interim Management Agreement
Recommendation
1. Find that the Third Amendment to the Concession License Agreement and the Eleventh
Amendment to the Stadium Interim Management Agreement are exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301 of the State CEQA Guidelines;
and
2. Adopt A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THIRD AMENDMENT TO
CONCESSION LICENSE AGREEMENT AND THE ELEVENTH AMENDMENT TO THE
STADIUM INTERIM MANAGEMENT AGREEMENT
Background
In 1994, the former Redevelopment Agency of the City of Lake Elsinore (the “RDA”), completed
the Lake Elsinore Diamond Stadium (“Diamond Stadium”) on property donated for purposes of
developing a minor league professional baseball stadium. The Diamond Stadium was intended
to stimulate economic development and redevelopment within the Rancho Laguna
Redevelopment Project Area 3 consistent with and in furtherance of the Redevelopment Plan. As
required by 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 dated August 5, 1993, the RDA operated, managed and maintained the Diamond
Stadium pursuant to various agreements.
Third Amendment to Concession License Agreement and
Eleventh Amendment to Interim Stadium Management Agreement
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In 2001 and 2002, the RDA entered into certain agreements involving the operation and
maintenance of the Diamond Stadium, including a License Agreement, a Stadium Field and
Maintenance Agreement, and a Concession License Agreement (collectively, the “Stadium
Operations Contracts”). Pursuant to the Stadium Operations Contracts, the Storm licensed and
maintained the Stadium for baseball games and other Storm events. An affiliate of the Storm,
Golden State Concessions and Catering, Inc. (“Golden State”), operated the concessions at the
Stadium. Under the Stadium Operations Contracts, the RDA’s management, operation and
maintenance costs were significant and the Stadium operated at a loss.
In 2005, the RDA commenced negotiations with Diamond Stadium Group (DSG) to undertake all
of the Stadium operations, maintenance and management responsibilities. Storm LP, Golden
State and DSG share common controlling ownership. Negotiations between the RDA and DSG
resulted in June 2007 amendments to the Stadium Operations Contracts and a new Stadium
License, Lease and Management Agreement (the “2007 Management Agreement”).
DSG fulfilled all aspects of the 2007 Management Agreement which reduced the RDA’s Stadium-
related costs. However, in June 2011 DSG elected to exercise its right to terminate the 2007
Management Agreement effective December 31, 2012 citing annual losses under the 2007
Management Agreement. Upon termination of the 2007 Management Agreement, the rights and
responsibilities for Stadium management, operations, and maintenance were again divided in
accordance with the Stadium Operations Contracts; however, at that time, the RDA had been
dissolved and the Successor Agency did not have the resources to satisfactorily perform its
obligations.
On December 11, 2012, the Successor Agency approved the Stadium Interim Management
Agreement (“Interim Agreement”) to provide for the efficient and cost-effective management,
maintenance and operation of the Stadium by the Storm through 2013. A First Amendment to the
Interim Agreement was approved in September 2013. A Second Amendment to the Interim
Agreement was approved in September 2014, a Third Amendment was approved in September
2015, a Fourth Amendment was approved in September 2016, a Restated Fifth Amendment and
Extension (collectively, “Fifth Amendment”) was approved in May and June 2018, a Sixth
Amendment was approved January 8, 2019, a Seventh Amendment and an Amended and
Restated Seventh Amendment (collectively “Seventh Amendment”) was approved January 14,
2020 and January 12, 2021, respectively, an Eighth Amendment and an Amendment No 1 to
Eighth Amendment (collectively “Eighth Amendment”) was approved January 14, 2022 and
September 13, 2022, respectively, Ninth Amendment was approved January 10, 2023, and a
Tenth Amendment was approved January 18, 2024.
Since the dissolution of the RDA, the State Department of Finance has approved the allocation
of Real Property Tax Trust Funds for Stadium obligations in accordance with the Successor
Agency Recognized Obligations Payment Schedules (ROPS). The Interim Agreement and the
First through Tenth Amendments have been successfully implemented to provide for efficient and
cost-effective management, maintenance, and operation of the Diamond Stadium.
Discussion
Third Amendment to Concession License Agreement and
Eleventh Amendment to Interim Stadium Management Agreement
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Third Amendment To Concession License Agreement.
A Third Amendment to the Concession License Agreement is necessary to conform to California
Department of Alcoholic Beverage Control (“ABC”) regulations by implementing a flat Concession
Fee to replace the percentage Concession Fee and to align the concession license granted to the
concessionaire with the boundaries of the ABC licenses held by Golden State. No other changes
to the existing Concession Agreement are proposed. Under the terms of the Interim Agreement,
the Concession Fee covered by ROPS 25-26 is credited and assigned to the Storm as part of the
compensation to the Storm for its performance of the operation, maintenance and management
of the Diamond Stadium.
Eleventh Amendment to Stadium Interim Management Agreement.
Major League Baseball (MLB) engaged in a sweeping overhaul of the player development
structure during the 2020 off-season, eliminating the National Association of Professional
Baseball Leagues (NAPBL) as the governing structure and cutting approximately twenty-five
percent (25%) of minor league affiliates. Remaining affiliates now contract directly with MLB
under a new Player Development License agreement finalized in 2021 and aimed at modernizing
facilities and improving player training and logistics. In this restructure the Storm has been
designated as a “Class A” team.
The impacts of Major League Baseball restructuring in 2020 increases in minimum wage and
current inflationary pressures continue to affect Stadium operations and the parties’ budget
assumptions and projections, including operational and capital requirements and facilities
standards established by MLB in the Player Development License. In order to address these
impacts and provide certainty to the Successor Agency and the Storm for the continued efficient
and cost-effective management, maintenance and operation of the Diamond Stadium through the
2026 baseball season, the Successor Agency proposes to enter into an Eleventh Amendment
(“Eleventh Amendment”) extending the term one year to September 30, 2026. The proposed
Eleventh Amendment also updates the Capital Repair schedule as set forth in Exhibit “C.”
Absent the Eleventh Amendment, the existing Stadium Interim Management Agreement will
expire on September 30, 2025 at which time the burden of maintaining, managing and operating
Diamond Stadium under the Stadium Operations Contracts will fall onto the Successor Agency.
The Successor Agency lacks the personnel and the expertise to fulfil these contractual
obligations.
During the 2025-2026 term of the Eleventh Amendment commencing October 1, 2025 through
September 30, 2026, compensation to the Storm for the performance of the maintenance,
management and operations services under the Stadium Interim Management Agreement shall
be $1,219,515 for payable in equal monthly installments of $101,626.25.
As required by the Stadium Operations Contracts, the Successor Agency continues to be
responsible for all Capital Repairs and alterations. Projected Capital Repair expenditures under
the proposed Eleventh Amendment includes an additional $2,910,150 for the 2025-2026 term of
the Eleventh Amendment.
Third Amendment to Concession License Agreement and
Eleventh Amendment to Interim Stadium Management Agreement
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The proposed Eleventh Amendment is reasonable and necessary to satisfy the Successor
Agency’s contractual obligations under the Stadium Operations Contracts and to protect and
maintain the assets of the RDA. The Storm possesses the experience, capabilities and
qualifications to best carry out these obligations. The proposed Eleventh Amendment is in the
best interests of the taxing entities because the Storm’s skills, knowledge and resources will
provide continued, efficient and cost-effective management, maintenance and operation of the
Diamond Stadium which will protect the public’s investment in the Stadium, minimize costs and
mitigate against potential breach of contract and related damages.
The Third Amendment to the Concession License Agreement and the Eleventh Amendment to
the Stadium Interim Management Agreement is subject to the approval of the Riverside
Countywide Oversight Board and the Department of Finance (DOF).
CEQA Exemption
Pursuant to the California Environmental Quality Act (CEQA), based upon a review of the
evidence and information presented, approval of the Third Amendment to Concession License
Agreement and the Eleventh Amendment to the Interim Agreement are categorically exempt from
CEQA pursuant to Section 15301 of the State CEQA Guidelines because they consist of the
operation, repair, and maintenance of existing facilities and will not lead to any direct or
reasonably foreseeable indirect environmental impacts.
Fiscal Impact
The proposed Third Amendment to Concession License Agreement and Eleventh Amendment to
the Interim Agreement provide a high level of certainty relating to the costs of Stadium operations
and maintenance under the Stadium Operations Contracts. The Successor Agency ROPS 25-26
includes Real Property Tax Trust Funds to cover the Successor Agency obligations for the period
of July 1, 2025 through June 30, 2026.
Attachments
Attachment 1 – Resolution Approving Amendments
Attachment 2 – Third Amendment to Concession License Agreement
Attachment 3 – Eleventh Amendment to Stadium Interim Management Agreement
Attachment 4 – Stadium Interim Management Agreement
City Attorney
RESOLUTION NO. SA-2025-0
A RESOLUTION OF THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
APPROVING THE THIRD AMENDMENT TO CONCESSION LICENSE
AGREEMENT AND THE ELEVENTH AMENDMENT TO THE STADIUM
INTERIM MANAGEMENT AGREEMENT
Whereas, in furtherance of the Redevelopment Plan for the Rancho Laguna Redevelopment
Project Area 3 (“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 (the “RDA”) acquired certain real property
for redevelopment purposes and thereafter, in 1994, completed the Lake Elsinore Diamond
Stadium (“Diamond Stadium”) on property donated for purposes of developing a minor league
professional baseball stadium; and
Whereas, 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 (50) years, the RDA operated,
managed and maintained the Diamond Stadium pursuant to various agreements, including a
Concession License Agreement, a License Agreement, and a Stadium Field and Maintenance
Agreement (collectively, “Stadium Operations Contracts”); and
Whereas, following the dissolution of the RDA, the Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore (“Successor Agency”) was been established to wind down
the affairs of the RDA in accordance with the California Health and Safety Code; and
Whereas, in 2012, the Successor Agency and the Oversight Board to the Successor Agency
(“Lake Elsinore Oversight Board”) approved the Stadium Interim Management Agreement dated
January 1, 2013 by and between the Successor Agency and the Lake Elsinore Storm LP (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 Diamond Stadium and following such approval by the Lake
Elsinore Oversight Board and the Successor Agency, the Interim Agreement was submitted to
and approved by the State Department of Finance (“DOF”); and
Whereas, in 2013, the Successor Agency and the Lake Elsinore Oversight Board approved the
First Amendment to Stadium Interim Management Agreement dated January 1, 2014 by and
between the Successor Agency and the Lake Elsinore Storm LP (the “First Amendment”) and
following such approval by the Lake Elsinore Oversight Board and the Successor Agency, the
First Amendment was submitted to and approved by the DOF; and
Whereas, in 2014, the Successor Agency and the Lake Elsinore Oversight Board approved the
Second Amendment to Stadium Interim Management Agreement dated January 1, 2015 by and
between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and
the Lake Elsinore Storm LP (the “Second Amendment”) and following such approval by the
Lake Elsinore Oversight Board and the Successor Agency, the Second Amendment was
submitted to and approved by the DOF; and
Reso No. SA-2025-0
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Whereas, in 2015, the Successor Agency and the Lake Elsinore Oversight Board approved the
Third Amendment to Stadium Interim Management Agreement dated January 1, 2016 by and
between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and
the Lake Elsinore Storm LP (the “Third Amendment”) and following such approval by the Lake
Elsinore Oversight Board and the Successor Agency, the Third Amendment was submitted to
and approved by the DOF; and
Whereas, in 2016, the Successor Agency and the Lake Elsinore Oversight Board approved the
Fourth Amendment to Stadium Interim Management Agreement dated January 1, 2017 by and
between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and
the Lake Elsinore Storm LP (the “Fourth Amendment”) and following such approval by the Lake
Elsinore Oversight Board and the Successor Agency, the Fourth Amendment was submitted to
and approved by the DOF; and
Whereas, in 2018, the Successor Agency and the Lake Elsinore Oversight Board approved the
Restated Fifth Amendment to Stadium Interim Management Agreement dated May 8, 2018 by
and between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore
and the Lake Elsinore Storm LP and the Extension to Restated Fifth Amendment dated June
26, 2018 (collectively, the “Fifth Amendment”) and following such approvals by the Lake
Elsinore Oversight Board and the Successor Agency, the Fifth Amendment was submitted to
and approved by the DOF; and
Whereas, in 2019, the Successor Agency and the Riverside County Oversight Board approved
the Sixth Amendment to Stadium Interim Management Agreement dated January 8, 2019 by
and between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore
and the Lake Elsinore Storm LP (the “Sixth Amendment”) and following such approval by the
Riverside County Oversight Board and the Successor Agency, the Sixth Amendment was
submitted to and approved by the DOF; and
Whereas, in 2020 and 2021, the Successor Agency and the Riverside County Oversight Board
approved the Seventh Amendment to Stadium Interim Management Agreement dated January
14, 2020 and the Amended and Restated Seventh Amendment dated January 12, 2021 by and
between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and
the Lake Elsinore Storm LP (collectively, the “Seventh Amendment”) and following such
approval by the Riverside County Oversight Board and the Successor Agency, the Amendments
were submitted to and approved by the DOF; and
Whereas, in 2022, the Successor Agency and the Riverside County Oversight Board approved
the Eighth Amendment to Stadium Interim Management Agreement dated January 11, 2022
and the First Amendment to the Eighth Amendment to Stadium Interim Management Agreement
dated September 13, 2022 by and between the Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore and the Lake Elsinore Storm LP (collectively, the “Eighth
Amendment”) and following such approval by the Riverside County Oversight Board and the
Successor Agency, the Amendments were submitted to and approved by the DOF; and
Whereas, in 2023, the Successor Agency and the Riverside County Oversight Board approved
the Ninth Amendment to Stadium Interim Management Agreement dated January 10, 2023 by
and between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore
and the Lake Elsinore Storm LP (the “Ninth Amendment”) and following such approval by the
Reso No. SA-2025-0
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Riverside County Oversight Board and the Successor Agency, the Ninth Amendment was
submitted to and approved by the DOF; and
Whereas, in 2024, the Successor Agency and the Riverside County Oversight Board approved
the Tenth Amendment to Stadium Interim Management Agreement dated January 18, 2024 by
and between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore
and the Lake Elsinore Storm LP (the “Tenth Amendment”) and following such approval by the
Riverside County Oversight Board and the Successor Agency, the Tenth Amendment was
submitted to and approved by the DOF; and
Whereas, the Interim Agreement and the First, Second, Third, Fourth, Fifth, Sixth, Seventh,
Eighth, Ninth and Tenth Amendments have been successfully implemented to provide for
efficient and cost effective management, maintenance and operation of the Diamond Stadium
but, absent an extension of the Eleventh Amendment, the Interim Agreement will expire on
September 30, 2025; and
Whereas, consistent with the legislative authorization contained in AB 1484 and SB 107
allowing successor agencies to enter into enforceable obligations for the purpose of maintaining
the assets of the former redevelopment agency and implementing enforceable obligations
pursuant to underlying contracts and agreements, the Successor Agency seeks to provide for
the continued, efficient and cost effective management, maintenance and operation of the
Stadium and to retain the Storm to carry out such continuing obligations on an interim basis for
in accordance with the proposed Eleventh Amendment to Stadium Interim Management
Agreement (“Eleventh Amendment”); and
Whereas, a Third Amendment to the Concession License Agreement is necessary to conform
to California Department of Alcoholic Beverage Control (“ABC”) regulations by implementing a
flat Concession Fee to replace the percentage Concession Fee and to align the concession
license granted to the Concessionaire with the boundaries of the ABC licenses held by Golden
State; and
Whereas, pursuant to Health and Safety Code Section 34177(o)(1) a “Recognized Obligation
Payment Schedule” that lists all obligations of the former redevelopment agency that are
enforceable within the meaning of subdivision (d) of Section 34167 for the period commencing
July 1, 2025 – June 30, 2026 (the “ROPS 25-26”) which lists, among other things, as
enforceable obligations of the Successor Agency, the following obligations related to the Lake
Elsinore Diamond Stadium (the “Stadium”): (i) License Agreement; (ii) Maintenance Agreement;
(iii) Concession Agreement; (iv) Stadium operations and maintenance obligations, and (v) the
Interim Agreement (as amended) has been prepared for approval by the Successor Agency on
January 14, 2025 and the Oversight Board on January 16, 2025 and subsequent ROPS will be
similarly prepared throughout the term of the Stadium Operations Contracts.
NOW, THEREFORE, THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1.The Recitals set forth above are true and correct and incorporated herein by
reference.
Section 2.Based on the information presented in the staff report and testimony received,
the Successor Agency finds (i) i) that the proposed Third Amendment to Concession License
Reso No. SA-2025-0
Page 4 of 5
Agreement and the proposed Eleventh Amendment to the Stadium Interim Management
Agreement are reasonable and necessary to satisfy the Successor Agency’s contractual
obligations under the Stadium Operations Contracts and to protect and maintain the assets of
the former Redevelopment Agency and conform to state law and regulations, (ii) that Real
Property Tax Trust Fund (RPTTF) revenues requested by the Successor Agency in the ROPS
25-26 includes funds necessary to meet the Successor Agency’s enforceable obligations, and
(iii) that the Third Amendment to the Concession License Agreement is in the best interests of
the taxing entities as necessary to conform to ABC regulations and the Eleventh Amendment to
the Stadium Interim Management Agreement is in the best interests of the taxing entities
because the Storm’s skills, knowledge and resources will provide continued, efficient and cost
effective management, maintenance and operation of the Diamond Stadium which will protect
the public’s investment in the Stadium, minimize costs and mitigate against potential breach of
contract and related damages.
Section 3.Based on the above findings, the Successor Agency approves the Third
Amendment to Concession License Agreement between the Successor Agency and Golden
State Concessions and Catering, Inc. (“Third Amendment”) and the Eleventh Amendment to the
Stadium Interim Management Agreement between the Successor Agency and the Lake Elsinore
Storm LP (“Eleventh Amendment”) in substantially the forms attached and authorizes and
directs the Executive Director to execute the Third Amendment and the Eleventh Amendment in
such final form as approved by Successor Agency Counsel and submitted to and approved by
the Riverside Countywide Oversight Board. The Executive Director is further authorized to
execute such other documents as necessary to implement the Third Amendment and the
Eleventh Amendment as approved by Agency Counsel.
Section 4.If any provision of this Resolution or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications of
this Resolution which can be given effect without the invalid provision or application, and to this
end the provisions of this resolution are severable. The Successor Agency hereby declares that
it would have adopted this Resolution irrespective of the invalidity of any particular portion
thereof.
Section 5.This Resolution shall take effect from and after the date of its passage and
adoption in accordance with, and subject to, all applicable requirements of the Health & Safety
Code.
Passed, Approved and Adopted by the Successor Agency of the Redevelopment Agency of
the City of Lake Elsinore, California, this 14th day of January, 2025.
Brian Tisdale, Chair
ATTEST:
Candice Alvarez, MMC
Agency Secretary
Reso No. SA-2025-0
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, Secretary of the Successor Agency of the Redevelopment Agency of the
City of Lake Elsinore, California, hereby certify that Resolution No. SA-2025- 0 was adopted
by the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore at a
Regular meeting held on the 14th day of January, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Candice Alvarez, Agency Secretary
THIRD AMENDMENT TO
CONCESSION LICENSE AGREEMENT
This THIRD AMENDMENT TO CONCESSION LICENSE AGREEMENT
(this “Third Amendment”), dated for identification purposes as of January 14, 2025, is
made by and between the SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE, a public body corporate and politic
(“Successor Agency”), and GOLDEN STATE CONCESSIONS AND CATERING,
INC., a California corporation (“Concessionaire”) with regard to the following:
RECITALS
The following Recitals are a substantive part of this Third Amendment:
A. Prior to February 1, 2012, the Redevelopment Agency of the City of Lake
Elsinore (“Dissolved Agency”) was a community redevelopment agency duly organized
and existing under the California Community Redevelopment Law (commencing at
Section 33000 of the California Health and Safety Code) and authorized to exercise the
powers of a redevelopment agency pursuant to action of the City Council of the City of
Lake Elsinore.
B. Prior to February 1, 2012, the Dissolved Agency developed a minor
league baseball stadium, baseball field, parking and related facilities commonly known as
the “Lake Elsinore Diamond” on land owned by the Redevelopment Agency
(collectively, the “Site”) and was engaged in the operations, maintenance and
management of the Site and related activities necessary and appropriate to carry out the
redevelopment plan (“Redevelopment Plan”) for the Rancho Laguna Project Area No. 3
(“Redevelopment Project”), which was adopted by the City Council of the City of Lake
Elsinore pursuant to Ordinance No. 815 on September 8, 1987, and thereafter amended
by Ordinance No. 987 on November 22, 1994, Ordinance No. 1249 on February 26, 2008
and Ordinance No. 1262 on April 28, 2009. The Site is depicted on the Site
Map/Diagram of Licensed Area attached as Exhibit “A” hereto and incorporated by
reference herein.
C. The Dissolved Agency and Concessionaire entered into that certain
Concession License Agreement dated January 30, 2002 providing for concessions
operations and food and beverage service and use of concessions facilities at the Site. As
of November 1, 2002, the Concession License Agreement was amended to bring the
Concession License Agreement into conformance with regulations promulgated by the
Department of Alcohol and Beverage Control of the Business, Transportation and
Housing Agency of the State of California (“First Amendment”). The term of the
Concession License Agreement was extended by that certain Attornment and Second
Amendment to Concession License Agreement dated July 15, 2007 (“Second
Amendment”). The Concession License Agreement, as amended by the First Amendment
and the Second Amendment are referred to herein as the “Concession Agreement.”
D. On December 29, 2011 in the petition California Redevelopment
Association v. Matosantos (Case No. S194861), the California Supreme Court upheld
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Assembly Bill X1 26 that added Parts 1.8 and 1.85 to Division 24 of the Health and
Safety Code (“Dissolution Act”), which laws caused the dissolution of all redevelopment
agencies in California as of February 1, 2012.
E. By the adoption of its Resolution No. 2012-001 on January 10, 2012, the
City Council of the City of Lake Elsinore elected to have the City serve as the successor
agency to the Dissolved Agency under the Dissolution Act.
F. Effective February 1, 2012, all assets, properties, contracts, leases, books
and records, buildings, and equipment of the Dissolved Agency were transferred to the
control of the Successor Agency, for administration pursuant to the provisions of the
Dissolution Act.
G. As of February 1, 2012, the Successor Agency became the owner of Site
and the successor in interest to the Concession Agreement and all agreements governing
the use, maintenance and operation of the Site, collectively referred to as the “Stadium
Operations Contracts.”
H. As part of the Fiscal Year 2012-13 State budget package, on June 27,
2012, the California State Legislature passed, and the Governor signed, Assembly Bill
1484 (“AB 1484”), which established a schedule for adoption of a Recognized Obligation
Payment Schedule for the period from January 1, 2013 through June 30, 2013 (herein
referred to as the “Third ROPS”) and for all subsequent Recognized Obligation Payment
Schedules. AB 1484 also expanded the review period and authority of the Department of
Finance (“DOF”) to review and approve Recognized Obligation Payment Schedules and
to make its determination “of the enforceable obligations and the amounts of funding
sources of the enforceable obligations” listed thereon.
I. On August 28, 2012, the Successor Agency adopted the Third ROPS
which listed, among other enforceable obligations of the Successor Agency, the
obligations under Stadium Operations Contracts (including the Concession Agreement)
and a Stadium Interim Management Agreement. The obligations under the Stadium
Operations Contracts (including the Concession Agreement) were incorporated by
reference and implemented in the Stadium Interim Management Agreement.
J. The Concession License Agreement and the other Stadium Operations
Contracts as incorporated in the Stadium Interim Management Agreement and
amendments thereto have been approved by the Oversight Board of the Dissolved
Agency, the Riverside Countywide Oversight Board, and the DOF in the Third ROPS
and each successive ROPS through to and including the ROPS 24-25.
K. The Successor Agency and the Concessionaire now desire to amend the
Concession Agreement to implement a flat Concession Fee to replace the percentage
Concession Fee in conformance with California Department of Alcoholic Beverage
Control (“ABC”) regulations and to align the concession license granted hereunder with
the ABC licenses held by the Concessionaire all in furtherance of the performance by the
Successor Agency under the Dissolution Act and the purpose of the Stadium Interim
Management Agreement.
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temp_31958C.doc
L. Capitalized terms used herein which are not otherwise defined herein shall
have the meaning ascribed to them in the Concession Agreement.
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. Section 3, entitled “Concession Services at the Site” is amended as
follows:
3.1 The Stadium.Subject to the terms and conditions of this
Concession Agreement and the Type 47 ABC License held by the Concessionaire,
Concessionaire shall have the exclusive right and obligation throughout the Term
of this Concession Agreement to provide Refreshments in the Licensed Area for
the Type 47 ABC License as depicted on the Diagram attached hereto as Exhibit
“A” and incorporated by reference herein. Notwithstanding the foregoing, the
parties may agree to allow a third party concessionaire to sell Refreshments in the
Stadium during Other Stadium Events subject to applicable ABC regulations and
compliance with the provisions of Section 3.5 below.
3.2 Diamond Club.Subject to the terms and conditions of this
Concession Agreement and the Type 23 ABC License held by the Concessionaire,
Concessionaire shall have the exclusive right and obligation throughout the Term
of this Concession Agreement to provide Refreshments in the Diamond Club
(now known as the Diamond Tap Room) as depicted as the Licensed Area for the
Type 23 ABC License delineated on the Diagram attached hereto as Exhibit “A”
and incorporated by reference herein.
3.3 Parking Lot.
(a) Exclusive Caterer for Storm Games and Other Storm Events.
Subject to the terms and conditions of this Concession Agreement,
Concessionaire shall have the exclusive right to sell Refreshments, excluding the
sale of alcoholic beverages, in the Parking Lot during Storm Games and Other
Storm Events. Notwithstanding the foregoing, this provision is not intended to
prevent “tailgating” or similar activities by patrons at the Site. In the event
Concessionaire seeks to sell alcoholic beverages in the Parking Lot during Storm
Games or Other Storm Events, Concessionaire shall obtain ABC approval of a
Type 77 Event Permit or other ABC approval to expand the boundaries of the
Concessionaire’s Type 47 License in addition to approval by the City, County
Department of Public Health or any other required approval. Concessionaire will
obtain written consent from the Agency Executive Director prior to any and all
submittals to ABC.
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(b) Non-Exclusive Caterer for Other Stadium Events.
Concessionaire shall not have exclusive right to sell Refreshments in the parking
lot for Other Stadium Events. Upon the mutual consent of the parties and subject
to ABC approval of a Type 77 Event Permit or other ABC approval to expand the
boundaries of the Concessionaire’s Type 47 License in addition to approval by the
City, County Department of Public Health or any other required approval on an
event by event basis, the Successor Agency may grant Concessionaire a non-
exclusive right to provide Refreshments in the Parking Lot during Other Stadium
Events.
3.4 Playing Field.Concessionaire shall not have exclusive
right to sell Refreshments on the field for Other Stadium Events. Upon the mutual
consent of the parties and subject to ABC approval of a Type 77 Event Permit or other
ABC approval to expand the boundaries of the Concessionaire’s Type 47 License in
addition to approval by the City, County Department of Public Health or any other
required approval on an event by event basis, the Successor Agency may grant
Concessionaire a non-exclusive right to sell Refreshments on the playing field during
Other Stadium Events. The parties acknowledge that use of the field for Other Stadium
Events shall be consistent with the requirements of baseball primacy during the baseball
season.
3.5 Third Party Concessionaires.If Concessionaire is not the
concessionaire for an Other Stadium Event, the third party concessionaire will comply
with all applicable state and local ABC, public health and special event/land use
regulatory requirements. If Concessionaire is the concessionaire, the Successor
Agency/City and Concessionaire will negotiate in good faith to define the terms of those
concession services.
3.6 Event Scheduling.The concession rights provided to
Concessionaire by this Concession Agreement do not include rights to schedule, book, or
reserve the Site or any portion thereof except in strict compliance with the scheduling
protocols outlined in the Stadium Interim Management Agreement.
2. Section 6, entitled “Concession Fee” is hereby amended and restated in
its entirety as follows:
6. Concession Fee.
6.1 Concession Fee Schedule.In consideration of the exclusive
rights granted herein to Concessionaire, Concessionaire shall pay the Successor
Agency a Concession Fee as follows:
(a)Thirty-Four Thousand Dollars ($34,000.00) for the term of the
Tenth Amendment to Stadium Interim Management Agreement
commencing October 1, 2024 through September 30, 2025;
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temp_31958C.doc
(b)Eighty-Four Thousand Dollars ($84,000.00) for the term of the
Eleventh Amendment to Stadium Interim Management Agreement
commencing October 1, 2025 through September 30, 2026; and
(c)Twenty-One Thousand Dollars for the remaining three month of
the Term of this Concession Agreement for the period commencing
October 1, 2026 through December 31, 2026.
6.2 Payment to the Successor Agency/Assignment of Concession
Fee. During the term of the Stadium Interim Management Agreement and in
accordance with Section 7.2(a) thereof, the Successor Agency will assign its right
to payment of the Concession Fee to the Storm. In the event of termination of the
Interim Stadium Management Agreement prior to the expiration of this
Concession Agreement, Concessionaire shall pay the Concession Fee, or prorata
portion thereof, to the Successor Agency within thirty (30) days of the date of
termination of the Stadium Interim Management Agreement.
6.3 Reporting Requirements and Good Faith Negotiations. Not
later than November 1, 2025, Concessionaire provide the Successor Agency with
the Gross Receipts Report for all Storm Games during the 2025 season and the
Monthly Reports and general ledger details for all concession revenues for the
2024 calendar year and a year to date for calendar year 2025 pursuant to the
requirements of Section 9.2 and 9.3 of this Concession Agreement. The reports
shall include all revenues and expenses from any and all sublet or license third
party vendor agreements. The Successor Agency and Concessionaire agree to use
this information to negotiate in good faith any adjustments to the Concession Fee
set forth in Section 6.1 and a Concession Fee in connection with a new
Concession License Agreement, if any, entered into between the Successor
Agency and the Concessionaire following the expiration of this Concession
Agreement.
3. Section 29 entitled “ABC Licenses” is added as follows:
Section 29. ABC Licenses.Throughout the Term of this
Concession Agreement, Concessionaire shall obtain and maintain all
necessary ABC Licenses in accordance with all applicable state law and
implementing regulations and shall comply with all conditions and
requirements thereof in the provision of Refreshments pursuant to the rights
and obligations of this Concession Agreement. Concessionaire acknowledges
the Site is publicly owned land subject to the provisions of Business and
Professions Code Section 23824 and shall cooperate with the Successor
Agency and ABC to ensure compliance therewith. In addition,
Concessionaire will submit a written proposal to the Successor Agency prior
to submittal to ABC to modify, expand or extinguish Concessionaire’s
existing Type 47 and/or Type 23 ABC Licenses or apply for a new ABC
License on the Site ensure compliance with all applicable laws and regulations
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temp_31958C.doc
regarding the interface between the Diamond Club (now known as the
Diamond Tap Room), the Speakeasy, and the brewery prior to commencing
beer manufacturing activities.
4. Authority; Priority of Amendment. This Third Amendment is
executed by the Parties’ authorized representatives. Except as expressly modified herein,
all of the terms of the Concession Agreement shall remain unchanged and in full force
and effect, and the Parties shall continue to fulfill their respective obligations under the
Concession Agreement as amended by this Third Amendment. To the extent of any
conflict between the terms of the Concession Agreement and the terms of this Third
Amendment, the terms of this Third Amendment shall control.
5. Captions. The captions appearing in this Third Amendment are for
convenience only and are not a part of this Third Amendment and do not in any way
limit, amplify, define, construe, or describe the scope or intent of the terms or provisions
of this Third Amendment.
6. Counterparts. This Third 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.
7. Effective Date. The effective date of this Third Amendment is January 1,
2025
[BALANCE OF PAGE LEFT INTENTIONALLY BLANK, SIGNATURES ON
FOLLOWING PAGE]
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temp_31958C.doc
IN WITNESS WHEREOF, the parties have executed this Third Amendment on
the respective dates set forth below.
GOLDEN STATES CONCESSIONS AND
CATERING, INC., a California corporation
DATED: __________, 2025 By:______________________________
Printed Name:_____________________
Its:______________________________
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE, a public body, corporate
and politic
DATED:_________, 2025 By:__________________________________
Jason Simpson, Executive Director
ATTEST:
________________________
Candice Alvarez, MMC,
Successor Agency Clerk
APPROVED AS TO FORM:
LEIBOLD, MCCLENDON & MANN, P.C.,
Successor Agency General Counsel
By: _________________________
Barbara Zeid Leibold
EXHIBIT “A”
temp_31958C.doc
EXHIBIT “A”
SITE MAP/DIAGRAM FOR LICENSED AREA
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ELEVENTH AMENDMENT TO STADIUM
INTERIM MANAGEMENT AGREEMENT
THIS ELEVENTH AMENDMENT TO STADIUM INTERIM MANAGEMENT
AGREEMENT (“Eleventh Amendment”), dated for identification as of January 14, 2025, 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 Eleventh 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 (50) 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.
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”).
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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. In order to provide for continued efficient and cost effective management,
maintenance and operation of the Premises for July 1, 2018 – June 30, 2019, the Successor
Agency and the Storm entered into that certain Restated Fifth Amendment (2018-2019) to
Stadium Interim Management Agreement dated May 8, 2018 (the “Fifth Amendment”).
K. In order to avoid significant uncertainty, disruption and potential financial
liabilities caused by the expiration of the Fifth Amendment in the middle of the 2019 baseball
season, the Successor Agency and Storm entered into that certain Extension to Restated Fifth
Amendment to Stadium Interim Management Agreement (“Extension”) dated June 26, 2018
which extended the term of the Fifth Amendment to September 30, 2019.
L. In order to provide for continued efficient and cost effective management,
maintenance and operation of the Premises for October 1, 2019 to September 30, 2020, the
Successor Agency and the Storm entered into that certain Sixth Amendment to Stadium Interim
Management Agreement dated January 8, 2019 (the “Sixth Amendment”).
M. In order to provide for continued efficient and cost effective management,
maintenance and operation of the Premises for October 1, 2020 to September 30, 2022, the
Successor Agency and the Storm entered into that certain Seventh Amendment to Stadium
Interim Management Agreement dated January 14, 2020 and the Amended and Restated Seventh
Amendment to Stadium Interim Management Agreement dated January 12, 2021 (collectively
the “Seventh Amendment”).
N. In order to provide for continued efficient and cost effective management,
maintenance and operation of the Premises for October 1, 2022 to September 30, 2023, the
Successor Agency and the Storm entered into that certain Eighth Amendment to Stadium Interim
Management Agreement dated January 11, 2022 and the First Amendment to the Eighth
Amendment to Stadium Interim Management Agreement dated September 13, 2022
(collectively, the “Eighth Amendment”).
O. In order to provide for continued efficient and cost effective management,
maintenance and operation of the Premises for October 1, 2023 to September 30, 2024, the
Successor Agency and the Storm entered into that certain Ninth Amendment to Stadium Interim
Management Agreement dated January 10, 2023 ( the “Ninth Amendment”).
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P. In order to provide for continued efficient and cost effective management,
maintenance and operation of the Premises for October 1, 2024 to September 30, 2025, the
Successor Agency and the Storm entered into that certain Tenth Amendment to Stadium Interim
Management Agreement dated January 9, 2024 ( the “Tenth Amendment”).
Q. The obligations set forth in the Interim Agreement and the First through Tenth
Amendments have been included in prior Recognized Obligation Payment Schedules (ROPS)
approved by the Successor Agency, the Oversight Board of the Successor Agency, the
Countywide Oversight Board for Riverside County (“Oversight Board”) and the Department of
Finance (“DOF”).
R. The 2020 and 2021 baseball seasons suffered tremendous challenges due to the
COVID-19 pandemic. The Minor League baseball 2020 season was cancelled, the 2021 season
modified and Stadium operations overall were significantly restricted. Major League Baseball
(MLB) engaged in a sweeping overhaul of the player development structure during the 2020 off-
season, eliminating the National Association of Professional Baseball Leagues (NAPBL) as the
governing structure and cutting approximately twenty-five percent (25%) of minor league
affiliates. Remaining affiliates, including the Storm, now contract directly with MLB under a
new Player Development License agreement aimed at modernizing facilities and improving
player training and logistics. In this restructure the Storm has been designated as a “Class A.”
S. The impacts of COVID-19, MLB’s restructuring in 2020, the revised operational
and capital requirements and facilities standards established by MLB in the Player Development
License, enhanced cleaning requirements, increases in minimum wage and persistent inflationary
pressures continue to affect Stadium operations. These impacts must be addressed in the
Stadium operations budget assumptions and projections for the continued efficient and cost
effective management, maintenance and operation of the Premises in accordance with the
Stadium Operations Contracts and the Interim Agreement. In order to provide certainty to the
Successor Agency and the Storm through the 2026 baseball season, the parties desire to enter
into this Eleventh Amendment.
T. The Stadium Operations Contracts and the covenants, conditions, restrictions and
reservations set forth in the Offer to Donate remain enforceable obligations within the meaning
of Health and Safety Code (“HSC”) Section 34171(d)(1)(E) and the Successor Agency seeks to
(1) provide for the continued efficient and cost effective management, maintenance and
operation of the Premises, and (2) retain the Storm, which possesses the experience and
qualifications to continue to carry out such obligations. Engagement of the Storm is necessary
and consistent with the legislative authorization contained in HSC Section 34171(d)(1)(F)
allowing successor agencies to enter into enforceable obligations for the purpose of maintaining
the assets of the former Redevelopment Agency and to ensure that the “Lake Elsinore Storm,”
owned by Storm LP, continues to play its home baseball games at the Stadium in accordance
with the Stadium Operations Contracts.
U. Capital Repairs to the Premises are necessary to protect the structural components
and operational systems of the thirty (30) year old Stadium and to protect the safety of the
players and the spectators consistent with applicable laws and regulations, including compliance
with Health & Safety Code, Fire Code, Building Code, ADA, mandatory recycling standards,
new MLB requirements for minor league facilities, audit standards, and emergency repairs. The
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Capital Repair schedule for the period commencing October 1, 2025 through September 30,
2026 (Exhibit “C”) includes these necessary improvements and repairs previously scheduled and
either underfunded due to increased costs or not completed to due to scheduling delays. The
Successor Agency is responsible for all Capital Repairs.
V. In accordance with HSC Section 34177(o)(1), the Successor Agency adopted and
submitted to DOF a Recognized Obligation Payment Schedule (“ROPS”) for the period from
July 1, 2025 through June 30, 2026 which includes the Successor Agency obligations set forth in
the Tenth Amendment and this Eleventh Amendment and lists, 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”);
(iv) Stadium operations and maintenance obligations; and
(v) the Interim Agreement.
W. 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.Business Plan. Not later than March 1 of each year during the Term, the Storm
shall submit to the Executive Director of the Successor Agency (“Executive Director”) a
Business Plan detailing the Storm’s operational and financial objectives for the Lake Elsinore
Diamond Stadium during the Term of this Interim Agreement, as amended, including the 2025
and 2026 baseball seasons. The Business Plan shall include (a) management and labor
requirements, (b) marketing and promotional objectives, including special events, advertising
and cross-marketing efforts, (c) a COVID-19 Readiness Plan and proposals to improve general
maintenance and efficiencies which may include updated and revised Maintenance Schedules for
all areas of the Premises, including the concourse, snack bar and concession areas, outdoor
landscaping and trash enclosures, (d) license, permit or other approval applications or renewals,
if any, and (e) other relevant data or information relating to the performance by the Storm of its
obligations under the Interim Agreement as amended.
2.Maintenance. Section 2.1 of the Interim Agreement, entitled “Maintenance” is
hereby amended and restated in its entirety as follows:
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2.1 Maintenance
(a) Maintenance Standards. The Storm shall be solely responsible for
complying with the Maintenance Standards (Exhibit “B”) and shall comply with
all applicable MLB maintenance standards and protocols as set forth in the Player
Development License and all applicable federal, state and local requirements
(including guidelines issued by the Center for Disease Control and the Riverside
County Public Health Department) relating to COVID-19 or other public health
concern. Subject to the Successor Agency’s obligations herein with respect to
Capital Repairs, the Storm shall take all additional necessary actions to maintain
the Premises and all components thereof, of whatever kind or nature, to keep the
Premises in a first class condition and a good state of appearance and repair,
ordinary wear and tear excepted.
(b) Revised Maintenance Standards. The Maintenance Standards (Exhibit
“B”) are comprised of several distinct schedules that have been complied over
many years. The Successor Agency and the Storm agree to work together in good
faith to prepare an updated comprehensive schedule of maintenance standards
designed to maintain the Premises and the Stadium as a first class facility. A third
party facilities consultant may be engaged to assist in this regard. Once
completed, the updated Maintenance Standards will be attached hereto and
replace Exhibit “B”.
(c) Exterior Maintenance. Due to limited staffing and resource challenges,
the Storm has been unable to perform exterior maintenance services consistent
with a first class facility and the Maintenance Standards. To address this
deficiency, the Successor Agency has engaged professional tree trimming and
landscape contractors to perform essential landscape and general maintenance
services on the exterior of the Premises, including the parking lots, planter area,
and the areas (including the slopes) behind the outfield fences. In addition, City
public works staff are available on-call as needed in special circumstances to
ensure the Premises are maintained in accordance with this Agreement. The
Successor Agency shall invoice the Storm for the actual costs of maintenance
services and the Storm shall promptly reimburse the Successor Agency for those
costs. Storm reimbursement for the Agency’s maintenance costs shall be paid to
the Successor Agency not later than fifteen (15) days from the date of invoice.
3.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; Facilities Inspections & Budget.
(a) Quarterly Meetings. As often as necessary, but in no event less
than one time per quarter during the Term, two representatives of the Storm,
including the General Manager, or designee, and two representatives of the
Successor Agency, including the Executive Director, or designee, shall meet at a
mutually agreed upon time and place in order to discuss the condition of the
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Stadium and the Storm’s performance of its obligations in accordance with this
Agreement and any other applicable issues.
(b) Periodic Inspections. As often as necessary, but in no event less
than one time during the Term, the Successor Agency shall engage a third party
inspector to inspect the Premises and evaluate the condition of the capital
facilities as well as the general maintenance of the Premises. The Executive
Director shall provide the General Manager not less than fifteen (15) days prior
notice of the third-party inspection(s). Capital facility repair needs identified by
the third party inspector shall be incorporated into the Schedule of Capital Repairs
pursuant to Section 2.4(c). Maintenance deficiencies identified by the third party
inspector shall be remedied by the Storm as necessary to keep the Premises in a
first class condition and a good state of appearance and repair consistent with the
Maintenance Standards and as required by this Interim Agreement. Failure by the
Storm to remedy maintenance deficiencies identified by the third party inspector
shall be a Default pursuant to Section 19.1 of this Interim Agreement.
(c) Annual Facilities Inspections & Budget. Not later than
September 30 of each year during the Term, two representatives of the Storm,
including the General Manager, or designee, and two representatives of the
Successor Agency, including 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 October 1 – September 30 period to assess operational
efficiencies. Prior to November 1, 2025, 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 October 1, 2026 – September 30, 2027.
4.Utilities. Section 5 of the Interim Agreement, entitled “Utilities” is hereby
amended and restated in its entirety as follows:
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(c) 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).
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5.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, shall expire September 30, 2026.
6.2. Rights of Termination.
(a) September 30, 2025 Termination. Successor Agency
may terminate this Interim Agreement effective as of September 30, 2025, by giving
written notice thereof to the Storm no later than June 30, 2025.
(b) 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.
(c) 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
Storms services rendered hereunder through the effective date of any such termination.
(d) Effect of Termination. Notwithstanding the termination
of this Interim Agreement pursuant to this Section 6.2, the provisions of the Stadium
Operations Contracts shall remain in full force and effect. In the event this Interim
Agreement expires or is terminated prior to the expiration or termination of the Stadium
Operations Contracts, then the Stadium Operations Agreements shall be enforceable in
accordance with their terms and the Parties thereto shall perform in accordance with their
respective rights and obligations.
6.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 MLB and shall have the right to use the Stadium for baseball
practices and workouts. Upon receipt from the MLB, each year during the Term, the
Storm will provide the Executive Director 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 MLB, and practices and workouts (collectively, the “Storm
Games”). Storm Games will be the first priority for the Master Calendar (defined
hereinbelow) of each annual term of the Interim Management Agreement.
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(b) Other Stadium Events. Subject to the terms and
conditions of this Interim Agreement, including the scheduling protocols set forth in
subsection (b)(i) hereinbelow, the Parties desire to promote the Stadium as an premier
entertainment venue to increase patronage and revenues to the Stadium. Pursuant to that
objective, the Storm and the Agency may use the Stadium or portions thereof for non-
baseball related exhibitions, ceremonies, concerts, civic events and festivals and other
events on dates which the Stadium is not otherwise in use for Storm Games or other
reserved uses and upon written approval by Successor Agency’s Executive Director, or
designee, which approval shall not be unreasonably withheld. The use of the Stadium or
any portion thereof, including without limitation the Stadium concourse, field, Diamond
Club (now known as the Diamond Taproom (“DTR”)), Speakeasy, and parking lots by
the Storm, the Successor Agency, third party promoters, or any combination thereof for
uses other than Storm Games are collectively referred to herein as “Other Stadium
Events.” The requirements of this Section 4.3 shall apply retroactively and shall govern
Stadium use pursuant to the terms of the Tenth Amendment commencing October 1,
2024 and on a going forward basis pursuant to this Eleventh Amendment.
i. Master Calendar. Subject to the baseball primacy
guidance of Section 4.3(a) above, the Agency Executive Director or designee shall
assume all rights and responsibilities for scheduling Other Stadium Events and shall
maintain a Master Calendar of all Storm Games and Other Stadium Events. In order to
avoid conflicting events and compatibility of multiple events on the same day, the
Agency Executive Director or designee will maintain open communications and will
consult with the Storm prior to scheduling any Other Stadium Events during the baseball
season so that the Parties can consider the scope of the event, the use of the Stadium and
any potential impacts on baseball operations and to provide sufficient time for Storm and
Agency and any third party promotor engaged by the Agency to agree to terms of the
Storm services to be provided, concessions operations, revenue sharing, and
Agency/promoter responsibilities.
ii. City/Agency Events. Other Stadium Events
sponsored by the Agency/City and its event partners will not be advertised any sooner
than 30 days after scheduling on the Master Calendar and notice to the Storm. Subject to
the terms agreed to by the Agency/City and its event partners, the Storm and/or GCSS
will be compensated reimbursed for services provided. Any third party promotor shall be
required to reimburse and indemnify Storm and the Agency/City for any damage caused
by the use of the Stadium for Other Stadium Events, provide the required insurance,
including naming the Agency/City and the Storm entities as additional insureds, and
abide by reasonable operating guidelines for use of Storm and/or Agency equipment and
facilities.
iii. Storm Events. The Storm will submit Other
Stadium Event requests on forms prescribed by the Successor Agency to the Executive
Director, or designee, including the proposed use, area of use, date(s), and anticipated
attendance. Requests shall be submitted at the earliest possible time to facilitate the
Successor Agency’s Master Calendar scheduling. Other Stadium Events may be reserved
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on the Master Calendar subject to issuance of any required permits or approvals,
including a City Special Events Permit, if applicable. The Storm will not advertise an
Other Stadium Events prior to approval by the Agency Executive Director or designee.
The Storm will also submit to the Agency Executive Director or designee the proposed
regular hours of operation of the DTR, any special events or performances therein and
any reserved functions and any changes thereto to be incorporated in the Master
Calendar.
iv. Lake Elsinore Diamond Stadium. All
promotional and marketing materials for all Storm Games and Other Stadium Events
shall include the name “Lake Elsinore Diamond Stadium.”
v. Special Event Permit. The Storm shall obtain a
Special Event Permit from the City of Lake Elsinore for Other Stadium Events that are
subject to the requirements of Chapter 5.108 of the Lake Elsinore Municipal Code, as
now exists or as may hereafter be amended. In compliance with the City’s Special Event
Permit requirements, the Storm shall submit an application not less than sixty (60) days
prior to the requested Other Stadium Event and shall comply with the Special Event
Permit Requirements (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. Concurrent with the
submittal of the special event application package to the City, the Storm shall notify the
Executive Director, or designee, in writing in accordance with Section 4.3(b)(iii) above,
including the proposed date and title of the Other Stadium Event and a
promotional/marketing plan demonstrating the anticipated attendance. At least two
representatives from the Storm and two representatives from the Agency/City shall attend
all special event planning meetings. The Parties agree that an Other Stadium Event may
include multiple consecutive or non-consecutive days as defined in a single Special
Events Permit.
vi. 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 Stadium 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.
vii. Quality Standards. The Storm shall conduct Other
Stadium Events in accordance with the highest standards for cleanliness and quality and
shall comply with all applicable terms and conditions of this Interim Agreement and the
Stadium Operations Contracts.
viii. Budget Report. Revenues and expenses for each
Other Stadium Event, including the compensation due to the Successor Agency pursuant
to Section 7.3, shall be reported in the annual report prepared in accordance with Section
2.4(c)(ii).
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(c) City/Agency Use. Subject to the scheduling protocols of
Section 4.3(b) above, the Successor Agency as owner of the Premises, for itself and on
behalf of the City of Lake Elsinore, reserves the right to use the Stadium or any portion
thereof, including without limitation the Agency Suite, Stadium concourse, field, DTR,
Speakeasy, and parking lots, for meetings, conferences, civic events, private party,
fundraising, educational or instructional events and presentations, concerts and
entertainment, and other events.
(d) Agency Suite. For all Storm Games and Other Stadium
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 Stadium 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.
7.Compensation. Section 7 of the Interim Agreement, entitled “Compensation,” is
hereby deleted in its entirety and replaced with the following:
7. Compensation
7.1. Stadium Operations Contracts 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 $638,598 for the
period commencing October 1, 2025 through September 30, 2026.
(b) Concessions Fee: Under the Concession Agreement, as
amended by the First through Third Amendments, the Storm’s affiliate, Golden State
Concessions and Catering, Inc. is required to pay Successor Agency Eighty-Four
Thousand Dollars ($84,000) pursuant to Section 6 thereof (the “Concession Fee.”) for the
period commencing October 1, 2025 through September 30, 2026.
(c) Annual Maintenance Fee: Under the Maintenance
Agreement, Successor Agency is required to pay Storm an Annual Maintenance Fee in
the amount of $302,851 for the period commencing October 1, 2025 through September
30, 2026.
7.2. Compensation Due to Storm. Commencing upon the
Commencement Date (October 1, 2025), 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:
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(a) Assignment of Concession Fee. Successor Agency hereby
assigns Successor Agency’s right to payment of the Concession Fee under the
Concession Agreement to the Storm during the Term; 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 for the performance of the services hereunder; and
(c) Payment of Annual Maintenance Fee. Successor Agency
shall pay the Annual Maintenance Fee as identified in Section 7.1(c) (i.e., $302,851 for
the period commencing October 1, 2025 through September 30, 2026), which shall be
payable in equal monthly installments.
(d) Payment of Additional Interim Management Fee.
Successor Agency shall pay to Storm an “Additional Interim Management Fee” in the
amount of $916,664 for the period commencing October 1, 2025 through September 30,
2026, which shall be payable in equal monthly installments.
The Annual Maintenance Fee together with the Additional Interim
Management Fee will result in total cash payment from the Successor Agency to the
Storm of $1,219,515 for the period commencing October 1, 2025 through September 30,
2026 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 $101,626.25 for the period commencing October 1, 2025 through
September 30, 2026.
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 Interim Agreement for the efficient use and operation of the Stadium.
7.3. Compensation Due to Successor Agency for Storm Games and
Other Stadium Events. The Storm shall pay the Successor Agency an amount equal to
One Dollar ($1.00) per ticket for every ticket sold to Storm Games and Other Stadium
Events through its Ticketing Agreement dated November 30, 2023. Payment pursuant to
this Section 7.3 shall be made monthly or as otherwise agreed by the Executive Director
and shall be accompanied by a report of ticket sales for each Storm Game and Other
Stadium Event. The Successor Agency shall retain these funds for exclusive use by the
Agency to promote the Stadium as a premier special events venue and to offset the
increasing costs of capital repairs, maintenance, management and operation of the
Premises. The requirements of this Section 7.3 shall be retroactive to the Tenth
Amendment commencing October 1, 2024.
8.Capital Repairs. Section 8 of the Interim Agreement, entitled “Capital Repairs,”
is hereby deleted in its entirety and replaced with the following:
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8. Capital Repairs.
Capital Repairs shall be governed by the applicable provisions of the Stadium
Operations Contracts and as set forth herein. As defined in the Maintenance
Agreement, “Capital Repairs” means all activities, and the provision of all labor
and materials which are reasonably required to improve, repair, refurbish, modify,
restore and/or replace, when reasonably necessary, the Stadium, or portions or
components thereof, and the costs and expenses of which equal or exceed Five
Hundred Dollars ($500.00). Notwithstanding the foregoing, the term Capital
Repairs as used herein does not include the Storm’s responsibility for
maintenance and upkeep as set forth in Section 2 of this Interim Agreement and
the Maintenance Standards (Exhibit “B”).
A Capital Repair Schedule with estimated costs for the period commencing
October 1, 2025 through September 30, 2026 is set forth in Exhibit “C” attached
hereto and incorporated by reference herein. The Capital Repair Schedule is
intended to assist the Successor Agency in budgeting for Capital Repairs during
the Term, but does not limit the Successor Agency’s responsibilities under the
Stadium Operations Contracts. Upon receipt of real property tax trust funds for
Capital Repairs, the Executive Director shall, to the extent permitted by
applicable legal requirements, deposit those funds into a Capital Repair trust
account to be expended by the Successor Agency solely for purposes of satisfying
its Capital Repair obligations consistent with the Stadium Operations Contracts
and this Interim Agreement.
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 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.
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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.
9.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 Eleventh 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 Eleventh 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
Eleventh Amendment. To the extent of any conflict between the terms of the Interim Agreement
and the terms of this Eleventh Amendment, the terms of this Eleventh Amendment shall control.
11.Captions. The captions appearing in this Eleventh Amendment are for
convenience only and are not a part of this Eleventh Amendment and do not in any way limit,
amplify, define, construe, or describe the scope or intent of the terms or provisions of this
Eleventh Amendment.
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12.Counterparts. This Eleventh 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 Eleventh Amendment shall
commence on October 1, 2025 (the “Commencement Date”).
IN WITNESS WHEREOF, the parties have executed this ELEVENTH 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:
Jason Simpson, Executive Director
ATTEST:
SUCCESSOR AGENCY SECRETARY
By:
Candice Alvarez, 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
temp_A89792.doc
EXHIBIT “C”
EXHIBIT “C”
CAPITAL REPAIR SCHEDULE
OCTOBER 1, 2025 TO SEPTEMBER 30, 2026
DESCRIPTION ESTIMATED COST
Restroom plumbing (Concourse/ Suite Level)$ 225,000
Drought Resistant Landscape Replacement and Repair $166,850
Maintenance Equipment Replacement $ 100,000
Security System/Fire System $ 95,000
Maintenance Facility Replacement $ 450,000
ADA Ramp $ 100,000
Elevator Replacement $ 200,000
Locker Room Tile Replacement $ 13,500
Block Wall Capital Repair $ 180,000
Emergency Capital Repairs $ 175,000
Laundry Room Repair $ 50,000
Seal off the open attic in the entire stadium $ 350,000
The First Base Vending Room (walls, tile fix, ceiling)$ 20,000
Irrigation Capital Repairs $ 352,000
Suite Pantry & Walk In Cooler $ 40,000
Trash Enclosures $ 110,000
Fencing & Signage Capital Repairs $ 175,000
Visiting Locker Room Repair Shortfall $ 107, 800
TOTAL $2,910,150
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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, B & C.
b. Appropriate Staffing for parking fees and direction is required.
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 concession stands.
c. Have personnel ready to assist handicap patrons as needed.
3. Event Access:
a. Event access shall be coordinated with City Public Works Department Staff.
b. No modifications to dirt right of way are permitted (levee, Malaga Rd).
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 entry permission.
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 business licenses).
c. A minimum of an eight-foot aisle way shall be provided between concessions,
waste and sanitation facilities.
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 the City.
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.
6. Crowd Control:
a. All security officers must be crowd control trained.
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EXHIBIT “D”
7. Generators:
a. All liquid fuel generators shall have secondary containment and a spill kit located
within 100 feet of the secondary containment.
8. Amplified Sound & Noise Level:
a. Amplified sound, live music and performances are permitted during the event.
b. The Organizers shall not violate the City’s noise ordinance by disturbing the peace.
9. ABC Licensing and Permits:
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 to minors.
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 per sale.
iii. Alcohol sales to cease one (1) hour prior to end of event
10. Event Staffing:
a. Applicant will provide a detailed security plan indicating security staffing levels
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 Emergency Responders:
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 evacuation arises.
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.
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.
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EXHIBIT “D”
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 secondary containment.
b. Provide sufficient # of portable toilets (regular and ADA accessible) for
anticipated event turnout. Contact your rental source for guidance.
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 and D).
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/Lake area.
d. Best Management Practices shall be implemented during clean-up; no discharge
into the Lake or City storm drain system is allowed.
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 Approval is
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
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 be protected.
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EXHIBIT “D”
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 the Stadium.
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 and initials)
□Payment of Event Fees
□Security Deposit (on-file)
□Vendor List
□Business License(s)
□Health Department Permit
□Insurance Documentation
□Fire Safety Plan
□Traffic Control Plan