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HomeMy WebLinkAboutLake Elsinore Storm Event Agreement Duck Festival Diamond Stadium Parking Lot 06-28-2024LAKE ELSINORE DIAMOND STADIUM EVENT AGREEMENT This EVENT AGREEMENT (hereinafter referred to as the "Agreement") is made effective this June 28, 2024 by and between the City of Lake Elsinore (hereinafter referred to as the "City") and Lake Elsinore Storm, LP. (hereinafter referred to as the "Storm"). City and Storm are collectively referred to herein as the “Parties”). RECITALS A. The Successor Agency of the Redevelopment Agency of the City of Lake Elsinore Agency”) is the owner of the Lake Elsinore Diamond Stadium, including Parking Lots A and B, located at 500 Diamond Drive, Lake Elsinore, California 92530. The Storm licenses the Stadium for baseball games and Other Storm Events and an affiliate of the Storm, Golden State Concessions and Catering, Inc., (“Golden State”), operates Stadium concessions for Storm Games and Other Storm Events. In addition, Agency contracts with the Storm to manage, maintain and operate the Stadium pursuant to and in accordance with the terms and conditions of that certain Stadium Interim Management Agreement dated as of January 1, 2013 as thereafter amended (“Interim Agreement”). B. Agency and City hold an easement in Parking Lot C to provide parking for the Stadium. C. Pursuant to the Interim Agreement. the Successor Agency, for itself and on behalf of the City, reserved the right to use the Stadium for Other Events. City desires to promote the Stadium as a recreation and entertainment venue and to promote community celebrations and events. In furtherance of those goals, the City is holding the Duck Festival (“Event”) to be held at the Lake Elsinore Diamond Stadium Parking Lots A, B and C, not including the player parking restricted area (hereinafter referred to as the "Event Venue”) on July 4th - 6th 2024 (“Event Dates”). NOW THEREFORE, based on the foregoing and in consideration of the respective covenants contained herein, the Parties hereto, intending to be legally bound hereby, agree as follows: 1.Storm Rights and Responsibilities. A. Event Venue. The Event Venue shall be delivered free of trash and debris and available for the exclusive use by the City and its vendors for the Event commencing on July 4, 2024 at 8:00 AM through July 6 at 12:00 midnight. The Event Venue Site Map is attached as Exhibit A. Storm shall not schedule any conflicting activity or event in the Event Venue during the Event Dates or in Parking Lot B1 during the early access period as described In Paragraph B, below. B. Venue Access. City shall have exclusive access to Parking Lot B1 commencing at 8:00 AM on July 1st to allow for logistics and loading in of the space to set up for the Event. Storm shall have full access to all other Stadium Parking Lot areas for visitor parking for the home game scheduled at the Stadium on July 3rd at 6:45 PM. DocuSign Envelope ID: F382AF07-8E08-45DF-81F2-3D024BDFCCF2 C. Lighting. Storm shall provide Event Venue lighting in all parking lot areas during the Event as specified by the City. Lighting in the Diamond Taproom and Stadium facility will be determined by the Storm as needed. D. Diamond Taproom. The Event Venue does not include the Stadium facility, including the Diamond Taproom. Storm may, but is not required, to operate the Diamond Taproom during all or any portion of the Event Dates. The Storm may restrict access to the Stadium to guests entering and utilizing the Diamond Taproom and deck area. Storm may have security posted to enforce the access restrictions to the Stadium. E. Marketing. Primary marketing is the responsibility of the City; provided, however, Storm will help promote as well including but not limited to the following: Eblasts thru existing Storm database & Graphics on Storm social media accounts. Artwork must be provided by City. 2. Concessions. Golden State Concessions and Catering, LLC. will be the sole provider for all alcohol sales and related staffing for the Diamond Taproom only. Golden State Concessions and Catering, LLC. will retain 100% of the revenue from all alcohol sales inside of its designated license area and all Diamond Taproom sales during the Event Dates if applicable. 3. City Rights and Responsibilities. A. Marketing, Promotion and Production. City will be responsible for marketing, promotion and production of the Event. B. Staffing. City will be responsible for all necessary Event staff (excluding the above provided Venue staffing responsibilities) including setup and removal. C. Food & Beverage (F&B) Vendors. City shall provide F&B staff in levels that will facilitate the guest needs for the Event. City shall require outside food and beverage vendors to comply with applicable Riverside Health Department requirements and any fees associated with the permits required are the responsibility of City. D. Equipment/Materials. City is responsible for equipment or materials required for the Event. This includes fencing, parking lot portable toilets, generators, waste containers, City stage, etc. E. Parking. City will staff all parking and retain 100% of parking revenues. F. Trash. City is responsible for all trash removal and shall leave the Event Venue clean and free of trash and debris at the conclusion of the Event. G. Parking Lot C. City shall remove all promotional vehicles from Lot C by 12:00 midnight July 6 to allow for the SCCA event scheduled for July 7, City acknowledges that failure to vacate Parking lot C as required herein will interfere with the operations of the SCCA event and City agrees to refund SCCA the amount paid to Storm for the July 7 event in the event of cancellation due to City’s failure to clear parking Lot C as required herein. DocuSign Envelope ID: F382AF07-8E08-45DF-81F2-3D024BDFCCF2 H. Sponsorship. City will retain 100% of all sponsorship revenue (if applicable). I. Security. City will provide necessary security staff and shall be financially responsible therefor. J. Portables. City is responsible for any portable toilets and wash stations required or otherwise needed. K. Lake Elsinore Sheriff. Police presence will be determined by the City and/or the Riverside County Sheriff’s Department. All associated fees will be the City's responsibility. L. Riverside County Fire. City shall comply with Riverside County Fire marshal conditions and shall be financially responsible for related fees. M. ADA. City is responsible for accommodating all ADA requirements. N. Damage. City is responsible for leaving Event Venue and any other associated property used in the condition it was in prior to the Event, normal wear and tear accepted. 4. Compensation. Except as provided in Section 3 G. relating to City’s obligation to refund SCCA in the event its July 7 event is cancelled because of City’s failure to remove Event vehicles from Parking Lot C, no compensation will be paid to the Strom in connection with the Event. Storm and Golder State have rights to concession revenues in the Diamond Taproom as set forth in Section 1.D. and Section 2. 5. Miscellaneous Provisions. A. Vendors. All vendors must comply with all regulations set forth by Riverside County Fire, City of Lake Elsinore Building and Safety Department, and Department of Environmental Health. The City will be responsible for damage caused by vendors and any materials, trash, and equipment left by vendors. City is also responsible for obtaining food & beverage permits from the Department of Environmental Health for any applicable vendor. B. Insurance. City is self-insured through its membership in the Southern California Joint Powers Insurance Authority which includes coverage for the Event. C. Indemnification. City shall hold harmless, indemnify and hereby releases Storm and all affiliated entities, including its managers, owners, partners, employees, agents, and contractors (“Storm Indemnitees”), from any cost, loss, claim or liability associated with the Event, including but not limited to the City responsibilities set forth herein, or any damage or injury caused to any person, the Stadium or any other property, including any third party claims, any governmental fees or fines imposed or assessed in connection with the Event, and any violations of any laws in connection with the Event along with reasonable attorneys’ fees and costs incurred by the Storm Indemnitees, except for any DocuSign Envelope ID: F382AF07-8E08-45DF-81F2-3D024BDFCCF2 claims arising out of the breach by Storm of its obligations under this Agreement or the active negligence or willful misconduct of any of the Storm Indemnitees. Storm shall hold harmless, indemnify and hereby releases City and all affiliated entities, including its elected and appointed officials, employees, vendors, agents, and contractors (“City Indemnitees”), from any cost, loss, claim or liability associated with the Storm responsibilities set forth herein and the operation of the Diamond Taproom and Stadium facility during the Event, including but not limited to any damage or injury caused to any person, the Stadium or any other property, including any third party claims, any governmental fees or fines imposed or assessed in connection with the performance of the Storm responsibilities and operation of the Diamond Taproom and Stadium facility during the Event, and any violations of any laws in connection therewith along with reasonable attorneys’ fees and costs incurred by the City Indemnitees, except for any claims arising out of the breach by City of its obligations under this Agreement or the active negligence or willful misconduct of any of the City Indemnitees. D. Term of Agreement. The term of this Agreement shall commence upon execution by the Parties and expire midnight July 6, 2024; provided, however, all provisions of this Agreement and the Parties' obligations hereunder shall survive the termination of the term of this Agreement. E. Load-In. A plan for load in, set up, staging and related logistical requirements will be discussed and agreed upon by both Parties. F. Load-Out. As part of the Load-Out and clean-up procedures, City agrees to remove and properly dispose of all materials brought into the Event Venue by City by the end of Event teardown. G. Governing Law. This Agreement is entered into in the City of Lake Elsinore and State of California and is guided by and governed by the laws of California. H. Arbitration Clause. If any dispute arises under this Agreement, or between the parties to this agreement over the subject matter of this agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed upon mediator. The cost of the mediator shall be shared equally by the parties, but each party shall bear its own legal fees and costs. If no resolution is reached in mediation, the parties agree to submit the dispute to binding arbitration in Riverside County, California, conducted on a confidential basis by one arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award from such arbitration shall include a written determination of the arbitrator's decision. Either party may request that the AAA select an arbitrator from its regular panel who is experienced in event production and entertainment law, but such request shall not delay the proceeding or cause the AAA to seek an arbitrator from outside its usual sources. An award in arbitration shall be final and binding on the parties and may be confirmed in any court of competent jurisdiction. The parties shall, in the first instance, share equally the expenses of the arbitration, but shall bear their own legal fees and costs. The arbitrator shall have the power to order the non-prevailing party to DocuSign Envelope ID: F382AF07-8E08-45DF-81F2-3D024BDFCCF2 compensate the prevailing party for its share of the arbitration fees, but not for legal fees, expenses or costs. I. Force Majeure. Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes which events and/or circumstances are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy; provided that the parties stipulate that Force Majeure shall include the novel coronavirus Covid-19 pandemic which is ongoing as of the date of the execution of this agreement. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in the market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder. Should mandates change in regard to Covid-19, both parties will make every effort to reschedule and rectify. If this is not possible, the City is due 100% of their deposit and 100% of funds paid beyond the initial deposit. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. AGREED TO AND ACCEPTED: BY: "STORM" LAKE ELSINORE STORM, LP. 500 Diamond Drive Lake Elsinore, CA 92530 951.245.4487 Shaun Brock Print Title / Date BY: "CITY" City of Lake Elsinore 130 S Main St Lake Elsinore, CA 92530 Shannon Buckley, Assistant City Manager Date DocuSign Envelope ID: F382AF07-8E08-45DF-81F2-3D024BDFCCF2 6/28/2024 | 1:20 PM PDT CEO | GM Shaun Brock 7/2/2024 | 9:06 AM PDT EXHIBIT A DocuSign Envelope ID: F382AF07-8E08-45DF-81F2-3D024BDFCCF2 Designed with OnePlan © 2022 P R E S E N TAT I O N E X P O R T E V E N T NAM E : S T O R Y B O A R D NAM E : E V E N T L O C A T I O N : E X P O R T D A T E & T I M E :E X P O R T R E Q UES T E D B Y : story-2 500 Diamond Drive, Lake Elsinore, CA, USA 26/Jun/24 at 17:47 sbrock@stormbaseball.com Duck Festival DocuSign Envelope ID: F382AF07-8E08-45DF-81F2-3D024BDFCCF2 V I E W : Event Name Storyboard Name EventLocationPresentationExport View name-1 Duck Festival story-2 500 Diamond Drive, Lake Elsinore, CA, USA Designed with OnePlan 2024 1mi (~1:4568) DocuSign Envelope ID: F382AF07-8E08-45DF-81F2-3D024BDFCCF2 Accessible Parking - ADA (1)Area Block Red - Player/ GSCC Parking (1)Area Block Sky Blue - Lot B (1) Area Green - Concert Viewing (1)Area Grey - DTR/ GSCC Area (1)Area Orange - Jeep Showroom (1) Area Yellow - Kids Area (1)Beer (2)Circle Yellow - Baby Duck (1) Circle Yellow - Duck (1)Cocktail Bar (1)Concrete Barrier (1) Crowd Barriers 2.2m (6)Crowd Barriers 2.35m (1)Food Trailer - Water/ Pizza (1) Food Truck (opening right) (6)Large Screen - DTR VB (1)Medical Station (1) Parking Area Brown - Lot A Parking (1)Parking Area Yellow - Parking Lot C (1)Road Closed 7001.1.a (1) Route Pedestrian Option 1 Lime (1)Security (4)Stage - Stage (1) Tent Blue (30)Tent White - Dining Tent (1)Toilets (Temporary) (5) K E Y Event Name Storyboard Name EventLocationPresentationExport V I E W :View name-1 Duck Festival story-2 500 Diamond Drive, Lake Elsinore, CA, USA Designed with OnePlan 2024 DocuSign Envelope ID: F382AF07-8E08-45DF-81F2-3D024BDFCCF2 V I E W : Event Name Storyboard Name EventLocationPresentationExport Event Area Duck Festival story-2 500 Diamond Drive, Lake Elsinore, CA, USA Designed with OnePlan 2024 100m (~1:1417) DocuSign Envelope ID: F382AF07-8E08-45DF-81F2-3D024BDFCCF2 Accessible Parking - ADA (1)Area Block Sky Blue - Lot B (1)Area Green - Concert Viewing (1) Area Grey - DTR/ GSCC Area (1)Area Orange - Jeep Showroom (1)Area Yellow - Kids Area (1) Beer (2)Circle Yellow - Baby Duck (1)Circle Yellow - Duck (1) Cocktail Bar (1)Concrete Barrier (1)Crowd Barriers 2.2m (6) Crowd Barriers 2.35m (1)Food Trailer - Water/ Pizza (1)Food Truck (opening right) (6) Large Screen - DTR VB (1)Medical Station (1)Security (4) Stage - Stage (1)Tent Blue (30)Tent White - Dining Tent (1) Toilets (Temporary) (5) K E Y Event Name Storyboard Name EventLocationPresentationExport V I E W :Event Area Duck Festival story-2 500 Diamond Drive, Lake Elsinore, CA, USA Designed with OnePlan 2024 DocuSign Envelope ID: F382AF07-8E08-45DF-81F2-3D024BDFCCF2 Certificate Of Completion Envelope Id: F382AF078E0845DF81F23D024BDFCCF2 Status: Completed Subject: Duck Fest Agreement V2 Source Envelope: Document Pages: 11 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Johanna Lopez AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 130 S. Main Street Lake Elsinore, CA 92530 jlopez@Lake-Elsinore.org IP Address: 47.180.22.242 Record Tracking Status: Original 6/28/2024 1:00:00 PM Holder: Johanna Lopez jlopez@Lake-Elsinore.org Location: DocuSign Signer Events Signature Timestamp Shannon Buckley sbuckley@lake-elsinore.org Assistant City Manager Security Level: Email, Account Authentication None)Signature Adoption: Pre-selected Style Using IP Address: 47.180.22.242 Sent: 6/28/2024 1:03:42 PM Viewed: 6/28/2024 1:19:54 PM Signed: 6/28/2024 1:20:10 PM Electronic Record and Signature Disclosure: Accepted: 6/28/2024 1:19:54 PM ID: e56de07b-dad9-4f87-9ab0-f9bc98f14aac Shaun Brock sbrock@stormbaseball.com CEO | GM Gscc Security Level: Email, Account Authentication None) Signature Adoption: Pre-selected Style Using IP Address: 166.199.151.46 Signed using mobile Sent: 6/28/2024 1:20:12 PM Viewed: 7/1/2024 10:03:55 AM Signed: 7/2/2024 9:06:43 AM Electronic Record and Signature Disclosure: Accepted: 5/23/2020 8:33:45 AM ID: 9d3affb0-396e-43bb-bd1c-b44af5d4cf2d In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Luz Reyes lreyes@lake-elsinore.org Deputy City Clerk City of Lake Elsinore Security Level: Email, Account Authentication None) Sent: 7/2/2024 9:06:43 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Jill Theriot jtheriot@lake-elsinore.org Administrative Assistant City of Lake Elsinore Security Level: Email, Account Authentication None) Sent: 7/2/2024 9:06:44 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/28/2024 1:03:42 PM Certified Delivered Security Checked 7/1/2024 10:03:55 AM Signing Complete Security Checked 7/2/2024 9:06:43 AM Completed Security Checked 7/2/2024 9:06:44 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, Carahsoft OBO City of Lake Elsinore (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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