HomeMy WebLinkAboutDuck Fest Storm Agreement Signed DocuSign Envelope ID: F382AF07-8E08-45DF-81 F2-3D024BDFCCF2
LAKE 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 4t"-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.
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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.
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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
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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
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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: "CITY" BY: "STORM"
City of Lake Elsinore LAKE ELSINORE STORM, LP.
130 S Main St 500 Diamond Drive
Lake Elsinore, CA 92530 Lake Elsinore, CA 92530
951.245.4487
DocuSigned by: DocuSigned by:
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Shannon Buckley, Assistant City Manager Shaun Brock
Shaun Brock
6/28/2024 1 1:20 PM PDT Print
Date CEO I GM 7/2/2024 9:06 AM PDT
Title / Date
DocuSign Envelope ID: F382AF07-8E08-45DF-81 F2-3D024BDFCCF2
EXHIBIT A
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EXPORT DATE & TIME : EXPORT REOU ESTED BY :
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■ Tent Blue (30) X Tent White - Dining Tent (1) ® Toilets (Temporary) (5)
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K E Y v i E w : Event Area
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Toilets (Temporary) (5)
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