HomeMy WebLinkAboutBullard Cal Ripken Baseball - Fig Garden Loop Park 4265 W Figarden Dr. - 2011CIh( Ci= FRESNO LICENSE AGREEMENT
City Clelk's O(lice tonpnal)
REGARDING Fig Garden Loop Park
This License Agreement ("Agreement") is entered into this 25th day of August 2011, by and between the CITY
OF FRESNO, CALIFORNIA, a municipal corporation, through its Parks, After-school, Recreation and
Community Service Department ("City"), and Bullard Cal Ripken Baseball, a California nonprofit corporation
("Bullard Cal Ripken").
WITNESS
WHEREAS, Bullard Cal Ripken operates a youth baseball league at Fig Garden Loop Park located at
4265 W. Figarden Drive, Fresno, California; and
WHEREAS, the City owns and operates Fig Garden Loop Park (the "Park"), as depicted on Exhibit "A"
hereto; and
WHEREAS, Bullard Cal Ripken desires to use the baseball field of the Park for games and practices
throughout the year, upon the terms and conditions set forth herein; and
WHEREAS, the City wishes to grant Bullard Cal Ripken permission to use the Park in exchange for
certain maintenance and improvements to the Park, upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the
mutual covenants herein contained and such other and further consideration as is hereby acknowledged, the
parties agree as follows:
PARTICIPATING AGENCIES AND DESIGNATED CONTACT PERSONS
City Representative: Kyle Jeffcoach, Community Recreation Supervisor II
Parks, After School, Recreation and Community Services
Dickey Youth Development Center
1515 E. Divisadero Street
Fresno, CA 93721
Tel: (559) 621-2900
Bullard Cal Ripken: Anthony Demaria
Dennis Dialing
Bullard Cal Ripken
2017 W. Bullard Ave. #176
Fresno, CA 93711
Tel: (559) 289-8630
ROLES CONTRIBUTIONS AND RESPONSIBILITIES
A. The City will:
(1) Give Bullard Cal Ripken priority reservations to the baseball field at Fig Garden Loop Park; provided
that such priority reservations are limited to use of Fig Garden Loop Park during the months of May
through October during each year of this Agreement, and are further limited to use on Saturdays
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(during all hours of Fig Garden Loop Park operation) and on weekdays (up to five (5) hours per day),
with no right to priority reservation on Sundays. The City of Fresno PARCS Department will coordinate
through Bullard Cal Ripken with all other groups wishing to use the field, but those other groups wishing
to use the field must contact the PARCS Department to ensure that there are no Bullard Cal Ripken
baseball functions scheduled during that time that another group wishes to use the field. Bullard Cal
Ripken will work with all groups wishing to use the field so that mutually available times can be
scheduled for use by other groups when Bullard Cal Ripken baseball is not using the fields. Bullard Cal
Ripken shall have access to play under the illuminated night lights during evening baseball functions.
(2) Allow Bullard Cal Ripken to sell banners to hang around the outfield fences of the baseball fields in
order to fund raise for its league. Signs shall adhere to City Sign Ordinances. City reserves the right to
approve the banners before they are placed at the park. Advertising shall be limited to commercial
advertising involving offering of goods or services for sale, consistent with Constitutional and local law
requirements and any and all policies, practices and guidelines promulgated by the City as amended
from time to time.
(3) Allow Bullard Cal Ripken to have the right to operate the snack bar and concessions, and keep the
profits for the same in order to defer its costs.
B. Bullard Cal Ripken will
(1) Provide the landscaping and grass -cutting services for the entire baseball field at the Fig Garden
Loop Park, including mowing, edging, weeding, and addressing any minor sprinkler issues. Bullard Cal
Ripken will also perform the mowing of the entire grass area for the Fig Garden Loop Park, outside of
the baseball fields and surrounding the baseball fields (not to include the flood basin). The landscaping
and mowing will be done on a weekly basis and will include the removal of minor graffiti around the
park to the extent they can do so, and the repair of above -ground landscaping issues, including
sprinkler heads. Bullard Cal Ripken will pay the entire cost of the landscaping, which is initially valued
at $2,000 per month, or $24,000 per year.
(2) Perform necessary minor repairs to fences and gates around the Fig Garden Loop Park baseball
fields as needed, paying for the parts and labor itself. The estimated expense, based upon similar
services provided at neighbor fields for Bullard Cal Ripken, is initially valued at $3,000 per year.
(3) Provide and maintain the necessary equipment for baseball field operations and replace the
equipment as needed. This will all be done at the expense of Bullard Cal Ripken. Such equipment
includes L screens in both batting cages (which Bullard Cal Ripken has already purchased, built and
installed), hoses for watering the field, rakes for the field, draggers for dirt preparation for the games,
chalk for the lines, chalking machines, bases and base repairs, maintenance and upkeep of the
mounds, pitching rubbers, and playing dirt. This will include both the playing field and the bull
pens/batting cages. Bullard Cal Ripken will also pay for the services for the workers who will have to
spend time working on the repairs and upkeep, as needed. The estimated cost of this equipment and
these services, based upon similar expenses made by Bullard Cal Ripken at the other neighboring
fields, is initially valued at $6,000 a year.
(4) Maintain the baseball field playing area in a clean and trash -free manner, including, as needed,
providing trash cans, and sending workers to clean trash and debris around the field, at the expense of
Bullard Cal Ripken. The estimated cost for the same, based upon similar expenses by Bullard Cal
Ripken at its neighboring fields, is initially valued at $1,000 per year.
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Bullard Cal Ripken will maintain insurance, naming the City of Fresno as an additional insured, and
maintain additional property insurance covering items of property kept at the fields. The cost of the
additional property premium is estimated at $3,500 per year, based upon similar policies held by
Bullard Cal Ripken for the other neighboring fields it maintains.
In addition, Bullard Cal Ripken will pay to the City of Fresno $2,000.00, per year, cash, by January 31
of each year which is to be used for Fig Garden Loop Park repairs and maintenance.
The total expenses for Bullard Cal Ripken to maintain and operate the Figarden Loop baseball fields is initially
estimated at $39,500 per year. The labor and materials provided by Bullard Cal Ripken for these services will
not require any funds or labor from the City of Fresno.
3. TERM
This Agreement shall become effective when this Agreement has been completely executed by the parties'
authorized agents. This Agreement shall remain in effect for an initial term running from the effective date
through August 24, 2012. Thereafter, the parties may negotiate an extension of this Agreement for up to three
(3) years.
DEFAULT, TERMINATION
Should Bullard Cal Ripken default in the performance of any of the terms and conditions of this Agreement and
fail to commence a cure thereof within thirty (30) business days after Bullard Cal Ripken has been served with
written notice of such default, the City may terminate this Agreement. Notwithstanding the foregoing, if the
breach by Bullard Cal Ripken or any of its officers, directors, employees or agents is such that it threatens the
health, welfare, or safety of any person or property, then City may, in its discretion, require that such breach be
cured in less than thirty (30) business days or immediately.
City shall be in default under this Agreement if City fails to perform or fulfill any term, covenant or condition
contained in this Agreement and City fails to commence a cure thereof within thirty (30) business days after
City has been served with written notice of such default. Nothing herein shall be construed as excusing either
party from diligently commencing and pursuing a cure within a lesser time if reasonably possible.
Upon any such termination, all rights and obligations of each party under this Agreement shall cease as of the
date of termination, except for those specific obligations that shall survive termination as set forth herein. In
addition to the right to terminate this Agreement upon Bullard Cal Ripken's default, the City shall have the right
to terminate part or all of this Agreement upon thirty (30) days notice to Bullard Cal Ripken if the facilities that
are the subject of this Agreement are required for public necessity or emergency use. Additionally, upon the
termination or expiration of this Agreement, any reservations of Fig Garden Loop Park made pursuant to this
Agreement shall automatically terminate.
NON-EXCLUSIVE USE
Bullard Cal Ripken acknowledges that the baseball field is one component in Fig Garden Loop Park, a public
park owned and operated by the City. City shall have the right to use or permit the use of any portion of Fig
Garden Loop Park to any person, firm or other entity regardless of the nature of the use of such other space, in
accordance with the terms of this Agreement. Bullard Cal Ripken agrees to take reasonable efforts to
minimize any disturbance to the operation and/or other uses of the park by City and the public.
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6. COMPLIANCE WITH GOVERNING LAW
Each party shall comply with all federal, state and local laws, rules and regulations in its pursuit hereof. No
party in its performance of this Agreement shall employ discriminatory practices on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
7. CAPACITY OF THE PARTIES
Each party is acting in an independent capacity. Nothing in this Agreement and nothing in the course of
dealings between the parties hereunder shall be deemed to create any fiduciary relationship, trust, partnership,
joint venture, agency or employment relationship, jointly and severally.
In addition and without limitation, each party shall be solely responsible for all matters relating to payment of its
employees, including, but not limited to, compliance with applicable social security withholding, worker's
compensation insurance, benefits and all other regulations governing such matters. Personnel supplied by
City will not for any purpose be considered employees or agents of Bullard Cal Ripken. The City assumes full
responsibility for the actions of such personnel while they are performing services pursuant to this Agreement,
and shall be solely responsible for their supervision, daily direction and control, payment of salary (including
withholding of income taxes and social security), disability benefits and the like, as applicable. Conversely,
personnel supplied by the Bullard Cal Ripken will not for any purpose be considered employees or agents of
the City. Bullard Cal Ripken assumes full responsibility for the actions of such personnel while they are
performing services pursuant to this Agreement, and shall be solely responsible for their supervision, daily
direction and control, payment of salary (including withholding of income taxes and social security), disability
benefits and the like, as applicable.
The City and Bullard Cal Ripken agree and acknowledge that their relationship is strictly and solely that of an
independent contractor to each other. The City's employees and/or agents are not entitled to any employee
benefits or insurance, including without limitation any health care, worker's compensation, unemployment or
disability benefits, to be provided by Bullard Cal Ripken. Bullard Cal Ripken agrees and acknowledges that its
employees and/or agents are not entitled to any employee benefits or insurance, including without limitation
any health care, worker's compensation, unemployment or disability benefits, to be provided by the City.
The parties further agree and acknowledge that each party is solely responsible for determining the method
and means by which it will fulfill its obligations hereunder. Each shall be solely responsible for payment of all
sales, use, or other taxes assessed against or associated with the performance of each party's respective
obligations or on the exercise of their rights under this Agreement, including without limitation income, payroll
or employment-related taxes and payments.
Neither party shall engage any person or entity to serve in any capacity, or incur any expense or obligation on
behalf of the other without the prior written consent of both parties.
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To the furthest extent allowed by law, Bullard Cal Ripken shall indemnify, hold harmless and defend the City
and each of its officers, officials, employees, agents and authorized volunteers from any and all loss, liability,
fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not
limited to personal injury, death at any time and property damage) incurred by City, Bullard Cal Ripken or any
other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and
litigation expenses), arising or alleged to have arisen directly or indirectly out of the performance of this
Agreement. Bullard Cal Ripken's obligations under the preceding sentence shall apply to any negligence of
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City or any of its officers, officials, employees, agents or authorized volunteers, but shall not apply to any loss,
liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or by the willful
misconduct, of City or any or its officers, officials, employees agents or authorized volunteers.
If Bullard Cal Ripken should subcontract all or any portion of the work to be performed under this Agreement,
Bullard Cal Ripken shall require each subcontractor to indemnify, hold harmless and defend City and each of
its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding
paragraph.
The two preceding paragraphs shall survive termination or expiration of this Agreement.
Throughout the life of this Agreement, Bullard Cal Ripken shall pay for and maintain in full force and effect all
policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California
Insurance Commissioner to do business in the State of California and rated not less than "A- VI" in Best's
Insurance Rating Guide, or (ii) authorized by City's Risk Manager. The following policies of insurance are
required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as
Insurance Services Office (ISO) form CG 00 01 and shall include insurance for "bodily injury', "property
damage" and "personal and advertising injury", including premises and operation, products and
completed operations and contractual liability (including, without limitation, indemnity obligations under
the Agreement) with limits of liability of not less than $1,000,000 per occurrence and $2,000,000
general aggregate for bodily injury and property damage, $1,000,000 per occurrence for personal and
advertising injury and $2,000,000 aggregate for products and completed operations.
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as
the most current version of Insurance Services Office (ISO) form CA 00 01 and shall include coverage
for "any auto' with limits of liability of not less than $1,000,000 per accident for bodily and property
damage.
(ii) WORKER'S COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYER'S LIABILITY insurance with minimum limits of $1,000,000 each accident,
$1,000,000 disease policy limit and $1,000,000 disease each employee.
Bullard Cal Ripken shall be responsible for payment of any deductibles contained in any insurance policies
required hereunder and the Bullard Cal Ripken shall also be responsible for payment of any self-insured
retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30) calendar day
written notice in favor of the City of policy cancellation of coverage, except for the Worker's Compensation
policy which shall provide a ten (10) calendar day written notice of such cancellation of coverage. In the event
any policies are due to expire during the term of this Agreement, Bullard Cal Ripken shall provide a new
certificate evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date
of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in
coverage, Bullard Cal Ripken shall file with the City a new certificate and all applicable endorsements for such
policy(ies).
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and
shall name City, its officers, officials, agents, employees and volunteers as an additional insured. Such
policy(ies) of insurance shall be endorsed so Bullard Cal Ripken's insurance shall be primary and no
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contribution shall be required of City. Any Worker's Compensation insurance policy shall contain a waiver of
subrogation as to City, its officers, officials, agents, employees and volunteers. Bullard Cal Ripken shall have
furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City's
execution of this Agreement. Bullard Cal Ripken shall furnish City with copies of the actual policies upon the
request of City's Risk Manager and this requirement shall survive termination or expiration of this Agreement.
The fact that insurance is obtained by Bullard Cal Ripken shall not be deemed to release or diminish the
liability of Bullard Cal Ripken or its subcontractors, including, without limitation, liability under the indemnity
provisions of this Agreement. The duty to indemnify City and its officials, officers, employees, agents and
authorized volunteers shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by
Bullard Cal Ripken. Approval or purchase of any insurance contracts or policies shall in no way relieve from
liability nor limit the liability of Bullard Cal Ripken.
If at any time during the life of the Agreement or any extension, Bullard Cal Ripken fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued immediately
until notice is received by City that the required insurance has been restored to full force and effect and that the
premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required
insurance shall be sufficient cause for City to terminate this Agreement.
If Bullard Cal R ipken should subcontract all or any portion of the services to be performed under this
Agreement, Bullard Cal Ripken shall require each subcontractor to provide insurance protection in favor of City
and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this
section, except that any required certificates and applicable endorsements shall be on file with Bullard Cal
Ripken and City prior to the commencement of any services by the subcontractor.
9. ATTORNEY'S FEES
If a party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or
condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from
the other party its/their reasonable attorney's fees and legal expenses.
10. PRECEDENCE OF DOCUMENTS
In the event of any conflict between the body of this Agreement and any exhibit/attachment hereto, the terms
and conditions of the body of this Agreement shall control and take precedence over terms and conditions
expressed within the exhibit/attachment. Furthermore, any terms or conditions contained within any
exhibit/attachment hereto which purport to modify the allocation of responsibility or liability between the parties,
provided for within the body of this Agreement, shall be null and void.
11. NOTICES
Any notice required or intended to be given to a party under the terms of this Agreement shall be in writing and
shall be deemed to be duly delivered the earlier of (a) actual receipt by personal delivery to the representative
(as defined herein), as the case may be, or in lieu of such personal service, by way of Federal Express or other
similar courier addressed to such party at the appropriate address set forth herein, (b) the date of receipt by
facsimile to the City Representative or the Bullard Cal Ripken Representative, or (c) three (3) business days
after the date of mailing (postage pre -paid return receipt requested). Either party may change its address for
the purpose of this Paragraph by giving written notice of such change to the other.
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12. BINDING
Once this Agreement is signed by all the parties, it shall be binding upon, and shall inure to the benefit of, the
parties, and each party's respective heirs, successors, assigns, transferees, agents, servants, employees and
representatives.
13. ASSIGNMENT
There shall be no assignment by any party of its rights or obligations under this Agreement without the prior
written approval of the other party. Any attempted assignment by a party, its successors or assigns, shall be
null and void unless approved in writing by the other party.
The waiver by any party of a breach by the other of any provision of this Agreement shall not constitute a
continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this
Agreement.
No provisions of this Agreement may be waived unless in writing and approved by and signed by all parties to
this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision
herein.
The payment of any fee or compensation or performance of any obligation hereunder by either party shall not
constitute a waiver of any breach by the other party or of any of the rights and remedies which either party may
have as a result of such breach. No waiver by either party of breach of the Agreement shall be implied from
any failure by the other party to take action on account of such breach if such breach persists or is repeated.
Waivers by either party of any covenant, term or condition contained herein shall not be construed as a waiver
of any subsequent breach of the same covenant, term or condition.
15. GOVERNING LAW AND VENUE
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of
California. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and any rights and duties hereunder shall be Fresno, California.
16. HEADINGS
The section headings in this Agreement are for convenience and reference only and shall not be construed or
held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.
17. SEVERABILITY
The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this
Agreement shall not affect the other provisions.
18. INTERPRETATION
The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties
and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall
not be resolved by construing this Agreement in favor or against any party, but rather by construing the terms
in accordance with their generally accepted meaning.
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19. ENTIRE AGREEMENT
It is mutually understood and agreed that the foregoing along with the attached Exhibits constitutes the entire
Agreement between the parties. Any modifications or amendments to this Agreement must be in writing
signed by an authorized agent of each party.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
SIGNATURES APPEAR ON NEXT PAGE,
Page 8 of 9
IN WITNESS THEREOF, the parties have caused their authorized agents to execute this Agreement:
Dated:
Dated:
Dated:
ATTEST
REBECCA E, KLISCH
City Cler Q
BY:
De
APPROVED AS TO FORM:
C
TY AOFFICE
Y:
atherine Doerr
Senior Deputy City Attorney
Exhibit A: Depiction of Fig Garden Loop Park
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BULLARD CAL RIPKEN LEAGUE OF
FRESNO, INC., a Calif ma nonprofit corporation
BY:
Dennis Dieling "
Its: Boar e ex �—
By:
Anthony Demaria
Its: Board President
CITY OF FRESNO,
a municipal corporation
By: _
Bruce A. Rudd, Assistant City Manager/
Interim PARCS Director
Page 9of9
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Exhibit A
Depiction of Pig Garden Loop Park
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City 01
me ++ = ��► REPORT TO THE CITYCOUNCIL
August 25, 2011
AGENDA ITEM NO. F
COUNCIL MEETING $125111
APPROVED BY
DEPARTMENT DIRECTOR
CITY MANAG
FROM: BRUCE A. RUDD, Assistant City Manager 1 Interim PARCS Director
City Manager's Office
BY: PAUL A. MELIKIAN, Administrative Manager .
KYLE B. JEFFCOACH, Community Recreation Supervisor II
Parks, After School, Recreation and Community Services Department
SUBJECT: APPROVE A ONE-YEAR AGREEMENT WITH BULLARD BABE RUTH FOR THE USE
AND MAINTENANCE OF FIGARDEN LOOP PARK
RECOMMENDATION
Staff recommends that the City Council approve the attached one-year agreement with Bullard Babe Ruth,
allowing priority access to the baseball fields at Figarden Loop Park for games and practices in exchange for
maintenance services and improvements to Figarden Loop Park.
EXECUTIVE SUMMARY
Bullard Babe Ruth/Bullard Cal Ripken ("Bullard Cal Ripken°) agrees to provide maintenance, landscaping and
repair services for the Figarden Loop Park, in exchange for priority access to the baseball fields at the park.
The Agreement is for one year, with the option of an up to (3) one-year extensions. Included in the Agreement
are the following terms:
Bullard Cal Ripken will:
• Provide the landscaping and grass -cutting services for the baseball field at the Figarden Loop. They
will also perform weekly mowing of the entire grass area in the Figarden Loop Park, outside of the
baseball fields and surrounding the baseball fields (not to include the flood basin).
• Perform necessary minor repairs to fences and gates around the Figarden Loop baseball fields as
needed, paying for the parts and labor.
• Provide and maintain the necessary equipment for baseball field operations, and replace the equipment
as needed.
• Maintain the baseball field playing area in a clean and trash -free manner.
• Maintain insurance, naming the City of Fresno as an additional insured, and will maintain an additional
property insurance covering items of property kept at the fields.
• Pay $2,000 annually to the City into a reserve fund for Figarden Loop Park.
The City will:
• Provide Bullard Cal Ripken Baseball with priority registration for the use of the baseball field at
Figarden Loop Park, Monday — Saturday between the months of May — October. The field will be
available on a first-come, first -serve basis for the remainder of each year. The City of Fresno PARCS
Department will coordinate through Bullard Cal Ripken with all other groups wishing to use the field
during such times when there is no Bullard Cal Ripken baseball functions scheduled.
• Allow Bullard Cal Ripken to sell banners to hang around the outfield fences of the baseball fields in
order to raise funds for its league. Presented to City ouncil
Date
Disposition —0�!`
Report to the City Council - Bullard Babe Ruth MOU
August 25, 2011
Page 2
Allow Bullard Cal Ripken to operate the snack bar and concessions at Figarden Loop Park, and keep
the profits for the same in order to defer its costs.
BACKGROUND
The Bullard Cal Ripken league was instrumental in overall planning of the Figarden Loop Park. They attended
all of the community meetings, offered feedback and assisted with the ground breaking in November 2008 and
grand opening of the park in January 2010.
Bullard Cal Ripken reserved the Figarden Loop baseball diamonds for their 2010 baseball season; and
because they were able to hold their league play on new full-size baseball fields, their league was able to grow
to 15 teams. During the past season while the PARCS Department suffered cutbacks in park mowing and field
maintenance, the Bullard Cal Ripken League helped with the dragging and chalking of the fields. They also
helped mow the infield grass, rebuild the pitching mound and bring in fresh dirt to the infield.
When the City of Fresno announced more cutbacks this past July 1, 2010, Bullard Cal Ripken contacted the
City about mowing and taking care of the baseball field in return for access for a reduced price for the ball
diamond rental. Through negotiation, this maintenance agreement was reached exchanging field access for
maintenance services in the entire park.
FISCAL IMPACT
There is no adverse impact to the General Fund as a result of approving this Agreement. The estimated total
expense paid by Bullard Cal Ripken for labor and materials to maintain and operate the Figarden Loop Park as
specified in this Agreement is $39,500 per year. A year-long reservation of the baseball field for the Bullard
Cal Ripken would generate reservation fees for the City of approximately $14,400. The City will be receiving a
higher value of maintenance from Bullard Cal Ripken than the reservation dollars that are being given up. The
neighborhoods surrounding Figarden Loop Park and the Bullard Cal Ripken league will benefit from the
enhanced maintenance and improvements to the park.
A majority of the funding for the construction of Fig Garden Loop Park was derived from tax exempt bond
proceeds (2008 Park Bonds), which subjects the park to private use limitations under tax laws and regulations.
Consequently, outside bond counsel reviewed the terms of this Agreement and concluded that it will not result
in private use of the Figarden Loop Park, meaning it will not jeopardize the tax exempt status of the 2008 Park
Bond. This agreement was also reviewed and approved by the City Attorney and Risk Management Offices.
8/24/11
Attachment: License Agreement