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Draft Side Letter Agreement - Vistamar School

Manhattan Beach City Council
June 20, 2023

Document
Draft Side Letter Agreement - Vistamar School
Meeting
June 20, 2023
Body
Manhattan Beach City Council
Original file
496 KB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

SUN SAND
SEA

CALIFORNIN
MARINE FIELD TURF REPLACEMENT PROJECT 2023 - VISTAMAR
June 20, 2023
Mr. Chris Bright
Head of School
Vistamar School
737 Hawaii Street
El Segundo, CA 90245
Dear Mr. Bright,
Thank you for your interest in participating in the Marine Field Turf Replacement Project ("Project") with the City of Manhattan Beach ("City") to improve the Marine Field (the "Field") located at 1625 Marine Avenue, Manhattan Beach, CA 90266. City looks forward to working with Vistamar School as part of Project.

City agrees to the following conditions:

Vistamar School will pay City $100,000 (the "Contribution") upon execution of this Agreement in ten annual increments of $10,000. The Contribution shall be placed in a specific Project account and will only be used for the Marine Field Turf Replacement Project. The Contribution and other funds placed in the specific Project account will not be co-mingled with any other City funds.

2. On or before June 20, 2023, City shall provide to Vistamar School:
a. A hard copy of the plans and specifications for the Field; and b. All additional City requirements for the final engineering plans for Project (for Vistamar School's reference only).

3. Upon receipt of the first Contribution payment, City will begin the contractual process for Project construction.

4. City will bear responsibility for its internal staff administrative costs of Project, and the Contribution will not be used toward staff costs. City will provide quarterly reports to Vistamar School on how the Contribution is used during the specific construction of Project.

5. Upon completion of the improvements, City shall maintain the Field pursuant to City's regular policies and standards. The Field shall be striped for soccer use and display the City logo. City will review the proposed striping with Vistamar School prior to construction of Project to ensure that it complies with Vistamar School requirements.

Vistamar School shall have no maintenance obligations.

6. In consideration of Vistamar School's contribution, City shall grant Vistamar School dedicated and exclusive use of the Field for the term of this Letter Agreement, September 1, 2023 to August 31, 2033. "Dedicated and exclusive use" means that Vistamar will have exclusive, first priority to the Field on the dates and times as outlined in this Section and that City or third parties may only use the Field on those dates and times if Vistamar declines. Vistamar can modify the dates and times of its dedicated and exclusive use of the Field, but only if City provides prior written authorization of such modifications. a. From December Ist to March Ist of each year, Mondays through Fridays from 2:30 PM to 5:00 PM as outlined in the following bullets and in 4(b) for Friday usage. The period may be extended to mid-March should one of Vistamar School's teams continue to compete in CIF playoff games. Field usage beyond March 16th (with the exception of 4(b) below) will be billed at the Manhattan Beach Resident rate, plus lights if used.
(a) From December Ist to December 15th, Vistamar School and AYSO will work together to meet Vistamar School's weekday practice schedule as defined in 4(a) and 4(b). AYSO will work with Vistamar and identify unused weekday fields for Vistamar School's practices. Vistamar agrees to utilize the fields identified by AYSO for their weekday practices even if different fields are identified. These fields include but are not limited to Marine Avenue Park, Manhattan Village, Begg, and Center. This will occur until Vistamar School is utilizing Marine Avenue Park every weekday or no later than December 15th.
(b) Vistamar School and AYSO will work together to accommodate additional needs as required. (i.e. Vistamar School needs to schedule back to back CIF matchers or AYSO needs field time for a rescheduled All-star or Area Championship match.)
b. Every Friday from 2:30 PM to 5 PM from September Ist to June Ist C. Special events as mutually agreed by the Parties. Any additional use will be billed at the current Manhattan Beach Resident rate, plus lights if used d. Vistamar School shall be permitted to display a "Vistamar Home Field" banner, or an equivalent banner, on the fence facing into the field whenever Vistamar School is using the field and shall remove the banner whenever they are not using the field.

7. During all times other than those specified in Section 6 of this Letter Agreement when Vistamar School is not using the Field, City may schedule use of the Field in its absolute discretion.

During all times when Vistamar School is using the Field during lighted hours, Vistamar School will be billed the standard light fee adopted by the City Council.

This Letter Agreement is binding on the parties in accordance with its terms. Each person executing this Letter Agreement on behalf of his or her party warrants that he or she is duly authorized to execute this Letter Agreement on behalf of that party and that by such execution, that party is formally bound to the provisions of this Letter Agreement.

Sincerely,
Bruce Moe City Manager
Concurrence:

Chris Bright, Head of School, Vistamar School
Krista Skinner, Regional Commissioner, AYSO
CC: Mark Leyman, Parks and Recreation Director

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