Proposed License and Concessionaire Agreement with South Bay Sports — Redondo Beach City Council, September 6, 2022

AVIATION PARK LICENSE AND CONCESSION AGREEMENT BETWEEN
SOUTH BAY SPORTS. LLC. AND

THE CITY OF REDONDO BEACH
THIS AVIATION PARK LICENSE AND CONCESSION AGREEMENT (this “Agreement”) is made between the City of Redondo Beach, a municipal corporation (“City”) and South Bay Sports, LLC, a Limited Liability Company ("Licensee"), as of September 6, 2022 ("Effective Date.")

RECITALS
WHEREAS, the City is the Lessee of 11.2 acres of property commonly known as ("Aviation Park") from the South Bay Union High School District (now the Redondo Beach Unified School District), Lessor, pursuant to that certain Ground Lease dated February 1, 1985 between the City and South Bay Union High School District ("Aviation Park Ground Lease"); and WHEREAS, Aviation Park consists of an oval athletic field, an oval track that surrounds the athletic field, a patio area with a free standing counter, a building containing restrooms, a small storage area and a large storage area, and a gymnasium; and WHEREAS, the Licensee desires to purchase, construct, install and maintain a synthetic turf field at Aviation Park and provide other services on the terms and conditions herein; and WHEREAS, the City desires to accept Licensee's desire to purchase, construct, install and maintain a synthetic turf field at Aviation Park and provide other services on the terms and conditions herein.

NOW, THEREFORE, the parties agree as follows:

1. License. Except as otherwise provided in this Agreement, City hereby grants to Licensee a revocable, exclusive during the time periods described in Section 4, nonassignable License to use or operate the following ("Premises") at Aviation Park on the terms and conditions herein: the oval athletic field ("Athletic Field"), a storage area ("Storage Area") that is located in a building where the restrooms are situated, and a patio area with a free standing counter ("Patio Area"), as more fully described and depicted in Exhibit “A”, attached hereto and incorporated herein. a. No Representations by City. The City has made no representations or warranties with respect to Premises and its nature and condition. b. Acceptance of Premises by Licensee. Licensee hereby represents and warrants that it is fully familiar with the nature and condition, in all respects, of the Premises, including without limitation, the soil and geology of the land, and the condition of the existing improvements. Licensee hereby represents and warrants that the Premises is suitable and adequate in all respects for any and all construction and improvements to be made and any and all activities and uses which Licensee may elect to conduct thereon at any time during the term hereof, and Licensee accepts the Premises in its existing condition "AS IS." c. Acknowledgment of Aviation Park Ground Lease. Licensee hereby 2 acknowledges and is familiar with the rights and liabilities of City as contained in the Aviation Park Ground Lease. Licensee shall not violate the Aviation Park Ground Lease. City will, prior to the commencement of construction by Licensee, comply with all terms of the Aviation Park Ground Lease necessary to the effectiveness of this Agreement. City represents and warrants to Licensee that (i) City's entering into this Agreement and performing the terms hereof will not violate the Aviation Park Ground Lease, (ii) City is not in default of any of the provisions of the Aviation Park Ground Lease, (iii) the copy of the Aviation Ground Lease previously provided by City to Licensee is accurate and complete, and (iv) the Aviation Park Ground Lease has not been amended or otherwise modified, nor has City waived any provision material to Licensee’s use of the Premises as intended by this Agreement.

2. Term. The term of this Agreement shall commence upon the Effective Date of this Agreement and shall terminate on April 30, 2032 ("Original Term"). Licensee will have the option of extending the Original Term of this Agreement for two additional periods of two (2) years each (each two (2) year period shall be considered a "Renewal Term"), provided that all of the following conditions are satisfied:
(i) this Agreement is in effect both at the time that the notice to exercise the option is given, and on the last day of the then current term;
(ii) Licensee notifies City in writing of its intent to exercise the option at least 90 days prior to the expiration of the term of the Original Term and at least 60 days prior to the expiration of each Renewal Term; and
(iii) Licensee is not in default (beyond any applicable grace or cure period) of any provision of this Agreement at the time notice of the intent to exercise the option is given and on the last day of the then current term.

Any extension of the term of this Agreement under the foregoing provisions shall be on the same terms, covenants, and conditions as provided in this Agreement unless otherwise agreed by the parties in writing.

3. Permitted Uses. Licensee's use of the Premises is limited to • sponsoring, organizing, scheduling and coordinating various sports league games and other sports related activities upon the Athletic Field • operating, managing and maintaining concession services in the Patio Area • the Storage Area
• Licensee shall also be allowed use of the restrooms and parking area located adjacent to Aviation Park (which is owned by the City).

Except as otherwise provided in this Agreement, Licensee shall have the same use of the portions of Aviation Park other than the Premises as the general public. Licensee's limited use of the Premises shall not restrict City's or any other party's use of any other portion of Aviation Park, including but not limited to, the track surrounding Athletic Field, the gym, the restrooms, the Storage Area and the parking area.

4. Exclusive Use. Except as otherwise provided in this Agreement, Licensee shall have exclusive use of the Athletic Field during the following scheduled periods:

January through July:
3 Monday through Friday: 7:00 p.m. to 10:00 p.m. Sundays: 8:00 a.m. to 10:00 p.m.

August:

Monday through Friday: 7:30 p.m. to 10:30 p.m. Sundays: 8:00 a.m. to 10:00 p.m.

September through December:

Mondays through Fridays: 7:00 p.m. to 10:00 p.m.

Sundays: 8:00 a.m. to 10:00 p.m.

Notwithstanding the foregoing, City shall have exclusive use of the Athletic Field during the following periods, each year of this Agreement:
• Martin Luther King Jr. Weekend
• Superbowl Sunday
• Easter Sunday
• Memorial Day weekend, comprised of three days
• July 4th weekend (if July 4th falls on a Tuesday or Monday, the preceding Monday, Sunday and Saturday as applicable; if July 4th falls on a Thursday or Friday, the following Thursday, Friday, Saturday and Sunday as applicable; and if July 4th falls on a Wednesday, then either the preceding weekend or following weekend comprised of Saturday and Sunday, at the City’s election.) • Labor Day weekend
• Thanksgiving Day: the Wednesday before Thanksgiving and the Friday, Saturday and Sunday after Thanksgiving
• The time that the Redondo Beach Unified School District is not in session for winter and the New Year's break.

In the event Licensee prevents the City's use of the Athletic Field during these times, Licensee shall be responsible for all damages caused to the City as the parties shall agree, or in their inability to agree, as determined by Arbitration as provided herein. This provision is not intended to create any additional rights for the City than it would have for a claimed breach of this Agreement, and failure to pay City's demand for damages, prior to the entry of an Arbitration award, if any shall not be a basis to deny Licensee use of the Premises.

The Athletic Field shall be used by City for its sole and exclusive use at all other times not identified in Licensee's exclusive scheduled periods of use as outlined above.

During any period in which the Athletic Field is reserved for use by the City, the City shall take such care of the Athletic Field as Licensee is required to take of the Athletic Field during the periods reserved for Licensee’s exclusive use.

Upon the City's sole and absolute discretion, which shall not be unreasonably withheld, the City shall allow Licensee to contract with third parties for the use of the Athletic Field during Licensee's scheduled periods of use when Licensee is not using the Athletic Field, provided however, that such use is sports related, does not damage the Athletic Field and is properly supervised by a representative of Licensee. Licensee shall provide City with written notice of its intent to contract with third parties seven (7) working days prior to such use and City shall grant its decision within a reasonable time thereafter.

Licensee shall have exclusive use of one hundred (100%) percent of the Storage Area 4 during the term of this Agreement.

5. Fees. Licensee shall pay the City as a license fee one dollar ($1.00) per year, payable on July 1st of each year. Licensee shall also pay 50% of the hourly light fee as outlined in the Master Fee Schedule , for each hour that Licensee uses the field lights. The rate shall be adjusted in the future for any energy cost increases not to exceed twenty- five percent (25%) City shall provide Licensee with a quarterly invoice of such charges and Licensee shall pay the amount within thirty (30) days.

In addition, Licensee shall pay the City 50% of the hourly rental fee as outlined in the Master Fee Schedule, for any period of use outside its exclusive scheduled periods of use, payable in advance to City.

In addition, to the foregoing fees, if this Agreement is extended beyond the Original Term, for each Renewal Term, Licensee shall pay a license fee of $102,000.00, $51,000.00 payable on July 1st of the first year and $51,000.00 payable on July 1st of the second year of each Renewal Period.

Licensee agrees to give any teams participating in its sports leagues a $75.00 league fee discount, if the team has a minimum of eight Redondo Beach residents on its roster.

6. Concession Operations. Licensee shall operate and maintain concession services during such times that events are occurring at the Athletic Field. Notwithstanding the foregoing, if City so elects, City or a City designated organization shall operate and manage the concession service during events held for charitable purposes. City shall provide Licensee with seven (7) days’ notice of its exercise of this election. Licensee shall provide City or its designee access to all concession service areas and amenities.

Licensee shall have the option to cease concession services, provided however, Licensee shall provide City with ten (10) days written notice of such election. a. Sale of Products. Licensee shall have the right to sell food, beverages and other products in the Patio Area on the terms and conditions set forth herein.

Licensee shall have the right to sell prepackaged foods, beverages, sports related merchandise, and clothing, apparel, food and beverage related merchandise bearing Licensee's name and/or logo, such as polo shirts and coffee cups. Licensee shall submit its' logo to City for its approval, which approval shall not be unreasonably withheld. A schedule of prices charged for all food, beverages and sports related merchandise sold to the public shall be conspicuously posted. Licensee shall have the right to charge prices for the goods that are reasonably consistent with market prices charged by other competing and/or comparable oriented businesses in the greater Los Angeles vicinity. Licensee agrees that when alternate forms of packing are available, only items packaged in a manner most compatible with the goals of reducing litter and preserving the environment shall be sold. Sale of beverages in glass containers shall not be permitted. Sale of alcoholic beverages shall not be permitted. Sale of any items which would cause damage to the field or cause an increase in the maintenance or care of the field shall not be permitted. At all times, Licensee shall operate, manage and maintain its concession services in a competent, efficient, clean and sanitary manner and in compliance with all applicable laws, including but not limited to, Los Angeles County Health laws. 5 b. Personnel. Licensee shall furnish such number of personnel at all times as is necessary to maintain efficient levels of service. Licensee shall employ only competent, responsible persons. If the City reasonably believes that an individual working for or on behalf of Licensee poses a danger to public health or safety, City shall notify Licensee in writing and Licensee shall take immediate remedial action.
c. Complaints. Licensee shall promptly respond to all complaints from the public. Licensee shall report each complaint and the action taken in response to such complaint, to City within five (5) calendar days from the date of the complaint. If City believes a complaint to be of a serious nature, City shall notify Licensee in writing, and Licensee shall respond to the City's inquiry within five (5) Calendar days. If Licensee fails to respond to City's inquiry, City shall have the option to terminate this Agreement in accordance with Section 24.

7. Security. Licensee shall be responsible, at its sole expense, for any necessary or desirable security for all of Licensee's use or operations at the Premises. Licensee shall use its best efforts to ensure the chain link fence, as set forth in Exhibit “A”, remains locked after Licensee's use or that of Licensee's designee.

8. Athletic Field. Licensee shall purchase and install, at its sole expense, a Ligaturf Rootzone Blend 1.5 52 ("Synthetic Field") including ShockDrain 580 to replace the current synthetic field in accordance with plans and specifications approved by City and in accordance with the construction requirements below. The Synthetic Field improvement shall be completed within eighty-five (85) days after the issuance of necessary permits, subject to City's final inspection and approval as provided in Section 8(c). If Licensee fails to complete the construction of the Synthetic Field within the eighty-five (85) day period, Licensee shall pay the City a penalty of two hundred fifty ($250.00) dollars for each day beyond the eighty-five (85) day period, for a maximum period of thirty (30) days. If Licensee fails to complete the construction of the Synthetic Field within one hundred fifteen (115) days, Licensee shall be in material breach of this Agreement and the City shall have the right to complete construction by drawing out of the escrow account as provided in Section 8(a)(vii). Licensee shall proceed to construct the improvement at its sole risk as to the condition of the Athletic Field. If Licensee shall fail to complete the installation of the Synthetic Field within one hundred fifteen (115) days, Licensee shall compensate City for all losses and damages which the City suffered as a result of the delay, barring circumstances beyond Licensee’s control, such as shipping delays due to the global pandemic.
a. Construction. Licensee shall perform all work in a good and workmanlike manner, in compliance with plans and specifications submitted to City. Upon completion, Synthetic Field improvement shall become part of Aviation Park and be subject to this Agreement. Before commencing work on the Synthetic Field improvement:
i. Licensee shall deliver to City for City's approval two (2) sets of preliminary construction plans and specifications, including the proper drainage requirements subject to NPDES standards, prepared by an architect or engineer licensed to practice as such in the State of California, to enable 6 potential contractors and subcontractors to make reasonably accurate bid estimates and to enable City to make an informed judgment about the design and quality of construction. City shall not unreasonably disapprove preliminary plans and specifications.
ii. Licensee shall prepare final working plans and specifications substantially conforming to preliminary plans previously approved by City, and deliver to City one complete set as approved by the City. Changes from the preliminary plans shall be considered to be within the scope of the preliminary plans if they are not substantial or if they are made to comply with suggestions, requests, or requirements of the City or official in connection with the application for permit or approval, and if they do not depart substantially in size, utility, or value from the minimum requirements of the work required to construct the Synthetic Field improvement. Any work which does not comply with the approved final plans and specifications, or which do not comply with all applicable laws and regulations, including, but not limited to, building and safety codes, and environmental laws, shall be promptly redone at Licensee's cost and expense.
iii. Licensee shall notify City of Licensee's intention to commence the construction at least fifteen (15) days before commencement of any such work or delivery of any materials. The notice shall specify the approximate location and nature of the intended improvement. City shall have the right to post and maintain on the Premises any notices of non-responsibility provided for under applicable law, and to inspect the Premises in relation to the construction at all reasonable times. Licensee shall provide City with a construction schedule which is fully described in Exhibit “B”, attached hereto and incorporated herein. Licensee shall immediately notify City if there are changes in the construction schedule.
iv. Licensee has furnished City with a true copy of Licensee’s contract with the general contractor, AFE Sports. California Contractor’s License Number A747934. Licensee warrants that its general contractor is licensed in the State of California, and is qualified to perform the work as contained in its contract with the general contractor.
v. Licensee shall have the right to replace its general contractor and the City may disapprove of the replacement or substitute contractor and/or the contract by notice given within ten (10) days following delivery of the copy of the contract. The notice shall specify the grounds for disapproval. City shall not unreasonably disapprove and shall be considered to have approved in the absence of notice of disapproval given within ten (10) days after Licensee furnishes the contract and evidence specified above. If Licensee elects to act as general contractor, the reference above to contractor and evidence shall be considered to apply to the subcontractor of each subcontract in excess of $3,500.00.
vi. City shall waive the requirement of Licensee furnishing performance bonds in connection with this Agreement. In lieu of procuring performance bonds, Licensee shall establish an escrow account wherein the funds for the 7 construction of the Synthetic Field are deposited prior to the start of construction. City shall have the right to draw on the escrow account to complete the construction of the Synthetic Field, should Licensee fail to do so for whatever reason, including but not limited to, Licensee's default or breach that results in the termination of this Agreement. Licensee shall cause its lender to execute all documentation facilitative of this right. vii. City shall have the right to approve any changes in the method of disbursing the construction loan funds during the period of construction. viii. Licensee shall deliver to City (1) certificates of insurance evidencing coverage for "builder's risk," (2) evidence of worker's compensation insurance covering all persons employed in connection with the work and with respect to whom death or bodily injury claims could be asserted against City or the Premises, and (3) evidence that Licensee has paid or caused to be paid all premiums for the coverage described above in this Section and any increase in premiums on insurance provided for in Section 16, sufficient to assure maintenance of all insurance above during the anticipated course of the work. Licensee shall maintain, keep in force, and pay all premiums required to maintain and keep in force all insurance above at all times during which such work is in progress.
ix. During the entire time of construction, Licensee shall store or discard all equipment, garbage, refuse and other debris in such a manner so as not to be visible by persons using the facilities on Aviation Park with the exception of temporarily stored turf and soil. b. Completion. It is the intent of Licensee and City to expedite the permitting process, commencement and completion of the construction of the Synthetic Field and each will diligently pursue that end. Licensee and City agree to cooperate and assist each other in the expeditious completion of the Synthetic Field, provided however that such cooperation shall not constitute a waiver of any construction laws or requirements.
c. Final Inspection. Construction of the Synthetic Field shall be deemed to have been completed when, in accordance with the final plans and specifications, the City grants approval pursuant to the Redondo Beach Municipal Code. The Synthetic Field shall not be used without the City's approval. Once City has completed its final inspection and granted Licensee the approval to use the Synthetic Field, the construction of the Synthetic Field shall be deemed in compliance with City's Municipal and City's Building Codes.

9. Safety Requirements and Operation. All work performed under this Agreement shall be performed in such a manner as to meet or exceed all State of California and City's safety laws and regulations and all other applicable regulations and laws. City reserves the right under California law to issue restraining or cease and desist orders to Licensee when unsafe or harmful acts are observed or reported relating to, relative to or connected with Licensee's performance under this Agreement. Licensee shall maintain the Premises free of hazards to persons and/or property resulting from its operations. 8 Any hazardous conditions on the Premises or the surrounding area shall be reported to the City as soon as possible.

10. Permits and License. Licensee shall at its own expense, procure and keep in force, during the term of this Agreement, all necessary permits and licenses from all government agencies having jurisdiction over the construction of improvements, use, operations and maintenance of the Premises.

11. Hazardous Materials. Licensee shall comply with all federal, state and local regulations and laws pertaining to the storage and disposal of hazardous material or hazardous substances as those terms are defined by any such law or regulation, and shall indemnify, defend and hold harmless City for any breach of such regulation pursuant to Section 15 herein. Upon termination of this Agreement, Licensee shall cease use of the Premises and leave the Premises to City in good condition and repair, ordinary wear and tear excepted, and free from any liens, charges or encumbrances and free from any hazardous or toxic material, substance or waste which may require remediation.

12. Alterations and Additional Improvements. Except as provided herein, Licensee shall not make or suffer to be made any alterations, additions or improvements (collectively "Improvements") without the prior written consent of City in the exercise of its sole discretion, which shall not be unreasonably withheld. Improvements shall be at Licensee's own expense, unless otherwise agreed by the parties in writing. City may charge its usual and customary fees for any licenses or permits in connection with the approval and inspections of the Improvements.

13. Maintenance and Repair. Licensee shall, at its sole expense, during the term of this Agreement, maintain, clean, sanitize and repair or otherwise preserve: the building in which the Storage Area A and Storage Area B used by Licensee are located; Licensee's other Improvements, whether fixed or not; the Synthetic Field and signs on the Premises in a safe, clean and sanitary manner and in compliance with the Redondo Beach Municipal Code, the LigaturfRootzone Blend 1.5 Warranty and Maintenance Guidelines, attached as Exhibit “C” and incorporated herein, and aII applicable laws.

Licensee shall, as reasonably practicable, use devices, facilities and products that reduce noise, vibration, movements of air, fumes and odors, so as not to unreasonably interfere with or harm other users at Aviation Park when it is maintaining, cleaning sanitizing or otherwise repairing the Synthetic Field.

Licensee shall conduct regular maintenance of the Synthetic Field, which includes but is not limited to, regular grooming of the crumb rubber, leveling the playing surface, cleaning and disinfecting the surface as recommended by the LigaturfRootzone Blend

1.5 Warranty. Licensee shall also repair any holes or gaps in the surface or other damage to the Synthetic Field. The frequency of the regular maintenance shall be determined by City taking into account the maintenance guidelines outlined in the LigaturfRootzone Blend 1.5 Warranty. The termination of the LigaturfRootzone Blend

1.5 Warranty, for whatever reason, shall not affect the obligations of Licensee to maintain, clean, sanitize, or otherwise preserve the Synthetic Field in the manner specified in the LigaturfRootzone Blend 1.5 Warranty and in this Agreement, which obligations shall continue as if the LigaturfRootzone Blend 1.5 Warranty were still in effect. Under no circumstances shall Licensee be required to assume, or otherwise be responsible for any obligations which would have been those of LigaturfRootzone Blend 9 1.5 but for the termination of the Warranty.

Notwithstanding anything contained in this Section 13 to the contrary, if it is determined that any maintenance, cleaning, or sanitizing, other than the routine maintenance, cleaning or sanitizing which Licensee is required to provide pursuant to this Section 13, or repair, replacement or other work is needed to the Synthetic Field because of anything that occurred during any City program, use of the Premises by any third party who was granted specific permission to use the Premises by the City, or any act or omission of any City staff, personnel, or contractor, then the cost of such maintenance, cleaning, sanitizing, repair, replacement or other work shall be the sole responsibility of the City. In such event, the needed maintenance, cleaning, sanitizing, repair, replacement or other work shall be undertaken by Licensee and the cost of the same shall be reimbursed to Licensee by City upon completion of the maintenance, cleaning, sanitizing, repair, replacement or other work. Licensee shall submit to the City all invoices and documentation reasonably available to Licensee which establishes the nature and scope of the work done and the cost of the same together with a brief written statement by Licensee as to why it believes that the City is responsible for payment of such amounts. City shall reimburse Licensee within thirty (30) days of Licensee's request for reimbursement and/or provide to Licensee a brief written statement explaining why it has not reimbursed Licensee for all, or any portion of such reimbursement request. The failure of Licensee to provide the written materials specified in this section shall not be a defense to payment in any Arbitration but may be considered by the Arbitrator in assessing the costs of the Arbitration and/or in making an award of Attorney's fees and costs.

Licensee shall store or discard all garbage, refuse and other debris in all City provided trash receptacles.

City acknowledges that it has received a copy of the LigaturfRootzone Blend 1.5 Warranty that Licensee has received from AstroTurf. City shall use its best efforts to comply with the maintenance guidelines contained in the LigaturfRootzone Blend 1.5 Warranty and use its best efforts to inform any City authorized users to comply with the LigaturfRootzone Blend 1.5 Warranty when using the Synthetic Field and/or operating the concession service. City shall post a sign outlining the prohibited uses as described in the LigaturfRootzone Blend 1.5 Warranty on the Athletic Field.

City shall have the right to inspect the Premises at any time to determine if there are any maintenance violations. Licensee shall correct each and every violation as soon as possible but no later than seven (7) days after being informed by the City in writing of such maintenance violations, including but not limited to any unsafe, unclean or unsanitary condition.

In the event of an emergency or in the event Licensee fails to correct any maintenance violations which the City reasonably believes creates a significant danger to public health or safety, City shall have the right to close access to Aviation Park, including but not limited to the Premises, to Licensee and the public until Licensee corrects the maintenance violation without any liability for any resulting business loss or damage to Licensee. If Licensee shall fail, within seven (7) days to correct the condition, City shall also have the right, but not the obligation, to remedy the condition(s) and charge the cost to Licensee without any liability for any resulting business loss or damage to 10 Licensee.

In the event of damage to or destruction of the Synthetic Field or other improvements made by Licensee upon the Premises, or it is declared that it is unsafe or unfit for use, Licensee shall diligently pursue to complete the repair of the Synthetic Field or other improvements necessary to permit full use of the Premises for the purposes required under this Agreement.

Nothing in this Agreement shall preclude Licensee from pursuing any third party to recover costs of any maintenance or repair or other damage incurred by Licensee as a result of damage to the Synthetic Field. City shall include in any agreement with any third -party user of the Athletic Field, a provision making such third party liable for any cost, expense or loss caused to City or Licensee for any damage to the Synthetic Field and to provide appropriate insurance.

14. City's Obligations.

City shall:

Improve the restroom fixtures, either by cleaning or replacing them.

Use its best efforts to ensure that the chain link fence as set forth in Exhibit “A” remains locked after City's use or that of City's designee.

Use its best efforts, to comply with the terms and conditions of the LigaturfRootzone Blend 1.5 Warranty and use its best efforts to inform its authorized users with the terms and conditions of the LigaturfRootzone Blend 1.5 Warranty.

Erect a sign outlining the types of activities and substances that are prohibited on the Synthetic Field.

Be responsible for trash maintenance on the Premises which includes providing trash receptacles and trash collection services.

Provide Robert J. Ross, Licensee's lender, with a copy of all default, termination, and other notices given to Licensee at the same time they are given to Licensee.

Not agree to any amendment or modification of this Agreement without the prior written consent of Robert J. Ross, Licensee’s lender.

Not allow the Aviation Park Ground Lease to be terminated (or amended or waived in any way that would interfere with the rights of Licensee) as a result of any act or omission of City, its employees, officials, agents or anyone acting with the authorization or approval of the City. City shall give Licensee copies of any notices which may negatively affect Licensee's rights or obligations under this Agreement or any notices claiming a default under the Aviation Park Ground Lease.

15. Indemnity. To the maximum extent permitted by law, Licensee hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively “Indemnitees”) from and against any and all claims, including, without 11 limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Licensee’s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Notwithstanding the foregoing, nothing in this Section 15 shall be construed to encompass Indemnitees’ active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782(b). Licensee’s liability under this Section 15 shall be limited to the extent of the insurance which Licensee is required to carry under the terms of this Agreement. This indemnification obligation shall survive this Agreement. a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Licensee because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Licensee, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.

16. Insurance. Licensee shall comply with the insurance requirements set forth in Exhibit “D” and shall at all times during this Agreement keep such insurance current. Any lapse in insurance requirements is immediate grounds for termination of this Agreement. In the event Licensee fails to maintain in full force and effect any required insurance, City shall have the right to close access to Aviation Park, including but not limited to the Premises, to Licensee and the public until Licensee acquires and shows proof of required insurance. For periods during which City operated the Athletic Field or other portions of the Premises as described in this Agreement, City shall comply with the insurance requirements set forth in Exhibit “D” and shall cause Licensee and Robert J. Ross, as Licensee’s lender, to be named as additional insureds under all policies of liability insurance so required to be carried by City.

17. Signs. Licensee shall not post or place any sign on or about Aviation Park without City's prior written consent. Notwithstanding the above, Licensee shall have the right to place a sign along the Aviation Boulevard boundary of the Athletic Field, subject to the City's approval and Municipal Code requirements. City may revoke its approval upon thirty (30) days notice.

18. Liens. Licensee shall keep Aviation Park free from any liens, charges or encumbrances arising out of any work performed, materials furnished or obligations incurred by Licensee.

19. Utilities. Licensee shall pay for all utilities (including without limitation gas, electricity (not including field lights), heating, water and telephone services) used by Licensee at the Premises. Notwithstanding the foregoing, Licensee shall not be responsible for an electricity charge for the use field lights beyond the amount specified in Section 5 of this 12 Agreement. To the extent that a utility is not separately metered to the Premises, the parties shall agree on an equitable allocation of utility charges.

20. Title. All fixed alterations, additions or improvements (collectively "Improvements") made or suffered to be made by Licensee shall become part of Aviation Park and shall belong to the City upon termination of this Agreement. No Improvements or existing structures shall be removed from Aviation Park or destroyed or damaged during the term of this Agreement.

21. Aviation Park. Except for the Premises and as otherwise set forth in this Agreement, Licensee has no greater rights to use any portion of Aviation Park than any other member of the public. Licensee shall keep all of the Common Areas free and clear of any obstructions and nuisances, to use and allow the use of Common Areas only for ingress and egress and not to cause or permit any Common Areas to be used so as to unreasonably interfere with the right of City or other person in Aviation Park. "Common Areas" shall mean those portions of Aviation Park, other than the Premises, located within the physical boundaries thereof which are made available for the general use, convenience or benefit of all users of Aviation Park, including without limitation, oval track area, the areas that border the track area, restrooms, gymnasium, parking areas, all utility lines and systems, access roads, driveways, sidewalks, pedestrian walkways and other similar areas, in addition to maintenance and equipment areas. The City may at any time establish or change the nature, use, size and composition of the common areas.

22. Condition of Premises. Licensee hereby agrees and warrants that it has investigated and inspected the condition of the Premises and their suitability for Licensee's purposes, and Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises. Licensee acknowledges that City has not made any representations or warranty with respect to the Premises, its condition, or with respect to the suitability for Licensee’s intended use. Licensee hereby agrees that the Premises shall be taken "AS-IS", "with all faults" and City shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, unless provided in Section 14 of this Agreement.

23. Assignment. Licensee shall not assign, transfer, or convey, sublease, or encumber (collectively "assign") all or any of its rights under this Agreement (including any options to extend the term of this Agreement) without first obtaining City's written consent, which consent shall not be unreasonably withheld or delayed. In the event that Licensee shall attempt to assign any or all of its rights under this Agreement without first obtaining such consent, City may, in its discretion, immediately terminate this Agreement and all rights and interest of Licensee therein shall cease and terminate. Any such termination by City shall in no event release Licensee from any obligation that it had prior to the date of termination under this Agreement, nor shall it relieve or release Licensee from the payment of any damages to City which City shall sustain as a result of such violation.

Any purported assignment without the consent of the City is null and void.

Notwithstanding the foregoing provisions, Licensee shall be entitled to assign its rights under this Agreement, either as collateral or absolutely, to Robert J. Ross, as Licensee’s lender (or his designee), without City’s consent. 13 ·
Consent to one assignment shall not be deemed to be consent to any subsequent assignment. In the event of default by any assignee of Licensee or any successor of Licensee in the performance of any of the terms hereof, City may proceed directly against Licensee without the necessity of exhausting remedies against such assignee or successor. The acceptance of rent by City from any other person shall not be deemed to be a waiver by City of any provision hereof. In the case of any assignment of this Agreement to which City shall consent, the assignor shall be released of all obligations under this Agreement first accruing prior to the effective date of the assignment.

24. Termination. City may, upon ten (10) days written notice to Licensee, terminate this Agreement without any further obligations to Licensee if Licensee has breached this Agreement and Licensee has failed to correct the breach during said ten (10) day period; provided however, that if the default cannot reasonably be cured within ten (10) days, Licensee shall not be in default of this Agreement if Licensee commences to cure the default within the ten (10) day period and diligently and in good faith continues to cure the default. If the default cannot be cured within three months, City may terminate this Agreement.

Notwithstanding the foregoing, and subject to the right of Licensee to cure such default within the 72 -hour period, City may terminate the Agreement upon seventy -two (72) hours' notice for any of the following reasons:

If a petition under any federal bankruptcy laws is filed by or against Licensee, or an action under any present or future insolvency law or statute is filed by or against Licensee, or Licensee is adjudicated a bankrupt;
14 If Licensee voluntarily vacates, abandons (failure to occupy the Athletic Field for fifteen (15) consecutive days when it would otherwise be entitled to occupy the Athletic field, and under circumstances evidencing an intention not to return to occupancy, shall be deemed an abandonment), or discontinues all of its operations and services, under circumstances evidencing an intention to discontinue its operation and services permanently;
In the event of an emergency or natural catastrophe which renders Aviation Park or the Premises permanently unsafe or permanently unavailable for its intended use; If Licensee commits an act or activity which could result in substantial damage to the Premises or its operations, or which is in direct and substantial interference with the use of the Premises;
Upon failure of Licensee to supply City with any of the certificates of insurance required herein or to maintain in full force and effect any required insurance; Upon the occurrence of any act or omission which results in the suspension or revocation of any license, permit or authority that terminates the conduct and operation of the operations hereunder by Licensee;
Failure to pay any monetary obligation hereunder when due, if the failure continues for five (5) days after notice has been given to Licensee; Failure to obtain City's approval pursuant to Section 8(c).

Robert J. Ross, Licensee's lender (Ross) may cure any default on behalf of Licensee and such cure shall be deemed a cure by Licensee allowing Licensee to retain its rights under this Agreement. If Ross commences a cure of any default on behalf of Licensee, he shall use his best efforts to notify City that he is undertaking such cure as soon as practicable after commencement of the cure.

Notwithstanding anything to the contrary herein, If City alleges a breach of this Agreement that is not cured after notice by the City, and Licensee and/or Ross dispute such failure to cure, the City may immediately seek binding arbitration pursuant to Section 25 to determine if a of breach of this Agreement has occurred.

In such Arbitration, the Arbitrator will have power to order immediate termination of this License or such other remedy as the Arbitrator believes equitable and appropriate under the circumstances. If a termination is ordered by the Arbitrator then Licensee shall immediately cease use of the Premises and surrender possession of the Storage Area. The City may not deny Licensee, or Ross, use of the Premises or possession of the Storage Area until such time as an Arbitrator determines that they must cease use the Premises and possession of the Storage Area
Upon termination of this Agreement for any reason, Licensee shall immediately cease use of the Premises and surrender possession of the Storage Area In such event, City shall obtain title to the Synthetic Field without any financial obligation to Licensee or its lender provided the Synthetic Field construction is completed. If this Agreement is terminated before the Synthetic Field construction is completed, City shall draw funds from the escrow account to complete construction of the Synthetic 15 Field, at which time the SyntheticField shall belong to the City.

The parties acknowledge that this Agreement is subject to the Aviation Park Ground Lease, and this Agreement shall automatically terminate without liability to either party in the event that the Aviation Park Ground Lease shall be terminated for whatever reason through no fault of City or those whom City allows to use Aviation Park. Licensee shall also have the right, but not the obligation, to cure any default(s) in the Aviation Park Ground lease and charge the cost of such cure(s) to the City without any liability for any resulting damage to the City. Licensee shall also be entitled to recover from City for any loss incurred by Licensee as a result of City’s breach of the Aviation Park Ground Lease.

25. Arbitration. The parties agree that all disputes, including any claim in law or equity, and other matters between the parties hereto, arising out of or relating to, in any manner, this Agreement or the breach thereof, including whether or not such dispute, claim or matter is subject to this Arbitration Provision, shall be decided in arbitration in accordance with the provisions or California Code of Civil Procedure § 1282 et seq. If any third party, not subject to this Arbitration Provision, is a party to any dispute, claim, action or proceeding, any such action or proceeding shall be stayed in conformity with the provisions of the Federal Arbitration Act. Notice of the Demand for Arbitration shall be filed in writing with the other party. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the Demand for Arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrator(s) shall be final, and judgment may be entered there upon in accordance with applicable law in any court having jurisdiction thereof.
“ARBITRATION OF DISPUTES”
“NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS SET FORTH IN THIS SECTION 25

DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND

YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF

YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS

PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS.

YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT

DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION."
__________ __________
initials initials

26. Notices. All notices required or permitted to be given under this Agreement shall be personally delivered or mailed to the below listed addressees:
16 Licensee:

South Bay Sports, LLC Dennis Fox, Manager
P.O. Box 755
Hermosa Beach, California 90254
Licensee's Lender:

Robert J. Ross
709 17th Street
Santa Monica, California 90402
City:

City of Redondo Beach
Department of Recreation and Community Services 1922 Artesia Blvd Redondo Beach, CA 90278

27. Brokers. Licensee acknowledges, represents and warrants that Licensee has not hired, retained or agreed to pay any entity or person any fee, commission, percentage gift, or any other consideration, contingent upon, or resulting from the award of making of this Agreement.

28. Independent Contractor. Licensee acknowledges, represents and warrants that Licensee is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent contractor. City shall not be responsible for payment of any salaries, wages or compensation to Licensee's employees.

29. Taxes and Assessments. Licensee shall have the obligation to pay for any tax, assessment, fee, charge, penalty or other imposition imposed by any governmental authority regarding its use, operation, or business activities under this Agreement.

Pursuant to Revenue and Taxation Code §107.6(a), Licensee acknowledges that this Agreement may create a possessory interest subject to possible taxation.

30. Waste. Neither party, nor those which it allows to use the Premises shall cause, maintain or permit any nuisance in, on or about Aviation Park or the Premises or commit or allow to be committed any waste in or upon Aviation Park or in connection with any uses conferred by this Agreement.

31. Compliance with Laws. Licensee shall comply with all federal, state, and local laws, statues, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation environmental laws and employment discrimination laws.

32. Discrimination. In connection with this Agreement, Licensee shall not discriminate against any person on the basis of race, religion, color, sex, age, national origin, or physical handicap. Licensee hereby certifies and agrees that, in all matters affecting this Lease, it will comply with all applicable federal, State, and local laws and regulations prohibiting discrimination of any kind, including but not limited to, the Federal Civil Rights Act of 1964, Unruh Civil Rights Act, Cartwright Act, State Fair Employment Practices Act, and Americans with Disabilities Act.

33. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter thereof and supersedes any previous oral or written 17 agreement. This Agreement may be modified or amended only by a subsequent written instrument executed by both parties and approved as to form by the City Attorney and approved by the City Council.

34. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and supersedes any previous Agreements, oral or written. The Agreement may be modified, and provisions waived only by subsequent mutual written Agreement, executed by City and Licensee.

35. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Licensee.

36. Exhibits. All exhibits hereto are made a part thereof and incorporated herein by reference.

37. Time of Essence. Time is of the essence. Licensee shall not be responsible for performance delays caused by others, or delays beyond Licensee's control.

38. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement, and Robert J. Ross, as Licensee’s lender, shall not be considered "third parties."

39. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.

40. Attorney's Fees. In the event either party to this Agreement brings an action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to attorney's fees (including expert witness fees) and costs. This provision shall survive the termination of this Agreement.

41. Claims. Any claim by Licensee against City hereunder shall be subject to Government Code §§800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

42. Interpretation. This Agreement shall be interpreted as if drafted by both parties.

43. Amendment. This· Agreement may be amended or modified only by a subsequent written instrument executed by both parties.

44. Severability. Any provision of this Agreement to be found invalid or unenforceable shall be deemed severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.

45. Authority. City warrants and represents that upon City Council approval, the Mayor of 18 the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Licensee warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Licensee and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Licensee.

46. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.

47. Waiver of Liability Form. Licensee shall require all community and nonprofit groups using the Premises with the permission of Licensee to sign City's Waiver of Liability form. Attached hereto as Exhibit “E”. Licensee shall provide all signed Waiver of Liability forms to City upon request.

48. Force Majeure. Neither party will be liable for any failure or delay in the performance of its obligations hereunder on account of events beyond the reasonable control of such party, which may include, without limitation, government action, acts of God, war, terrorism, fire, flood, earthquakes or other natural disasters, denial-of-service attacks or communication line or power failures or material shortages or labor conditions provided that such party gives prompt notice to the other party, and use its commercially reasonable efforts to resume performance as soon as reasonably practicable. However, if the Center is damaged to the extent that it is unusable or would require for ninety (90) or more days to be repaired, Contractor shall be entitled to terminate this Agreement and surrender possession of the Center to City without incurring the consequences outlined in Section 13 of this Agreement.
19 IN WITNESS WHEREOF, the parties have executed this Agreement on September 6, 2022 in Redondo Beach, California.

CITY OF REDONDO BEACH
________________________________
William C. Brand, Mayor

SOUTH BAY SPORTS, LLC
By: ________________________________
Name: _____________________________
Title: _______________________________
ATTEST:
________________________________
Eleanor Manzano, City Clerk
APPROVED:
________________________________
Diane Strickfaden, Risk Manager
APPROVED AS TO FORM:
________________________________
Michael W. Webb, City Attorney
EXHIBIT "A"
AVIATION PARK REDONDO BEACH, CA INDEX OF DRAWINGS 1. FIELD RENDERING 2. SOCCER LAYOUT 3. SOCCER DETAILS 4. MOD. SOCCER LAYOUT 5. MINI SOCCER LAYOUT 6. ROLL LAYOUT 7. ROLL DETAILS FIELD RENDERING SCALE: 1" = 40'-0" AS SHOWN COLOR RENDERING 1 LAYOUT NOTES: 1. CONTRACTOR SHALL VERIFY ALL DIMENSIONS 2. STRIPING PER NFHS RULES 3. SOCCER - WHITE 4. MOD. SOCCER - BRT YELLOW 5. COLORS SHOWN FOR REFERENCE ONLY. FINAL COLOR APPROVAL TO BE BASED ON PHYSICAL YARN SAMPLES AND NOT PRINTED COLORS. ASTROTURF AT ITS SOLE DISCRETION RESERVES THE RIGHT TO PREFAB CERTAIN MARKINGS AND/OR FIELD GRAPHICS. THIS SUBMITTAL HAS BEEN SENT FOR REVIEW AND APPROVAL BY THE ARCHITECT/ENGINEER. WORK MAY NOT PROCEED UNTIL AN APPROVED COPY IS RETURNED. REVIEWED BY: ______________________________ REVIEWED DATE: ___________________________ APPROVED Project No: Sheet Title: Date: Drawn By: Sheet Number: Project Name: MO Scale: - 10/31/2019

AVIATION PARK

REDONDO BEACH, CA
TURF AREA: 103,539 SF Issue: Submittal
THIS DRAWING IS THE PROPERTY OF ASTROTURF CORPORATION AND IS NOT TO BE DUPLICATED OR RELEASED WITHOUT THE WRITTEN PERMISSION OF ASTROTURF CORPORATION PRODUCT: LIGATURF RZ BLEND PILE HEIGHT: 1.5" SPORT LINES PRIORITY ORDER : 1. SOCCER 2. MOD. SOCCER TURF COLORS: FL/FG (FGL)- 8387/8380 WHITE (WHT)- 1000 BRT YELLOW (YEL)- 3000 542'-11" TURF LIMITS 80'-1" 381'-8" MOD. SOCCER (I/I) 81'-2" 360' SOCCER (O/O) 207'-9" TURF LIMITS
195' SOCCER (O/O)
SOCCER LAYOUT (WHITE) SCALE: 1" = 30'-0" SOCCER LAYOUT NOTES: 1. CONTRACTOR SHALL VERIFY ALL DIMENSIONS. 2. ALL LINE WORK SHALL BE LAID OUT WITHIN ACCEPTABLE TOLERANCES. 3. ALL LINES ARE 4" IN WIDTH. 4. SIDE LINES, 18YD LINES AND GOAL LINES ARE TUFTED. 5. ALL OTHER SOCCER MARKINGS ARE INLAID. AS SHOWN SOCCER LAYOUT 2 THIS SUBMITTAL HAS BEEN SENT FOR REVIEW AND APPROVAL BY THE ARCHITECT/ENGINEER. WORK MAY NOT PROCEED UNTIL AN APPROVED COPY IS RETURNED. REVIEWED BY: ______________________________ REVIEWED DATE: ___________________________ APPROVED Project No: Sheet Title: Date: Drawn By: Sheet Number: Project Name: MO Scale: - 10/31/2019

AVIATION PARK

REDONDO BEACH, CA
TURF AREA: 103,539 SF Issue: Submittal
THIS DRAWING IS THE PROPERTY OF ASTROTURF CORPORATION AND IS NOT TO BE DUPLICATED OR RELEASED WITHOUT THE WRITTEN PERMISSION OF ASTROTURF CORPORATION PRODUCT: LIGATURF RZ BLEND PILE HEIGHT: 1.5" 360' OUTSIDE TO OUTSIDE 195' OUTSIDE TO OUTSIDE 54' OUT-OUT
132' OUT-OUT
60' OUT-OUT 36' (O/C) 18'
2'
R30' OUT
R30' OUT 9" DIA. INLAID CENTER MARK
132' OUT-OUT 54' OUT-OUT
R30' OUT 18' OUT-OUT
24' GOAL
IN-IN 36' CENTER-OUT
60' OUT-OUT
2' 4"
GOAL AREA 4" INLAID ARC INLAID PENALTY MARK 4" TUFTED GOAL LINE 4" INLAID GOAL AREA 4" INLAID PENALTY LINE 4" TUFTED PENALTY LINE (18YD LINE) R30' OUTSIDE INLAID 9" DIA. CENTER SPOT 4" INLAID SOCCER CENTER CIRCLE 3' 33'
R3' 4" INLAID SOCCER HASH 4" TUFTED GOAL LINE 4" INLAID SOCCER CORNER KICK ARC4" TUFTED TOUCH LINE 6" 4"
12' 4" TUFTED SOCCER GOAL LINE
4" 24' GOAL
IN-IN
12' 4" BREAK IN SOCCER GOAL LINE FOR GOAL PLACEMENT SOCCER GOAL AREA SCALE: 1/16" = 1'-0" SOCCER CENTER CIRCLE SCALE: 1/16" = 1'-0" SOCCER CORNER DETAIL SOCCER GOAL MARKS SCALE: 1/4" = 1'-0" SCALE: 3/8" = 1'-0" VARIES SOCCER DETAILS 3 THIS SUBMITTAL HAS BEEN SENT FOR REVIEW AND APPROVAL BY THE ARCHITECT/ENGINEER. WORK MAY NOT PROCEED UNTIL AN APPROVED COPY IS RETURNED. REVIEWED BY: ______________________________ REVIEWED DATE: ___________________________ APPROVED Project No: Sheet Title: Date: Drawn By: Sheet Number: Project Name: MO Scale: - 10/31/2019

AVIATION PARK

REDONDO BEACH, CA
TURF AREA: 103,539 SF Issue: Submittal
THIS DRAWING IS THE PROPERTY OF ASTROTURF CORPORATION AND IS NOT TO BE DUPLICATED OR RELEASED WITHOUT THE WRITTEN PERMISSION OF ASTROTURF CORPORATION PRODUCT: LIGATURF RZ BLEND PILE HEIGHT: 1.5" MOD. SOCCER LAYOUT (BRT YELLOW) SCALE: 1" = 30'-0" AS SHOWN MOD. SOCCER LAYOUT 4 THIS SUBMITTAL HAS BEEN SENT FOR REVIEW AND APPROVAL BY THE ARCHITECT/ENGINEER. WORK MAY NOT PROCEED UNTIL AN APPROVED COPY IS RETURNED. REVIEWED BY: ______________________________ REVIEWED DATE: ___________________________ APPROVED Project No: Sheet Title: Date: Drawn By: Sheet Number: Project Name: MO Scale: - 10/31/2019

AVIATION PARK

LAY PILE

LAY PILE
LAY PILE LAY PILE LAY PILE LAY PILE LAY DROP FILL DROP FILL 120' x 6'-6" 27A FL/FG W/ 4" WHITE 195'-8" x 15'
26 FL/FG W/ 4" YELLOW
194'-4" x 15'
25 FL/FG W/ 4" WHITE
194'-4" x 15'
24 FL/FG
195'-8" x 15'
1 FL/FG W/ 4" YELLOW
194'-4" x 15'
2 FL/FG W/ 4" WHITE
194'-4" x 15'
3 FL/FG
194'-4" x 15'
21 FL/FG
194'-4" x 15'
20 FL/FG
194'-4" x 15'
19 FL/FG
194'-4" x 15'
18 FL/FG W/ 4" YELLOW
194'-4" x 15'
17 FL/FG
194'-4" x 15'
16 FL/FG
194'-4" x 15'
15 FL/FG
194'-4" x 15'
14 FL/FG
194'-4" x 15'
13 FL/FG W/ 4" WHITE
194'-4" x 15'-2"
4 FL/FG
194'-4" x 15'
5 FL/FG
194'-4" x 15'
7 FL/FG
194'-4" x 15'
8 FL/FG
194'-4" x 15'
9 FL/FG W/ 4" YELLOW
194'-4" x 15'
10 FL/FG
194'-4" x 15'
11 FL/FG
194'-4" x 15'
12 FL/FG 120' x 6'-6" 29A FL/FG W/ 4" WHITE 150' x 6'-6" 28A FL/FG W/ 4" WHITE 194'-4" x 15'
6 FL/FG
194'-4" x 15'
22 FL/FG
194'-4" x 14'-10"
23 FL/FG 120' x 6'-6" 27B FL/FG W/ 4" WHITE 120' x 6'-6" 29B FL/FG W/ 4" WHITE 150' x 6'-6" 28B FL/FG W/ 4" WHITE 200'-8" x 15'
30 FL/FG
190'-1" x 15'
31 FL/FG
173'-10" x 15'
32 FL/FG
149'-11" x 15'
33 FL/FG
113'-10" x 15'
34 FL/FG
200'-1" x 15'
35 FL/FG
189'-2" x 15'
36 FL/FG
172'-6" x 15'
37 FL/FG
147'-11" x 15'
110'-7" x 15'
39 FL/FG
38 FL/FG SYNTHETIC TURF SEAMING LAYOUT SCALE: 1" = 40'-0" TURF SEAMING NOTES: 1. ALL PANELS ARE 15 FOOT PANELS UNLESS DIMENSIONED OTHERWISE. 2. ALL SEAMS ON THE PLAYING FIELD WILL RUN THE SAME DIRECTION. 3. REFER TO PANEL DETAILS FOR SYNTHETIC TURF PANEL LAYOUTS WHICH INDICATE YARDLINES, BORDERS, ETC. AS SHOWN ROLL LAYOUT 6 THIS SUBMITTAL HAS BEEN SENT FOR REVIEW AND APPROVAL BY THE ARCHITECT/ENGINEER. WORK MAY NOT PROCEED UNTIL AN APPROVED COPY IS RETURNED. REVIEWED BY: ______________________________ REVIEWED DATE: ___________________________ APPROVED Project No: Sheet Title: Date: Drawn By: Sheet Number: Project Name: MO Scale: - 10/31/2019

AVIATION PARK

REDONDO BEACH, CA
TURF AREA: 103,539 SF Issue: Submittal
THIS DRAWING IS THE PROPERTY OF ASTROTURF CORPORATION AND IS NOT TO BE DUPLICATED OR RELEASED WITHOUT THE WRITTEN PERMISSION OF ASTROTURF CORPORATION PRODUCT: LIGATURF RZ BLEND PILE HEIGHT: 1.5" YARDLINE PANEL # (1) 180" 46" 4" FL/FG YARDLINE PANEL # (2) 180" 176" 4" FL/FG 130" YARDLINE PANEL # (13) 180" 176" 4" FL/FG 180" 46" 4" FL/FG 130" YARDLINE PANEL # (25) YARDLINE PANEL # (26) 180"
172" SIDELINE PANEL # (27, 28, 29)4" FL/FG4" 180" 176" 4" FL/FG YARDLINE PANEL # (9) 180" 44" 4" FL/FG 132" YARDLINE PANEL # (18) 180" 40" 4" FL/FG 136" AS SHOWN ROLL DETAILS 7 THIS SUBMITTAL HAS BEEN SENT FOR REVIEW AND APPROVAL BY THE ARCHITECT/ENGINEER. WORK MAY NOT PROCEED UNTIL AN APPROVED COPY IS RETURNED. REVIEWED BY: ______________________________ REVIEWED DATE: ___________________________ APPROVED Project No: Sheet Title: Date: Drawn By: Sheet Number: Project Name: MO Scale: - 10/31/2019

AVIATION PARK

REDONDO BEACH, CA
TURF AREA: 103,539 SF Issue: Submittal
THIS DRAWING IS THE PROPERTY OF ASTROTURF CORPORATION AND IS NOT TO BE DUPLICATED OR RELEASED WITHOUT THE WRITTEN PERMISSION OF ASTROTURF CORPORATION PRODUCT: LIGATURF RZ BLEND PILE HEIGHT: 1.5" EXHIBIT "B"
Astro Turf Install Production Schedule
South Bay Sports at Aviation Field, Redondo Beach
Estimated dates
Task Name Duration Start Finish
Aviation Park Mon 10/10/22 Fri 11/11/22
Mobilization 1 day Mon 10/10/22 Mon 10/10/22
Turf Removal 5 days Mon 10/10/22 Fri 10/14/22
Grading 3 days Mon 10/17/22 Wed 10/19/22
Turf Delivery 1 day Thu 10/20/22 Thu 10/20/22
Turf Install 16 days Fri 10/21/22 Fri 11/11/22
Dates are dependent on the contractor booking schedule once agreement is approved by the City of Redondo Beach (+/- two to three days on the back end of the installation).

EXHIBIT "C"
2680 Abutment Rd, Dalton, GA 30721
TF (800) 723 – TURF (8873) [email protected]
Warranty on AstroTurf Synthetic Turf
AstroTurf Corporation, ("AstroTurf") warrants the synthetic grass surface (the “Product”) 2021 Sample Warranty (the “Project”) for a period of eight (8) years from the date of Substantial Completion of Product installation against defects in materials and/or workmanship, including ultraviolet degradation, excessive fading, seam rupture or dislodgment. AstroTurf will repair or replace, as it deems necessary, those materials that exhibit such defects resulting from materials or workmanship, at no cost to the Owner.

AstroTurf also guaranteesthat the average G-Max level of its field will not exceed 165 for the duration of the warranty. If the average of the G-Max readings exceeds 165 during the warranty period, AstroTurf will take whatever measures necessary, at no cost to the Owner, to return the G-Max scores to, or below,165. The recommendations for proper maintenance of your AstroTurf surface, as outlined in our ‘Owner’s Manual and Guidelines’ (attached hereto), shall be considered in determining neglect or proper maintenance of the synthetic grass surface and shall be considered an integral part of this warranty. The Owner is required to keep logs, manuals or other written documentation of all field maintenance completed on the referenced field, clearly showing dates, work completed and specific names of those performing the required maintenance procedures. Failure to perform scheduled maintenance, maintain the required documentation or failure to utilize properly trained maintainers may void thiswarranty.

This warranty, specifically, does not pertain to or obligate AstroTurf in any way regarding material applied or labor performed which was not under AstroTurf’s control or which was supplied or performed by others who are not parties to the performance contract or this warranty. That is, AstroTurf will not warrant the performance or suitability of the sub-base, drainage system, and other items incorporated in the project as a whole. Assistance or recommendations provided to the Owner or his representatives or AstroTurf’s approval of Owner's or his representatives' designs, plans or drawings in no way extend this warranty to materials or workmanship beyond those specifically supplied or controlled by Astroturf.

AstroTurf does not warrant against normal wear and tear, as determined by an independent lab specializing in synthetic grass. AstroTurf also does not warrant against damage caused, directly or indirectly, by accident, improper use, negligence, abuse, neglect, vandalism, machinery, metal cleats or metal spiked shoes, animals, fire, flood, chemical reactions, static or dynamic loads exceeding AstroTurf specifications at the time of substantial completion of installation, the driving of motorized vehicles on the surface that exceed 2500 lbs., the driving of motorized vehicles under 2500 lbs at a speed of more than 5 miles per hour, improper or faulty subsurface preparation, failure of the subsurface after installation including settling of the surface, the use of dry cleaning fluids or improper cleaning methods, change in water table, exposure to light other than natural light or approved artificial light, or other acts of God.

AstroTurf’s obligations under this warranty are restricted to the repair or, at its sole option, replacement of all or a portion of the affected parts covered by this warranty. The remedy of repair or replacement set forth in this warranty shall be the sole remedy and AstroTurf shall have no other obligations or liability in connection with any matter or thing, including without limitation, damages for personal injury or damages related to lost revenue, increased costs, downtime costs and all other indirect or consequential damages.

This warranty is expressly in lieu of all conditions and warranties expressed or implied in fact or in law or otherwise, including without limitation, any implied conditions, or warranties as to merchantability or fitness for a particular purpose. No person or party is authorized to create any obligation or liability for AstroTurf other than the person authorized to execute this warranty for AstroTurf, and only the guarantee expressed herein shall apply.
2680 Abutment Rd, Dalton, GA 30721
TF (800) 723 – TURF (8873) [email protected]
The obligations of AstroTurf under the warranty are subject to full payment of all monies due to AstroTurf for materials and/or labor related to the above referenced Project. AstroTurf will handle all warranty claims promptly so long as the Owner’s account is in good standing at the time of the claim.

Furthermore, all claims by the Owner made under the foregoing warranty shall be invalid and null and void unless made in writing to AstroTurf within eight (8) years from the date of substantial completion of the Project and within thirty (30) days of the Owner learning of the cause giving rise to its claim. This warranty is not transferable and is made between the parties listed below.

Date of Substantial Completion: mm/dd/2021
Issued to Owner: 2021 Sample Warranty
Project Location: 2021 Sample Warranty
Expiration Date: mm/dd/2029
Approved by AstroTurf Corporation:

By: ________________________________ Date: ___________
Vice President of Operations
Witness: ___________________________ Date: ___________
AstroTurf is a registered trademark of the United States Patent and Trademark Office. All rights reserved EXHIBIT "D"
1 EXHIBIT “D”

INSURANCE REQUIREMENTS
Without limiting Licensee’s indemnification obligations under this Agreement, Licensee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Licensee, its agents, representatives, or employees.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

Workers’ Compensation insurance as required by the State of California.

Employer’s Liability Insurance.

Minimum Limits of Insurance
Licensee shall maintain limits no less than:

General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.

Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.

At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Licensee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
2 Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Endorsement:

General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Licensee. General liability coverage can be provided in the form of an endorsement to the Licensee’s insurance, or as a separate owner’s policy.

Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Licensee.

For any claims related to this project, the Licensee’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Licensee’s insurance and shall not contribute with it.

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.

Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Licensee’s part.

Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
3 Verification of Coverage
Licensee shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

Subcontractors
Licensee shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Risk Management
Licensee acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. Licensee acknowledges that the project as defined in this Agreement between Licensee and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Licensee shall perform all work on the project as a public work. Licensee shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Pursuant to Labor Code Section 1771.4, Licensee shall post job site notices, as prescribed by regulation.

4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Licensee acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Licensee shall post such rates at each job site covered by this Agreement.
4 5. Licensee shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Licensee shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Licensee or by any subcontractors.

6. Licensee shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Licensee and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records.

7. Licensee shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Licensee shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Licensee shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Licensee and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.

8. Licensee acknowledges that eight (8) hours labor constitutes a legal day’s work. Licensee shall comply with and be bound by Labor Code Section 1810. Licensee shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Licensee shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Licensee or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Licensee in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/2 times the basic rate of pay.

9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Licensee hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

10. For every subcontractor who will perform work on the project, Licensee shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Licensee shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each 5 subcontractor shall comply with those statutory provisions. Licensee shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Licensee shall diligently take corrective action to halt or rectify any failure.

11. To the maximum extent permitted by law, Licensee shall indemnify, hold harmless and defend (at Licensee’s expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent Licensees, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Licensee, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Licensee under this Section shall survive termination of the Agreement.

EXHIBIT "E"
City of Redondo Beach │ Community Services Department

WAIVER OF RELEASE & LIABILITY
WAIVER AND RELEASE OF LIABILITY. I, the undersigned, do fully understand that participation in this activity conducted on facilities owned or operated by the City of Redondo Beach (“City”), exposes me to the risk of personal injury, illness, death, and property damage. All such risks are deemed to be inherent to my participation in the activity. By this Agreement, the participant is deemed to fully assume all such risks and, in consideration for the right to participate in activity, understand and agree that to the fullest extent allowed by law they are waiving and releasing any potential future claim they might otherwise have been able to assert against the City, its elected and appointed officials, employees, and volunteers (“City Parties”) by or on behalf of the participant. I, for myself, and my heirs, personal representatives, and/or assignees, hereby agree to release and hold harmless the City Parties from any liability, claims, damages, costs or expenses that may result from my participation in the activity, including those resulting from the active or passive negligence of the City.

INDEMNIFICATION AND HOLD HARMLESS. I also agree to indemnify and hold the City of Redondo Beach, harmless from any and all claims, actions, suits, procedures, cost expenses, damages and liabilities, including attorney fees brought as a result of my participation in the activity and to reimburse the City Parties for any such expenses incurred in defense of such claims or actions.

MEDIA RELEASE. Participants involved in this activity, may be photographed or recorded and such photography or recordings may be used to publicize City programs/activities in any media. I hereby authorize and consent to any such publications or reproductions, without compensation, and without reservation or limitation.

SEVERABILITY. I expressly agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted under California law and that if any provision of this document is held invalid, it is agreed that the balance shall continue in full legal force and effect.

BY AGREEING: (1) I am giving up substantial actual or potential rights in order to participate in this activity; (2) I agree to this Agreement without any inducement or assurance of any nature, and with full appreciation of the risks inherent in the activity; (3) I have no question regarding the scope or intent of this Agreement; (4) I have the right and authority to enter into this Agreement, and to bind myself, and any other family member, personal representative, assign, heir, trustee, or guardian to the terms of this Agreement.

I have read this Waiver of Release & Liability, and fully understand its terms and significance. I willingly agree to comply with the stated and customary terms and conditions of participation.

Team Name: __________________
Participant Name: __________________ Age: ____ Phone #________________ Address: _____________________________________
Participant Signature: ___________________________ Date: _______________ If participant is a minor parent/ guardian signature is required.

Redondo Beach City CouncilSeptember 6, 2022

Redondo Beach City Council
September 6, 2022