City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-00445 2/18/2025 Consent Item 7.
Lease: East Portal Bocce Club for the Bocce Complex Located at East Portal Park File ID: 2025-00445
Location: District 4, Represented by Councilmember Pluckebaum Recommendation: Pass a Motion: 1) finding that it is in the best interest of the City to lease the Bocce Complex, located in East Portal Park and as described in the attached lease, without competitive bidding; 2) approving a new 5-year lease agreement with a 5-year extension option for the Bocce Complex; and 3) authorizing the City Manager or the City Manager’s designee to execute the lease agreement in substantially the same form attached hereto.
Contact: Jason Wiesemann, Park Planning and Development Manager, (916) 808-7634, [email protected], Department of Youth, Parks, & Community Enrichment Presenter: None
Attachments:
1-Description/Analysis
2-Lease Agreement
Description/Analysis
Issue Detail: East Portal Bocce Club (EPBC) is a non-profit tax-exempt organization with historic roots in East Portal Park. On September 21, 2021, the Sacramento City Council unanimously adopted a landmark Resolution designating the neighborhood surrounding East Portal Park “between 48th and 59th streets bounded by J Street to Folsom Boulevard” as “the Historic ‘Little Italy’ District,” and expressly recognizing the historic significance of “the East Portal Bocce Club which operates Bocce leagues in the neighborhood park.” Through its extensive network of volunteers, EPBC has contributed to the operation, maintenance, and repair of the Bocce Ball Courts and related fixtures located at East Portal Park, 1120 Rodeo Way, Sacramento (Bocce Complex) for decades. Most recently, EPBC was granted priority use of the Bocce Complex under a Priority Use Agreement which expired on December 31, 2022.
Over the last several decades, EPBC has invested resources in the maintenance and improvement of the Bocce Ball Courts, including the recent installation of a new shade structure over court number
File ID: 2025-00445 2/18/2025 Consent Item 7.
5. EPBC is currently working to repair significant damage to the shade structure over courts 1 and 2 that were damaged in the storms a few years ago.
Staff recommend that the City Council find it is in the best interest of the City to suspend competitive bidding and lease the complex to EPBC, in exchange for the organization’s agreement to continue providing ongoing maintenance and improvements.
Under the terms of the lease, YPCE retains the right to use the Bocce Ball Courts at least twelve days per year for community programming.
Policy Considerations: The provisions of the Sacramento City Code section 3.68.110E, allow, if the City Council finds it in the best interests of the City, it may lease City-owned property without bidding to a nonprofit tax-exempt community organization with a membership comprised predominantly of persons residing in the City limits, so long as the lease term does not exceed ten (10) years.
Economic Impacts: Not applicable.
Environmental Considerations: Not applicable.
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: EPBC partners with local organizations to host several events each year. They have partnered with disabled veterans, senior groups and youth programming to teach the game of bocce. Recent event included a tournament to benefit American Breast Cancer Society. The terms of the proposed lease also allow the Department of Youth, Parks, & Community Enrichment to provide public programming to introduce the game of bocce to new players and community youth up to twelve days annually.
Financial Considerations: EPBC will not be required to pay rent. In exchange EPBC shall maintain the courts in good order, condition and repair, reasonable wear and tear excepted. Maintenance of the Courts shall include: removal of trash and any plant materials, repair and replacement of bocce court components, repair and replacement of the fence and gate, including removal of graffiti or otherwise addressing vandalism, repair and replacement of the kiosk, including removal of graffiti or otherwise addressing vandalism, repair of the shade structures as needed to maintain the safety of the courts, and maintenance and repair of any other improvements installed by EPBC, and any other maintenance as required and/or determined by the City
Local Business Enterprise (LBE): Not applicable.
@BCL@741432A3
1 LEASE AGREEMENT FOR BOCCE BALL COURTS
EAST PORTAL PARK
This Lease Agreement (“Lease”) is made as of _________________, 2025 (“Execution Date”) by and between the CITY OF SACRAMENTO, a municipal corporation, (“City” or “Lessor”) and EAST PORTAL BOCCE CLUB, a California non-profit corporation, (“EPBC” or “Lessee”).
BACKGROUND
A. EPBC has historic roots in East Portal Park. On September 21, 2021, the Sacramento City Council unanimously adopted a landmark Resolution designating the neighborhood surrounding East Portal Park “between 48th and 59th streets bounded by J Street to Folsom Boulevard” as “the Historic ‘Little Italy’ District,” and expressly recognizing the historic significance of “the East Portal Bocce [C]lub which operates Bocce leagues in the neighborhood park.” Through its extensive network of volunteers, Lessee has contributed to the operation, maintenance, and repair of the Bocce Ball Courts and related fixtures located at East Portal Park, 1120 Rodeo Way, Sacramento (Bocce Complex) for decades. Most recently, Lessee was granted priority use of the Bocce Complex under a Priority Use Agreement which expired on December 31, 2022.
B. Over the last several decades, Lessee and City have both invested resources in the maintenance and improvement of the Bocce Ball Courts, including the installation of fencing, shade structures, lighting, storage facilities, sign boards, bleachers, benches, an informational kiosk, and other equipment.
C. Lessee and Lessor both desire to enter into a longer-term agreement detailing the terms of Lessee’s continued use of the Bocce Complex to replace the expired agreement.
NOW, THEREFORE, City and Lessee enter into this Lease for the purpose of establishing each party's rights and obligations with regard to the occupancy, use, and maintenance of the Bocce Ball Courts as follows:
AGREEMENT
1. DESCRIPTION OF LEASED PREMISES.
Subject to the terms and conditions in this Lease, City leases to Lessee, and Lessee leases from City, the Bocce Complex located at East Portal Park at 1120 Rodeo Way and reflected in Exhibits A-1 and A-2, including the five bocce ball courts, the tube steel fence and three gates surrounding the bocce ball courts, the three shade structures, the sign boards inside the fenced area, the three sets of bleachers, the storage shed, the five locked ball boxes, the 20 ball stands, the drinking fountain, the five scoreboards inside the fenced area, and the information kiosk located outside the fence and gate (collectively, the “Bocce Complex”).
Lessee also maintains its own additional equipment and personal property that are not fixtures, such as picnic tables, umbrellas, bocce balls, leaf blowers, and other removable equipment needed for operations and maintenance of the Bocce Complex.
@BCL@741432A3
2 2. TERM.
A. Initial Term. This Agreement is effective for five (5) years commencing on _________, 2025, and ending on _________, 2030.
B. Extension Options. Subject to City’s consent, which shall not be unreasonably withheld, Lessee shall have the option to extend the term of this Lease by an additional five (5) years (the "Extension Term") following expiration of the Initial Term, by giving written notice to the City no less than one hundred and twenty (120) days, but not more than one (1) year, before the expiration of the Initial Term.
C. Holdover. If Lessee shall for any reason holdover beyond the Initial Term or the Extension Term with City's consent, express or implied, such holding over shall not be a renewal of this Lease but shall be a month-to-month tenancy subject to the terms and conditions of this Lease.
3. RENT.
Lessee assumes responsibility for the maintenance of the Courts as set forth in Sections 4 and 5, below. Given this financial commitment, the City does not require a separate rent payment.
4. PERMITTED USE AND OPERATION REQUIREMENTS
A. Lessee shall, at its cost, keep and maintain the Premises in a safe, clean, sanitary, orderly and attractive condition at all times.
B. Lessee’s members shall have the right to use the Courts during regular park hours (sunrise to sunset) and until 10:00 p.m. for lighted league related practice, matches and tournaments, subject to Lessee’s obligation to make the Courts available to the public during agreed upon times, as set forth in this section. So long as Lessee is not in default under this Lease, City shall not issue to any person or group, other than Lessee, a permit to use the Courts.
C. Public Use and Programming.
(1) Lessee shall allow for the public to become members of the Club so that they can use the Courts during games organized by Lessee and shall post information on the kiosk regarding how to become a club member. Lessee shall maintain a website that invites the community to learn about and play bocce.
(2) The Department of Youth, Parks, & Community Enrichment shall have the right to provide public programming to introduce the game of bocce to new players and community youth twelve days annually. The parties will meet quarterly to agree upon a schedule and other details for the City’s programming.
@BCL@741432A3
3 D. Limits on use of Kiosk. Lessee shall not place any permanent or temporary signage on the Kiosk, including, without limitation, commercial or advertising signs, unless the sign is related to the name of Lessee, a program or event at the Courts. All information on the Kiosk must be in compliance with City’s then current Sign Code. Any information placed in violation of City’s Sign Code shall be subject to immediate removal by City without compensation or liability to Lessee, and Lessee shall be responsible for all costs associated with such removal.
E. Lessee shall conduct its activities in a safe manner and in accordance with all applicable laws, codes, orders, regulations and ordinances of all governmental authorities having jurisdiction over the Premises and the activities therein. Lessee shall not discriminate on the ground of race, color, national original, religion, sex, sexual orientation, gender identity, marital status, disability, or any other legally protected characteristic.
F. Lessee shall not deposit, spill, pour, discharge or otherwise release into, or through the soil or groundwater on the Courts any hazardous materials. The terms “hazardous materials” shall include any substance, waste, material, or pollutant which poses a hazard to the environment or causes the Courts to be in violation of any federal, state or local law relating to contamination of real property.
G. If any employees, volunteers or subcontractors of Lessee who are to perform services at the Courts are in a position to exercise supervisory or disciplinary authority over any minor child, then Lessee shall first obtain a Department of Justice (DOJ) clearance for all such employees and volunteers, and require such clearance be provided by its subcontractors and their employees and volunteers, prior to any such persons exercising such supervisory or disciplinary authority over minors at the Courts. Lessee shall submit proof or certification of such DOJ clearances to City upon request. Any person who has been convicted of an offense listed in Public Resources Code Section 5164 shall be prohibited from working or performing services at the Courts.
5. MAINTENANCE, SERVICES, AND UTILITIES.
A. At no cost to City, Lessee shall maintain the Courts in good order, condition and repair, reasonable wear and tear excepted. Maintenance of the Courts shall include:
(1) Removal of trash and any plant materials.
(2) Repair and replacement of bocce court components.
(3) Repair and replacement of the fence and gate, including removal of graffiti or otherwise addressing vandalism.
(4) Repair and replacement of the Kiosk, including removal of graffiti or otherwise addressing vandalism.
(5) Repair of the shade structures as needed to maintain the safety of the Courts. (6) Maintenance and repair of any other improvements installed by Lessee pursuant to section 7, below.
B. City may, but is not obligated to, undertake major repairs of the Courts. If City determines that Lessee has failed to properly maintain and repair any capital @BCL@741432A3
4 improvements, fixtures, or equipment it installs on the Courts, City shall inform Lessee of such determination and provide Lessee with a reasonable opportunity to cure of at least thirty (30) days. If Lessee fails to cure after reasonable opportunity to do so, City may, but is not required to, perform the maintenance or repair work at Lessee’s expense, as set forth below.
C. Lessee shall notify City within ten (10) days in the event that any major damage occurs to, or is discovered on, the Courts and Lessee’s recommended plan for remedying the problem. “Major damage” is defined as such damage to the Courts which occurs as a result of any single incident, such as an accident or damage from a storm or vandalism, and will require an expenditure of more than $5,000 to remedy. City may require Lessee to prepare a report regarding the cause of the major damage and such report shall be submitted to City within fifteen (15) days from the date of the request. Costs to repair major damage to vertical structures shall be borne by City to the extent covered by City’s all risk property insurance or by state or federal disaster recovery funds.
D. In the event of partial or total destruction of the Premises during the Term of this Lease from any cause, the Parties shall meet to determine whether insurance proceeds or other revenues are available to cover the costs of the necessary repairs. City may order Lessee to refrain from use of those portions of the Courts which are damaged and deemed unsafe or unsuitable for use, or to take other measures to protect users and the Premises until such repairs can be made.
E. If the costs of needed repairs exceed the resources available to undertake the corrective work, the Parties shall meet to determine if the Courts, without such repairs, are unsafe or unsuitable for public use and whether the Lease will be terminated or if it can be modified to restrict use of certain areas of the Courts until funding can be identified for the necessary corrective work and the corrective work can be completed. If the Parties are unable to mutually agree on the proper course of action, City shall have the right to suspend all use of the Courts if it determines, in its sole discretion, that the Courts are unsafe or unsuitable for use.
F. If, at any time, Lessee does not have available funding or is otherwise unable to maintain the Courts, after consultation with Lessee, City may elect to perform such work, but such right shall not be construed as constituting a duty upon City to perform such work.
Prior to City performing such work, City shall give written notice of its intention to perform the work and the estimated cost to Lessee, if any. City may repair or replace the Courts in a manner consistent with City’s standards, or it may elect to not to repair the Courts and terminate this Lease.
6. CITY’S RIGHT OF ENTRY.
This Agreement does not limit City’s right to enter the Courts at all reasonable times for the purpose of inspecting, maintaining, or repairing the Courts and related facility improvements. City will provide reasonable notice to Lessee.
@BCL@741432A3
5 7. CAPITAL IMPROVEMENTS, FIXTURES, AND EQUIPMENT.
At its cost, Lessee may install capital improvements, fixtures, or equipment (“Improvement Projects”) within the leased premises, subject to prior written approval from the Department of Youth, Parks, & Community Enrichment (“YPCE”) and the conditions set forth below:
A. Prior to beginning any Improvement Project, Lessee shall submit a Park Enhancement Request via: https://forms.cityofsacramento.org/f/ParkEnhancement for review and approval by YPCE. City may require the submittal of additional detail, including but not limited to, architectural plans, landscape plans, shop drawings, manufacture/product specifications, materials list, safety data sheets, and necessary equipment lists.
B. Prior to beginning any Improvement Project, Lessee shall also, at its sole expense, obtain all necessary permits which may be required from any governmental agencies for any Improvement Projects. Lessee shall provide copies of all permits to City prior to the start of work.
C. Improvement Projects must be completed in accordance with the specifications approved in writing by City, at the Lessee’s expense.
D. All capital improvements, fixtures, or equipment permanently installed on or affixed to the Courts by Lessee shall become the property of City upon the completion without payment of any compensation to Lessee.
E. Lessee shall not suffer or permit to be enforced against the Courts or any part of the park, any mechanic's, material man’s, contractor's, or subcontractor's lien arising from any work of improvement, however it may arise. Lessee shall defend and indemnify City against all liability and loss of any type arising out of work performed on the Courts by Lessee, its agents or contractors, together with reasonable attorney’s fees and all costs and expenses incurred by City in negotiating, settling, defending or otherwise protecting against such claims.
F. Lessee shall also pay before delinquency all lawful taxes, assessments, fees, or charges that at any time may be levied by the State of California, County of Sacramento, City, or any possessory interest tax or assessment imposed for Lessee’s interest in this Agreement to use the Courts and the improvements on the Courts constructed by Lessee.
G. Notwithstanding any contrary provision in this Agreement, the City shall have the right to complete Improvement Projects or other construction projects on the Premises at its own expense.
@BCL@741432A3
6 8. INSURANCE.
During the term of this Agreement, Lessee shall maintain in full force and effect at its own cost and expense, the insurance coverage described in Exhibit B.
9. INDEMNITY.
Lessee shall fully defend, indemnify and hold harmless City and its officers, employees, agents and volunteers from and against all actions, damages, costs, liability, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by City (whether outside counsel or City staff attorneys) and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Lessee, its officers, directors, agents, employees, volunteers, members, participants, invitees, contractors, or subcontractors, and their respective officers and employees, in connection with the performance or nonperformance of this Lease, and whether or not such Liabilities are litigated, settled or reduced to judgment.
The existence or acceptance by City of any insurance policy or coverage shall not affect or limit any of City’s rights under this section, nor shall the limits of such insurance limit the liability of Lessee hereunder. The provisions of this section shall survive any expiration or termination of this Lease.
10. SECTION OMITTED
11. NO JOINT VENTURE.
This Lease does not create between the parties a joint venture, partnership, or any other relationship of association.
12. DEFAULT.
During the term of this Lease, Lessee shall comply with the conditions, obligations, and restrictions set forth in this Lease. Violation of any of these provisions shall be a breach of this Lease and City shall be entitled to recover its damages from Lessee and cancel this Lease for default, consistent with Section 13, below.
13. TERMINATION.
Either party may terminate this Lease upon 30 days advance written notice in the event the other party is in default. Unless a different time period is set forth elsewhere in this Lease, a party shall be deemed to be in default only after receipt of written notice from the other party specifying the nature of the violation and not having cured said violation within sixty (60) days after receipt of the notice; provided, however, that if the failure cannot reasonably be cured within sixty (60) days, then the alleged defaulting party shall not be in default under this Lease if it commences to cure the failure within the sixty (60) day period and diligently and in good faith @BCL@741432A3
7 continues to cure the failure thereafter. City shall have the right to suspend all use of the Courts if it determines, in its sole discretion, that the Courts are unsafe or unsuitable for use during the cure period.
14. TIME OF THE ESSENCE
Time is of the essence in the performance of both parties’ obligations under this Lease.
15. ASSIGNMENT.
Neither party may directly or indirectly assign any interest in this Agreement without the prior written consent of the other party. Lessee may not directly or indirectly use, or permit to be used, the Courts or improvements installed on the Courts for security for any debt. Excepting only a change in name, the term “assignment” includes any change in the form of the legal entity of the Lessee, any merger or consolidation of Lessee from that of a California nonprofit corporation, whether voluntarily or by operation of law, except that a change of status due only to a change in the California Corporation Code will not be deemed to be an assignment.
16. NOTICES.
Any notice or other communication required by this Agreement must be in writing and must be delivered personally, via email, or sent by certified or registered mail, or by overnight courier, postage prepaid, to the following addresses. Notices of default, breach, termination, or other notices that significantly affect either party’s rights must be sent by certified or registered mail, or by overnight courier, postage prepaid:
If to City:
Department of Youth, Parks, & Community Enrichment
Attention: Jason Wiesemann
915 I Street, 3rd Floor
Sacramento, CA 95814
Email: [email protected]
Phone: 916-808-7634
If to Lessee:
President, East Portal Bocce Club
P.O. Box 19466
Sacramento, CA 95819
Email: [email protected]
Phone:916-416-7327
18. COMPLIANCE WITH LAWS.
Lessee, its officers, members, and invitees, shall comply with all applicable laws, regulations, court orders and other legal requirements when using the Bocce Complex.
19. MODIFICATION; WAIVER.
@BCL@741432A3
8 No amendment of this Agreement will be effective unless it is in writing and signed by the parties. No waiver of satisfaction of a condition or nonperformance of an obligation under this Lease will be effective unless it is in writing and signed by the party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other condition or nonperformance of any other obligation.
20. SEVERABILITY.
If any provision of this Lease is unenforceable to any extent, the remainder of this Lease, or application of that provision to any persons or circumstances other than those as to which it is held unenforceable, will not be affected by that unenforceability and will be enforceable to the fullest extent permitted by law.
21. HEADINGS.
The headings in this Lease are provided for convenience only and do not affect its meaning.
22. AMBIGUITIES.
The parties have each carefully reviewed this Lease and have agreed to each term. No ambiguity will be presumed to be construed against either party.
23. AUTHORITY.
The person signing this Lease for Lessee represents that they are fully authorized to sign this Lease on behalf of Lessee and to bind Lessee to the performance of its obligations under this Lease.
24. ENTIRE AGREEMENT.
This Lease constitutes the entire agreement of the parties relating to use of the Courts and supersedes any prior written or oral agreements or communications between the parties.
[Signatures on Following Page]
@BCL@741432A3
9 CITY OF SACRAMENTO
By _____________________
Jackie Beecham, Director
Department of Youth, Parks, & Community Enrichment
For Leyne Milstein, Interim City Manager
ATTEST:
By _________________________
Assistant City Clerk
APPROVED AS TO FORM:
By ____________________________
Senior Deputy City Attorney
EAST PORTAL BOCCE CLUB
By ____________________________
Name: Jay James
Title: President, East Portal Bocce Club
@BCL@741432A3
10 Exhibit A-1. Aerial Photo of East Portal Park Bocce Complex
East Portal Bocce Club
Lease – Bocce Ball
Courts and Kiosk only.
@BCL@741432A3
11 Exhibit A-2 Schematic Plan of East Portal Bocce Complex
@BCL@741432A3
12 EXHIBIT B: INSURANCE REQUIREMENTS
During the Term of this Lease, LESSEE shall maintain in full force and effect at its own cost and expense the following insurance coverages. By requiring the insurance herein, City does not represent that the coverage and limits will necessarily be adequate to protect LESSEE. It is understood and agreed by LESSEE that the required insurance coverage and limits shall not be deemed as a limitation on LESSEE’s liability under the indemnities granted to City in this Lease.
Insurance requirements are subject to review and revision every five (5) years to ensure that policy terms, conditions, and limits are maintained in accordance with current insurance industry standards for comparable premises and buildings.
A. Minimum Scope & Limits of Insurance Coverage
General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) . The policy shall include coverage for premises, operations, products and completed operations and contractual liability and liquor liability for the term of the policy. The policy shall include a fire legal liability limit of $250,000 per occurrence.
B. Additional Insured Coverage
City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of activities performed by or on behalf of LESSEE, including products and completed operations of LESSEE and premises owned, leased or used by LESSEE.
C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(1) LESSEE’s insurance shall be primary as respects City, its officials, employees and volunteers. Any insurance or self -insurance maintained by City, its officials, employees or volunteers shall be in excess of LESSEE’s insurance and shall not contribute with it.
(2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees or volunteers.
(3) Coverage shall state that LESSEE’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
@BCL@741432A3
13 (4) City will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms.
D. Acceptability of Insurance
Insurance shall be placed with insurers with a Bests’ rating of not less than A:V.
Self-insured retentions, policy terms or other variations that do not comply with the foregoing requirements must be declared to and approved by City Risk Management Division.
E. Verification of Coverage
LESSEE shall furnish City with certificates and r equired endorsements evidencing the insurance required. The certificates and endorsements shall be forwarded to City’s representative. Copies of policies shall be delivered to City on demand.
Certificates of insurance shall be signed by an authorized repre sentative of the insurance carrier.
(1) LESSEE shall provide initial insurance documents to City’s representative upon request, prior to execution of the Lease. All future insurance renewal documents shall be sent to:
City of Sacramento
c/o EXIGIS LLC
P.O. Box 947
Murrieta, CA 92564
Insurance certificates also may be e-mailed to:
[email protected]
(2) City may withdraw its offer or cancel this Lease if the certificates of insurance and endorsements required have not been provided prior to execution of this Lease. Failure to provide insurance certificates and endorsements and keep such certificates and endorsements current will be considered a material breach by LESSEE of this Lease.
F. Contractors
LESSEE shall require and verify that all sublessees, contractors, and subcontractors maintain insurance coverage that meets the minimum scope, requirements, and limits of insurance coverage specified above, in addition to the following coverages:
@BCL@741432A3
14 (1) Auto Liability Insurance is required providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dolla rs ($1,000,000) combined single limit. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the LESSEE. City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds.
(2) Workers’ Compensation Insurance is required with statutory limits, including a waiver of subrogation in favor of City and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000).