8K
Date: June 23, 2026
To: Honorable Mayor and Members of the City Council
From: Ted Stevens, Community Services Director
By: Brent Rivas, Administrative Analyst | [email protected] Subject: Community Services – Approve Third Amendment to Lease Agreement for Use of Senior Baseball Field at Entradero Park and Adopt Categorical Exemption Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Class 1 – Existing Facilities). Expenditure: None.
RECOMMENDATION
Recommendation of the Community Services Director that City Council:
1. Approve a third amendment to the lease agreement with West Torrance Field Restoration, Inc. of Torrance, CA (C2016-086), for the use of the senior baseball field at Entradero Park for an additional five-year (5) period beginning July 1, 2026 and ending June 30, 2031; and
2. Adopt a finding of categorical exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Class 1 – Existing Facilities).
FUNDING
None required.
DISCUSSION
On June 28, 2016, City Council approved lease agreement C2016-086 with West Torrance Field Restoration, Inc. (WTFR) for the renovation, maintenance, and operation of the senior baseball field located at Entradero Park, 5500 Towers Street. The agreement established an initial 10-year term through June 30, 2026, with two optional five-year extensions at the City’s discretion.
The agreement authorized WTFR to renovate and maintain the baseball field facility while providing baseball programming, camps, clinics, leagues, tournaments, and other related recreation opportunities for the community. Since execution of the original agreement, WTFR has continued to maintain and operate the facility while providing recreational programming benefiting Torrance youth and residents.
On September 18, 2018, the parties executed a first amendment to the agreement to update the responsible party and address for notice. On August 11, 2020, the parties executed a second amendment to the agreement to incorporate COVID-19 related operational requirements, including compliance with public health guidelines, updated indemnification language, and participant waiver requirements.
1 City Council
June 23, 2026
The proposed third amendment exercises the first optional five-year extension permitted under the original agreement, extending the lease term through June 30, 2031. One additional five-year (5) extension option will remain available at the City’s sole discretion.
In addition to extending the lease term, the proposed amendment includes several reporting requirements intended to enhance operational transparency and accountability. WTFR will be required to submit an Annual Report to the Community Services Director by January 30 of each year that includes:
• A summary of all activities conducted on the property throughout the year; • A summary of neighborhood complaints and responses;
• A summary of capital improvement projects completed during the year; and • A summarized financial report including payments made to the City.
The amendment also updates the rent schedule to incorporate escalating minimum monthly payments and percentage-based rent requirements during the extension period. Rent payments will continue to be based on the greater of a minimum monthly payment or a percentage of gross receipts generated from activities conducted on the premises, including camps, clinics, leagues, tournaments, rentals, and concessions as follows:
• Years 11-13: the greater of (a)11 percent of gross receipts or (b) a minimum of $1,250 per month.
• Years 14-15: the greater of (a)13 percent of gross receipts or (b) a minimum of $1,500 per month.
Accordingly, it is recommended that City Council:
1. Approve a third amendment to the lease agreement with West Torrance Field Restoration, Inc. of Torrance, CA (C2016-086), for the use of the senior baseball field at Entradero Park for an additional five-year (5) period beginning July 1, 2026 and ending June 30, 2031; and
2. Adopt a finding of categorical exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Class 1 – Existing Facilities).
ENVIRONMENTAL FINDINGS
Staff has determined that the proposed lease amendment is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 – Existing Facilities), as the continued use and operation of the existing facility involves negligible or no expansion of existing use. Therefore, no further environmental review is required.
ATTACHMENTS
1. Third Amendment to Lease Agreement C2016-086
2. Second Amendment to Lease Agreement C2016-086
3. First Amendment to Lease Agreement C2016-086
4. Lease Agreement C2016-086
2 -1-
THIRD AMENDMENT TO LEASE AGREEMENT (C2016-086)
This Third Amendment to Lease Agreement C2016-086 (the “Third Amendment”) is made and entered into as of July 1, 2026, by and between the CITY OF TORRANCE, a municipal corporation (“CITY”), and WEST TORRANCE FIELD RESTORATION, INC., a California non-profit corporation (“LESSEE”).
RECITALS:
A. On June 28, 2016, CITY and LESSEE entered into Lease Agreement C2016-086 (the “Agreement”), whereby LESSEE agreed to renovate and maintain the Entradero Senior Baseball Field located at 5500 Towers Street, Torrance, CA, for the operation of a ball field through June 30, 2026. The Agreement included two separate options to extend the term of the Agreement, with each option extending the term by five years.
B. On September 18, 2016, CITY and LESSEE entered into First Amendment to Lease Agreement C2016-086 (the “First Amendment”), amending the Agreement by adding the name of LESSEE’s new officer as the responsible party and changing the address for notice.
C. On August 11, 2020, CITY and LESSEE entered into Second Amendment to Lease Agreement C2016-086 (the “Second Amendment”), amending the Agreement to include COVID-19 protocol compliance, amending the indemnification language to include concerns regarding COVID-19 and other infectious diseases, and requiring all participants to sign a waiver and release.
D. CITY and LESSEE now wish to further amend the Agreement by exercising the first option to extend the term of the Agreement by five years, for a new Agreement termination date of June 30, 2031, and to amend the rent schedule to include the five-year extension term.
E. CITY and LESSEE also wish to amend the Agreement by specifying the requirements for the Annual Report submitted by the LESSEE and by updating the name of LESSEE’s responsible party and address for notice.
AGREEMENT:
1. Paragraph 2, of the Agreement, entitled “TERM”, section a is amended to read in its entirety as follows:
“2 . TERM
a) Unless earlier terminated in accordance with subparagraph (b) below, this Agreement will continue in full force and effect from July 1, 2016 through June 30, 2031. At the CITY’s sole discretion, the 3 ATTACHMENT 1
-2-
term may be extended for one additional term of five years, for a total of 20 years. The rental terms for the final extension will be identified prior to the request for approval of the extension.”
2. Paragraph 3, of the Agreement, entitled “RENT”, subparagraph b is amended to read in its entirety as follows:
“3 . RENT
* * *
b) Beginning in year 4 and continuing throughout the expiration of the agreement, the LESSEE shall pay the CITY a percentage of gross receipts from all business conducted on the premises on a monthly basis, including, but not limited to camps, clinics, workshops, tournaments, leagues, rentals and concessions, as follows:
i) Years 4-6: the greater of (a) 5 percent of gross receipts or (b) a minimum of $500 per month.
ii) Years 7-8: the greater of (a) 7 percent of gross receipts or (b) a minimum of $750 per month.
iii) Years 9-10: the greater of (a) 9 percent of gross receipts or (b) a minimum of $1,000 per month.
iv) Years 11-13: the greater of (a) 11 percent of gross receipts or (b) a minimum of $1,250 per month.
v) Years 14-15: the greater of (a) 13 percent of gross receipts or (b) a minimum of $1,500 per month.”
3. Paragraph 17 of the Agreement, entitled “AUDIT AND REPORTS”, subparagraph c is amended to read in its entirety as follows:
“17. AUDIT AND REPORTS
* * *
c) LESSEE will submit an Annual Report to the Community Services Department of the CITY on or before January 30th of each year.
The report will include a summary of the following:
i) A summary of all activities that took place on the property during the year;
ii) A list of any complaints received from the
neighborhood/residents along with the LESSEE’s responses; 4 -3-
iii) A summary of any capital improvement projects completed during the year; and
iv) A summarized financial report including payments made to the CITY.”
4. Paragraph 19, of the Agreement, entitled “NOTICE”, the table under “Addresses for purpose of giving notice are as follows”, the column entitled, “LESSEE”, is amended to read in its entirety as follows:
“LESSEE:
West Torrance Field Restoration, Inc.
Chris Armijo
2315 Vanderbilt Lane #B
Redondo Beach, CA 90278"
5. In all other respects, the Agreement between the CITY and LESSEE, as amended by the First Amendment and Second Amendment, is ratified, reaffirmed and remains in full force and effect.
CITY OF TORRANCE,
a municipal corporation
_______________________________
George K. Chen, Mayor
WEST TORRANCE FIELD RESTORATION,
INC., a California non-profit corporation
By: ______________________
Chris Armijo, President
ATTEST:
_______________________________
Rebecca Poirier, MMC
City Clerk
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
City Attorney
By: ____________________________
Jennifer Vicente Guerrero
Deputy City Attorney
5 SECOND AMENDMENT TO LEASE AGREEMENT ( C2016- 086)
Th is Second Amendment to Lea se is made and ent ered into on August 11 , 2020 by and betwe e n th e City of Torrance, a municipal corporation, (" CITY"), and W es t Torrance Field Restoration Inc, a California non- profit corporation, (" LES SEE").
RECITALS
A. T h e CITY leases to LESSEE that certain parcel of real property des ignated as Entrad ero Park Se ni or Baseball Fields ( 5500 Towers), Torrance , CA, PROPERTY") as s hown in Exhibit A - 1.
B . The CI T Y ente red in a lease with LESSEE on Jun e 28, 20 16.
C. The parties amended th e LEASE on Sept ember 11 , 2018 .
D. In light of rece nt developments, both parties wish to amend th e terms of the LEASE to: ( 1) add languag e indicating that the LESSEE mu st comp ly with COVID - 19 protocol s; ( 2) add a req uirement that all participants vi s iting any part of the PROPERTY must sign a waiver and release; a nd ( 3) amend th e ind emnification languag e of the LEASE to address concerns rega rding COVID- 19 and other infectious diseases.
AGREEMENT:
1. Secti on 15 of th e L EASE e ntitl ed " LIABILITY" is amended in its e ntire ty to read as follows:
15. LIABILITY
a) L ESSEE agrees that its taking possess ion of th e PROPERTY will be an acceptance of th e sa fety and condi tion th ereof.
b) L EASEE will indemnify, defend, and hold harmle ss C ITY, th e City Co un ci l, each member th ereof, present and future, its officers, agents and e mployees, and every member of its boards and commissio ns , from and aga in s t any and all liability, expenses, including defense costs and lega l f ees, and claims for damage s wh atsoever, which L EASEE , may have or h erea fte r acc ru e agains t CITY, th e City Council , each me mber th ereo f , present and fu ture, its offi ce rs, ag e nts and emp loyees, and every m ember of its board s a nd co mmiss ion s; including, but not lim ite d to , bodily injury, death, pe rs onal injury, illn ess, 002 6 7462. doc
0 C>
00 ATTACHMENT 2
6 disability, suffering of short- te rm or long - term health effects, or loss of or damage to property, or other damage arising from, as a re su lt of, or that relate in any way to: ( i) acts or omissions of LEASEE , its officers , employees , agents, representatives, subcontractors or vendors, in connection with the performance by LEASEE , its officers, employees, agents, subcontractors or vendors , of its services at LE SSEE; ( ii) exposure to any infectious disease , including but not limited to the novel coronavirus SARS- CoV- 2 and any re su lting disease ( together with any mutation, adaptation or variation thereof, COVID- 19"; and ( iii) operation, maintenance, repair and attendance at the LESSEE and the activities at or related to any event at the LESSEE . c) In addition to the indemnification , defense and hold harmless agreement above , LEASEE agrees to require each participant in any event undertaken in connection with the LESSEE to execute a written " COVID - 19 AND PARTICIPATION RELEASE AND WAIVER" form , a copy of which is attached here to as Exhibit B- 1 and incorporated by reference. LEASEE further agrees to retain each release for a period of not less than 30 months after any event and/ or activity at the PROPERTY."
2. Sec tion 18 of the LEASE entitl ed " COMPLIANCE WITH LAW" is amended to read in it s entirety as follows:
18. COMPLIANCE WITH LAW
00 2674 62. do c
a) LESSEE will conduct its operations and business upon the PROPERTY in comp lian ce with all federal , state , and municipal laws and ordinances and with health , fire, and safety rules and reg ulations of any board or public authority re lating to the use of th e PROPERTY or ~ ny appliances, machinery, fixtures , or stru cture.
b) In addition to LEASEE ' s agreement to comply with all federal , state , locals laws , ordinances, rules and regulations applicable to the busin ess above , LEASEE further agrees to take all measures for protecting its officers , emp loyees , ag e nts , representatives , subcon tra ctors or vend ors, as well as participants and observers at PROPERTY from exposure to , and infection with, SARS - CoV- 2, the viru s that cau ses COVID- 19, including but not 2 7
limited to adopting any recommended and/ or required infection control strategies promulgated by the : ( 1) County of Los Angeles Department of Public Health, Health Officer; ( 2) the California Department of Public Health ; and / or ( 3) the City of Torrance, including , but not limited to, instituting proper sanitation and social distancing controls at the PROPERTY to prevent exposures and infections ."
3 . Except as modified by this Second Amendment to Lease , the Lease of June 28 , 2016 and the First Amendment dated September 11 , 2018 are ratified and reaffirmed and remain in full force and effect.
IN WITNESS WHEREOF , the persons executing this First Amendment to Lease on behalf of LESSEE warrant that ( i) LESSEE is duly organized and existing ; ( ii) they are duly authorized to execute this First Amendment to Lease on behalf of LESSEE; ( iii) by so executing this First Amendment to Lease, LESSEE is formally bound to the provisions of this First Amendment to Lease ; and ( iv) the entering into this First Amendment to Lease does not violate any provision of any other LEASE to which LESSEE is bound .
APP ROVED 1-\S TO FORM:
PA TRICK Q . S ULLIVAN
CITY .. lf JiT O RNEY
Bv,........-/Vv' V\..,, QJ r(
atia Y . Straaer
Assistant City Attorney
West Torrance Field Restoration , Inc.
a Ca lifornia Non- profit corporation
Exhibit A- 1 : Entrad e ro Basin - Senior Baseball Field Lease Limits ( Location and Field Map) Exhibit B- 1 : Covid - 19 and Participation Release and Waiver 0 026746 2. doc 3
8 Entradero Basin - Senior Field Lease limits
Project Limit to include a Service
Road to the utility pole and/ or
vehicular access across the field
for service vehi cl es to access the
west side of the fie ld .
9 EX HIBIT B- 1
PARTIC IPANT ( MINOR) A N D PARENT WAIV E R
C OVI0- 19 AND PA RT IC IP ATION RE LEAS E A N D WAIVER A G R EE ME NT Nam e of Parti c ipan t: ( the " Pa rticipant")
Nam e of Parent o r G u ardian : ( th e " Paren t")
Name of Park: Entr adero Park, wh ic h i nc l udes any of its faci li ties inc l uding , w i thout limitat ion , t h e sen i or baseball fields , and associated pub li c areas and/ or areas w i t hin or i mmediately adjacent to the pub li c areas ( c o ll ec ti ve ly, " E ntra dero P a rk") Owner of P a r k Fac ili ties : C it y of Torrance, a Munici pal Co r poration Operator of Program : Wes t Torrance Fiel d Res tora ti on, lnc.
Name of Event:
Da t e: -------------------
TO THE PARTIC IPANT AND THE PAR ENT: READ THIS DOCUMENT CAREFULLY BEFORE AGREEfNG TO lTS TERM S. TH IS DOCU M EN T MAY AFFECT YOUR LEGAL RIGHTS AND MAY ELIM INATE YOU R AB ILITY TO 13RTNG LA WSVITS IN THE FUTURE lF YOU BECOME
S ICK O R IN J URED AFTER ENTERJNG OR WH ILE US ING T H E PARK FAC ILITIES , ATIEN DING THE EVENT OR ENGAGlNG lN EVEN T- RELATED ACTIVITIES . YOU MAY WANT TO CONSULT A LA WYER BEFORE S IGN ING THIS AGREEMENT. BY S l GN lNG TH IS AGREEMENT, YOU ARE ACKNOW LE DGlNG T HAT PARTIC IPANT AND PARENT HAVE
REV IEWED, UNDERSTOOD AND AGREE D TO T H E TERMS BELOW, AND T HAT YOU HAVE
H AD T H E OPPORTUNITY TO CONSU LT WITH A LA WYER OF YOU R C HO ICE REGARDING TS TERMS.
Pre ambleln ret urn fo r th e Pa rt ic ipa nt be i ng allowed to e nte r a nd remai n at the Park Faci lities and to partici pa te in acti vities in co ru1ec ti o n wi th the Event, incl u d ing, but not li m ited to sport ing acti v itie s, recre a ti o nal activi ti e s, promotional ac ti v iti es and any travel arrangemen ts made in co nn ectio n w ith those activi t ies , th e Paren t and th e Partic ipant, on behalf of t hemselves and the ir Related Perso ns ( as defi ned be low), consen t and agree to th e fo ll owi ng tenns. As used in t hi s Agreem e n t, t he tenn " R e lated Pe rson s" s ha ll m ean a Parent' s or Part ic ipant' s he irs , ass igns, executors, admini s trators, n ex t of ki n a nd other pe rso ns acting or claim ing to act on their beha lf.
1. A c know ledgment o f C OVID- 1 9 Ri s ks. Pa rt icipant and Parent u nd erstand that ( a ) the no vel coronavi ru s SA RS- Co V - 2 and a ny resultin g di sease ( togeth e r wi th any mutation, adaptation or va riatio n th e reof, " C O V ID - 19") is ext re mely contag io us a nd there is an inhe re n t ri sk of expos ure to C OVID- 19 in a ny p lace where people are present; ( b) no precau tions, including the protoco ls th at w ill be implemented at t he E ve nt, ( co ll ective ly, the " C O V ID - 19 Pro to co ls "), can e li m inate t he ris k of ex po su re to CO V ID - 19; ( c) peop le of a ll ages a nd health condi t ions, includ i ng healthy yo ung peop le, have been adverse ly affected by COVID- 19; ( d) ce rta in peop le h ave been identi fied by p u b li c health a uthoritie s a s h aving gr eater ri s k based on the ir age or unde rl y in g m e dical cond itions; and ( e) ex posu re to COVI D- 19 can res u lt in be in g subject to 10 EX HIBIT 8- 1
qu arantin e requirem ent s , illness, disabi li ty, a nd other sh ort- term and lo n g- term h eal th effect s, in cl uding death, regardless of a person' s age or health cond iti on. Partic i pant and Parent also acknowle d ge that th e COVID- 19 Protocols may prove inad equat e to prevent the exposure and trans missio n of COV l D - 19 and that it i s poss ible tha t from time to time pe rsons present at the P ark Fac ilities, the Even t, or a t any locations in w hich the Event may be held, may not co mpl y full y with the COVID- 1 9 Pro tocols . Pa rti c ipant and Parent unders tand that the im plementation of the COV ID- 19 Protoco ls does n o t guarantee th at Participant w ill not be exposed to or contract COVID- 19 as a resu lt o f hi s attendance at Park Fac ilities for t he Event o r p ass COVID- 19 on t o othe rs, in c luding Pare nt and othe r fa mil y members of Parent or Pa rti cipant. Pa rtic i pant and Parent understand and knowin g ly and vo luntarily assume a ll ri sks r e lated to traveling to a nd fr om, practi c in g, playing games at the Park Faciliti es or Event. Those risks may include an increased ri sk of exp os ur e t o illness ( including, but not limited t o, COVID - 19), person a l injury, di sabi lity, and other s hort- term or lo n g- term health effects including death, which might resu lt not o nl y from Partic ip a nt ' s own action s, inaction s o r negli gence, but from the actions, inactions o r negli gence of any of the Re leased Parties ( as d efin ed below). The Partic ip ant and the Parent accept th at they have pe rso na l respo n s ibility for any and a ll costs and expenses, damages, li ab ility , and oth er losses t hat Parti c ipa nt, Parent o r a ny Related Pe rsons may incur in connection with th e risk s d esc rib ed a bo ve.
2. Acknowledgement o f Event Participation Risks. There are inherent risks that come with p a rti c ipati ng in Event p rogram s. Inherent r isks are ri sks th a t cannot be eliminated compl etely regardless of the care and precautions taken. For examp le, th e Event program may test Pa rticipant ' s physica l limits, w hich c reates an inherent r is k of p hys ica l i njury. Other inhe rent risks include contact or colli s io n w it h o t her pers o n s or o bj ect s, head injury, inadequate or negligent first a id or emergen cy m easures, weather- r e la te d hazard s, a nd na tural hazards. Participant and Parent under s ta nd and a cknowledge that any o f these ri sks , and others not specificall y li sted here, could cause injuries that may be minor ( for example , scrapes, bruises, sprains, n au sea, cuts), seri ous ( for exampl e , prope rty loss or d amage, broken bones, frac ture s), or catastrophic ( for exampl e , rare occurrences of permane nt di sa biliti es or death). T he Participant and th e P are nt accept that they h ave personal respon s ibi li ty for any and a ll costs and expe nses, damages, liability, a nd other loss es that Participant, Parent o r a ny Related Persons m ay in c ur in connection with the ri s ks de scribed above.
3 . Participant Acknowledgements. Pa rent and Participa n t acknowle d ge th a t t he following s t atem e nts a r e true a nd accurate and t h at no Rel eased Parties ( as defined in paragraph 4 bel ow) c an be he ld respons ible in a ny way i f they are n ot: ( i) Partic ipant a nd Parent have consulted w ith Partic ipant' s own doctor to ensure th at his p articipati o n in the Event wi ll not pose any unusual risks to hi s health a nd well- being, ( ii ) Pa rt ic i pant is in good condition physicall y and ha s not been advised o r cauti oned aga in st participatio n in the Event by h is d octor or any other med ical practitioner, ( iii) Pa rti c ip a nt is covered by m e dica l insu rance. Parent and Parti cipant a uth orize t h e Rel eased Parti es t o secure e me rge ncy medical care o r transportatio n ( i. e ., EMS) for Participa nt w hen deemed necessa ry by the Rel eased Parties at the sole cost of P a r en t and Participa nt.
4 . Release, Waiver and Covena nt Not To S ue . For purposes of this Agreement, ( i) the t erm Released Parties" s ha ll m ea n t he C IT Y, the C ity Co un c il and each member thereof, present and future, 11 EXHIBIT I3 - I
and every officer, agent and e mplo yee of the C ITY and eve ry memb er of its boards and co mmi ss ions, Tyle r Sports , In c . and each of it s officers, directo rs , manage rs , me mbers, e mployees, age nt s, contractors, sub- contractors, repre sentati ves, s uccessors, ass ign s, li censees and affi liates as we ll as a ny of th e respective Event s ponsor s o r promoters a nd each o f the ir officers, directors, ma nager s, me mbers , employees, agents, contractors, sub- contrac to rs, re prese ntatives , s uccessors, assigns, licensees and affilia tes, and ( i i) the term " Claims" s hall mean any a nd a ll li ability, lawsuits, causes o f action and claims for da mages, costs or ex pe n ses, w he th e r pas t, present or future, and w hether known or unknown.
Parent and Participant, on the ir own beha l f, and on beha lf o f the ir Related Per sons, hereb y knowing l y, vo luntaril y a nd in- evocably a nd fo reve r release, waive and discha rge ( and covenant not to s ue), each a nd a ll of t he Re leased Pa rti es fr o m ( or with respect to), a ll C laims, including, but n o t limited to, Claims a ri s in g out o f or in connection with my d eath , pe rsona l injury, illness, di sability, suffering of s h ort- term or long - term h ea lth effects, or loss of or damage to property, which Parent, Participant and any Re lat ed Persons may have or hereafter accrue against any of the Released Pa rties as a resu lt of o r tha t re la te in any way to ( i) Parti c ipant' s exposure to COVID- 1 9; ii) Participant' s attend a n ce a t th e Park Fac ilities a nd partic ipa tion in activities at or r e lated to the Event; ( iii) Pa1ti c ipant ' s travel t o o r pres e n ce a t th e Eve nt , o r at a n y lo cation to w hi c h he m ay travel in connection with Event ac ti v iti es; o r ( iv) a ny of the ri sks iden tified above in pa rag raph s l and 2 of this Agreement. Pare nt and Parti c ipant und erstand that thi s re lease , waiver and covenant not t o s ue includes any C laims based o n the negli gence, action or inactio n of a ny of the Re leased Parties and cover s C la ims of a n y so rt , whether s uffe re d before, during or afte r Parti ci pant' s participation in the Event.
Partic ip ant recogni zes and agrees that this r e lease a nd waiver ofliability is a full , general and fi nal re lea se a nd waiver of a ll Re leased Cla im s. Pa rtic ipant furth e r acknowledges that Partic ipant has read Section 1542 of the C ivil Code of th e S tate of California , whic h c urr e ntly provides as fo ll ows:
A GENERAL RELEAS E DOES NOT EXTEND TO C L A IMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXI ST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE R ELEASE AND THAT, IF KNO WN BY HIM OR HER,
WOULD HA VE MATERIALLY AFFECTED HIS OR HER SEITL E M ENT WITH THE DEBTOR OR RELEASED PARTY.
Participant und e rstands that, purs u ant to Section 1542, Partic ipant has the right not to re lease existin g claims of which Pa rti c ip a nt i s not now awa re, unl ess Pa rti cipa nt voluntari ly chooses to waive thi s right. Even th o ug h Pa rti c ipant acknowl edges that Participant is aware o f s uc h ri ght, b y s ig ning below, Parti c ipant neverthel ess hereby volu ntari ly waives s uc h r igh ts and e lects to assume all risks for c la im s th a t no w ex ist in Partic ipant ' s favor, known or unknown, aris ing fro m the s ubj ect matte r of the waiver of li ab ility and release set forth herein .
5. Dispute Resolution . Pare nt a nd Parti c ipant a g ree to en gage in good faith effo rts to mediate any di s pute th a t mi g ht a ri se co n cerning thi s Agreement. A ny ag reement reached w ill b e formal i zed by a w ritte n co ntractua l a g reement a t th at time. S hould the dispute not be reso lved b y mediation , Pare nt a nd Part ic ipant a g ree th at a ll d is putes, co n tro vers ies, or claims aris ing out of or related to Partic ip ant ' s pa rti c ipa ti o n in th e Event s ha ll be s ubmitte d to binding arb itration in accord ance w ith the app li cabl e rul es of th e American Arbitration A ssociati o n th e n in effect. The cost o f such action 12 EX Hll31T B- 1
shall be s hared equally by th e part ie s . Parent a nd Participant further agree that the arbitrability of any di s pute, controversy, or claim ari s in g out of Participant ' s participation in the Event wi ll be s ubmitte d to a n arbitrator in acco rd ance with the applicab le rules of the American Arbitration Association th en in effect. The Arbitration Rules of th e American Arb itration Association are available on- line a t W\. VW. ad r .o r g.
6. Class Action Waiver. Parent a nd Participant agree that all cla ims against any Released Person arising out of Participant ' s participation in th e Eve nt mu st be pursued on an individual basis only.
B y s igning thi s Agreement, Parent a nd Part icipant waive any ri g ht to commence, or be a party to, any class action, o r any other sort of coll ecti ve c laims aga ins t th e Released Parties .
7. Governing Law. Pare nt a nd Participant agree that this Agreement shall be governed by the laws of th e State of Californi a w ithout regard to choice of law principles.
8. Severability. Pare nt and Pa rti c ipa nt agree that if a ny part of thi s Agreement is declared ill egal, une nforceable or ineffective to a ny extent, tha t part of th e Agreement s hall be modifie d , if possible, in order to achieve th e intentions of th e parties, a nd , if necessary, that part of the Agreement s hal 1 be s evered from th e rest of the Agreement, so that all of the other provi s ions co nt a ined in this Agreement s ha ll remain vali d and binding.
THE WAIVERS AND RELEASES GRANTED BY PARTICIPANT HEREUNDER ARE LEGALLY B I NDING AND SHALL BE CONSIDERED I RREVOCAB L E. PARTICIPANT AGREES THAT
THE ORGAN I ZERS MAY RELY UPON THIS AGREEM ENT TO THE FULLEST EXTENT PERMISSIBLE AT LAW OR IN EQU ITY .
I HA VE CAREFULLY READ AND VOLUNTARILY S IGN THIS AGREEMENT. I unde rs tand its t e rms , including th at I a m givi ng up s ub stanti a l legal ri g hts. I understand tha t this Agreement is a m aterial inducement for my ad mi s s ion to a nd continued partic ipation in the Event and that the Event and the othe r Released Parties a re relying upon it. I a lso agree that no promises, stat em e nts or inducements contrar y t o anythin g conta ined in this Agreement have b een made by any of th e Re leas ed Pa rti es . I acknowled ge that Parent a nd I have had the opportunity to seek legal advice regarding thi s Agreement from a lawyer of my or the ir choice.
PARTICIPANT Date of Birth: ______ _ Name: _______________ _ Address: C it y: State: __ Zi p : ___ _
Pho ne: E mai l: ----------------
Signature : Date: ____________ _
PARENT/ GUARDIAN MUST COMPLETE: I affim1 th at f a m the parent or legal guardian of the ab ove individua l a nd I h ave the a uth orit y to g ive this a utho ri zation to hi s s ig ning of and consent to the above Agreement. I TIA YE CA R EFULLY READ AND VOLUNTARI LY S IGN THIS AGREEMENT. I unders ta nd it s term s , including tha t he a nd I a re g iv ing up s ubs tantial legal rights. I unde rstand th at thi s Agreement is a m at e ri a l induce m e nt for Participant' s a dmi ssion 13 EX HIO IT B- 1
to and continued participation in th e Event a nd th a t the Eve nt and the other Rel eased Parties are re ly in g upo n it. I also agr ee that n o promi ses , s tatements or inducements contrary to anything contained in this Agreem e nt have been made by a n y of th e Released Pa rties . I acknowledge th at Participant a nd I have had the opportunity to s eek lega l adv ic e regarding thi s Agreement from a lawyer o f m y c hoice.
Name: Relati o ns hip to Parti c ipant: _______ _
Address: C ity: State: __ Zip: ___ _
Phone : Email: ------------------
Signature: D ate: ____________ _
14 FIRST AMENDMENT TO LEASE AGREEMENT (C2016-086)
This First Amendment to Lease Agreement (C2016-086) is made arid entered into as of September 11, 2018, by and between the CITY OF TORRANCE, a:municipal corporation ("CITY"), and WEST TORRANCE FIELD RESTORATION INC., a California non-profit corporation, ("LESSEE") .
RECITALS:
A. CITY and LESSEE entered into a Lease Agreement (C2016-086) (the "Lease") as of June 28, 2016, whereby CITY agreed to Lease the Entradero Senior Baseball Field (5500 Towers) in Torrance, California.
B. Both parties wish to amend the Agreement to add the name of LESSEE's new officer as the responsible party and change the address for notice. All rights and obligations of CITY and LESSEE are unaffected by this change.
AGREEMENT:
1. Paragraph 19 NOTICE Addresses for purpose of giving notice are as follows:
The table entitled LESSEE is amended to read in its entirety as follows:
"LESSEE:
West Torrance Field Restoration Inc.
Joseph D. Sonandres
527 Van Ness Avenue
Torrance, CA 90501"
....
2. The person(s) executing this Agreement on behalf of the LESSEE warrant that (i) the LESSEE is duly organized and existing; (ii) they are duly authorized to execute this Agreement on behalf of the _LE_SSE~;. (iii) by so executing this Agreement, the LESSEE is formally bound to the p·rovisions ofthis Agreement; and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the LESSEE is bound.
00167699.docx
ATTACHMENT 3
15 3. In all other respects, the Agreement dated June 28, 2016, between CITY and LESSEE is ratified and reaffirmed and is in full force and effect.
CITY OF TORRANCE
a municipal corporation
ATTEST:
~\ ~/91l1t
Rebec .a Poirier, City Clerk
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
Citv..-ri.lHU
00167699
WEST TORRANCE FIELD
RESTORATION INC.
a California non-profit corporation
16 ATTACHMENT 4
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