SAN DIEGO MESA COLLEGE
USE OF FACILITIES AGREEMENT
Between San Diego Community College District and San Diego Flash
(Professional Soccer)
This supplemental agreement outlines the basic terms and conditions related to
the use of San Diego Mesa College (Mesa) facilities by San Diego Flash
Professional Soccer (Flash). Nothing contained herein shall restrict the terms
and conditions set forth in the "Application For Use Of College District
Property" and "Permit For Use Of College District Property."
1. Per Game Rental Charge - The basic rent will be set at a reduced rate of
$1450 per game, payable one (1) week prior to each game. This basic rate
has been reduced, for the first soccer season, to help cover the cost o
removing the existing goal posts and replacing them with new padded
removable field goal posts. Two (2) checks will be issued, $1200 to
"San Diego Mesa College" and $250 to "Mesa College Athletics." The rental
fee will insure: stadium use, lights, lining of field, clean up of
field and parking lots, clean up of restrooms, College Police presence,
Mesa staff being available for any lighting or facility problems, and
rights to concession sales.
2. New Removable Goal Posts - The Flash will remove the existing goal posts
and replace them with padded removable goal posts. The Flash will submit
the specifications and installation procedures for the new goal posts to
Mesa for approval, prior to the removal of the current goal posts.
3. Annual Field Preparation - For the first soccer season, the Flash will pay
a reduced share of $3000 towards field renovation and preparation
expenses. This reduced rate is to offset the cost of removing the existing
track runway and replacing with grass. The field preparation will include
items such as fertilizer, sand, seed, irrigation, and aerification. This
$3000 is payable by December 15, 1998.
4. Discount Tickets To Mesa College Faculty, Staff and Students The Flash
will offer a 50% discount to faculty, staff, and students at Mesa College
(full or part-time). The Flash will receive coverage and advertising in
the "Mesa College Press" in exchange.
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5. Services Provided By Mesa College - Mesa College will provide the
following services at no cost to the Flash: o Cut and clean shrubbery on
west side of stadium.
- Remove all track equipment.
- Provide paint for repainting of ticket booth and other
buildings as needed.
6. Services Provided By The Flash - The Flash will be responsible for the
following services: o Provide storage bin for Flash equipment if needed. o
Install and remove signage for each game. o Provide storage bin for Mesa
College equipment if needed.
7. Insurance
Flash shall provide policies of:
Worker's Compensation Insurance covering all of its
Employees.
Commercial Liability Insurance, including Broad form Contractual Liability,
name District as additional insured, in force during all Flash's use of the
premises of Mesa College, with limits of liabilit of at least $3,000,000
personal injury and $1,000,000 property damage.
Automobile Liability: The San Diego Flash will provide proof of insurance
of any vehicle that is owned, rented or leased by the Flash that is used
during game-day operations.
Flash shall insure to its own benefit all property brought to the premises
and shall waive all liability of District for any damages to its property.
All such policies shall contain a Waiver of Subrogation to the benefit of
District.
8. Hold Harmless
Excepting the Services described in paragraph 5 of this supplemental
agreement, District offers the premises at Mesa in an "as is" condition
and Flash accepts all risks of loss arising from its use. Flash agrees to
save and hold harmless District, its Trustees and employees, for any loss
liability, cost or other damage, arising from any claim or allegation
of injury or death to any person, including employees of the Flash
find District, student, or spectators or; from any claims of damage t
property; which either directly or indirectly arise from Flash's use of the
premises.
/s/ Xxxxx X. Xxxxx 11/4/98 /s/ Xxx X. Xxxxxx 11/4/98
-------------------------------- ----------------------------------
For Community Date For the San Diego Date
College District Flash
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APPLICATION FOR USE OF COLLEGE DISTRICT PROPERTY DISTRIBUTION
Prepare two copy set Original to campus office shown at left.Copy for your file.
FOR CAMPUS
The San Diego Flash Professional Soccer COORDINATION
Represented by Xxx X. Xxxxxx, President/General Manager Master Calendar
0000 Xxxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxx, XX 00000
Telephone 000-0000 Fax 581,9419 Instructional
Hereby applies for permit to use Mesa Stadium Student Affairs
for the purpose of Flash Soccer Games Security
for the below-listed dates and times: Plant Supervisor
Food Services
-------------
Date Hours Yes No
---- ----- --- --
April-October 1998 Open Close
Four (4) hour use per da Admission will be charged [X] [ ]
Funds will be solicited [ ] [ ]
Other considerations [ ] [ ]
Specify: See attached agreement.
Special services/equipment requested:
See attached agreement.
I, the undersigned, state that the property for which application for use is
herein made will not be used for the commission of any act prohibited by law.
Further, I and the organization named herein agree to hold harmless the
District, its employees/officials, from all claims for damages or injuries
arising from use of any property granted under this application; to fulfill the
conditions and to observe the rules listed below.
(1) Royalty payments under U.S. copyright law shall be paid by the permittee.
(2) No activity shall be allowed which degrades the race, religion, nationality,
color, sex, age, or handicap of any person.
(3) No smoking shall be permitted, except as otherwise posted.
(4) No selling or vending of any article shall be permitted.
(5) No food or confections may be served in any auditoriums.
(6) No alcoholic beverages may be on District property at any time, except
in connection with a course of instruction sponsored by the District.
(7) No furniture or equipment may be moved, except under District supervision.
(8) The permittee is responsible for the care and protection of the property
in their charge.
(9) No religious doctrine may be taught or practiced, except as specified
in the permit.
I certify or declare under penalty of perjury that the foregoing is true
and correct.
Signature
---------------------------------------------------------------
Date 11/4/98
SDCCD Form 7325.2 10/84
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PERMIT FOR USE OF COLLEGE DISTRICT PROPERTY
The San Diego Flash Professional Soccer is permitted use of San Diego Mesa
College Stadium pursuant to California Education Code and San Diego Community
College District (SDCCD) POLICY 7325 during the times and for the purposes
specified below; subject to the terms and conditions contained herein and in the
APPLICATION FOR USE OF DISTRICT PROPERTY incorporated herein by reference.
Hours Category of Use: Fair Rental
Date Open Close Room (see sdccd POLICY 7325)
April-October 1998. Based on Charges each day for property: $1450
four (4) hours use per day.
Charges each day for custodian: Included above
Charges each day for College Police: Included
above
Charges each day for equipment: Included above
Other (Locker room (upstairs)
half-time Rooms Soccer None
Goals)
COMMENTS: There is a written a greement outlining the terms and conditions of
this use permit. This covers an estimated twenty (20) games at Mesa
College during 1998.
Total charges each day $1450
TOTAL CHARGES TO PERMITTEE UNDER THIS PERMIT-(Estimate based on 20 games)$29,000
Terms of Payment:
$1450 paid not later than one week prior to each game, and Received ___________
_______________ paid not later than ______________________ Received ____________
The primary use of College District property is to support educational programs
of the District. This permit is issued subject to the proviso that the District
reserves the right to unilaterally change or revoke the permit in part or in its
entirety without notice should permits be issued for conflicting dates or should
the property be needed for any District purposes whatsoever.
Any violation or infraction of the conditions of this permit by the permittoe
will constitute sufficient cause for tile District to take whatever action
against the permittee and the organization in which name the permit was applied
for. Such action may include, but iS not limited to, the immediate cancellation
of this permit and disapproval of future applications to use District property.
FOR THE SAN DIEGO COMMUNITY COLLEGE DISTRICT
/s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx, Business Manager 11/2/98
--------------------------------------------------------------------------------
Signature Name (typed) Title Date
DISTRIBUTION:
Prepare two-copy set-
Original to permittee
Attach copy to application file in issuing office
(District record copy)
SDCCD Form 7325.2a 1/97
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