Paseo Stadium Lease Stipulations

(a)Plans for structural changes or improvements, intended to induce private sector participation, including, but not limited to, the improvement, expansion or re-configuration of the facility, playing field and other ancillary facilities, shall be made pursuant to the Stadium Master Plan, to be developed by the GBF following a GBF public hearing, in consultation and with the approval of the Parks and Recreation Commission or its successor. All stadium revenue-generated funds, except those exempted, to include user fees, advertising revenues, and any other fees generated through GBF management of the Paseo Stadium and ancillary facilities, shall be placed into a GBF-established checking account called the ‘Municipal Stadium Operations Fund’

(MSOF)and shall consist only of stadium revenue-generated funds. All funds in the MSOF, separate from any GBF account or monies, shall be used only to fund Paseo Stadium maintenance, facility improvements and stadium operations; compensate stadium-related contractual and utility costs; and facilitate MSOF management costs, to include the audit of the Fund. COL1/11/2022 CH. 77 PARKS & RECREATION

(b)Paseo Stadium maintenance personnel currently in classified positions in the Department of Parks and Recreation and currently assigned to the Paseo Stadium, shall not be removed from their positions, unless for cause, and removal shall be carried out pursuant to Title 4 of the Guam Code Annotated. The hiring of additional personnel necessary to maintain and improve the Paseo Stadium and ancillary facilities shall be at the expense of the Guam Baseball Federation.

(c)The lease agreement specified under this Chapter shall include a provision granting free admission to citizens fifty-five

(55)years of age and older at all stadium activities and functions requiring a fee.

(d)The lease agreement specified under this Chapter may include a provision requiring the sharing of payment of utilities charges at the Paseo Stadium. Such provision, however, shall be implemented in the following manner:

(1)payment by the Department of Parks and Recreation of all utilities charges incurred during the first year of the effective date of the lease agreement; provided, that the Department is allotted funds for this purpose by I Liheslaturan Guåhan in its annual budget appropriations;

(2)payment of all utilities charges during the second year of the agreement, to be shared equally between the Department of Parks and Recreation and the Guam Baseball Federation; provided, that the Department of Parks and Recreation is allotted funds for this purpose by I Liheslaturan Guåhan in its annual budget appropriations; and

(3)payment of all utilities charges to be borne solely by the Guam Baseball Federation during the third year and every year thereafter that the lease is in effect.

(e)Any lease agreement inclusive of the Stadium Master Plan entered into pursuant to this Chapter shall be subject to legislative approval. (

(f)Exempted Funds. The GBF is authorized to retain an amount not to exceed twenty-five percent (25%), but in no case to exceed Twenty-five Thousand Dollars ($25,000.00) per year of all MSOF generated funds including stadium sponsorship revenues COL1/11/2022 CH. 77 PARKS & RECREATION for the development and enhancement of baseball programs and activities approved by the GBF Board. These retained funds shall not be a part of the MSOF. The exempted funds shall be audited annually and the GBF shall submit, no later than March 15 of each year, an annual audited financial statement to the Office of Public Accountability, to the Speaker of I Liheslaturan Guåhan, and to I Maga’lahen Guåhan.

(g)The GBF Commissioner and the Director of Parks and Recreation shall be the custodian of the MSOF. All MSOF disbursement checks shall require the signatures of the president and either the treasurer or secretary.

(h)Unless the GBF shall submit, no later than March 15 of each year, an annual audited financial statement of the MSOF to the Director of DPR, the Parks and Recreation Commission, and the Office of Public Accountability, the lease is terminated. All funds and accounts established pursuant to this Section are subject to the scrutiny of the Office of Public Accountability.

(i)No funds collected or donated pursuant to this Chapter or any lease pursuant to this Chapter, shall be used to pay past due obligations of the Guam Baseball Federation.

(j)The Guam Baseball Federation shall report semi-annually to I Liheslaturan Guåhan the cost of improvements it makes to the Stadium from funds other than the tax credits authorized herein.