HomeMy WebLinkAbout102-1. User agreements for Congress Springs Park.pdf
AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and AMERICAN YOUTH
SOCCER ORGANIZATION, (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the
Park”), in which City has constructed facilities, including multi-use fields, a snack shack, and parking areas. B. Little League and American Youth Soccer Organization-Region 27 (“AYSO”),
jointly own equipment installed within the snack shack. C. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use
and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times
of use. This Agreement shall become effective upon execution by the parties and shall terminate on on December 31, 2011. During the term of this Agreement AYSO shall have the right to
use the turf fields and snack shack pursuant to this Agreement during the months of August through December (“Soccer Season”). Each year, AYSO shall inform City as to (a) the anticipated
specific starting and ending dates of its use of the turf fields and snack shack and (b) the schedule for games and practices during the Soccer Season. Such notice shall be furnished
to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season AYSO shall be entitled to the exclusive use of the turf fields and snack shack
during the conduct of its games and practices. At all other times, the snack shack shall be closed but the turf fields shall remain open for use by the general public and organized activities
as authorized by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for
the following: (a) Maintenance of the interior of the snack shack and repair of the equipment within the snack shack owned by Little League and AYSO, together with general custodial
care of the snack shack interior and general clean-up of the restrooms and storage room within the snack shack building. Page 1 of 6
(b) Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (c) Prepare fields for games including lining of fields. (d) Ensuring
the safety of all AYSO activities including, but not limited to, preventing soccer balls from exiting the park onto Highway 85 during AYSO practice or games. AYSO shall immediately notify
the Public Works Director if a soccer ball exits the park onto Highway 85 during and AYSO practice or game. If it is determined that a ball is willfully kicked or thrown onto Highway
85 by any AYSO member during the Soccer Season, AYSO’s rights to use of the Park shall terminate for the remainder of the Soccer Season and, if the event occurs in the second half of
the Soccer Season, for the following Soccer Season. (e) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Soccer
Season, at which time AYSO shall advise the City of any objections to the condition of the turf fields. During the Soccer Season AYSO shall immediately notify the City of any objections
to the condition of the turf fields. (f) Ensuring the safety of all User Group activities. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting
the use of reusable water bottles during User Group activities. 4. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove
described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term
of this Agreement. Such service charge shall be due and payable on or before by December 31, 2011. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee
shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period,
which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the
park. 6. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an
unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for
recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s
and/or his (her) City Page 2 of 6
employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of
Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably
practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules
distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to,
violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to
one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall
compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request
for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City. User Group agrees to indemnify,
defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities,
costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions),
arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group
further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance
Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property
which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or
employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal
injury, and property damage. Page 3 of 6
2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident.
(b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees,
boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain
no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall
be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’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. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall
agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group
for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced
in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. Page 4 of 6
(c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group shall furnish City with certificates
of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves
the right to require complete, certified copies of all required insurance policies, at any time. 10. Term of Agreement. This Agreement shall become effective upon execution by the parties
and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may
be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within
thirty (30) days, User Group has not made the necessary correction. 11. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director.
The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning
this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more
City employees to exercise some or all of his authority under this Agreement. 12. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement
shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice
shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was
delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: __________________
____ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director Page 5 of 6
Page 6 of 6 City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13. Successors and assigns. This Agreement shall inure to the benefit
of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches,
divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14. Authority. Each signatory hereto hereby represents and warrants that he or she is duly
authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
THE CITY OF SARATOGA, User Group: _______________________________ a municipal corporation American Youth Soccer Organization By_____________________ Date: _______ By:____________________
Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.]
Exhibit “A” Additional City Maintenance at Congress Springs Park – For AYSO Region 27 Soccer Pre-Season Tasks • Fill low areas with sand 8 hours • Fertilize fields 6 hours • Thatch fields
16 hours • Aeration of fields 12 hours • Rolling and leveling of fields 32 hours Regular Season Tasks • Aerate 6 hours • Mow 2 times per week 40 hours • De-thatch, thinning of turf 16
hours • Spreading of soil penetrants, and repair of wet areas/worn areas in turf 24 hours • Spot fertilizing of worn areas 12 hours • Fertilization 6 hours Total Hours 178 hours @$38.00/hr
= $6,764 • Administrative Costs: .10 x $6,764 = $676 Total Cost Labor: $7,440 Post Season Tasks/Materials -Top dressing of fields with sand $8,000 -Fertilizer $800 -Soil penetrants and
turface $1,200 Total Post Season Tasks/Materials: $10,000.00 Total Cost Labor + Post Season Tasks/Materials: $17,440.00 -Re-soding of fields (if needed) +/-$2,000.00 (exact amount to
be determined at end of season based on wear of turf)
AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and LOS ALTOS-MT.
VIEW PONY LEAGUE, is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which
City has constructed facilities, including multi-use fields, and parking areas. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations
concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE
AS FOLLOWS: 1. Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement Saratoga
Pony shall have the right to use the Pony Field pursuant to this Agreement during the months of January through June (“Baseball Season”). Post Season usage of the turf fields during
the month of July for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. Each year, Pony shall inform City as to (a)
the anticipated specific starting and ending dates of its use of the Pony Field and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished
to City at least thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Pony shall be entitled to the joint use of the Pony Field by Pony and Saratoga
Little League as directed by the Public Works Director. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by
City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for the following:
(a) Clean up of Pony related litter and debris on baseball field, dugouts, bleacher areas, playground area, bathrooms and parking lot area after each game or practice and deposit of
all garbage in the trash containers and recyclables in recyclable bins. (b) Maintain batter boxes, pitcher mounds, and dugouts after all games and practices. Page 1 of 7
(c) Prepare fields for games including dragging and lining of infields. (d) Ensuring the safety of all Pony activities including, but not limited to, preventing baseballs from exiting
the park onto Highway 85 during Pony practice or games. Pony shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during and Pony practice
or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Pony member during the Baseball Season, Pony’s rights to use of the Park shall terminate for
the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (e) Locking up batting cages, storage areas
and storage area in Maintenance Yard. Any shared use areas that are not locked at the end of practice/game will be locked by City Staff and User Group will lose shared usage of the area
for the remainder of the Baseball Season and, if the event occurs, in the second half of the Baseball Season for the following Baseball Season. (f) Making arrangements with City for
a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Saratoga Pony shall advise the City of any objections to the condition
of the turf fields. During the Baseball Season Pony shall immediately notify the City of any objections to the condition of the turf fields. (g) Ensuring the safety of all User Group
activities. (h) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the baseball season, at which time User Group shall advise
the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (i)
Remove temporary fencing, banners, foul poles at the end of the Baseball Season. (j) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use
of reusable water bottles during User Group activities. 4 Additional Costs. Any maintenance or end of season tasks not completed by User Group, including but not limited to violations
of Section 3 of this Agreement, the City may hire a Contractor to perform the work and User Group will be invoiced by the City for associated costs. 5 Service charge. In consideration
for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of Page 2 of 7
the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge
shall be due and payable on or before by December 31, 2011. 6 Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to
regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition
of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 7 Rainy Day Policy. User Group shall
not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled
for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions.
If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination,
a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City
employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s
determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches
and made available to all users. 8 Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of Sections 3(a), 3(b), 7
and 8 8 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty
during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for
the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment,
the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 9 Indemnification of City. User Group agrees to indemnify, defend, and hold
City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, Page 3 of 7
damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers,
boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this
Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use
of the Park. 10 Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons
or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents,
representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers
liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a.
The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on
behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions,
or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to
comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, boards and commissions, employees or volunteers. Page 4 of 7
d. User Group’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. 2. Workers’
Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions
and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested,
has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group
shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group
may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11 Term of Agreement. This Agreement shall
become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging
in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice
to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 12 Contract Administration. This Agreement shall be administered on
behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement,
and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director
may designate in Page 5 of 7
writing one or more City employees to exercise some or all of his authority under this Agreement. 13 Notices. All notices or communication concerning a party's compliance with the terms
of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified
below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that
the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City,
State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City
of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 14 Successors and assigns. This Agreement shall inure to the benefit of and shall be binding
upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions.
But otherwise this Agreement is neither transferable nor assignable. 15 Authority. Each signatory
hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7
Page 7 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: ________________________ a municipal
corporation Los Altos-Mt. View Pony By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager ________________________ [Print
Name] Its: _____________________________ [Specify Office: President, etc.]
Exhibit “A” Additional City Maintenance Tasks at Congress Springs Park For Los Altos-Mt View Pony League 2011 user group costs related to the use of the Pony League field at Congress
Springs Park by the Los Altos-Mt. View Pony League shall be paid by Saratoga Pony League. Any cost sharing arrangements for use of the pony field shall be between LA-MV Pony League and
Saratoga Pony League.
AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and SARATOGA LITTLE
LEAGUE BASEBALL, INC. (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the
Park”), in which City has constructed facilities, including multi-use fields, a snack shack, and parking areas. B. Little League and American Youth Soccer Organization-Region 27 (“AYSO”),
jointly own equipment installed within the snack shack. C. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use
and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times
of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement Little League shall have the right
to use the turf fields and snack shack pursuant to this Agreement during the months of January through June (“Baseball Season”). Post Season usage of the turf fields during the month
of July for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. All use of the minor league fields including the AA field,
Farm fields, and T-Ball fields must cease by June 1st each season to allow for conversion to soccer. Each year, Little League shall inform City as to (a) the anticipated specific starting
and ending dates of its use of the turf fields and snack shack and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least
thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Little League shall be entitled to the exclusive use of the turf fields and snack shack
during the conduct of its games and practices, provided, however, that Little League shall not be entitled to exclusive use of the field designated by the Public Works Director for use
by the Pony League (Pony Field) which field shall be subject to joint use by Little League and Pony League as directed by the Public Works Director. At all other times, the snack shack
shall be closed but the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City. City shall be responsible
for the following: See Exhibit “A” Page 1 of 7
3. Responsibilities of User Group. User Group shall be responsible for the following: (a) Maintenance of the interior of the snack shack and repair of the equipment within the snack
shack owned by Little League and AYSO, together with general custodial care of the snack shack interior and general clean-up of the restrooms and storage room within the snack shack
building. (b) Maintenance of electronic scoreboards. (c) Clean up of Little League related litter and debris on all baseball fields, dugouts, bleacher areas, playground area, bathrooms
and parking areas after each game or practice and deposit of all garbage in the trash containers and recyclables in recycle bins. (d) Maintain batter boxes, pitcher mounds, and dugouts
after all games and practices. (e) Prepare fields for games including dragging and lining of infields. (f) Ensuring the safety of all Little League activities including, but not limited
to, preventing baseballs from exiting the park onto Highway 85 during Little League practice or games. games. Little League shall immediately notify the Public Works Director if a baseball
exits the park onto Highway 85 during a Little League practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Little League member during
the Baseball Season, Little League’s rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season,
for the following Baseball Season. (g) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at
which time Little League shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Little League shall immediately notify the City of any
objections to the condition of the turf fields. (h) Ensuring the safety of all User Group activities. (i) Locking of batting cages, storage areas, and storage area in Maintenance Yard.
(j) Remove temporary fencing, banners, foul poles at the end of the Baseball Season. Page 2 of 7
(k) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Additional Costs. Any
maintenance or end of season tasks not completed by User Group, including but not limited to violations of Section 3 of this Agreement, the City may hire a Contractor to perform the
work and User Group will be invoiced by the City for associated costs. 5. Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove
described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term
of this Agreement. Such service charge shall be due and payable on or before by December 31, 2011. 6. Park Use Policy. The Director of Public Works and /or his (her) City employee designee
shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period,
which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the
park. 7. Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an
unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for
recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s
and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination
by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as
soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and
practice schedules distributed to players and coaches and made available to all users. 8. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but
not limited to, violations of Sections 3(c), 3(d), 3(i), 6 and 7 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during
season: No use of Park for up to one week. 2nd Penalty during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season.
Page 3 of 7
In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User
Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 9. Indemnification of City.
User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes
of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees,
volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations
under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s
use of the Park. 10. Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to
persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group,
its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California labor code section 3700 et seq. and where worker compensation is required
employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage.
a. The City, its officers, officials, employees, boards and commissions and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or
on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions,
or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and Page 4 of 7
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute
with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions,
or volunteers. d. User Group’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.
2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and
commissions, and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return
receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of
Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the
City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11. Term of Agreement.
This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or
in any way way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving
of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. Page 5 of 7
12. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information,
interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed
to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement.
13. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail,
return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in
person or the date upon which the postal authority or overnight express carrier indicates that the the mailing was delivered to the address of the receiving Party. Notices to User Group
shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________
_________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 14.
Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing
unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 15. Authority. Each signatory
hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7
Page 7 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: ________________________ a municipal
corporation Saratoga Little League Baseball, Inc. By:_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________
[Print Name] Its: _____________________________ [Specify Office: President, etc.]
‘Exhibit A’ Additional City Maintenance Tasks at Congress Springs Park – For Saratoga Little League Pre-Season Tasks • Field set up; bleachers, backstops, bases, and field layouts. 32
hours • Field cut outs for AAA and Farm fields (similar set up as Major field) with addition of cinder clay and pitcher’s mounds. 40 hours • Renovation of practice mounds, pitchers mounds,
and batters boxes on all fields. 24 hours • Scarify, top dressing, leveling of all infield cinder clay for Majors and AA fields. 16 hours Regular Season Tasks • Reseeding of infields
8 hours • Mowing 2 times per week 30 hours • Fertilizing 2 times 12 hours • Field prep and clean up (weekly) 30 hours End of Season Tasks • Field Conversion and field removal. 81 hours
• Repair of holes and sod areas 9 hours Total Hours 282 hrs @$38.00/hr = $10,716 • Administrative Costs: .10 x $10,716 = $1,071 Total Cost Labor: $11,787 Materials -Cinder clay, pitchers
mound clay $3,200 -Re-soding of fields +/-$7,000 (amount to be determined at end of season based on wear of turf) Total Material Costs: $10,200 Total Cost Labor + Materials: $21,987
AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and SARATOGA PONY,
is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which City has constructed
facilities, including multi-use fields, and parking areas. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the
use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1.
Times of use. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2011. During the term of this Agreement Saratoga Pony shall have
the right to use the Pony Field pursuant to this Agreement during the months of January through June (“Baseball Season”). Post Season usage of the turf fields during the month of July
for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. Each year, Saratoga Pony shall inform City as to (a) the anticipated
specific starting and ending dates of its use of the Pony Field and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least
thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Saratoga Pony shall be entitled to the joint use of the Pony Field by Saratoga Pony and
Saratoga Little League as directed by the Public Works Director. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized
by City. 2. Responsibilities of City. City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group. User Group shall be responsible for the following:
(a) Clean up of of Saratoga Pony related litter and debris on baseball field, dugouts, bleacher areas, playground area, bathrooms and parking lot area after each game or practice and
deposit of all garbage in the trash containers and recyclables in recyclable bins. (b) Maintain batter boxes, pitcher mounds, and dugouts after all games and practices. Page 1 of 7
(c) Prepare fields for games including dragging and lining of infields. (d) Ensuring the safety of all Saratoga Pony activities including, but not limited to, preventing baseballs from
exiting the park onto Highway 85 during Saratoga Pony practice or games. Saratoga Pony shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85
during and Saratoga Pony practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Saratoga Pony member during the Baseball Season, Saratoga
Pony’s rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball
Season. (e) Locking up batting cages, storage areas and storage area in Maintenance Yard. Any shared use areas that are not locked at the end of practice/game will be locked by City
Staff and User Group will lose shared usage of the area for the remainder of the Baseball Season and, if if the event occurs, in the second half of the Baseball Season for the following
Baseball Season. (f) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Saratoga
Pony shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Saratoga Pony shall immediately notify the City of any objections to the
condition of the turf fields. (g) Ensuring the safety of all User Group activities. (h) Making arrangements with City for a preseason inspection of the field at least 30 days prior to
the beginning of the baseball season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately
notify the City of any objections to the condition of the field. (i) Remove temporary fencing, banners, foul poles at the end of the Baseball Season. (j) Supporting a volunteer effort
that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4 Additional Costs. Any maintenance or end of season tasks
not completed by User Group, including but not limited to violations of Section 3 of this Agreement, the City may hire a Contractor to perform the work and User Group will be invoiced
by the City for associated costs. 5 Service charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive
use of Page 2 of 7
the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge
shall be due and payable on or before by December 31, 2011. 6 Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to
regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition
of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 7 Rainy Day Policy. User Group shall
not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled
for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions.
If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination,
a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City
employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s
determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches
and made available to all users. 8 Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of Sections 3(a), 3(b), 7
and 8 8 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: 1st Penalty during season: No use of Park for up to one week. 2nd Penalty
during season: No use of Park for up to one month. 3rd Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for
the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment,
the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 9 Indemnification of City. User Group agrees to indemnify, defend, and hold
City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, Page 3 of 7
damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers,
boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this
Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use
of the Park. 10 Insurance Requirements. User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons
or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents,
representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers
liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a.
The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on
behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions,
or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to
comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, boards and commissions, employees or volunteers. Page 4 of 7
d. User Group’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. 2. Workers’
Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions
and volunteers for losses arising from work performed by User Group for the City. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested,
has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d) Verification of Coverage. User Group
shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group
may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11 Term of Agreement. This Agreement shall
become effective upon execution by the parties and shall terminate on December 31, 2011. If City determines User Group is violating any terms of this agreement or in any way engaging
in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice
to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 12 Contract Administration. This Agreement shall be administered on
behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement,
and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director
may designate in Page 5 of 7
writing one or more City employees to exercise some or all of his authority under this Agreement. 13 Notices. All notices or communication concerning a party's compliance with the terms
of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified
below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that
the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City,
State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City
of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 14 Successors and assigns. This Agreement shall inure to the benefit of and shall be binding
upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions.
But otherwise this Agreement is neither transferable nor assignable. 15 Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this
Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7
Page 7 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA, User Group: ________________________ a municipal
corporation Saratoga Pony By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager ________________________ [Print Name] Its:
_____________________________ [Specify Office: President, etc.]
Exhibit “A” Additional City Maintenance Tasks at Congress Springs Park For Saratoga Pony League Pre-Season Tasks • Replacement of cinder clay infield mix 6 hours • Renovation of pitchers
mound and practice mounds 4 hours • Scarify, roll, clean up fields, leveling 12 hours • Reseeding of infield turf and topdressing 6 hours Regular Season Tasks • Fertilizing and reseeding
of infield turf 4 hours • Mowing 2 times per week 10 hours • Field prep and clean up (weekly) 12 hours • Misc. maintenance tasks (week spraying, edging) 10 hours of grass, spot watering,
hole repair End of Season Tasks • Repair of work turf with resoding 18 hours • Aeration of field 3 hours Total Hours: 85 hours @$38/hr = $3,230 • Administrative Costs .10 x $3,230 =
$323 Total Staff Costs: $3,553 Materials -Cinder clay and pitchers mound clay $920 -Sod for infield turf 650 (amount to be determined at end of season) Total Material Costs: $1,570 Total
Cost Labor + Materials: $5,123