HomeMy WebLinkAbout103-2. User agreements for El Quito Park.pdf
AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and De Anza Youth
Soccer League (“User Group”), is made with reference to the following facts: A. City is owner of a public park(s), located on Paseo Presda, known as El Quito Park (“the Park”), in which
City has constructed facilities including a soccer field. 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. User Group shall inform City as to the starting and ending dates of its season or use period (See Usage Schedule “Exhibit B”). Such notice shall be furnished to City at
least thirty (30) days prior to the commencement of the season or use period and shall furnish the City with a copy of the practice schedule at least seven (7) days prior to the commencement
of the season or use period. User Group shall furnish City with a copy of any changes to the practice schedule that would change the date or time of Park use at least 24 hours prior
to the first period of time affected by the change in schedule. User Group shall be entitled to the use of the soccer field the conduct of its scheduled practices. At all other times,
the area designated for use shall be 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 litter and debris after each game or practice and deposit
of all garbage in the trash containers. (b) Ensuring the safety of all User Group activities. (c) 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 User Group shall advise the City of any objections to the condition of the turf fields. During the soccer season User
Group shall immediately notify the City of any objections to the condition of the turf fields. Page 1 of 6
(d) Utilize the Westhope Church parking lot off of Saratoga Avenue as the designated parking area for all User Group activities at the park. (e) 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 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 Page 2 of 6
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. 2. Workers’
Compensation and 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 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 or volunteers. b. User Group’s
insurance shall be primary insurance as respects the City, its officers, officials, employees 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. Page 3 of 6
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees 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 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. 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 Page 4 of 6
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 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. Page 5 of 6
Page 6 of 6 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 De Anza Youth Soccer League By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print
Name] Its: _____________________________ [Specify Office: President, etc.]
EXHIBIT “A” DYSL SOCCER (El Quito Park) TASK: REGULAR SEASON CITY STAFF: • AIRATE (Two times/yr @4hrs) 16 HRS • SPIKE AIRATE (10 times/yr @4hrs) 40 HRS • ADDITIONAL MOWING(12 times/yr
@2hrs) 24 HRS • OVERSEED FID 1X DURING SEASON 1 HRS 81 HRS @$38/hr = $3,078 POST SEASON • CORE AIRATE 4 HRS • FERTILIZE 1 HRS 5 HRS @$38/hr = $190 $3,268 • ADMINISTRATIVE COSTS .10 X
$3,268 = $327 • TOTAL STAFF COSTS PER SEASON $3,595 • FALL/SPRING SEASONS = $3,595 x 2 = $7,190 MATERIALS: • TOP DRESS (Contract Work/Materials) $5,500 FERTILIZE (22-4-4) 20 Bags x $10.50
$210 • SEED (200 Lbs) 200lbs x $1.00 $200 • TOTAL MATERIALS $5,710 TOTAL PER YEAR (HOURS, CONTRACTS, MATERILAS, LABOR) = $12,900 • RESODDING OF GOAL AREAS (IF NEEDED) +/-$2,000
s m t wth f s s m t wth f s s m t wth f s s m t wth f s s m t wth f s s m t wth f s s m t wth f s s m t wth f s s m t wth f s s m t wth f s s m t wth f s s m t wth f s 8:00 A.M. 8:30
A.M. 9:00 A.M. 9:30 A.M. 10:00 A.M. 10:30 A.M. 11:00 A.M. 11:30 A.M. 12:00 P.M. 12:30 P.M. 1:00 P.M. 1:30 P.M. 2:00 P.M. 2:30 P.M. 3:00 P.M. 3:30 P.M. 4:00 P.M. 4:30 P.M. 5:00 P.M. 5:30
P.M. 6:00 P.M. 6:30 P.M. 7:00 P.M. 7:30 P.M. 8:00 P.M. 8:30 P.M. LEGEND: = DYSL NOTE: FIELD IS CLOSED FOR REST AND MAINTENANCE ACTIVITES BEGINNING THE 1ST OF JANUARY TO MID FEBRUARY.
December EL QUITO PARK USEAGE -EXHIBIT "B" January February March April May June July August September October November
AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENT, dated_______________________, by and between THE CITY OF SARATOGA, a municipal corporation (“City”), and Quito Little League
(“User Group”), is made with reference to the following facts: A. City is owner of a public park(s), located on Paseo Presda, known as El Quito Park (“the Park”), in which City has constructed
facilities including a baseball/softball field. 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 Quito Little League shall have the right to
use the baseball/softball field pursuant to this Agreement during the months of January through June (“Baseball Season”).User Group shall inform City as to the starting and ending dates
of its season or use period. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the season or use period and shall furnish the City with a
copy of the practice schedule at least seven (7) days prior to the commencement of the season or use period. User Group shall furnish City with a copy of any changes to the practice
schedule that would change the date or time of Park use at least 24 hours prior to the first period of time affected by the change in schedule. User Group shall be entitled to the use
of the baseball/softball field during the conduct of its scheduled practices. At all other times, the area designated for use shall be 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 litter and debris after each game or practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all User Group activities.
Page 1 of 6
(c) 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. (d) Utilize
the Westhope Church parking lot off of Saratoga Avenue as the designated parking area for all User Group activities at the park. (d) No hard balls or outfield batting practice is allowed.
(e) 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 (baseball/softball field), 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 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. Page 2 of 6
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. 2. Workers’ Compensation and 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 and volunteers are to be covered as insureds as respects: liability arising out of activities Page 3 of 6
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 or
volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees 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 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 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. 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 Page 4 of 6
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 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 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. Page 5 of 6
Page 6 of 6 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
Quito Little League By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________
________ [Specify Office: President, etc.]
Exhibit “A” TASK: PRE-SEASON CITY STAFF • Trim infield edges (258’ sq ft.) 4 hrs • Pre-Season General Prep 3 hrs Including, Batter Box, Pitcher Mound Repair (fill, pack & level) Scarify
& roll infield. REGULAR SEASON • Roll infield 3x during season 2 hrs • Clean Decomposed Granite off edges (weekly) 4 hrs TOTAL CITY HRS 13hrs (@t $38.00/hr) $494 • Administrative Costs:
.10 x 494 $49 MATERIALS: • Decomposed Granite/Clay Materials & Pitcher Mound & Home Plate Clay $125 TOTAL MATERIALS $125 TOTAL (HOURS, CONTRACTS, LABOR MAT’L) $668
S m t Wth f S S m t Wth f S S m t Wth f S S m t Wth f S S m t Wth f S S m t Wth f S S m t Wth f S S m t Wth f S S m t Wth f S S m t Wth f S S m t Wth f S S m t Wth f S 8:00 A.M. 8:30
A.M. 9:00 A.M. 9:30 A.M. 10:00 A.M. 10:30 A.M. 11:00 A.M. 11:30 A.M. 12:00 P.M. 12:30 P.M. 1:00 P.M. 1:30 P.M. 2:00 P.M. 2:30 P.M. 3:00 P.M. 3:30 P.M. 4:00 P.M. 4:30 P.M. 5:00 P.M. 5:30
P.M. 6:00 P.M. 6:30 P.M. 7:00 P.M. 7:30 P.M. 8:00 P.M. 8:30 P.M. LEGEND: = QUITO LITTLE LEAGUE NOTE: FIELD IS CLOSED FOR REST AND MAINTENANCE ACTIVITES BEGINNING THE 1ST OF JANUARY TO
MID FEBRUARY. January February March April August December EXHIBIT "B" May June July September October November