Loading...
HomeMy WebLinkAbout104-3. User agreements for Kevin Moran 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, located on Scully Avenue, known as Kevin Moran Park (“the Park”). 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 DYSL shall have the right to use the turf field (see Exhibit “B” for location) pursuant to this Agreement during the spring and fall soccer seasons. Per Municipal Code Section 11-05.054: (1) The park may be used for practice use only--no games may be played at the Park. (2) No use is allowed on Sundays. (3) All use shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first. (4) No more than three teams may use the park at any one time. (5) No Saturday use of the park unless approved by the Public Works Director in accordance with the Municipal Code Section 11-05.054. Each year, DYSL shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf field (b) the schedule for 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 DYSL shall be entitled to shared use of the turf fields for the conduct of its practices. 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: Page 1 of 6 (a) Clean up of litter and debris after each practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all DYSL activities. (d) 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 DYSL shall advise the City of any objections to the condition of the turf fields. During the Soccer Season DYSL shall immediately notify the City of any objections to the condition of the turf fields. (c) Ensuring the safety of all User Group activities. (e) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of each soccer season, at which time User Group shall advise the City of any objections to the condition of the field. (i) 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 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 Page 2 of 6 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. 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: Page 3 of 6 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. 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 Page 4 of 6 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 City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 Page 5 of 6 Page 6 of 6 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 De Anza Youth Soccer League By_____________________ Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: ___________________________ __ [Specify Office: President, etc.] Exhibit “A” Additional City Maintenance at Kevin Moran Park -DYSL TASK: HOURS: • AIRATE 20 HRS • OVERSEED FLD 1X DURING SEASON 5 HRS • Spike 5X DURING SEASON 20 HRS POST SEASON • FERTILIZE 4 HRS T O T A L HOURS: 49 HRS @$38.00/hr = TOTAL LABOR: $1,862 • Administrative Costs: .10 x $1,862 $186 • TOP DRESS $6,000 MATERIALS: • FERTILIZE Nitrex 22-4-4 $1,200 • SEED (400 Lbs) 1700 lbs x $.075 $975 TOTAL MAT’L: $2,175 TOTAL (HOURS, CONTRACTS, LABOR): $10,223 per year Total Cost = $10,223/2 User Groups = $5,111.50 per year DAMAGE OPTION (CHARGE IF EXCESSIVE TURF DAMAGE) • SOD CUT DAMAGED SOD AREAS +/-$2,200 & PREP FOR SOD 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 Scully Avenue, known as Kevin Moran Park (“the Park”). 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 AYSO shall have the right to use the turf field (see Exhibit “B” for location) pursuant to this Agreement during the spring and fall soccer seasons. Per Municipal Code Section 11-05.054: (1) The park may be used for practice use only--no games may be played at the Park. (2) No use is allowed on Sundays. (3) All use shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first. (4) No more than three teams may use the park at any one time. (5) No Saturday use of the park unless approved by the Public Works Director in accordance with the Municipal Code Section 11-05.054. Each year, AYSO shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf field (b) the schedule for 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 shared use of the turf fields for the conduct of its practices. 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: Page 1 of 6 (a) Clean up of litter and debris after each practice and deposit of all garbage in the trash containers. (b) Ensuring the safety of all AYSO activities. (c) Ensuring the safety of all User Group activities. (d) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of each soccer season, at which time User Group shall advise the City of any objections to the condition of the field. (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 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 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. Page 3 of 6 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. 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. Page 4 of 6 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 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 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 Page 5 of 6 Page 6 of 6 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 Kevin Moran Park -AYSO TASK: HOURS: • AIRATE 20 HRS • OVERSEED FLD 1X DURING SEASON 5 HRS • Spike 5X DURING SEASON 20 HRS POST SEASON • FERTILIZE 4 HRS T O T A L HOURS: 49 HRS @$38.00/hr = TOTAL LABOR: $1,862 • Administrative Costs: .10 x $1,862 $186 • TOP DRESS $6,000 MATERIALS: • FERTILIZE Nitrex 22-4-4 $1,200 • SEED (400 Lbs) 1700 lbs x $.075 $975 TOTAL MAT’L: $2,175 TOTAL (HOURS, CONTRACTS, LABOR): $10,223 per year Total Cost = $10,223/2 User Groups = $5,111.50 per year DAMAGE OPTION (CHARGE IF EXCESSIVE TURF DAMAGE) • SOD CUT DAMAGED SOD AREAS +/-$2,200 & PREP FOR SOD