HomeMy WebLinkAbout106-5. User agreements for West Valley College.pdf
AGREEMENT CONCERNING USE OF WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT PROPERTY THIS AGREEMENT (“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. The West Valley-Mission Community College District (“District”) is the owner
of an educational facility, located on Fruitvale Avenue, known as West Valley College (“the College”), in which the District has constructed facilities, including playing fields that
are the subject of this agreement and shown on Exhibit “A”. B. On September 6, 2006, City entered into an agreement with District over the joint use of the College premises (“Joint Use
Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the College’s playing fields (shown on Exhibit A to the Joint Use Agreement) for the
purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the playing fields by private user groups, such as User Group.
C. City now desires to grant User Group the right to use the College’s playing fields, provided User Group agrees to comply with City’s obligations towards District under the Joint Use
Agreement, as specified in this Agreement and provided further that District does not limit City’s right to field use during the times that use is authorized by this Agreement. City
and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the College’s playing fields. NOW,
THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the playing fields shown on Exhibit “A” to the Joint Use Agreement,
during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by
User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the College’s playing fields and (b) the anticipated
schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each
Season, User Group shall be entitled to the exclusive use of the playing fields during the conduct of its games and practices, so long as the right to such use by the City is not terminated
or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “West
Valley College”, “West Valley-Mission Community College District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 6
2. Responsibilities of User Group. User Group may use the College’s playing fields in accordance to the limits established in the attached Joint Use Agreement and College rules and regulations,
including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the playing fields or parking areas and depositing of all garbage in District
trash containers located at the playing fields; (b) Ensuring the safety of all User Group activities; (c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise
placed in any way on any area in use pursuant to this Agreement; (d) Participating with City in a pre-season inspection of the playing fields at least 30 days prior to the beginning
of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the playing fields (e) Notifying City immediately of any objections to
the condition of the turf field encountered during the spring and fall Seasons. (f) Prohibiting sale of food or liquids of any kind on College grounds. (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. 3. Responsibilities of City. (a) Making arrangements with User
Group for a pre-season inspection of the playing fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including
scheduled sanitation service) for use by User Group. 4. Service charge. In consideration for the right to use the College’s playing fields and parking areas, as hereinabove described,
User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such service charge shall be due and payable on or before
December 31 for the fall soccer season and on or before July 1 for the spring soccer season. 5. Playing Field 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 playing fields, 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 fields as determined by the Page 2 of 6
Public Works Director and/or his (her) City employee designee to ensure the long term health of the fields. 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 College 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 or District pursuant to the Joint Use Agreement as follows: 1st Penalty during season: No use of College for up to one week.
2nd Penalty during season: No use of College for up to one month. 3rd Penalty during season: No use of College 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 College 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 College 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 College by User Group or from the performance by User Group of its obligations under this Agreement. User Group
further agrees to compensate City for any and all damages to College (including any facilities therein) directly or indirectly resulting from User Group’s use of the College play fields.
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 College play fields, and the performance of the obligations hereunder by User Group, its
agents, representatives or employees. Page 3 of 6
(a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 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 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. Page 4 of 6
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, naming City as additional insured
under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, 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 College play fields. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time. (e) Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes
may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in
Exhibit “A” to the Joint Use Agreement. 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.
In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 11. Contract Administration. This Agreement shall be administered on behalf of City by the
Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with
User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. 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 Page 5 of 6
Page 6 of 6 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: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________
Fax: _______________________________ 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. 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. DATED: ___________________ CITY OF SARATOGA, a municipal corporation By:
_________________________________ Dave Anderson, City Manager DATED: ___________________ De ANZA YOUTH SOCCER LEAGUE By: ________________________________ DATED: ___________________ APPROVED
AS TO FORM: _____________________________________
² Playfield No. 2 Parking Area Playfield No. 1 Short Hill Court Gardne r Lane Spring of 2001 Aerial Photo Exhibit A
s m t wthef 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: = CITY USE = COLLEGE USE N OTE: SCHEDULED USE OF COLLEGE PLAY FIELDS FOR ADDITIONAL GAMES OR PRACTICES NOT SHOWN
ABOVE SHALL BE DETERMINED CASE BY CASE BASED ON AVAILABILITY. WEST VALLEY COLLEGE CAN CHOOSE UP TO THREE SUNDAYS DURING THE COLLEGIATE SOCCER SEASON FOR THEIR USE May June July September
October November Attachment B January February March April August December WEST VALLEY COLLEGE USAGE MATRIX
Attachment “C” Service Charge for Use of West Valley College Grass Fields DYSL The rental service charge by West Valley College is per each field rented calculated by the numbers of
hours scheduled @$35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled
by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined
when number of hours scheduled is known. • Base Cost: hours scheduled @$35.00/hour = $TBD • City Labor Costs: 25 hrs @$38.00 x (hours scheduled) = $TBD (total hours) • Administrative
Costs: .10 x (City Labor Costs) = $TBD • Materials and Contract Labor: Top Dressing: $6,000 Crabgrass Spray: 4,000 Broadleaf Spray: 1,600 Fertilizer: 2,500 De-Thatching Bin: 500 Sod
(Goal Area): 2,400 Total Yearly Maintenance Cost = $17,000 City Cost = $17,000 x 17% = $2,890 Per Season Cost = $2,890/2 = $1,445 User Cost = $1,445 x (hours scheduled) = $TBD (total
hours) • Restroom Rental Costs: 6 months @$160/month x (hours scheduled) = (total hours) Total Field Rental Cost = $TBD