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HomeMy WebLinkAbout102-User Agreements.pdfAGREEMENT 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 December 31, 2010. 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) Making arrangements with City for a preseason inspection of the field 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 field. During the baseball season User Group shall immediately notify 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 by December 31, 2010. 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. Page 2 of 6 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 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. Page 3 of 6 (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 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. 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 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, 2010. 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: ______________________ Page 5 of 6 Page 6 of 6 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. 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 @ $34.00/hr = $6,052 • Administrative Costs: 10 hrs @ $59.00 = $590 Total Cost Labor: $6,642 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: $16,642.00 - 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 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, 2010. 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 July 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. 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, 2010. 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, 2010. 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. 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 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 @ $34.00/hr = $9,588 • Administrative Costs: 5 hrs @ $59.00 = $295 Total Cost Labor: $9,407 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: $19,607 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, 2010. 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 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 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, 2010. 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 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, 2010. 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 @ $34/hr = $2,890 • Administrative Costs 2 hrs @ 59/hr = $118 Total Staff Costs: $3,008 Materials - Cinder clay and pitchers mound clay $920.00 - Sod for infield turf 650.00 (amount to be determined at end of season) Total Material Costs: $1,570.00 Total Cost Labor + Materials: $4,578 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, 2010. 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, 2010. 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 @ $34/hr = $2,750 POST SEASON • CORE AIRATE 4 HRS • FERTILIZE 1 HRS 5 HRS @ $34/hr = $170 • ADMINISTRATIVE COSTS 10 HRS @ $59/hr = $590 • TOTAL STAFF COSTS PER SEASON $3,510 • FALL/SPRING SEASONS = $3,510 x 2 = $7,020 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) = $12,730 • RESODDING OF GOAL AREAS (IF NEEDED) +/- $2,000 sm t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s 8: 0 0 A . M . 8: 3 0 A . M . 9: 0 0 A . M . 9: 3 0 A . M . 10 : 0 0 A . M . 10 : 3 0 A . M . 11 : 0 0 A . M . 11 : 3 0 A . M . 12 : 0 0 P . M . 12 : 3 0 P . M . 1: 0 0 P . M . 1: 3 0 P . M . 2: 0 0 P . M . 2: 3 0 P . M . 3: 0 0 P . M . 3: 3 0 P . M . 4: 0 0 P . M . 4: 3 0 P . M . 5: 0 0 P . M . 5: 3 0 P . M . 6: 0 0 P . M . 6: 3 0 P . M . 7: 0 0 P . M . 7: 3 0 P . M . 8: 0 0 P . M . 8: 3 0 P . M . LE G E N D : = D Y S L NO T E : F I E L D I S C L O S E D F O R R E S T A N D M A I N T E N A N C E A C T I V I T E S B E G I N N I N G T H E 1 S T O F J A N U A R Y T O M I D F E B R U A R Y . December EL Q U I T O P A R K U S E A G E - E X H I B I T " B " Se p t e m b e r Oc t o b e r No v e m b e r Ma y Ju n e Ju l y Au g u s t Ja n u a r y Fe b r u a r y Ma r c h Ap r i l 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, 2010. 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, 2010. 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, 2009. If City determines User Group is Page 4 of 6 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 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.] 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, 2010. 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. (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 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. (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, 2010. 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, 2010. 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 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 TOTAL HOURS: 49 HRS @ $34.00/hr = TOTAL LABOR: $1,666 • TOP DRESS $6,000 • Administrative Costs: 4 hrs @ $59/hr $236 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): $10,077 per year Total Cost = $10,077/2 User Groups = $5,038.50 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 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, 2010. 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, 2010. 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 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, 2010. 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 TOTAL HOURS: 49 HRS @ $34.00/hr = TOTAL LABOR: $1,666 • TOP DRESS $6,000 • Administrative Costs: 4 hrs @ $59/hr $236 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): $10,077 per year Total Cost = $10,077/2 User Groups = $5,038.50 per year DAMAGE OPTION (CHARGE IF EXCESSIVE TURF DAMAGE) • SOD CUT DAMAGED SOD AREAS +/-$2,200 & PREP FOR SOD Page 1 of 7 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“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. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (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 turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, 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 turf 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 High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas 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 High School’s turf fields and parking areas 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 turf field and shared use of the parking areas 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 “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 2 of 7 2. Responsibilities of User Group. User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play 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 turf 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 turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school 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 turf 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 High School’s turf 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 Page 3 of 7 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. Play 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. 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. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 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 High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School 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 High School 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 High School until such time as payment is made. 7. 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 High School 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 High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. Page 4 of 7 8. 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 play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (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 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 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 Page 5 of 7 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, 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 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. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. 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. 10. 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. Page 6 of 7 11. 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: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12. 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. 13. 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: _________________________________ DATED: ___________________ AMERICAN YOUTH SOCCER ORGANIZATION By: ________________________________ Page 7 of 7 DATED: ___________________ APPROVED AS TO FORM: _____________________________________ sm t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s 8: 0 0 A . M . 8: 3 0 A . M . 9: 0 0 A . M . 9: 3 0 A . M . 10 : 0 0 A . M . 10 : 3 0 A . M . 11 : 0 0 A . M . 11 : 3 0 A . M . 12 : 0 0 P . M . 12 : 3 0 P . M . 1: 0 0 P . M . 1: 3 0 P . M . 2: 0 0 P . M . 2: 3 0 P . M . 3: 0 0 P . M . 3: 3 0 P . M . 4: 0 0 P . M . 4: 3 0 P . M . 5: 0 0 P . M . 5: 3 0 P . M . 6: 0 0 P . M . 6: 3 0 P . M . 7: 0 0 P . M . 7: 3 0 P . M . 8: 0 0 P . M . 8: 3 0 P . M . LE G E N D : = C I T Y U S E = P R O S P E C T H I G H S C H O O L U S E NO T E : S C H E D U L E D U S E O F P R O S P E C T H I G H S C H O O L F A C I L I T I E S F O R A D D I T I O N A L G A M E S O R P R A C T I C E S N O T S H O W N A B O V E S H A L L B E D E T E R M I N E D C A S E B Y C A S E B A S E D O N A V A I L A B I L I T Y . Au g u s t Ja n u a r y Fe b r u a r y Ma r c h Ap r i l December PR O S P E C T H I G H S C H O O L U S E A G E M A T R I X SeptemberOctoberNovember Ma y Ju n e Ju l y Attachment “C” Service Charge for Use of Prospect High School Turf Fields AYSO The rental service charge by the Campbell Union High School District 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: 10 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) • Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD • Administrative Costs: 5 hrs @ $59.00 = $295 Total Cost = $TBD Page 1 of 7 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL 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 Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (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 turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, 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 turf 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 High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas 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 High School’s turf fields and parking areas 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 turf field and shared use of the parking areas 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 “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 2 of 7 2. Responsibilities of User Group. User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play 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 turf 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 turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school 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 turf 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 High School’s turf 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 Page 3 of 7 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. Play 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. 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. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 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 High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School 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 High School 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 High School until such time as payment is made. 7. 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 High School 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 High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. Page 4 of 7 8. 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 play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (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 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 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 Page 5 of 7 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, 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 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. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. 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. 10. 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. Page 6 of 7 11. 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: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12. 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. 13. 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: _________________________________ DATED: ___________________ DE ANZA YOUTH SOCCER LEAGUE By: ________________________________ APPROVED AS TO FORM: Page 7 of 7 DATED: ___________________ _____________________________________ sm t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s 8: 0 0 A . M . 8: 3 0 A . M . 9: 0 0 A . M . 9: 3 0 A . M . 10 : 0 0 A . M . 10 : 3 0 A . M . 11 : 0 0 A . M . 11 : 3 0 A . M . 12 : 0 0 P . M . 12 : 3 0 P . M . 1: 0 0 P . M . 1: 3 0 P . M . 2: 0 0 P . M . 2: 3 0 P . M . 3: 0 0 P . M . 3: 3 0 P . M . 4: 0 0 P . M . 4: 3 0 P . M . 5: 0 0 P . M . 5: 3 0 P . M . 6: 0 0 P . M . 6: 3 0 P . M . 7: 0 0 P . M . 7: 3 0 P . M . 8: 0 0 P . M . 8: 3 0 P . M . LE G E N D : = C I T Y U S E = P R O S P E C T H I G H S C H O O L U S E NO T E : S C H E D U L E D U S E O F P R O S P E C T H I G H S C H O O L F A C I L I T I E S F O R A D D I T I O N A L G A M E S O R P R A C T I C E S N O T S H O W N A B O V E S H A L L B E D E T E R M I N E D C A S E B Y C A S E B A S E D O N A V A I L A B I L I T Y . Au g u s t Ja n u a r y Fe b r u a r y Ma r c h Ap r i l December PR O S P E C T H I G H S C H O O L U S E A G E M A T R I X SeptemberOctoberNovember Ma y Ju n e Ju l y Attachment “C” Service Charge for Use of Prospect High School Turf Fields DYSL The rental service charge by the Campbell Union High School District 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: 10 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) • Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD • Administrative Costs: 5 hrs @ $59.00 = $295 Total Cost = $TBD Page 1 of 7 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and between the CITY OF SARATOGA, a municipal corporation (“City”), and WEST VALLEY LACROSSE CLUB, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (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 turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, 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 turf 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 High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas 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 High School’s turf fields and parking areas 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 turf field and shared use of the parking areas 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 “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 2 of 7 2. Responsibilities of User Group. User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play 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 turf 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 turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school 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 turf 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 High School’s turf 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 Page 3 of 7 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. Play 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. 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. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 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 High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School 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 High School 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 High School until such time as payment is made. 7. 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 High School 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 High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. Page 4 of 7 8. 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 play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (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 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 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 Page 5 of 7 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, 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 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. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. 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. 10. 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. Page 6 of 7 11. 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: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12. 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. 13. 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: _________________________________ DATED: ___________________ WEST VALLEY LACROSSE CLUB By: ________________________________ APPROVED AS TO FORM: Page 7 of 7 DATED: ___________________ _____________________________________ sm t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s 8: 0 0 A . M . 8: 3 0 A . M . 9: 0 0 A . M . 9: 3 0 A . M . 10 : 0 0 A . M . 10 : 3 0 A . M . 11 : 0 0 A . M . 11 : 3 0 A . M . 12 : 0 0 P . M . 12 : 3 0 P . M . 1: 0 0 P . M . 1: 3 0 P . M . 2: 0 0 P . M . 2: 3 0 P . M . 3: 0 0 P . M . 3: 3 0 P . M . 4: 0 0 P . M . 4: 3 0 P . M . 5: 0 0 P . M . 5: 3 0 P . M . 6: 0 0 P . M . 6: 3 0 P . M . 7: 0 0 P . M . 7: 3 0 P . M . 8: 0 0 P . M . 8: 3 0 P . M . LE G E N D : = C I T Y U S E = P R O S P E C T H I G H S C H O O L U S E NO T E : S C H E D U L E D U S E O F P R O S P E C T H I G H S C H O O L F A C I L I T I E S F O R A D D I T I O N A L G A M E S O R P R A C T I C E S N O T S H O W N A B O V E S H A L L B E D E T E R M I N E D C A S E B Y C A S E B A S E D O N A V A I L A B I L I T Y . Au g u s t Ja n u a r y Fe b r u a r y Ma r c h Ap r i l December PR O S P E C T H I G H S C H O O L U S E A G E M A T R I X SeptemberOctoberNovember Ma y Ju n e Ju l y Attachment “C” Service Charge for Use of Prospect High School Turf Fields WVLC The rental service charge by the Campbell Union High School District 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: 10 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) • Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD • Administrative Costs: 5 hrs @ $59.00 = $295 Total Cost = $TBD Page 1 of 7 AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and between the CITY OF SARATOGA, a municipal corporation (“City”), and WEST VALLEY YOUTH SOCCER LEAGUE, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (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 turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, 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 turf 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 High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use. User Group shall have the right to use the turf fields and parking areas 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 High School’s turf fields and parking areas 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 turf field and shared use of the parking areas 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 “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 2 of 7 2. Responsibilities of User Group. User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a) Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play 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 turf 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 turf fields. (e) Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f) Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school 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 turf 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 High School’s turf 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 Page 3 of 7 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. 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. 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. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 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 High School for up to one week. 2nd Penalty during season: No use of High School for up to one month. 3rd Penalty during season: No use of High School 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 High School 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 High School until such time as payment is made. 7. 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 High School 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 High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. Page 4 of 7 8. 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 play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (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 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 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 Page 5 of 7 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, 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 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. 9. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. 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. 10. 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. Page 6 of 7 11. 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: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12. 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. 13. 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: _________________________________ DATED: ___________________ WEST VALLEY YOUTH SOCCER LEAGUE By: ________________________________ APPROVED AS TO FORM: Page 7 of 7 DATED: ___________________ _____________________________________ sm t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s 8: 0 0 A . M . 8: 3 0 A . M . 9: 0 0 A . M . 9: 3 0 A . M . 10 : 0 0 A . M . 10 : 3 0 A . M . 11 : 0 0 A . M . 11 : 3 0 A . M . 12 : 0 0 P . M . 12 : 3 0 P . M . 1: 0 0 P . M . 1: 3 0 P . M . 2: 0 0 P . M . 2: 3 0 P . M . 3: 0 0 P . M . 3: 3 0 P . M . 4: 0 0 P . M . 4: 3 0 P . M . 5: 0 0 P . M . 5: 3 0 P . M . 6: 0 0 P . M . 6: 3 0 P . M . 7: 0 0 P . M . 7: 3 0 P . M . 8: 0 0 P . M . 8: 3 0 P . M . LE G E N D : = C I T Y U S E = P R O S P E C T H I G H S C H O O L U S E NO T E : S C H E D U L E D U S E O F P R O S P E C T H I G H S C H O O L F A C I L I T I E S F O R A D D I T I O N A L G A M E S O R P R A C T I C E S N O T S H O W N A B O V E S H A L L B E D E T E R M I N E D C A S E B Y C A S E B A S E D O N A V A I L A B I L I T Y . Au g u s t Ja n u a r y Fe b r u a r y Ma r c h Ap r i l December PR O S P E C T H I G H S C H O O L U S E A G E M A T R I X SeptemberOctoberNovember Ma y Ju n e Ju l y Attachment “C” Service Charge for Use of Prospect High School Turf Fields WVYSL The rental service charge by the Campbell Union High School District 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: 10 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) • Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD • Administrative Costs: 5 hrs @ $59.00 = $295 Total Cost = $TBD 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 AMERICAN YOUTH SOCCER ORGANIZATION, (“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, 2010. 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: _________________________________ DATED: ___________________ AMERICAN YOUTH SOCCER ORGANIZATION By: ________________________________ DATED: ___________________ APPROVED AS TO FORM: _____________________________________ sm t w the fs s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s 8: 0 0 A . M . 8: 3 0 A . M . 9: 0 0 A . M . 9: 3 0 A . M . 10 : 0 0 A . M . 10 : 3 0 A . M . 11 : 0 0 A . M . 11 : 3 0 A . M . 12 : 0 0 P . M . 12 : 3 0 P . M . 1: 0 0 P . M . 1: 3 0 P . M . 2: 0 0 P . M . 2: 3 0 P . M . 3: 0 0 P . M . 3: 3 0 P . M . 4: 0 0 P . M . 4: 3 0 P . M . 5: 0 0 P . M . 5: 3 0 P . M . 6: 0 0 P . M . 6: 3 0 P . M . 7: 0 0 P . M . 7: 3 0 P . M . 8: 0 0 P . M . 8: 3 0 P . M . LE G E N D : = C I T Y U S E = C O L L E G E U S E NO T E : S C H E D U L E D U S E O F C O L L E G E P L A Y F I E L D S F O R A D D I T I O N A L G A M E S O R P R A C T I C E S N O T S H O W N A B O V E S H A L L B E D E T E R M I N E D C A S E B Y C A S E B A S E D O N A V A I L A B I L I T Y . WE S T V A L L E Y C O L L E G E C A N C H O O S E U P T O T H R E E S U N D A Y S D U R I N G T H E C O L L E G I A T E S O C C E R S E A S O N F O R T H E I R U S E Se p t e m b e r Oc t o b e r No v e m b e r Ma y Ju n e Ju l y At t a c h m e n t B Au g u s t Ja n u a r y Fe b r u a r y Ma r c h Ap r i l December WE S T V A L L E Y C O L L E G E U S A G E M A T R I X Attachment “C” Service Charge for Use of West Valley College Grass Fields AYSO 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 @ $34.00 x (hours scheduled) = $TBD (total hours) • 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) • Administrative Costs: 5 hrs @ $59.00 = $295 Total Field Rental Cost = $TBD 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, 2010. 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: _________________________________ DATED: ___________________ De ANZA YOUTH SOCCER LEAGUE By: ________________________________ DATED: ___________________ APPROVED AS TO FORM: _____________________________________ sm t w the fs s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s s m t w t h f s 8: 0 0 A . M . 8: 3 0 A . M . 9: 0 0 A . M . 9: 3 0 A . M . 10 : 0 0 A . M . 10 : 3 0 A . M . 11 : 0 0 A . M . 11 : 3 0 A . M . 12 : 0 0 P . M . 12 : 3 0 P . M . 1: 0 0 P . M . 1: 3 0 P . M . 2: 0 0 P . M . 2: 3 0 P . M . 3: 0 0 P . M . 3: 3 0 P . M . 4: 0 0 P . M . 4: 3 0 P . M . 5: 0 0 P . M . 5: 3 0 P . M . 6: 0 0 P . M . 6: 3 0 P . M . 7: 0 0 P . M . 7: 3 0 P . M . 8: 0 0 P . M . 8: 3 0 P . M . LE G E N D : = C I T Y U S E = C O L L E G E U S E NO T E : S C H E D U L E D U S E O F C O L L E G E P L A Y F I E L D S F O R A D D I T I O N A L G A M E S O R P R A C T I C E S N O T S H O W N A B O V E S H A L L B E D E T E R M I N E D C A S E B Y C A S E B A S E D O N A V A I L A B I L I T Y . WE S T V A L L E Y C O L L E G E C A N C H O O S E U P T O T H R E E S U N D A Y S D U R I N G T H E C O L L E G I A T E S O C C E R S E A S O N F O R T H E I R U S E Se p t e m b e r Oc t o b e r No v e m b e r Ma y Ju n e Ju l y At t a c h m e n t B Au g u s t Ja n u a r y Fe b r u a r y Ma r c h Ap r i l December WE S T V A L L E Y C O L L E G E U S A G E M A T R I X 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 @ $34.00 x (hours scheduled) = $TBD (total hours) • 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) • Administrative Costs: 5 hrs @ $59.00 = $295 Total Field Rental Cost = $TBD