Loading...
HomeMy WebLinkAbout04-18-2002 Park and Recreation Commission AgendasSaratoga Parks and Recreation Commission Special Public Input Meeting Azule Park Saratoga Senior Center 19655 Allendale Avenue, Saratoga Thursday, April 18, 2002 7:00 p.m. AGENDA I. Or�anization 1) Roll Call: Elaine Clabeaux, Logan Deimler, Sandra Dodge, Angela Frazier, Norbert Fronczak, Greg Gates, Nick Seroff 2) Report on Posting of the Agenda: Pursuant to Government Code 54954.2 the agenda was properly posted on April 12, 2002. II. Administration 1) None III. Oral Written Communication (This section is for the public to speak on any item not on the agenda-3 minute limit) N. Old Business 1) None V. New Business 1) Azule Park Project a. Hold Public Meeting Review of 25% Drawings: Introduction of Commission Member Overview of Project Introduction of MPA Design Presentation by MPA Design Open Public Input Session Close Public Input Session b. Commission Discussion Regarding 25% Drawings. VI. Commissioner Staff Reports None VII. Adiournment 0 AZULE PARK IMPROVEMENT PROJECT TIMELINE 16-Jan-02 11-Feb-02 V MPA Design First Task Force Contract Approved. Meeting: Introductions Review project history. 7-Mar-02 Review Design Conceptions and review overall safety issues with Sheriff. 1-A�p�r-02 C V 1) Review of 25% Plans Arborist Report 2) Set Date for 25% Public Meeting submit copies of 25% Plans to PRC V 1) Meet with: a) Adjacent property owners b) Chair of PSC c) Park Supervisor 2) Mail Public Meeting notice for 25% Plans. 3) Post 25% Plans on the City Website and in a Public Viewing area. 18-Apr-02 1-May-02 6-May-02 3-Jun-02> 4-Jun-02a 25% Public meeting Task Force 75% Public meeting 100% Plans Out to Bid Special Meeting Meeting Special meeting approved by with PRC. 50% review. with PRC. PRC. 10-Ju1-02 1 1-Aug-02 C 1-Dec-02 City Council approval of Construction 4 month Park Completion. construction contract. begins. construction period 9-Apr-02 a o Task Force review of Playground Equipment for April 18, 2002 meeting. 3-Ju1-02 0 0 V Open Bids Memoranclum To: John Cherbone From: Cary Bloomquist Date: 4/19/02 Re: Azule Park Project Individual Property Owner Meeting Summary Hi John, Listed in the table below is a summary of the meetings held with individual property owners who live either directly across or adjacent to the park. Property Owner: Norber-t Margaret Fronczak Dr. Mrs. Ho Property Address: 12255 Goleta Ave. 12274 Goleta Ave. Comments: Met at the City on 4/15/02. Primary concems were privacy and the removal of trees along fence line. Also indicated a desire to have a taller fence installed along the shared property line with the park. Also indicated a desire to have the pathway on the frontage of Goleta end at the junction instead of at the property line. Talked via telephone on 4/11/02. Expressed, numerous times, concerns about loitering in the Park by teenagers. Does not want benches or entry to the Park in front of his house. Concerned about traffic and safety and does not support sidewalk development or expansion along Goleta for fear of this becoming a"Drop off" zone for Blue Hills School parents. Per voice mail message left on 4/10/02, supports Park as represented by drawing on Website. Vibha Anu Goel 12262 Goleta Ave. 1 April 19, 2002 Mr. Mrs. Daniel Yau 12250 Goleta Ave. Per meeting at City on 4/12/02; Mr. Yau supports the plan as presented. Expressed a desire to have the play area highly visible so children can be clearly seen if walking on the pathway around the park. Mr. Mrs: Herman Lao 19974 Knollwood Per meeting at residence on 4/OS/02, Court Mr. Lao had concerns about potential parking traffic issues if an entrance to the park were placed off Knollwood Court. Also concerned about privacy vandalism issues which could result from pedestrian cycling traffic passing by his home. Expressed an interest in having a gate to the park installed along the shared property line with a lock and key he would possess. Wants Park lighting to be directed away from his property and wants a taller fence installed along side his existing fence. 2 I emOl�dtlClUm To: John Cherbone From: Cary Bloomquist Date: 4/19/02 Re: Azule Park Project Individual Property Owner Meeting Summary Hi John, Listed in the table below is a summary of the meetings held with individual property owners who live either directly across or adjacent to the park. Property Owner: Norbert Margaret Fronczak Dr. Mrs. Ho Vibha Anu Goel Property Address: 12255 Goleta Ave. 12274 Goleta Ave. 12262 Goleta Ave. Comments: Met at the City on 4/15/02. Primary concerns were privacy and the removal of trees along fence line. Also indicated a desire to have a taller fence installed along the shared property line with the park. Also indicated a desire to have the pathway on the frontage of Goleta end at the junction instead of at the property line. Talked via telephone on 4/11/02. Expressed, numerous times, concerns about loitering in the Park by teenagers. Does not want benches or entry to the Park in front of his house. Concerned about traffic and safety and does not support sidewalk development or expansion along Goleta for fear of this becoming a"Drop off' zone for Blue Hills School parents. Per voice mail message left on 4/10/02, supports Park as represented by drawing on Website. 1 April 19, 2002 Mr. Mrs. Daniel 12250 Goleta Ave Yau Mr. Mrs. Herman 19974 Knollwood Lao Court Per meeting at City on 4/12/02, Mr. Yau supports the plan as presented. Expressed a desire to have the play area highly visible so children can be clearly seen if walking on the pathway around the park. Per_ meeting at residence on 4/OS/02, Mr. Lao had concerns about potential parking traffic issues if an entrance to the park were placed off Knollwood Court. Also concerned about privacy vandalism issues which could result from pedestrian cycling traffic passing by his home. Expressed an interest in having a gate to the pazk installed along the shared property line with a lock and key he would possess. Wants Park lighting to be directed away from his property and wants a taller fence installed along side his existing fence. 2 r -�,u-�`"�g Y_ �o p 11 e5 4 il, J 1 r j �Q.��' �j i r' r �1 t C I u L CtO�.�t�tS Ct !�G f I i u 1 1! C, �`1��.. t y l+ �t i ��Q� I l y J/ l i �„1✓ j C)�1T'� 1 1. i j `I �j�C1��� J �7°�-- Q ��o� ��ti 1 1 d W. 1 J f o f N i O i O 4� L i v v J z V �V 1 `i 4 I 1 w 't Y-/ 6�C�.� s�� o �,�-'G�l� 7N `a 1/ ti ,il W J I, s l�Q UTH T� r j t I �1 i r '1 O i i�_ ��i R;� TOT,'C6°�; j i i r�' i y 1 t a Q C �k j �f QV►'� S`� �O3`1 i i l r�, �s 2 ��1� i I J l 3 f O S� 1 ,,r �l Y UT H L� 4 b� f t �J i i J �g�- -,LOT; W i wKOu� w�w V 1�u� i i i L `.r- �j p t'�� J' s-- v -1 --k .4 r u ,x.� pT L ti'� c� t� l r ..J l.t�'`""° i t h t L"�..�`- jj�� y 1 t 1 I 11 r J I 1 II -;r, L-� j v �1 y i 1 r I j r 0'�T•�' n �.,r,� 8 ,'y 1 i o ►1 1 J j ��J ,r, t3 t J Q St�� r'�„ tA d' Q� N O -r' 1�. V V v v 1 o i 4 l/ ,1 j`� 1 f r ti a �a O 1 f 4 j' �7QuTH �T� 'i�� T4T �'�p�f,� ��`s- f I f ,1 1 i r 1 t 5\ j r i. 1 j l 1 I s j��+ J' f f O i J 1 J r G,,,�,�,�,1, (�b�j S j r i Qu►� '�4'� '�'u�'�' 1 �53 o N O 2 ,a t 7 1 C�1�'� i v 3< r 1 v V"�`�! O 7��� �J 5 1 1� 1 1 -C6� Y Q T H T l ti r i �i i V J i J Q o� S� L a�� c�� o Q� f�p l o �o�V �19 03 C�lKO u�1 W�w s ti a- 3 Q a V J� �1�8�F --L�OT� i !�I ii 1 �1r i JI t. li ��N� i i �XISTING SOUNDWALL MOUNDS WITH WILDFLOWERS EXISTING SOUNDWALL CURVED CUMBING WALL LARGE OAK TREES TO REMAIN 4-10' NIGH BELT SWINGS COMPOSITE STRUCTURE ��1��P�R /�F� w/ DRAINA OPEN AT r�'1�NDING ASPHALT WA�K �A�^ES MPA Design BASE F WALL (12 i I I zes s �ree�e t�tatr�v r, ------V v Y .aamo�e� f Ifr� s y .�ni�� w..�.� l t "29C J 6/ 6s Stred V a J p M==---- ,1 T3'J�W9Lt� 3oeFaX. PEDESTRIAN RAMP, PE� RAMP 'o p l rL �c o �t e A o�t�eQ�� '29a9 y �9ti �f;1 o A o A F�C-K��Wi1�f$ tlSQI-�66{ .ri �y��' �L�� //i%�� C 8 O �.:tc: v:. 7 37 0 z9 ��r. A TOT TREE r o, •a�� c� 29 e' c�ac� t�- '�Y- aY t rn o 1 75-8"THEES t�� C i' 397 16'P .E 16"F':E f'p p ry o 0 o DEAD i �jJ �J s i V c i p LI Q y FY.E X:=- �%j 9AY C ��ULT1-::JT f 3 ��Yrt _r 1a• cR;: ',t5'.1� 3 7 D02 a a i9S7 ..7. i E97'� �5 `n i A :::E i 3Dt 5 i�,- i ,i 5 o .A i:rnPOSrrE srRUCr�c �w r'- i l 6E 1 t y d- i'� 1 �S� .1AWN AFZF o SCULPTURE PHALT WALI. t I 1 �fY cuc t ,_1' -f MOUNDING p i .;9: 1 V �A 1 1 1 PAR COURS W I`,o�� ie oac 1 1 i �.��oi.v i wi.e. r .g 15 STEP U �g 1\ o I �A� ��a .i Q r j� A+�/pf �f n I I 1 y -T ..S A 904 n _-l_I� 4 S 2 _YJ7 6 .79A3 �p N P LE R ED F N �ys.o y eS 2971 A •T" A ..''30 F ti om Rp OAK f O O ;f: n �'l:v ��o -'J o w/B NVE y �W P pVE 0 2951 6' ALkOr: r 'l' ,n �d n. /�i G L�l'' •1 PICNIC AREA LES Zo• �i i r� AND U PR. i's r i i Q n A i,/ �i 2953 TWO H OE PIT" 8 6' o^k �i� 7 J j �"ii" 300.6 307.6 EXIS3ANG CHAIN I.IN 8.6 �1-1�/ i CAWN PANEL WRH VIEW FENCE F q' 'n: j� IN70 PARK FROM THE STREET 299.5 29 :_3 iJfU���S b 29�.9 TENNIS URT W/ G/ i/i�. CHAIN LJN FE CE. i i;, i, SITM-UP URSE oNC %%i 1 j�� P �HIKULAR ACCESS INTO �-t,.rf 2ve.s i �.s ASPHALT WALK ORINKING FOUNTAIR 0 2 WAITING AREA W/ 1 aot. BENCHES i y��� 99 TREES IN PLANTERS '�z9za C0�9R3E e� j z f' I�r� PuNt 1L4f NT BLUE HILLS C N-UP e 'es y,r/////)/�////tl ASPFIALT PANNG ELEME Y SCHOOL-� 5 STREET TREES TO MATCH ADJACENT SCHOOL �t�luUlulr ie oa TENNIS OURT W/ TREES. DfCOA1POSED CRANITE PAVMC SS11H �:;j nESaAUS �orwm.� ��U ��5 cu oeaouous CHAIN LI FENC uu A o s'PrtHEnc s�FE�r A1RF�cu+c ��y tJ t t. uc�w� cw�ae wrrrr� �s cx oeaouous 18� Db0. EXIS 2�.s' �K OAK TREE AZULE PARK 1tFR�D WOOD FIBER 298.6 3C0. h Pura+us �nroua za- eox �p�s i FLOWERING TREES SARATOGA u cowue�' REDWOODFTREES i'- J TO fRAME ENTRY TO FRAME ENTRY -1 STREET TREES T WERCUS AGR[FOLIA CQ0.ST lNE OAK 15 Gnl EVERCREEN P rr. mearo �i 1 YOIAJDINC �b� j r sr MATCH ADJACENT OL TREES. `Z v WERCUS L06�TA VALLEY OMK 15 CAL DEdWOl/S L�� B orr• v� BQ1CN 249.5 4 98. TREE r. S CNESS Tn816 SEOU0IA SFIAPER'VIRENS CQ0.ST REDw00U 15 CAl EVETtGREEN. BLOCKOUT ry DM r roA +a zooz AP70S BLUE' OPEN CYRAMIQAL PfpIIC TABLE M�RIDSCREEN p� oc�srwc rn�s To Ko,www cssan�noo�ns w+n aQma+KS (cart.) (oart.) C� eor�rxK ww� co�on wu� s� o�avrrr�, i eo co�oeoN w� s� o�raN w, ARMERIA YN3R1H SEA THRIfT F.G. COAINON UHTANA 1 CAL PUIK SPRWG CW�R7 UNK F'EIiCE 6' O.C. SPPoNG BOTAIUfi1L NM(E COYItOfI NA11E Slg DESCPoPTION flACCFi4RU5 P0.UURI$ DWARF COYOTF 1 GPL EVERCREEN 299 5 IT SEA LAVENDAR 1 GAL LAVENDER FLOWER DOUBI.E HORSESFiOE Pff yp,pN YEN�AEIIWN 5 C��1 6WEPoNG PRESfRANS BRUSH ICyy 40NKEY fLOWER 1 GAI. �YELLOW SPR4tG CERqS OCCIDEHTALIS WESiF.RN REIIBUD 5 G4L Q£� VtO�Po ONT�ALIS��AHp�i R� BAY CfAN07HU5 1 C�li �S RU� 5 L SPECfES SACE 1 CAL PURPLE SPPoNG dSfUS CORBARSENSIS WF9TE ROCK ROSE 1 G4L WHffE ROWERRIC rrs CARHYA ELL1PTlCA S�LIC TASSEL 1 CAL �'!G 6RASSES MY.OflAME76 LUPIN115 ARBOR£US LUPWE 1 GAL EVERCREEN. BLUE COTONFASTER 'LOWFhS7 COTQNFJSfER 1 GAL RED��ES �HOLZW C1J.IFORN�CA CAL1FOiM7A POPPf BY MAND GRASS P1 6ilNE Ra LANDSCAPE ECF4ilY FASIUDSUTA PR�E OF MADFRA 1 CAL PURPLE RAN'ER PENMSEf1JM SETACEUM PURPLE LEAf C� EVERCREEN R�9f5 SAlICIJMElJY NC 1 CAL PIMK FIOWERING SPPoNC rouaRUr�ws• Fouwranu cw�ss PLAN unHOw� rt�rros ca�u+c ►�awHU i �u �o+ neoutwvu uRVa�w+n waxcESS ctowQt s cu �H. Pur� aunru,wus nuru►w ►rooa cu rEUOw ca�r+ FLOWERm SUMAfER (,�5 FOLIAGE 1' TALL 6fEDlROCOVFIU A!D P�DlUALS �t15 OOi1C1ASNNA-FIYBPoDS D011GlAS fPo5 1 CAL BLUE FLOWERED frr. SPRWG BQTNdG1L lUIE Cp6qN !MI@ 54E DESCR�IION KlITHOFIA WMW RED HOT POKER 1 CAL ORANCE ROWERED ACF9LLEA CIAVEIOJAE YEl1DW YARR0IY 1 GAL YELLOW SPRiNC SPPoNC �AIE 1'= JD 6D 90 I• O AYAKYLL6 BELLADONNA NAKm lMY LAY BIABS PINK FLOriERED 10" O.C. AlfR1MN AGREEMENT CONCERNING AYSO USE OF CONGRESS SPRINGS PARK THIS AGRE dated by and between THE CITY OF SARATOGA, a municipal corporation ("Cit}�'), and AMERICAN YOUTH SOCCER ORGANIZATION- REGION 27 ("AYSO"), 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. AYSO has regularly utilized the Pazk for the conduct of games and practices during its season and desires to continue such use. C. AYSO and Saratoga Little League Baseball, Inc. ("Little League"), jointly own equipment installed within the snack shack. D. City and AYSO desire to execute this Agreement to establish their respective rights and obligations conceming the use and maintenance of the Park. E. AYSO and it members have contributed a sum of $TBD for non-soccer related elements as part of the renovation of the Park. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Term and Times of Use. This Agreement shall become effective upon execution by the parties and shall ternunate on December 31, 2004. 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: (a) Turf field set up and maintenance as follows: Converting field from usage by Little League Baseball and Pony League Baseball except for those items that are the responsibility of AYSO as described below. Field conversion will include the AYSO CSP Use A�reement 1 of 9 installation of temporary fencing, as necessary, to prevent balls from rolling onto Glen Brae Avenue from the fields. Fertilization. Thatching. Core aeration and plug pickup. Field rolling. Broadleaf weed control. Slit aeration. Overseed field. �x. Dethatch. x. Field mowing. X�. Irrigation and maintenance of the turf field imgation system. X��. Cut out and re-sod wom turf areas. Convert field for usage by Little League Baseball and Pony League Baseball except for those items that are the responsibility of AYSO as described below. (b) Providing utility services for the snack shack. (c) Removal of trash from the trash containers in the Park. (d) Maintenance of the Park restrooms including those in the snack shack. (e) Changing the locks on the snack shack doors at the beginning and end of every Soccer Season. Scheduling a post-season meeting to review field conditions, maintenance requirements for the Park, and reconciliation of the maintenance costs and credits for fhe next soccer season. 3. Responsibilities of AYSO. AYSO 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) Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (c) Ensuring the safety of all AYSO activities including, but not limited to, taking all reasonable efforts to prevent 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 an AYSO practice or game. AYSO CSP Use Aereement 2 of 9 r (d) Painting all soccer field lines and other markings. Said lines and markings are to be painted by AYSO with athletic field marking paint approved by the Public Works Director. No chemicals or oils may be used to burn in any lines or markings in the turf grass fields. AYSO shall rotate field layout and use, as feasible, in accordance with a schedule approved by the Public Works Director prior to the beginning of the Soccer Season. (e) Installation of goal posts prior to commencement of regulaz playing season. Removal of goal posts at end of season. (g) Making arrangements with City for a preseason inspection of the turf fields within 60 davs and not more than 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. 4. Payment. In consideration for the additional maintenance and other services provided by City, as described in Exhibit A, AYSO shall pay to the City the amount of not to exceed $12,306 for actual maintenance costs as determined by the Director of Public Works each Soccer Season during the term of this Agreement. Such payment shall be made no later than December l of each year and shall be delivered to the Director of the Department of Public Works. In recognition of AYSO's independent contributions to the Congress Springs Park Youth Sports Fund and the prepayment payment of user fees in the amount of $25,500, the park user fee for AYSO shall be waived for the duration of the term of this Agreement. 5. Park Use Policy. Notwithstanding any other provision of this Agreement, the Public Works Director shall have full authority to regulate the use of the Park, including, but not limited to, regulation of field layouts and imposing field "rest" periods during the season, based upon the condition of the park and fields as determined by the Public Works Director to ensure the long term health of the Park. 6. Rainy Day Policy. No games or practices are allowed if the field, as determined by the Public Works Director, is deemed to be in an unplayable condition at game/practice time. During periods of unstable/questionable weather conditions, the Public Works Director will determine whether the fields at the Park are playable. If the fields are closed due to the above conditions, a sign will be posted at the park stating "Field Closed Today." This policy shall be publicized by AYSO and made available to all AYSO field users. 7. Penalties for Field Use Violations. Any unauthorized use of the Park, caused by AYSO's failure to exercise due diligence may result in a penalty, as determined by the Director of Public Works. Unauthorized use includes, but is not limited to, any violation of the Park Use Policy or Rainy Day Policy set forth above. Penalties shall be as follows: AYSO CSP Use Aareement 3 of 9 i l Penalty during season: No use of Pazk for one week from the date the penalty is imposed or payment of actual damages as determined by the Director of Public Works. 2" penalty during season: No use of Park for one month &om the date the penalty is imposed or payment of actual damages as determined by the Director of Public Works. 3 Penalty during season: No use of Park for the remainder of season or- payment of actual damages as determined by the Director of Public Works. 8. Termination. AYSO may cancel this Agreement by giving written notice to City not less than sixty (60) days prior to the commencement of Soccer Season. City may cancel this Agreement by giving written notice to AYSO not less than one hundred twenty (120) days prior to the date on which the Soccer Season commences. Provided, however, if City determines AYSO 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 AYSO to correct the violation, within thirty (30) days, AYSO has not made the necessary correction. City may at its sole discretion suspend all use of the Park by AYSO pending the correction of any violation. 9. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director or his or her designee. The Public �Vorks Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with AYSO conceming this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director or his o.r her designee. 10. Notices. All notices or communication concerning a part�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. The notice shall be deemed to have been givcn 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. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: AYSO CSP Use Aereement 4 of 9 i SARATOGA CITY COUNCIL MEETING DATE: Apri117, 2002 ORIGINATING DEPT: Public Works PREPARED BY: AGENDA ITEM: L�� CITY MANAGER: DEPT HEAD: �C��C.e�(!'iJ"'L-� V SUBJECT: Congress Springs Park. Approval of AYSO User Agreement RECOMMENDED ACTION(S): 1. Approve three year Congress Springs Park User Agreement with AYSO and authorize City Manager to execute the same. 2. Waive payment of Use Fee for AYSO for one year in consideration of donations made to the Saratoga Youth Sports Fund. 3. Approve prepayment of use fee for years two and three of User Agreement in the amount of $25,500. REPORT SUMMARY: On January 16� the City Council approved the Saratoga Parks and Recreation Commission's recommendation of a use fee for the use of Congress Springs Park in the amount of $15 per person (resident) and $25 per person (nonresident). Additionally, the City Council approved �a »iaintenance fee based on the additional park maintenance that will be needed to keep Congress Springs Park well maintained given the very high annual use it receives (the fee will be reviewed on an annual basis). Each user group have different needs and place different demands on the park's infrastructure, thus they have different maintenance fees. The maintenance fee for AYSO is estimated at $12,306. Currently the City has executed use agreements with Sazatoga Little League and Saratoga Pony League. Both baseball user. groups received a waiver of the use fees for a period of 3 years in consideration of donations made to the Saratoga Youth Sports Fund. Attached is a similar agreement for the use of Congress Springs Pazk with AYSO, which has been reviewed and approved by the City Attorney. The Parks and Recreation Commission is recommending that payment of the use fees be waived for one year in consideration of AYSO's donations to the Saratoga Youth Sports Fund in the amount of $36,000. AYSO has offered to prepay their use fee for years 2 and 3 of their agreement prior to June 30 of this year, so the funds can be used to purchase general park amenities (benches, barbecues, picnic tables, etc.) for i Congress Springs Park. AYSO estimates that 850 members of their organization will utilize Congress Springs Park during the up coming season, which conesponds to a$12,750 use fee. FISCAL IMPACTS: Depends on the City Council's actions. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The agreement would not be approved and AYSO would not have dedicated use of Congress Springs Park for the next three years. ALTERNATIVE ACTION(S): Defer the payment of use fees for a period other then the recommended 1 year. FOLLOW UP ACTION(S): The contract will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. User Agreement. 2 of 2 Notices to AYSO shall be sent to: AYSO/Saratoga Soccer Regional Commissioner P.O. Box 2933 Saratoga, CA 95070 Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Sazatoga, CA 95070 11. No Agency. Except as City may specify in writing, AYSO shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. AYSO shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 12. Compliance with Laws. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of all other governmental agencies, (including fed�ral, state, municipal and local governing bodies). 13. Drug-free Workplace. AYSO and AYSO's employees and volunteers shall comply with the City's policy of maintaining a drug-free workplace. Neither AYSO nor AYSO employees and volunteers shall unlawfully manufacture, distribute, dispense, possess or use controlled suY;stances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at the Park. If AYSO or any employee or volunteer of AYSO is convicted or pleads nolo contendere to a criminal drug statute violation occurring at the Park, then AYSO, within five days thereafter, shall notify the City. 14. Discrimination Prohibited. AYSO assures and agrees that AYSO will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. AYSO CSP Use Aereement 5 of 9 15. Indemnification of City. AYSO and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attomeys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the negligent acts, errors or omissions, or willful misconduct of AYSO or conduct for which the law imposes strict liability on AYSO in connection with this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. AYSO acknowledges that City would not enter into this agreement in the absence of the commitment of AYSO to indemnify and protect City as set forth below. (a) To the fullest extent permitted by law, AYSO shall defend, indemnify and hold hannless Cih�, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, to the negligent acts, errors or omissions, or willful misconduct of the AYSO (including, but not limited to, damage or injury resulting directly or indirectly from soccer balls exiting the Park onto Highway 85, during AYSO practice or games) or conduct for which the law imposes strict liability on the AYSO in the performance or failure to perform this Agreement. All obligations under this provision are to be paid by AYSO as they are incurred by the City. (b) Without affecting the rights of City under any provision of this agreement or this section, AYSO shall not be required to indemnify and hold harmiess City as set forth above for liability attributable to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. T'his exception will apply only in instances where and only to the extent that the City is shown to have been at fault. (c) The obligations of AYSO under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. AYSO expressly waives any statutory immunity under such statutes or laws as to City, its employees and officials. (d) Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors or assigns of AYSO and shall survive the termination of this agreement or this section. By execution of this Agreement, AYSO acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the AYSO from liability under this pazagraph. AYSO CSP Use Aereement 6 of 9 16. Insurance Requirements. AYSO shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance as specified below against claims for the injuries to persons or damages to property which may arise from or in connection with AYSO's use_and maintenance of the Park and the performance of the obligations hereunder by AYSO, its agents, representative or employees. (a) Minimum Limits of Insurance. AYSO 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, if AYSO has any employees. (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 AYSO. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. AYSO'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 AYSO'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. AYSO'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 AYSO CSP Use Aereement 7 of 9 arising from work performed by AYSO for the City, if AYSO has any employees. 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' ratin� of no less than A: VII. (d) Verification of Coverage. AYSO shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. 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. T'he certificates and endorsements are to be received and approved by the City before AYSO may make use of the park, fields or snack shack. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 17. Parties In Interest. This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 18. 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. 19. Cancellation of prior agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to AYSO's use of the Park (including any prior agreements between City, AYSO and other parties) and contains all of the covenants and agreements between the parties with respect to their respective rights and obligations concerning the Park. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 20. 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. AYSO CSP Use Aereement 8 of 9 r i IN WITNESS WHEREOF, the parties have executed this Agreement the day and yeaz first above written. AYSO a California Nonprofit Corporation: By: Print Name: ��Y� !7� �Iq Position: ��y1,6� ��g�� U CITY OF SAR.ATOGA, a municipal corporation By: Name: Title: APPROVED AS TO FORM: By: City Attomey APPROVED AS TO INSURANCE: By: Administrative Services Director AYSO CSP Use Aereement 9 of 9 Date: y/�� Date: Date: Date: