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HomeMy WebLinkAboutAGENDA REPORT 1998 0902 CC REG ITEM 10BITEM 0 ' • CITY COUNCIL AGENDA REPOIii�r[ Y OF MOORPARK, CALIFORNIA CITY OF MOORPARK City Council Meeting of �• a- ' 98, ACTION: A egroyeo( Sfa�j� TO: The Honorable City Council re comr►mendaf i o„ Su b1 ec-F -h arnenefne'wis 4b the i,•cense C/l J 71i1, ���e 4.9r�er»ont FROM: Mary K. Lindley, Director of Community Services DATE: August 26, 1998 (CC Meeting of September 2, 1998) SUBJECT: Consider Proposal By Tri- Valley Roller Hockey League for Arroyo Vista Community Park Summary The City is in receipt of a proposal from Tri- Valley Roller Hockey League (TVRHL) to make improvements to the City's multi - purpose court located at AVCP, and to enter into an agreement with the City to operate City youth and adult roller hockey leagues. The Parks and Recreation Commission considered TVRHL's proposal at its July 6 meeting, and approved a recommendation in support of the proposal, which is now forwarded to the City Council. Discussion The City first explored the feasibility of working with TVRHL to make improvements to the multi - purpose court and operate the City's roller hockey leagues during the summer of 1995. At that time, the Council expressed concerns about permanent improvements to the multi - purpose court and the impacts any improvements would have on the future ability to retain the multi purpose function of the court. Specifically, the Council did not want to construct court improvements that would limit the court's use exclusively to roller hockey. Plans for future uses of the court have included basketball and volleyball. At the time the City Council was asked to approve equipment needed to implement a roller hockey program, it approved the purchase of portable equipment (Border PatrolTM) in place of permanent improvements. This action also resulted in a significant cost savings, $8,000 vs. approximately $45,000. The City began offering a roller hockey program in the Winter of 1996. At that time, the program had an enrollment of 75 participants. That season generated our highest participation numbers to date. Since that time, the program's participation numbers have been as follows: C:IDOCSIRECREAT\ROLLHCK.AGD 000060 Roller Hockey Proposal July 30, 1998 Page 2 Season Participation Numbers Winter 1996 75 Spring 1996 42 Summer 1996 Canceled Fall 1996 21 Winter 1997 Canceled Spring 1997 71 Summer 1997 Canceled Fall 1997 Canceled Winter 1998 Not Offered Spring 1998 39 Summer 1998 Not Offered As stated previously, the City uses portable foam dasher boards, which are ten feet long by thirteen inches high and nine inches wide. They are stored in a large container behind AVRC gym when not in use. Approximately 60 sections are required to enclose the court, and it takes one staff person approximately one hour to set up the boards and goals, and the same amount of time to put them away. The boards are only set up for league games, not for practices or pick up games because of the staff time involved. The City recruits players for teams consisting of ten members each, broken into four age divisions: seven to nine year olds; ten to twelve year olds; thirteen to fifteen year olds; and sixteen to eighteen year olds. When you consider our highest participation number of seventy -five players spread over the various age divisions, the City typically has had no more than three teams in a division, and the age categories are often combined in order to make a season viable; e.g., ten to twelve year olds are combined with thirteen to fifteen year olds. Because of the low participation numbers, staff has been evaluating the desirability of continuing to offer the existing roller hockey program. The feedback staff has received from the Commission and Moorpark residents is that the quality of the program offered by the City needs to be enhanced. Specifically, players prefer permanent dasher boards and an enclosed court, which prevents the puck from being hit out of the court, contributing to a faster and more exciting game. Permanent court equipment would attract more experienced players, but would not displace inexperienced players. Higher participation numbers are needed so that teams are offered the opportunity to play more than one or two other teams, and so that divisions can be broken down into compatible age groups. Generating the interest of experienced players may lead to an overall increase in interest in the sport, and higher participation numbers. C ADOC S\RECREAT\ROLLHCK. AGD UOQUE1. Roller Hockey Proposal July 30, 1998 Page 3 The City of Calabasas has a multi - purpose court which accommodates roller hockey, basketball, and volleyball. The City contracts with TVRHL to operate youth and adult leagues and clinics at the City's facility. The contract arrangements include, but are not limited to, payment to the City based on a percentage of revenues generated from league fees and, in turn, the City reserves time on the court exclusively for TVRHL's use. Additionally, TVRBL administers and runs the leagues; handles all registrations; is responsible for maintenance and repair work associated with roller hockey amenities; holds meetings with the parents of the participants; and recruits, trains and schedules referees. According to the Calabasas' Director of Community Services, their leagues currently average over 400 participants. The surrounding parks and recreation districts (Rancho Simi, Conejo, and Pleasant Valley) were contacted about their roller hockey programs. Each indicated that they do not offer roller hockey programs. There is a private, indoor roller hockey facility in Thousand Oaks (the "Roller Dome ") which offers roller hockey league play, and a private organization offers league play in Simi Valley using a school facility. In reviewing a survey conducted by the City of Gardena in 1994, I found that out of the 121 completed surveys received, only 15% percent (16) sponsored City operated roller hockey programs. Another 40% indicated that private non -profit groups (YMCAs, Boys and Girls Clubs were cited) operated roller hockey leagues in their jurisdictions using municipal facilities. In the recent proposal submitted by TVRBL, it identifies some improvements it believes need to be made before it can operate roller hockey leagues in Moorpark. Those improvements include enclosing the court with a chain link fence; lights are not included in the proposed improvements. The fence would include a gate for the participants to enter and one large double gate to allow vehicle access. Additionally, TVRBL proposes installing an additional 30 foot by 6 foot concrete slab adjacent to the south side of the multi purpose court to stage the players, coaches, and officials (see Attachment A). The proposal also includes the installation of permanent dasher boards along the inside perimeter of the fence, painting court game lines, the purchase of portable goals, and a scoreboard. Initially, the total cost of the improvements was estimated to be $55,000. After further discussion with staff, TVRBL indicated that the improvement could be constructed at a cost of approximately $29,700, this includes interest on the loan TVRBL would need to secure in order to make the improvements. All permanent improvements to the City's facilities would become the property of the City. In return for making court improvements and operating roller hockey leagues, TVRBL has indicated that it would require use of the courts a minimum of five days a weeks and for a specified number of hours (generally 4 p.m. to dusk), to be negotiated. Initially, less time may be required until sufficient enrollment is generated. Additionally, TVRBL, requires C:\D0CS\RECREA11R0LLHCK.AGD 0000s�: Roller Hockey Proposal July 30, 1998 Page 4 the rights to revenue generated from league registrations for a period of time sufficient to allow them to be reimbursed for the cost of the improvements. Once sufficient revenues are collected, TVRHL would agree to pay a "license" fee for the use of the court that would amount to a revenue sharing percentage of 15 percent of all registration fees collected, less pass through fees for insurance. By keeping the cost of the initial improvements to a minimum, TVRHL should be able to recoup its initial capital outlay in a shorter time period, and the City could then expect to see a share of the revenues sooner. When TVRHL first presented this proposal to staff, they were asked if they would be willing to operate a roller hockey program using the City's existing Boarder Patrol equipment. TVRHL declined, stating that the portable equipment would not allow it to operate with the level of quality it is known for. In discussions with staff and the Parks and Recreation Commission, TVRHL has assured the City that it fully understands that if improvements are made to the multi - purpose court, they must not conflict with other uses of the multi purpose court. Specifically, TVRHL understands that the City uses the court, and will continue to use to court, as a base for the portable skate ramps. The proposed chain link fence may benefit the City's skate ramp program by allowing the City to better control and monitor the use of the ramps by skaters. Additionally, the City has indicated the possibility of installing basketball standards on the court in the future. As stated previously, the City of Calabasas has successfully integrated multi -uses at its court. Considering the potential budget cuts that face the City in the next fiscal year, it does not appear to be desirable to continue offering roller hockey leagues under the current program without making improvements. Even with registration fees, the City does not recoup full -time staff costs and other indirect administrative costs. Staff believes there may be some significant benefits to contracting with TVRHL to operate roller hockey, such as greater participation numbers and less staff time. If successful, the result would be additional general fund revenue. If the revenue generated proves to be minimal ($10,000 or less), it would at least result in less staff time, and little, if any, direct and indirect costs to the City, while continuing to offer a desirable program for youth and adults. However, if the program continues to generate low participation numbers, the City will not have lost funds, and the risk will be borne by TVRHL. A proposed license agreement (Attachment B) has been prepared for Council review and approval. The agreement has a term of three years, with a one year extension option at the City's discretion. Under the agreement, TVRHL is responsible for making improvements to the court at its cost and in a manner consistent with City standards and specifications. In return for making the improvements, the City would agree to waive the license fee until such time that TVRHL C:\DOCS\RECREAT\ROLLHCK.AGD 00GO6 3 Roller Hockey Proposal July 30, 1998 Page 5 generates enough net revenue to reimburse its costs for said improvements ($29,700) or through the eighth roller hockey season (the three year term consists of nine seasons), which ever happens first. After reimbursing the costs of the improvements or the eighth season, TVRHI. would pay a license fee of 15 percent of all fees collected, less a pass through fee for player insurance. Additionally, TVRHL would be responsible for promoting and operating youth and adult roller hockey leagues and clinics, going maintenance of the multi purpose courts, and supplying revenue and participation reports to the City. Recommendation The Parks and Recreation Commission and staff recommend that the City Council: 1. Approve contracting with Tri Valley Roller Hockey League to make improvements to the multi purpose court at AVCP and to operate roller hockey leagues as outlined in the agenda report, and 2. Approve the License Agreement between the City and Tri Valley Roller Hockey League, pending final language changes by the City Manager and City Attorney, and authorize the City Manager to sign the Agreement on behalf of the City. C:IDOCSIRECREAMOLLHCK.AGD 000064' A rxhwuen� A TriNallev Roller Hockey League Walter B. Collins TVRHL Administrator 12415 Willow Forest Drive Moorpark, CA 93021 Residence (805) 529 -9883 24 hr. (805) 731 -2222 April 30, 1998 Mary K. Lindley Director of Community Services City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Mary; Enclosed you will find a general proposal, approximate costs and goals for our plans to up -grade the existing 100' X 200' cement slab and run a year round roller hockey program with the City of Moorpark. We are currently running a very successful roller hockey program with the City of Calabasas. And, enclosed you will find a letter of recommendation from Community Services Director Greg Johnson of the City of Calabasas. Greg will be available to answer any questions you may have concerning our joint program with the city. The cost of up- grading the cement slab at Arroyo Vista Community Park will be expensive. But the revenue generated from the roller hockey league will eventually make money for the City of Moorpark, as it is for the City of Calabasas. 00(1065► Tri-Vallev Roller Hocke I Kt?I'Ij Also enclosed are pictures of the facility at Juan Bautista de Anza Community Park in Calabasas. Our plans for the Arroyo Vista Community Park are almost identical. Can we meet with you soon to discuss the long term benefits our program will have to the City of Moorpark, and our plans for funding the costs of up- grading the facility at Arroyo Vista Community Park. Please contact the numbers above at your earliest convenience. Thank you, Walter B. Collins TVRHL Administrator 000066 TVRHL Goals Work with the City of Moorpark to build and grow a successful roller hockey program for players of all ages and ability levels, emphasizing a strong youth program. Special emphasis on the growing child and youth divisions, high school program, women and co -ed and men's programs. Run a year around roller hockey program, with strong emphasis on safety, additional instruction, camps, clinics, coach/player interaction and proper league play. . Begin the first season of play in October of 1998. Set aside a budget for lighting of the facility for evening play. 00006 Construction Goals Enclose existing 100' X 200' concrete slab with a 10' high 6 -gauge reinforced black vinyl coated chain link fence with six people entrances, and one large entrance for vehicle traffic. Connect a 30' X 6' concrete slab on the south side of existing court for coaches /players /officials seating/rest area. . Install a approximately 2' high sealed and painted baseboard along the inside perameter of the fence, 4' high and rounded in the corners, with polyurethane base plate for rebound and additional protection. . Paint appropriate lines on court surface for league play. 00GOIu8 kA arty � mo�eP�r�� 0 �Q�� ��i�a�o Uri ���K � -��� C, -ro wc-s-t I v. t_nY1rb %K-- a A, Q �3ox C, Poi O 0 O O LICENSE AGREEMENT This Agreement is made this day of , 1998, by and between the City of Moorpark, a municipal corporation, as Licensor (City) and Tri Valley Roller Hockey League, a California non - profit corporation (State File #1748350), as Licensee (Tri Valley). WHEREAS, the City is the owner of certain real property commonly known as Arroyo Vista Community Park, including approximately 69 acres of developed and undeveloped park land, located at 4550 Tierra Rejada Road in the City of Moorpark, County of Ventura, more particularly described in the Grant Deed recorded as Document in the office of the Recorder of Ventura County; and WHEREAS, Tri Valley desires to obtain permission to perform certain acts and make certain improvements upon a portion of the Arroyo Vista Community Park, referred to as the Multi Purpose Court (Court), NOW, THEREFORE, it is agreed as follows: Use: City hereby grants to Tri Valley a license to use the Court for organized roller hockey league games, practices, and clinics during scheduled days and hours, as contained in Exhibit A of this Agreement, for a term of three (3) years and four (4) months, with the purpose of allowing for nine consecutive seasons, commencing on the date that the Moorpark City Council approves the filing of the notice of completion for the construction of the roller hockey Court, and terminates thereafter, and is subject to termination provisions herein. This license is limited to the days and operating hours that Arroyo Vista Community Park is open to the public, and that which is specified in Exhibit A (Use Schedule) of this Agreement. The City shall have the sole option of extending the license an additional year. A season is the time period beginning with player tryouts and the formation of teams through the last officially scored game, and as further defined in Exhibit A. A typical season lasts approximately three (3) to five (5) months, and there are three seasons per year. 2. Compensation: As compensation for granting said license, Tri Valley agrees to pay City a license fee. Said license fee shall be fifteen percent (15 %) of the gross revenue it receives from league, clinic fees, and any other activity permitted under this agreement, less pass through fees collected for player insurance. License fee shall be due to the City on the tenth working day of each month. The City shall waive the license fee until Tri Valley generates revenues in an amount equal to the actual cost of the court improvements, not to exceed $30,000, less its general operating expenses as identified on Exhibit D, or through the eighth roller hockey season, which ever occurs first. Upon the ninth roller hockey season, the aforementioned license fee shall take effect. A:ITRIVAL.AGR (UtA):1 3. Priority Registration: For all roller hockey leagues organized and operated by Tri Valley at Arroyo Vista Community Park, City of Moorpark residents shall have first priority registration, and shall have a two week priority registration period prior to allowing non City residents to register. 4. Reports and Records: Tri Valley shall maintain all records relating to the activities authorized under this agreement including, but not limited to, registration, revenues and expenditures, and other information deemed relevent by the City, pertaining to roller hockey leagues conducted at Arroyo Vista Community Park, as futher described in Exibit B (Operations, Maintenance, and Reporting Requirements) to this Agreement. The City shall have the right, upon five (5) days advance notice, to inspect all records, including, but not limited to, books, participants lists, expenses and revenue records, and other like records of Tri Valley. Such records shall be made available to the City, upon request, at Tri Valley's regular place of business, but in no event outside of the County of Ventura. Tri Valley shall maintain a method of accounting to the satisfaction of the City which correctly reflects the revenues and disbursements of Tri Valley in connection with this agreement. The accounting and record keeping shall be separate from the accounts maintained for any other business operated by Tri Valley. Tri Valley shall provide the City a copy of an independent audit of the records maintained under this agreement, within 120 days after the close of the calendar year. 5. Maintenance and Repairs: All repairs to, and maintenance of, the Court, including concrete surface, side boards, players' area, penalty boxes, goals, and fencing, shall be done by Tri Valley and shall be performed in accordance to the City's standards, as specified in Exhibit B (Operations, Maintenance and Reporting Requirements). The costs of said repairs and maintenance shall be paid by Tri Valley for all repairs and maintenance during the periods of use by Tri Valley, as outlined in Exhibit A (Use Schedule). Upon written notice from the City that the Court is in need of maintenance, Tri Valley agrees to conduct within a reasonable time such good maintenance as is needed to make said Court safe to the reasonable satisfaction of the City. If after thirty (30) days following delivery of notice, maintenance has not been performed by Tri Valley, Tri Valley authorizes City in its sole discretion to conduct maintenance on said Court to abate any condition which poses a threat to the health, safety and welfare of the public. Tri Valley agrees to reimburse City for any and all costs associated with its rights to conduct maintenance under this provision within fifteen (15) days of receiving an invoice from the City. Nothing in this section shall be constructed to place the primary and exclusive responsibility for maintenance of the Court on any entity other than Tri Valley during the period identified in Section 1 of this Agreement. 6. Indemnification: Tri Valley shall indemnify, defend and hold harmless the City and its officers, employees, servants, and agents from and against any and all claims, liability, loss, A:ITRIVAL.AGR 2 0000 r� damage, costs, and expense, including court costs and attorney's fees, whether or not litigation has commenced, because of injury or death to any person, whomsoever, or damage to any property whatsoever, arising out of, or in any way connected with, the installation, use or maintenance of the improvements by Tri Valley or any of Tri Valley's employees, servants or agents. Whenever the term "agents" is used in this section or in any other section of this Agreement with reference to Tri Valley, it shall include, but not be limited to Tri Valley's contractors and any subcontractors of the contractors. The City does not, and shall not, waive any rights against Tri Valley which it may have by reason of any section of this Agreement, because of the acceptance by the City, or the deposit with the City by Tri Valley, of any insurance policies specified in this Agreement. The provisions of all sections of this Agreement shall apply regardless of whether or not the insurance policies specified in this Agreement shall have been determined to be applicable to the claim, liability, loss, damage, cost or expense. 7. Improvements: At its sole cost, Tri Valley shall construct or cause construction of improvements to the Court as specified in Exhibit C (Improvements) at is own cost and expense. All improvements shall be performed in a good workmanship and safe manner, and in accordance with City specifications and standards. On or before November 13, 1998, Tri Valley shall complete all improvements and shall deliver notice thereof to the City. Prior to initiating said improvements, Tri Valley shall present the City with a set of plans and specification, including a list of the contractors who will be performing the work, for its review and approval. All work shall be inspected by the City and shall be accepted upon notice that all liens and claims have been satisfied by Tri Valley. Upon completion and acceptance of authorized improvements, the City shall assume full ownership of said improvements, unless otherwise specified in this agreement. 8. Signs and Advertising: Tri Valley agrees not to allow the construction or placement of any sign, signboard, or other form of outdoor advertising on or around the Court, including on baseboards, fence, and scoreboard. In the event of a violation of this provision by Tri Valley or anyone claiming under Tri Valley, Tri Valley hereby authorizes City as Tri Valley's Agent, to enter the Court and to remove and dispose of any such sign, signboard or other advertising, and to charge the cost and expense of any such removal and disposal to Tri Valley who agrees to pay the same to City upon demand. This provision does not exclude the sue of identification banners for individual teams and sponsor, which may be displayed during games and shall be removed following the end of A: \TRIVAL.AGR 000073 each game. 9. Independent Contractor: Tri Valley shall at all times remain as to the City a wholly independent contractor. Neither the City nor its officers, employees, servants or agents shall have control over the conduct of Tri Valley or any of Tri Valley's employees or agents, except as herein set forth. Tri Valley shall not at any time or in any manner represent that it or any of its officers, employees, servants or agents are in any manner employees of the City. The City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by Tri Valley performing services hereunder for City. 10. Liability Insurance: Prior to commencing with court improvements, Tri Valley shall furnish to the City Clerk certificates and endorsements of the policies of insurance required by this section, which insurance policies shall be secured from a good and responsible company or companies duly authorized to do insurance business in the State of California. Tri Valley shall pay for said policies and maintain each in full force and effect for the duration of the term of the Agreement. Notwithstanding any inconsistent statement in any of said policies or any subsequent endorsement attached thereto, the protection offered by the policies shall: a) Name City and its officers, employees, servants and agents as additional insured with Tri Valley; b) Insure City and Tri Valley and their respective officers, employees, servants and agents while acting in the scope of their duties under this Agreement against all claims, demands, liabilities, losses, costs or expenses arising from, or in any way connected with, the performance of this Agreement by Tri Valley or City; C) Bear an endorsement or have attached a rider, executed by a duly authorized officer of the insurance company, whereby it is provided that such policy provides primary coverage and that any other policy that may afford coverage to the City, shall be excess over, and not concurrent with, such policy; and d) Bear an endorsement or have attached a rider, executed by a duly authorized officer of the insurance company, whereby it is provided that, in the event of proposed amendment or cancellation of such policy for any reason whatsoever, the City shall be notified by certified or registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before the amendment or cancellation is effective. Consistent with the provisions of this Section, Tri Valley shall provide public liability and property damage insurance as follows: A:ITRIVAL.AGR 4 000074 Bodily Injury $1,000,000 each person $1,000,000 each occurrence $1,000,000 aggregate products and completed operations Property Damage $1,000,000 each occurrence $1,000,000 aggregate A combined single limit policy with aggregate limits in the amount $2,000,000 shall be considered equivalent to the required minimum limits. The insurance policy(s) shall be written on an occurrence basis. 11. Workers Compensation: Tri Valley and its subcontractor(s), shall provide complete workers compensation insurance or a certificate of consent to self - insurance by the director of Industrial Relations in accordance with the requirements of Section 3800 of the California Labor Code. Tri Valley shall indemnify, defend and hold harmless the City and its officers, employees, servants and agents from any claim resulting from failure of either Tri Valley or Tri Valley's employees, servants, or agents, to take out or maintain such insurance. 12. Default Notice: Either party may give notice to the other party of any default under this Agreement. In the event that the party in default fails to cure the default within ten (10) days after delivery of the notice, as stated in Paragraph 8 of this Agreement, this Agreement shall automatically terminate. 13. Arbitrator: Cases involving a dispute between the City and Tri Valley may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgement of the arbitrator. 14. Assignment: The license granted herein is personal to Tri Valley and shall not be assigned. Any attempt to assign the license or allow use of the Court for other than designated leagues, during the time periods outlined in Exhibit A, shall automatically terminate the license. No legal title or leasehold interest in the Court is created or vested in Tri Valley by the grant of the license. 15. Notice: Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other documents to be delivered, shall be delivered in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: A:ITRIVAL.AGR TO: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Att: Director of Community Services 5 000075 TO: Tri Valley Roller Hockey Association 2509 Thousand Oaks Blvd, Suite 222 Thousand Oaks, CA 91362 Att: Walt Collins, President Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. Notices and other documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail. Additionally, Tri Valley agrees to provide the City with twenty -four (24) hour contact phone numbers of an employee(s) who is authorized to respond to emergencies. 16. Modification: This agreement may be terminated, extended or amended in writing by the mutual written consent of the parties hereto. Such amendments may be executed by the City Manager on behalf of the City. 17. Paragraph Headings: Paragraph headings, in the agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this agreement. 18. Venue: The laws of the State of California shall govern this agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Ventura. In the event of litigation in U.S. District Court, exclusive venue shall lie in the Central District of California. 19. Complete Agreement: This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. 20. Interpretation: Should interpretation of this agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 21. Waiver: No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. A: \TRIVAL.AGR R 000076 22. Attorney's Fees: In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of, any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgments or decrees rendered in such a proceeding shall include an award thereof. 23. Termination: Unless otherwise specified, this agreement may be terminated by Tri Valley only by providing the City with written notice no less than ninety (90) days in advance of such termination. This Agreement may be terminated with or without cause by the City at any time with no less than ninety (90) days written notice of such termination. 24. Partial Invalidity: If any term, covenant, condition or provision of this agreement is found by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. LICENSOR LICENSEE City Manager President City of Moorpark Tri Valley Roller Hockey League Attest: Tri Valley Board authorizing Presidents Signature: Deborah Traffenstedt City Clerk A: \TRIVAL.AGR 7 Secretary, Tri Valley 000077 EXHIBIT A USE SCHEDULED 1. Tri Valley shall have the right to secure, for the exclusive purpose of operating roller hockey games, practices, and clinics, the multi - purpose court at AVCP five days per week, between the hours of 4 p.m. and dusks on week days, and between the hours of 2 p.m. and dusk on weekends within the calendar dates identified below: Fall Season - September 1 through January 31 Spring Season - February 1 through May 31 Summer Season- June 1 through August 31 The City sponsored and co- sponsored programs and events have priority over the use of the court. The specific five days assigned to Tri Valley shall be approved by the City, in writing, prior to the start of each season. To initiate its right to secure the Court within the dates identified above, three weeks prior to the first day of each season, Tri Valley shall to provide to the City in writing its proposed Roller Hockey League season schedule identifying specific times and days of the week the use of the Court will be required, including pre- season try outs, practices, games, and clinics. The City will approve days and times to be designed for Tri Valley's use, at is sole discretion, not to exceed five days per week. Additionally, upon the receipt of a written request from Tri Valley, the City may consider amendments to the approved schedule, and will approve the requested schedule amendment as long as no other commitment has been previously been entered into or approved by the City. Tri Valley's use of the court is restricted to youth and adult roller hockey league games, practices by teams participating in Tri Valley's Moorpark Leagues, and instructional clinics held with in the days and times approved above by the City. Tri Valley shall not rent the court to any group. 2. The City shall retain the right to schedule and hold City sponsored and co- sponsored activities on the Court within the dates noted above, provided Tri Valley is notified in writing no less than three weeks before the start of its then current season. 3. If on any given date during the time that Tri Valley has exclusive use of the Court, it has no approved activity scheduled, the City shall have the sole right to grant use of the Court to another group for any use. 4. No practices, games, clinics, or any other activity authorized under this license shall take place on Court on City observed holidays without written approval by the City. A:\MVAL.AGR 8 0000'78 EXHIBIT B OPERATIONS, MAINTENANCE AND REPORTING REQUIREMENTS 1. Tri Valley agrees to take full responsibility for operating roller hockey leagues and clinics. This responsibility includes, but is not limited to: a. Promoting and advertising leagues and clinics b. Processing registrations C. Collecting and reporting fees d. Recruiting and training coaches Recruiting and training referees f. Preparing and processing any potential refunds g. Holding player evaluations h. Conducting parent and player meetings I. Providing all customer service including inquiries and complaint resolution j. Purchasing jerseys, trophies, pictures, and any other roller hockey supplies 2. Tri Valley agrees to be responsible for all maintenance and repairs to the roller hockey at its cost, including but not limited to: the fence, court game lines, dasher boards, and any other improvements that may be approved by the City. All repair and maintenance work shall be performed in a good workmanlike manner and shall meet City standards. 3. Tri Valley agrees to perform the following maintenance and repair duties at the Court: a. Sweep the Court surface, including the player box area on a daily basis. b. Empty trash cans at the Court and dispose of contents in the dumpster located in the parking lot at AVCP on a daily basis. C. Inspect the dasher boards, including all nuts, bolts, hinges, and other fasteners twice a week. Tighten and replace components when warranted. A: \TRIVAL.AGR 9 00007,9 d. Repaint dasher boards at least twice a year, or more often, if determined warranted by the City. C. Repair and replace all chain link fencing, as needed. f. Repaint court game lines at least once a year, or more frequently if needed. g. Perform other repairs as mutually determined by Tri Valley and City. 4. Tri Valley agrees to provide a written report to the City regarding information about each season. This report will be due to the City by the end of the second week following the end of the then just completed season. The report shall include, but not be limited to, the following information: a. Number of players by age division b. Total dollar amount of league fees collected, less insurance fees C. Number of clinics held during the season d. Number of clinic participants e. Total dollar amount of clinic fees collected £ Tri Valley's expenses for operations under this agreement A:ITRIVAL.AGR 10 000080 EXHIBIT C IMPROVEMENTS At its sole cost, Tri Valley agrees to construct or cause construction of certain improvements to the multi purpose court. Tri Valley shall provide all labor and materials necessary to construct the improvements. Prior to commencing with the construction of said improvement, Tri Valley shall provide the City with plans and specifications detailing the work to be performed, a time line for performance, and the names of contractors and/or subcontractors, for the City's approval. All work shall meet City standards and shall be inspected by the City. Said improvements are limited to the following: Installation of a ten foot high chain link perimeter fence around the multi purpose court. Work will involve coring the existing concrete slab and securing galvanized posts very ten feet. The fence shall contain a six foot pedestrian gate, as well as two, six foot swing gates on the west side of the court, to allow for City vehicle access. 2. Construction of a 60' by 6' concrete slab adjacent to the court to be used as the players and coaches staging area. The slab shall be 6" thick, reinforced with rebar in the same manner as the existing slab. The cement mix used shall be consistent with the existing concrete slab and shall be finished to match. 3. Installation of baseboards along the interior perimeter of the fence. The boards shall be two feet high and four feet in each corner. A yellow polyurethane base plate shall be installed along the perimeter of the baseboards. The baseboards shall be sealed with two coats of a high performance quality paint. 4. Stripe the court with roller hockey game lines. 5. Purchase and install a scoreboard. No additional improvements or changes to the specifications of the aforementioned improvements will be made without the City's prior written consent. The City is relying on Tri Valley's expertise in the execution of the improvements. Any traffic on the turf for deliveries, etc., will be under the direct supervision of a City representative and with City permission. Tri Valley will be responsible for any damage to existing facilities, including, but not limited to concrete slab, turf, and irrigation. Work hours are 7 a.m. through 7 p.m., Monday through Friday. However, all work performed after 5:00 p.m. shall be restricted to activities which do not generate any noise, dust or other nuisance which could impact the surrounding properties, as determined by the City. After hours work and weekend work is not permitted without written permission of the City. All work shall be performed in a safe manner. Work site shall be cleared of tools, equipment, and materials when work is not in progress, and any potential hazards will be removed to ensure the safe use of the park by residents. A: \TRIVAL.AGR 000081 9 ri- Valley Roller Hockey League 509 East Thousand Oaks Blvd. Suite 222 housand Oaks, CA 91360 (805) 373 -6881 7 Annual Revenues and Expenses from August 1, 1998 - July 31, 1999 Item Jerseys Total Fall '99 Total Sprig '99 Total Sum. '99 1 year Total Percentaae Pictures, $20 each $4.25 1player $3,600.00 $765.00 $5,100.00 $1,084.00 $4,000.00 $850.00 $12,700.00 $2,699.00 16.16% 6°0/ Trophies $4.50 /player $810.00 $1,148.00 $900.00 $2,858.00 3.43% 3.64% Referees Advertising $35 /game $3,360.00 $4,200.00 $3,780.00 $11,340.00 14.43% Rink Supplies $1,100.00 $500.00 $1,100.00 $500.00 $1,100.00 $500.00 $3,300.00 $1,500.00 4.20% Maintenance $350.00 $350.00 $350.00 $1,050.00 1.91% 1.34% Office Supplies $100.00 $100.00 $100.00 $300.00 0.38% Utilities Postal $300.00 $300.00 $300.00 $900.00 1.15% Accounting Fees $75.00 $600.00 $75.00 $600.00 $75.00 $600.00 $225.00 $1,800.00 0.29% 2.29% Automobile $250.00 $250.00 $250.00 $750.00 0.95% Secretarial Fees $2,400.00 $2,400.00 $2,400.00 $7,200.00 9.16% Salaries $9,600.00 $9,600.00 $9,600.00 $28,800.00 36.64% Instructors Fees $1,000.00 $1,000.00 $1,000.00 $3,000.00 3.82% Interest on Loan $2,136.00 $59.33 $59.33 $59.33 $177.99 0.23% Total Expenses $24,869.33 $27,866.33 $25,864.33 $78,599.99 100.00% Gross Revenues $26,300.00 $36,425.00 $29,000.00 $91,725.00 Net Profit $1,430.67 $8,558.67 $3,135.67 $13,125.01 0000$2