HomeMy WebLinkAboutAGENDA REPORT 1999 0317 CC REG ITEM 11BJ � )
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CITE' OF MOORPARK, CALIFORNIA
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CITY COUNCIL AGENDA RE PORT
CITY OF MOORPARK BY: Ml =�.= —lc-- -- - —
TO: The Honorable City Council �(1i
FROM: Mary K. Lindley, Director of Community Services'(l�,
DATE: March 9, 1999 (CC Meeting of March 17, 1999)
SUBJECT: Consider Moorpark Girls Softball Association Use
Agreement Amendment
DISCUSSION
On April 2, 1997, the City Council approved a use agreement with
Moorpark Girls Softball Association for the use of certain
improvements at Mountain Meadows Park. This agreement was part
of an effort to initiate agreements with each of the major
Moorpark youth sports organizations that use City parks.
On October 21, 1998, the City Council also approved the
relocation of Moorpark Girls Softball from Mountain Meadows Park
to Arroyo Vista Community Park (AVCP), as well as the
construction of a third softball field. The Amendment
(Attachment A) that the Council is being asked to approve
addresses the Girls Softball's use of AVCP and the construction
of the softball field.
In summary, the Amendment grants Girls Softball the use of the
three softball fields at AVCP during their Spring Season
(January through June) and Winter Season (September through
November) , excluding times when the fields) are in use by the
City's own recreation programs. Additionally, the major
provisions addressed in the Amendment are as follows:
• There are two Premises identified in the Agreement:
Premises A, AVCP and Premises B, Mountain Meadows Park.
Girls Softball will use AVCP for all of its regular games
and a majority of its practices. Mountain Meadows Park
will be used for practices and for the playoffs at the
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Moorpark Girls Softball Amendment
03/09/99
Page Z
end of the Spring Season only. No regular games will be
played at Mountain Meadows Park, which should greatly
alleviate the congestion on the neighboring residential
streets.
• Girls Softball shall have use of the AVCP snack bar for
the Spring Season; the snack bar is in use by AYSO during
the Girls Softball's Winter Season. They shall maintain
the snack bar; be responsible for any equipment,
appliances or food items; and remove their property a
week after the end of the Spring Season. In return for
the use of the snack bar, Girls Softball shall pay to the
City a fee of $1,000 annually.
• Girls Softball shall be allowed to place two storage bins
at the park. They shall maintain the bins, and be
required to relocate them at their own expense upon
request by the City. The initial location for the bins
is in the second unimproved parking lot, next to AYSO's
bins.
• Girls Softball will be allowed to use a pitching machine
using power from the snack bar /restroom facility. This
is consistent with a similar provision in Little League's
Use Agreement.
• Girls Softball shall be allowed to drive a vehicle onto
turf areas for field maintenance only, and never when the
turf is wet.
• Lastly, the Amendment outlines the improvements to AVCP
that Girls Softball shall be allowed to perform. To
date, a majority of the improvements have been completed.
Those improvements include construction of a third
softball field, installation of a backstop, sideline
fences, dugouts, bleachers, and an infield sprinkler
system.
The new provisions addressing Girls Softball's use of AVCP are
consistent with provisions contained in the City's Use
Agreements with AYSO and Packer Football, which are the other
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Moorpark Girls Softball Amendment
03/09/99
Page 3
youth sports organizations using the park. The City Council is
being asked to approve the Amendment as presented.
RECONMNDATION
Staff recommends that the City
the City's Use Agreement
Association and authorize the
the City.
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Council approve
with Moorpark
City Manager to
the Amendment to
Girls Softball
sign on behalf of
001315J4
AMENDMENT NO. 1
AGREEMENT BETWEEN THE CITY OF MOORPARK
AND MOORPARK GIRLS SOFTBALL ASSOCIATION
THIS AMENDMENT TO AGREEMENT, made and entered into this 17 day of March, 1999, by
and between the City of Moorpark, a municipal corporation located in the County of Ventura, State of
California (hereinafter "City" ) and Moorpark Girls Softball Association, a California Non -Profit
Corporation (hereinafter "Association ").
WITNESSETH
Whereas, on December 5� 1997, City and Association entered into an agreement pertaining to
the use and maintenance of certain park facilities at Mountain Meadows Park; and
Whereas, on October 21, 1998 the City Council approved a request from Association to relocate
their games from Mountain Meadows Park to Arroyo Vista Community Park beginning in March 1999; and
Whereas, City and Association have discussed and agreed to provisions governing the use of
certain facilities at Arroyo Vista Community Park, as described herein, and now wish to document said
agreement by jointly approving this Amendment No. 1 to the December 5, 1997 Agreement.
NOW, THEREFORE, in consideration of the mutual convents, benefits, and Premises herein
stated, the parties hereto agree and amend the aforesaid Agreement as follows:
Premises
Section 1 of Agreement is hereby amended in its entirety as follows:
" City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to Association, and Association hereby accepts from
City, the use of certain real property as identified:
Premises A : Certain real property and associated facilities and equipment, including but not
limited to, the three (3) improved softball fields, open turf areas for a temporary T -Ball field, and
the snack bar at Arroyo Vista Community Park (herein AVCP) as further described in Exhibit "A"
attached hereto and by this reference incorporated herein, together with any and all improvements
thereon (all of which are hereinafter referred to as "Premises A ").
Premises B: Certain real property and associated facilities and equipment, including but not
limited to, the two (2) improved softball fields, open turf areas for a temporary T -Ball field, at
Mountain Meadows Park as further described in Exhibit `B" attached hereto and by this reference
incorporated herein, together with any and all improvements thereon (all of which are hereinafter
referred to as "Premises B ").
Use Fees
Section 3 of Agreement is hereby amended to include payment by Association to City of $1,000
annually for use of the snack bar at Premises "A" (AVCP) for the Spring Season. City agrees
that fees include Association's use of water, electricity and pest control specifically associated
with the operation of the snack bar as authorized by this Amendment. The fee for use of the snack
bar shall be paid by the date the first game is played of Association's Spring Softball season.
Use
Section 5 of Agreement is hereby amended as follows:
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A. Association is granted use of Premises A beginning the third week of January and ending
June 31 (hereinafter referred to as Spring Season) of each year. Association is also
granted limited use of Premises A for its Winter Season which begins September 1 and
ends November 31. This limited use includes Sundays only and does not include the use
of the snack bar. A schedule of said games and practices shall be furnished to the
Director of Community Services for the City's written approval prior to February 1 of
each year. Any requests for additional use not authorized in this agreement shall be made
in writing to City.
B. Association shall only use Premises B for practices. No regular or post season games, or
tournaments shall be played at that location with the exception of the playoff series which
takes place in June within the regular Spring Season.
C. At all times, City retains the right to use Premises A and Premises B at its discretion for
City sponsored and co- sponsored events upon no less than thirty (30) days written notice
to Association. The general pubic shall have access to and use of Premises A and
Premises B during periods that have not been included in the scheduled submitted by
Association and approved in writing by City.
D. Association is granted use of the snack bar at Premises A (AVCP) during its Spring
Season. Association agrees to remove its property from the snack bar one week after its
last game of each season for which it has been granted use, and shall not begin storage of
its property until authorized by the City. Said authorization will be considered by City
upon receipt of Association's season schedule as required under Section 5..A of the
Agreement. Association may use the snack bar storage room to store food and drink
supplies during authorized period as identified in Section 3.A of this Amendment.
Association shall be provided with a key to the snack bar prior to the start of the Spring
Season and shall be responsible for securing said snack bar. Said key(s) shall not be
duplicated. Association shall vacate the snack bar and snack bar storage room one week
following the last game of the season and shall return key(s) to the City. Additionally,
Association shall be required to vacate the storage room adjacent to the snack bar upon
thirty (30) days written notice from the City if it is needed for City purposes.
E. The sale and consumption of food and beverages shall be at the discretion of Association
with the exception that no alcoholic beverages shall be sold or consumed on Premises A
or Premises B. Association shall obtain all required health and other necessary permits
for preparation and sale of food and beverages.
F. Association agrees to request approval from City in writing prior to installing or using
any machine or appliance, electrical or otherwise, on Premises A or Premises B,
including the snack bar at Premises A. Association also agrees that its is fully
responsible for damage or repairs to, or loss of, or injury resulting from, any appliance or
food and beverage items stored in the snack bar or snack bar storage room. Association
will not seek or request compensation for any damage to or loss of said items.
G. City agrees to provide a location, mutually agreeable to City and Association, for two
storage bins at Premises A. Association agrees to be responsible for transporting its bins
at its sole cost. Storage bins shall be used for storage of Association's softball equipment
and supplies only. Association shall be required, at its sole cost, to remove or relocate
storage bins at Premises A or Premises B upon thirty (30) days notice from City that the
area is needed for City purposes.
H. City agrees to allow Association to use a pitching machine at Premises A, operated using
power from the restroom/snack bar facility. The electrical cord must be secured in a
manner approved by City and which does not pose a safety hazard. Said pitching
machine shall be stored in Association's storage container at the end of each use.
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Q 10 Cb 1 .-:0
City agrees to allow Association to use a three - wheeled all- terrain vehicle on Premises A
for the sole purpose of field maintenance and preparations. Association agrees not to use
the said vehicle on the Premises when the grass is wet, for whatever reason, without
obtaining City's written approval. Association also agrees that vehicles approved for use
shall not exceed a gross vehicle weight (GVW) of 5,400 pounds and shall be stored in
Association's storage container, or off site, when not in use.
4. Improvements
Section 10 of Agreement is hereby amended to include the following improvement at Premises A:
A. Softball Field Construction: Association shall construct a third softball field on Premises.
The location, size, specifications, materials, and construction plans for the softball field
shall be approved in writing by City prior to the commencement of any work. Work to
be performed shall include minor grading and turf removal, installation of a backstop,
installation of sprinklers, and delivery and preparation of decomposed granite in -field
dirt. Construction of the softball field shall be performed by Association under the
supervision of City and shall be consistent with City specifications. The City shall order
the backstop and Association shall install it in accordance with the manufacturer's
instructions. City agrees to fund fifty (50) percent of out -of- pocket expenses for the
improvements identified herein only, not to exceed $12,000, which includes funding the
difference between a 50 foot and a 62 foot perpendicular backstop.
City agrees to allow Association to deliver and install two sets of bleachers and two sets
of players benches. The type and specification of said bleachers and benches shall be
approved by City prior to installation, and shall be installed and secured in accordance to
City specifications. No other improvements shall be made without written approval by
the City.
5. Maintenance
Section 15 of Agreement is hereby amended to include the following maintenance activities at
Premises A:
A. Throughout the term of this Agreement, maintain storage bin(s) in good working order,
repainting when necessary, as determined by the Director of Community Services.
Graffiti shall be removed within seventy-two (72) hours of City's notification to do so.
In the event of violation of this provision, Association hereby authorizes City, as
Association's agent, to remove graffiti and to charge the cost and expense of any such
removal to Association who agrees to pay the same upon demand.
B. Maintain the clean Snack Bar, including counters, sinks, floors, and walls after each use;
remove and dispose of trash in and around Snack Bar to trash bins provided in the
dumpster located in the improved parking lot at AVCP.
C. Maintain all improvements associated with the newly constructed softball field,
including but not limited to repair of backstop, sideline fence, dugout fence, benches and
bleachers, and removal of graffiti from said improvements.
(YOU-13Y
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Remaining Provisions
All other provisions of the aforesaid Agreement (Exhibit C) shall remain in full force and effect.
City of Moorpark
Steven Kueny, City Manager
Date
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Moorpark Girls Softball Association
Date
ARROYO V90YA commuggyy FARff
CITY OF MOORPARK
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