HomeMy WebLinkAboutAGENDA REPORT 2002 0501 CC REG ITEM 11EITEM I - -
f.TTN' nF o1nnRTARK, r.AT,TrnR%,rk
('itv C'mtncit'�Trrfin�
CITY OF MOORPARR
CITY COUNCIL AGENDA REPORT`__
TO: The Honorable City Council
FROM: Mary K. Lindley, Director of Community Services
DATE: April 16, 2002 (CC Meeting of May 1, 2002)
SUBJECT: Consider License Agreement with Tri Valley Roller
Hockey League
DISCUSSION
In 1998, the City Council approved a license agreement with
Tri Valley Roller Hockey to use the multi - purpose court at
Arroyo Vista Community Park (AVCP) to run youth and adult
roller hockey leagues. The license fee to be paid by Tri
Valley was 15 percent of its gross revenue received from
leagues, clinics, and any other activity permitted under
the agreement, less a pass through fee for player
insurance.
Tri Valley was authorized to make court improvements in an
estimated value of $30,000. In return, the City agreed to
defer the license fee for a period of three years.
Tri Valley's License Agreement
indicated that they would like
and youth roller hockey leagues
third year, Tri Valley began pa}
fee. The fee received from Tri
season was $2,892.
has expired and they have
to continue offering adult
at AVCP. At the end of the
,ing the agreed upon license
Valley for its Spring 2002
Traditionally, Tri Valley offers three seasons; Spring,
Summer and Fall. They have not been successful in getting a
summer season established in Moorpark because it is often
too hot to play during the day, and the court is not
equipped with lights, so they cannot hold games in the
evening when it is cooler.
Al �, 0" U w r,
WMLindley\Recreation \TVRHL agree 02 ccagda.doc
Tri Valley License Agreement
Page 2
For the Spring 2002 season,
enrolled. Of that amount, 113
65 in the adult league.
a total of 178 players have
are in the youth league and
Under the original license agreement and the proposed new
agreement, Tri Valley has use of the multi - purpose court
five days a week. The City retains use of the court on the
other two days to operate the Skatepark. The City has the
right to request additional use, upon notice to Tri Valley.
Additionally, the City is in control of which two days of
the week it will use the court. Currently the City is using
the court on Thursdays and Fridays.
The currently proposed License Agreement (see Attachment A)
is similar to the original agreement approved in 1998. The
only change made addresses Tri Valley's use of amplified
sound (Section 6). If approved, Tri Valley would be
authorized to announce their games and play music between
games. The amplified sound system would have to be operated
and under the supervision of an adult of 18 years of age or
older. Additionally, amplified sound may only be used for
games and the privilege would not be extended to practices
or clinics. This is similar to the amplified sound
provision in the Packer Football Use Agreement.
As with the other youth sports agreements, Tri Valley's
License Agreement identifies its maintenance and repair
obligations, use of signs, ability to make improvements,
insurance and indemnity requirements, and other traditional
provisions. While Tri Valley has expressed an interest in
installing lights, it is not ready to proceed at this time.
When the City receives a proposal for lights, such an
improvement can be handled in an amendment to the agreement
with Council approval.
RE CON MENDAT I ON
Approve a License Agreement with Tri Valley Roller Hockey
League, and authorize the City Manager to execute the
Agreement on behalf of the City.
Attachments: A
ATTACHMENT
LICENSE AGREEMENT
This Agreement is made this _ day of , 2002, 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; 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 approved days and hours, as contained in Exhibit
A of this Agreement, subject to the terms contain herein. The term of this License Agreement
expires December 31, 2006, unless otherwise terminated pursuant to the provisions of
License Agreement herein.
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 fees, clinic fees, and any other activity permitted under this agreement, excepting
the annual pass through fee collected for player insurance only. License fee shall be due
quarterly to the City and shall be payable on the tenth (101h) working day of April, July,
October, January of each year License Agreement remains in effect.
Priority Registration: For all roller hockey leagues organized and operated by Tri Valley at
Arroyo Vista Community Park, City of Moorpark residents shall be offered 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 relevant by the City in addition to the information, pertaining
to roller hockey leagues conducted at Arroyo Vista Community Park, described in Exhibit
B (Operations, Maintenance, and Reporting Requirements) to this Agreement. The City shall
have the right, upon ten (10) days advance notice, to inspect all such records. 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.
M:\MLindley\Recreation \Youth Sports Agr \TRIVAL AGR 2002.doc
Tri Valley shall maintain a method of accounting to the satisfaction of the City, which
correctly reflects the revenue 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.
5. Maintenance and Repairs: Tri Valley shall be responsible for all repairs to, and maintenance
of the Court caused by Tri Valley's use of the Court, as outlined in Exhibit A (Use
Schedule). Said repairs, and maintenance shall be performed by Tri Valley in accordance
with City standards, as specified in Exhibit B (Operations, Maintenance and Reporting
Requirements). The costs of said repairs and maintenance shall be paid by Tri Valley.
Upon written notice from the City that the Court is in need of repair or maintenance for
which Tri Valley is responsible, Tri Valley agrees to perform, within a reasonable time, such
repair or maintenance as is needed to make said Court safe to the reasonable satisfaction of
the City. If after five (5) days following delivery of notice, repairs or maintenance has not
been performed by Tri Valley, or if Tri Valley fails to commence maintenance or repair work
within the time set forth in said notice and diligently prosecute to completion, Tri Valley
authorizes City, in its sole discretion, to conduct repairs or maintenance on said Court to
abate any condition which poses a threat to the safety of the public. Tri Valley agrees to
reimburse City for any and all costs associated with its obligation to perform repairs or
maintenance under this provision within fifteen (15) days of receiving an invoice from the
City. Nothing in this section shall be construed to waive the obligation of Tri Valley for
repair or maintenance of Court during the period identified in Section 1 of this Agreement.
6. Amplified Sound: Tri Valley shall be granted the use of amplified sound to be used to
announce games and provide music for games only. Privileges of amplified sound do not
extend to practices and clinics. Tri Valley's amplified sound system shall be operated and
under the supervision of an adult (18 years of age or older) at all times. Tri Valley shall not
play music with containing any offensive language or intent. Amplified sound shall not
project or infringe on other park users. The City retains the sole right to revoke Tri Valley's
use of amplified sound at any time for any reason.
7. 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,
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,
operation, or maintenance of the Court and its improvements by Tri Valley or any of Tri
Valley's officers, employees, servants or agents.
M:\MLindley\Recreation \Youth Sports Agr \TRIVAL AGR 2002.doc
2
C'"
.
V'
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 instructors,
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.
8. Improvements: Tri Valley shall not make any improvements to the Court without the prior
written consent of City. When approved in written by City, all improvements shall be at the
sole cost and expense of Tri Valley. All said improvements shall be performed in a good
workmanship and safe manner, and in accordance with construction plans and specifications
approved by the City.
All work shall be inspected by the City and the donated Court improvements shall be
accepted by City upon notice that all liens and claims have been satisfied by Tri Valley.
Upon completion and acceptance of the Court improvements, the City shall assume full
ownership of said improvements.
9. Signs and Advertising: Tri Valley shall not 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. Tri Valley shall pay the same
to City.
This provision does not exclude the use of identification banners for individual teams and
sponsors, which may be displayed during games and shall be removed following the end of
each game.
10. 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 officers, employees,
servants, or agents.
MAMLindley\Recreation \Youth Sports Agr \TRIVAL AGR 2002.doc
3
Tri Valley shall not at any time or in any manner represent that it or any of its officers,
employees, servants or agents is in any manner an employee 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.
11. Liability Insurance: Prior to commencing 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 A+ company
as rated by Best's Insurance Guide and 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:
1) Name City and its officers, employees, servants and agents as additional insured with
Tri Valley;
2) 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;
3) 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
4) 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:
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
M:\MLindley\Recreation \Youth Sports Agr \TRIVAL AGR 2002.doc
4
$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.
12. 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.
13. 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 to the City Council, this Agreement shall terminate at the option
of the non - faulting party.
14. 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.
15. 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, easement or leasehold interest in the Court and underlying real property is created
or vested in Tri Valley by the grant of the license.
16. 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:
TO: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Att: Director of Community Services
TO: Tri Valley Roller Hockey Association
2509 E. Thousand Oaks Blvd, Suite 222
Thousand Oaks, CA 91362
MAMLindlcy\Recreation \Youth Sports Agr \TRIVAL AGR 2002.doc
5
Att: Walt Collins, Vice 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.
17. Modification: This agreement may be terminated, extended or amended in writing by the
mutual written consent of the parties hereto. Such termination, extension or amendment may
be executed by the City Manager on behalf of the City.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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
KNLindley\Recreation \Youth Sports Agr \TRIVAL AGR 2002.doc
6
X-1k
v
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.
24. 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.
25. 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
City Manager, City of Moorpark
ATTEST:
Deborah Traffenstedt, City Clerk
LICENSEE
Vice President,
Tri Valley Roller Hockey League
MA\MLindley\Recreation \Youth Sports Agr \TRIVAL AGR 2002.doc
7
EXHIBIT A
USE SCHEDULE
Tri Valley shall have the right to use the Court, for the exclusive purpose of operating roller
hockey leagues games, practices, and clinics during approved hours between the hours of 3
p.m. and dusk on week days, and for a maximum of twelve approved hours on Saturdays and
Sundays.
City sponsored and co- sponsored programs and events have priority use of the Court. To
initiate its right to use the Court, three weeks prior to the first day of each season, Tri Valley
shall 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 needed based on
enrollment, including dates for pre - season try outs, practices, games, and clinics. The City's
Community Services Director will approve days and times to be designated for Tri Valley's
use, at her /his sole discretion and consistent with the terms of this License. Additionally,
upon the receipt of a written request from Tri Valley, the City may, at its sole discretion,
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 and does not conflict with any planned City of City co- sponsored event.
In no event shall the City's Director of Community Services approve use of the Court by Tri
Valley during days or hours that AVCP is not open to the public.
Tri Valley's use of the Court is restricted to youth and adult roller hockey league games or
practices by teams or individuals registered in Tri Valley's Moorpark Leagues, and
instructional clinics held within the days and times approved above by the City's Director
of Community Services. 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 during time approved for Tri Valley's use, provided Tri Valley is
notified in writing no less than three weeks before the start of its then current season, and an
alternate time, as determined by City in its sole discretion, is made available to Tri Valley.
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 the Court on City observed holidays, without written approval by the City's Director
of Community Services.
MA\MLindley\Recreation \Youth Sports Agr \TRIVAL AGR 2002.doc
8
EXHIBIT B
OPERATIONS, MAINTENANCE AND REPORTING REQUIREMENTS
1. Tri Valley shall 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
e. 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. Maintenance of, and repairs to the Court shall include 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. At a minimum, Tri Valley shall perform the following maintenance and repair duties at the
Court:
a. Sweep the Court surface, including the player box area each day of use under this
agreement.
b. Empty trash cans at the Court and dispose of contents in the dumpster located in the
parking lot at AVCP on each day of use.
C. Inspect the dasher boards, including all nuts, bolts, hinges, and other fasteners twice
MAMLindley\Recreation \Youth Sports Agr \TRIVAL AGR 2002.doc
9
a week. Tighten and replace components when warranted.
d. Repaint dasher boards at least once a year, or more often, if determined warranted by
the City.
e. Repair and replace all chain link fencing, as needed.
f. Repaint court game lines at least once every two years, or more frequently if needed.
4. Tri Valley shall provide a written report to the City regarding information about each season.
This report will be due to the City thirty (30) workdays following the end of the just
completed season. The report shall include, but not be limited to, the following information:
a. Tri Valley's expenses for operations under this agreement. This report shall include
profit and loss, and revenue and expense information directly related to the use of the
Court pursuant to this agreement.
a. Number of players and teams by age division
C. Total dollar amount of league fees collected, less player insurance fees
d. Number of clinics held during the season
e. Number of clinic participants
f. Total dollar amount of clinic fees collected
MAMLindley\Recrcation \Youth Sports Agr \TRIVAL AGR 2002.doc
10