HomeMy WebLinkAboutAGENDA REPORT 2021 0505 CCSA REG ITEM 09BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of May 5, 2021
ACTION Approved Staff Recommendation.
(Roll Call Vote: 4-0, Councilmember Castro
Absent).
BY B. Garza.
B. Consider Discussion of Recommendations for 2021-2024 Youth Sports
Organization Facility Use Agreements and Fees for Use of City Facilities. Staff
Recommendation: 1) Approve Youth Sports Organization Use Agreements for the
term of July 1, 2021 through June 30, 2024 with staff recommendations as
contained in the agenda report and authorize the City Manager to sign the
Agreements, subject to final language approval by the City Manager. (Staff:
Michael Ramirez)
Item: 9.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Michael Ramirez, Recreation Supervisor
DATE: 05/05/2021 Regular Meeting
SUBJECT: Consider Discussion of Recommendations for 2021-2024 Youth
Sports Organization Facility Use Agreements and Fees for Use of City
Facilities
SUMMARY
Since 1997, the City Council has approved facility use agreements for youth sports
organizations (YSOs) serving Moorpark youth. These Use Agreements grant priority use
of facilities, establish reduced fees, and detail the requirements and obligations of each
YSO. The current Use Agreements expire on June 30, 2021. Staff is asking City Council
to approve the attached Use Agreements and fee schedules for the term of July 1, 2021 ,
through June 30, 2024, with staff recommendations as contained in this agenda report.
BACKGROUND
In 2018, the City Council authorized facility use agreements for seven YSOs: American
Youth Soccer Organization (AYSO), Achieve Goals, Inc. (AGI), Moorpark Girls Softball
Association (MGSA), Moorpark Little League (MLL), Moorpark Musketeers Yo uth
Football (MMYF), Moorpark Soccer Club (MSC), and United States Youth Volleyball
League (USYVL).
These facility use agreements grant priority use of, and reduced fees for, certain City
facilities to these organizations. The agreements also specify the conditions of use and
the requirements the YSOs must meet to maintain their rights under the agreements.
Several significant changes were made to the agreements in 2018, including the removal
of a 42-week per year limit, the addition of specified use periods, the addition of field
allocation ratios, and changes to fees and residency requirements. The current
agreements (2018-2021) allow for year-round use at reduced rates. The rates are based
on the City’s Operating Budget and calculated to cover the full cost of park maintenance
operations. However, the number of allotted fields, and priority use of those facilities,
Item: 9.B.
97
Honorable City Council
05/05/2021 Regular Meeting
Page 2
varies by season with each organization’s primary season granting the highest level of
priority and facility usage. Use fees are currently set at $8.75 per hour for an athletic field
and $6.00 per hour for a ball field (softball or baseball) for use under the agreements.
DISCUSSION
The current YSO facility use agreements expire on June 30, 2021. To continue to provide
reduced field rates, priority use, and other benefits to the YSOs without interruption, new
facility use agreements will need to be executed on or before June 30. Staff is proposing
key changes to the agreements, as detailed below. The proposed changes, with the
exception of non-resident fees, were discussed with the YSOs at the March 1, 2021
Transportation and Public Works Committee meeting. The YSO representatives did not
express any concerns regarding the proposed changes.
Non-Resident Fees
Current agreements require YSOs to pay the Single -Family Equivalent (SFE) park
assessment for participants who are registered in their league and reside outside of
Moorpark city limits. The SFE is based on a “special” assessment by which the City
assesses property owners for that portion of park maintenance and improvement
activities that generate a “special” benefit and is paid through property taxes of the
affected properties. The SFE for Fiscal Year 2019/20 was $63.33 and the SFE for Fiscal
Year 2020/21 is $65.23. The annual adjustment of this rate is based on the Consumer
Price Index (CPI) for the Los Angeles area, with a maximum increase of 3%. The total
fees collected from the YSO’s is based on the number of non -resident participants and
varies from year-to-year. Over the last several years the total fees collected have
averaged approximately $9,500/year. The fee was included in the various YSO
agreements starting in 2012 and was initiated so that all participants were paying their
portion of the costs related to the SFE and associated maintenance costs of the City’s
park facilities. However, over the past nine years, staff has made the following
observations regarding the effects of this policy:
• The City does not currently charge a non-resident fee for City-operated recreation
programs (e.g., sports leagues, classes, day camps, events); therefore, the fee is
inconsistent with the manner in which the City assesses fees for its own programs.
• Examining YSO rosters has proven to be extremely time consuming for staff. To
assess the correct non-resident fee amount, every YSO roster, for each season,
must be collected, reviewed, and compared to all the other groups’ rosters to
ensure siblings and/or same household members are accounted for within, and
between, each league. For example, if one household member plays for the
Moorpark Musketeers Youth Football league in winter and baseball for Moorpark
Little League in spring, and another household member plays Moorpark AYSO
soccer in fall and for Moorpark Girls Softball in summer, staff must identify and
recognize each registration as a single household and ensure that each YSO is
only assessed 25% of the SFE park assessment.
98
Honorable City Council
05/05/2021 Regular Meeting
Page 3
• To ensure that YSOs are primarily serving Moorpark residents, one of the standard
conditions of the use agreements is that YSOs must meet a 75% residency
requirement. If less than 75% of participants registered in the league are Moorpark
residents, the YSO does not receive the benefits or reduced rental fees outlined in
their agreements and must reserve facilities under the standard rental rules and
fees. For comparison, under the standard rental rules and fees, a sports coach
that lives in Moorpark and whose team consists of at least 51% Moorpark residents
can reserve fields under the Group 2 rate, and no non -resident fees are charged
for such rentals. Charging the YSOs non-resident fees is inconsistent with how
fees for standard rentals are assessed.
• YSOs already pay for the cost of field maintenance through their Use Fees. The
fees are based on the City’s annual Operating Budget and are calculated to cover
all maintenance operations on a per acre basis. These fees cover the full cost of
maintenance and are adjusted based on the size of the rental area or field size.
Additionally, the individual YSO agreements include supplemental maintenance
requirements based on their specific use.
To summarize, staff believes that the original intent to pay for maintenance costs by
assessing a non-resident fee to participants that reside outside the City’s boundary is not
necessary, as the costs associated with the maintenance of the City’s facilities are already
collected by the YSO’s for rental of the fields. As noted, the examining process is also
very time consuming for staff and absorbs approximately 10-14% of funds collected. In
addition, the non-resident fee is inconsistent with other City fee structures, including for
the City’s own programs (e.g., classes, camps, and the City’s youth and adult sport
leagues). Based on this information, staff recommends removing the non-resident fee
requirement from the associated YSO agreements.
Premises
Currently, YSO agreements specify the location and maximum number of fields available
to each YSO by date and season. However, the actual number of fields that a YSO
qualifies to reserve under their agreement may be less than this allocation based on a
team to field ratio requirement. To better serve our YSOs, the community, and the City,
staff suggests removing this ratio requirement and allowing YSOs to reserve the
maximum number of fields allotted in their agreements as needed to allow for more
flexibility in their scheduling of fields. For example, a YSO can play 32 1-hour games on
four fields from 8:00 a.m. to 4:00 p.m.; however, with eight fields, they can play the same
number of games from 8:00 a.m. to 12:00 p.m. This creates more field-rental opportunities
for other groups that require a large number of fields by making a greater number of fields
available after YSO games are finished. Thus, two benefits of allowing YSOs to request
the maximum number of fields allotted include a reduced time-burden on YSO volunteers,
and a potential for additional large-scale rental opportunities resulting in increased
revenue for the City.
If the existing ratio format for field allocations is eliminated as recommended, it should be
noted that use would still be limited to each YSO’s assigned fields. To allow this increased
99
Honorable City Council
05/05/2021 Regular Meeting
Page 4
flexibility and prevent potential negative impacts caused by inefficient field usage, a
clause has been added to YSO agreements allowing the City to remove fields from a
YSO’s permit when (a) field(s) on a set date and time is/are unused on three or more
occasions during a season.
Hourly Use Fees for Fields
Fees for field use under the current agreements are set at $8 .75 per hour for an athletic
field and $6.00 per hour for a ballfield. These fees were based on the FY 2018/19
Operating Budget for the City’s park maintenance operations . Although the direct costs
associated with maintenance operations have steadily increased since then, such as
increases in the costs of water, equipment, supplies and general landscape maintenance
operations, the hourly costs associated with maintenance of our athletic fields has not
exceeded the fee schedule established in FY 2018/19. This is primarily due to the fact
that since FY 2019/20 staff has removed, or substantially reduced, the costs associated
with the renovation of the athletic fields. Prior to 2019, staff hired contractors to perform
extensive field renovations in order to improve the condition of the fields due to several
years of deferred maintenance operations, such as fertilization, aeration, and over-
seeding. This is now completed by the City’s maintenance staff on an as-needed basis
and has resulted in a savings of approximately $250,000/year. Additionally, over the last
several years staff has spent an extensive amount of time preparing a zero-based budget
that is both manageable, and directly related to scheduled maintenance activities. For
instance, the FY 2018/19 Operating Budget for park maintenance operations was
approximately $4,500,000. The proposed FY 2021/22 Operating Budget for park
maintenance operations is approximately $3,900,000. Since the hourly costs associated
with the rental of the City’s athletic fields are directly related to the Operating Budget, the
hourly costs for the use of the City’s athletic fields have not increased since these fees
were established in FY 2018/19. Because of this, staff recommends maintaining the
current fee schedule at this time. However, it should be noted that maintenance costs
have been reduced in FY 2020/21 and FY 2021/22 due to the pandemic and resulting
loss of revenue to the City. This has resulted in a reduced water budget, deferring
nonessential maintenance operations to future years, as well as a reduction in landscape
maintenance services levels. Because of this, as well as rising maintenance costs, staff
anticipates that the Operating Budget will increase during the next three-year planning
cycle and an increase in the Use Fees assigned to the YSOs will be necessary starting
in FY 2024/25.
Use of Alternate Fields
Current agreement language for all YSOs states, “At City’s sole discretion, other fields
may be temporarily assigned to [YSO] if all, or a portion of, fields listed above are not
available due to closure for maintenance or use by City for its own programs.”
As YSOs modified their practice formats to meet mandated health and safety guidelines
required by the State and County due to COVID-19, and season schedules were
postponed, resulting in a need for fields outside of prescribed priority -use periods, it
100
Honorable City Council
05/05/2021 Regular Meeting
Page 5
became necessary to adjust YSO’s designated field locations. While the declared
emergency of the COVID-19 pandemic provided some flexibility in modifying field
assignments, as seen in the language above, the ability of City staff to assign alternate
fields to YSOs when needed is normally limited to “closure for maintenance” and “use by
City for its own programs.” City staff recommends modifying agreement language to allow
authorized staff, at the City’s sole discretion, the ability to assign alternate field(s) as
deemed necessary for declared emergencies and unforeseen circumstances, as detailed
below:
“At City’s sole discretion, other fields may be temporarily assigned to [YSO] if all, or a
portion of, assigned fields are not available or become unsuitable due to closure for
maintenance, use by City for its own programs, a declared emergency, or other
unforeseen circumstances as deemed appropriate by the City Manager or his/her
designated representative.”
Designated Field(s) – Moorpark Soccer Club (MSC)
The current agreement between the City and Achieve Goals Soccer Organization
includes language allowing for use of a single field at Arroyo Vista Community Park in
place of their assigned field at Miller Park when it, “does not interfere with American Youth
Soccer Organization Region 363 (AYSO), Moorpark Girls Softball Association (MGS), or
Moorpark Packers dba Moorpark Musketeers Youth Football (Musketeers) use of
Premises as identified in their respective Agreements.” This language is currently absent
from MSC’s Agreement. City staff suggests adding this language to MSC’s Agreement
for consistency.
FISCAL IMPACT
The total non-resident fees collected for Fiscal Years 2019 and 2020 were $10,514.56
and $8,426.60 respectively. Non-resident fees for Fiscal Year 2020/21 have not yet been
assessed and many YSOs will not operate during this time or will only operate on a limited
basis. The two-year average for Fiscal Years 2019 and 2020 is $9,500.58. Estimated
staff costs associated with examining YSO rosters is between $800 to $1,200. The total
loss of revenue based on the removal of the non -resident fee for those average years
would have been approximately $8,500.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Approve Youth Sports Organization Use Agreements for the term of July 1, 2021, through
June 30, 2024 with staff recommendations as contained in the agenda report and
authorize the City Manager to sign the Agreements, subject to final langua ge approval by
the City Manager.
101
Honorable City Council
05/05/2021 Regular Meeting
Page 6
Attachment 1: Draft Achieve Goals Agreement
Attachment 2: Draft American Youth Soccer Organization Agreement
Attachment 3: Draft Moorpark Girls Softball Agreement
Attachment 4: Draft Moorpark Little League Agreement
Attachment 5: Draft Moorpark Musketeers Youth Football Agreement
Attachment 6: Draft Moorpark Soccer Club Agreement
Attachment 7: Draft United States Youth Volleyball League Agreement
102
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
ACHIEVE GOALS, INC. FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
202118, between the CITY OF MOORPARK, a municipal corporation located in the County
of Ventura, State of California, hereinafter referred to as "City" and ACHIEVE GOALS,
INC., a nonprofit organization, hereinafter referred to as "AGI".
W I T N E S S E T H:
WHEREAS, youth sports programs are a valuable asset to the Moorpark community;
and
WHEREAS, AGI provides soccer programs for the youth of the Moorpark
community; and
WHEREAS, AGI desires to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation of facility
use agreements for Moorpark nonprofit youth sports organizations in order to provide
special conditions, priority use, and reduced use fees to the youth sports organizations.
NOW, THEREFORE, in consideration of the mutual covenants, benefits , and
premises contained herein, the parties hereto agree as follows:
1.Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to AGI, and AGI hereby accepts from City, the
use of certain real property and associated facilities and equipment at Arroyo Vista
Community Park, hereinafter “AVCP” and Miller Park, hereinafter “MP” as described below
and in Attachment "A" attached hereto and by this reference incorporated herein, together
with any and all improvements thereon , all of which are hereinafter referred to as the
"Premises" for the following use periods:
A.During the fall season, one athletic field at MP for practices Monday through Friday
and one athletic field at AVCP for games on Sunday. One (1) athletic field at AVCP
may be substituted for the athletic field at MP so long as such use does not interfere
with American Youth Soccer Organization Region 363 (AYSO), Moorpark Girls
Softball Association (MGS), or Moorpark Packers dba Moorpark Musketeers Youth
Football (Musketeers) use of Premises as identified in their respective Agreements.
The fall season may start no earlier than August 1 and conclude no later than
December 31.
The field assigned to AGI shall be at City’s sole discretion, and shall exclude use of
athletic field #4 during the fall season. At City’s sole discretion, other fields may be
temporarily assigned to AGI if all, or a portion of, the field allocated to AGI is not
available due to closure for maintenance, or use by City for its own programs, or any
other reason as deemed appropriate by the City Manager or his/her designated
ATTACHMENT 1
103
representative.
B. For up to three (3) tournaments per calendar year, up to ten (10) athletic fields and
four (4) ball field outfields at AVCP. Each tournament may not exceed two (2)
weekends or four (4) total days. Weekends for each tournament must be
consecutive, unless facilities are not available due to City use, holidays,
maintenance, or other rental use. Tournament use is subject to availability of fields,
and may not interfere with AYSO, MGS, or Musketeers use of Premises as identified
in their respective Agreements.
C. During the spring season, and other use periods outside of the fall season including
but not limited to training clinics, camps, and advanced, specialized, or year-round
team practices not associated with a specific season, one (1) athletic field at AVCP.
The spring season may start no earlier than March 1 and conclude no later than
May 31.
The field assigned to AGI shall be at City’s sole discretion. At City’s sole discretion,
other fields may be temporarily assigned to AGI if all, or a portion of, the fi eld
allocated to AGI is not available due to closure for maintenance or, use by City for
its own programs, or any other reason as deemed appropriate by the City Manager
or his/her designated representative.
For use of City facilities beyond or other than described above, AGI agrees to obtain a
Rental Permit and pay rental fees as described in the current Park Rental Rules and Park
Rental Fees Resolution.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 20182021,
and ending on June 30, 20212024, provided however, that City's obligations hereunder
shall be contingent upon AGI's payment in full of all use and related fees and fulfillment of
all obligations as set forth in this Agreement.
This Agreement may be terminated by either party with or without cause by providing
written notice no less than thirty (30) days in advance of such termination.
3. Use Fees
AGI agrees to pay the City Use Fees for the Premises as follows:
A. Hourly use fees for fields for facilities as described in Sections 1.A. and 1.B. of this
Agreement:
$8.75/hour for athletic fields
$6.00/hour for softball/baseball fields or open grass areas
B. Non-resident Fee: Single Family Equivalent park assessment per family, for children
registered in the league who reside outside of Moorpark city limits. The fee shall be
paid once per fiscal year per family. In the event a child, or his/her sibling(s),
104
participate in two or more youth sports organizations with approved facility use
agreements, the non-resident fee shall be equally divided among said youth sports
organizations.
AGI shall submit a registration roster, including names of non-resident participants,
and street addresses and zip codes of all participants (both resident and non -
resident), registered in the program within five (5) business days of the close of
registration for each use period for the purpose of verifying, assessing, and tracking
non-resident fees and ensuring compliance with minimum participant and residency
requirements. Rosters shall be submitted via email to the Recreation Division
manager in Excel workbook format.
City shall calculate non-resident fees due no later than May 30 of each year. AGI
shall be notified in writing of non-resident fees due no later than June 1. Non-
resident fees must be paid in full no later than June 25.
C.B. Staff Fees: Staff fees as described in the current City Council Staff Billing
Rates Resolution, as may be amended from time to time, for monitoring of and
maintenance during tournaments. Staff fees shall be paid for the duration of the
tournament.
Fees for use of the Premises must be paid in accordance with the following schedule.
Failure to pay fees when due will result in the denial or cancelation of the Rental Permit for
use under the Agreement:
A. $100 due at time of submission of Reservation Request.
B. 50% payment due within five (5) business days of issuance of approved Rental
Permit for seasonal use, full payment due within five (5) business days of issuance
of permit for tournaments or other use.
C. Balance of payment due within ten (10) business days of start of season for
seasonal use.
The City may adjust the Use Fees, referenced in this section on or before the beginning of
the new fiscal year, commencing on July 1 and ending June 30, by giving AGI written
notice by April 1.
Fees other than those specifically described above shall be charged and payable as
defined in the Park Rental Fees Resolution. This includes, but is not limited to, permit
application fees, change fees, vendor fees, security deposits, cancellation fees, refund
processing fees, and fees for use of City facilities other than Premises.
4. Refunds or Credits for Use Fees
Use Fees paid may be refunded or credited under the following conditions:in accordance
with the terms and conditions established in the current Rules and Regulations Governing
City Facility Rentals and Rental Fees, Deposits, and Additional Charges for City Facility
Rentals resolutions.
105
A. The Premises are unusable due to inclement weather (temperatures below 45°F or
above 95°F, active precipitation, winds in excess of thirty (30) miles-per-hour, or
heavy fog), or conditions exist (as determined by City Manager or the City
Manager’s designee) which make the Premises unusable, such as water saturated
fields. AGI may also reschedule the canceled date, within the time frames and
maximum use allowed by this Agreement.
B. A request for cancellation for a date or dates reserved an d paid for under the
Agreement is received thirty (30) calendar days or more in advance of the
scheduled date or dates.
For requests for cancellations received between twenty-nine (29) and five (5) calendar days
prior to the scheduled date, AGI may reschedule the canceled date, within the time frames
and maximum use allowed by this Agreement.
No refunds or credits will be issued for requests for cancellations received less than five (5)
calendar days in advance, and the canceled date or dates may not be rescheduled.
5. Use
The Premises shall be used for AGI’s authorized games, practices, and training sessions.
The Premises shall be used as specified in this Agreement only, andonly and shall not be
used for any other purpose without the prior written consent of the City Manager or the City
Manager’s designee. Subletting of premises is not allowed.
A schedule of times and days requested for use of Premises (Reservation Request) shall
be furnished to the Parks and Recreation Director (PR Director) or the PR Director’s
designee for the City’s approval as follows:
A. Fall season: On or before July 15. Fields not requested for reservation by AGI for
the fall season by this date will be available to the public and AGI will not have
priority use of them.
B. Spring season: On or before February 15. Fields not requested for reservation by
AGI for the spring season by this date will be available to the public and AGI will not
have priority use of them.
C. Tournaments: At least sixty (60) calendar days prior to the first day of tournament
play.
D. All other use: At least thirty (30) calendar days prior to the start of the use period.
The Reservation Request must be provided on the “Park Facility Reservation Application
Youth Sports Organizations” form for seasonal use, and on the “Tournament Reservation
Application” form for tournaments. A separate Reservation Request must be submitted for
each use period (including fall season, spring season, all-stars, tournaments, training
clinics, camps, and other use periods.)
Reservation Requests not submitted by the above stated deadlines, or without the
106
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation Requests submitted after the above stated deadlines will forfeit priority use
over other renters, will not be eligible for the reduced hourly field Use Fees as described in
3.A. of this Agreement, and will be processed and fees charged in accordance with the
Park Rental Rules and Park Rental Fees Resolutions.
The City shall provide AGI with an approved Rental Permit based on each Reservation
Request detailing the dates and times AGI is authorized to use Premises. Requested
changes to the approved Rental Permit must be submitted to City in writing. All requested
changes must be approved by City.
The approved Rental Permit may contain additional conditions or special requirements.
These may include but are not limited to the requirement of portable toilets and trash and
recycle dumpsters for tournaments, permission for overnight security for tournaments, and
vendor requirements. AGI shall abide by all conditions and requirements on the approved
Rental Permit.
AGI may be required to provide practice and/or game schedules to demonstrate that all
reserved fields are being utilized. If any reserved field is not utilized by AGI a total of three
times during a season or reserved period of use, the field(s) reservations may be cancelled
and removed from the reservation permit. AGI will be notified by City staff when it has been
determined that one or more fields are not being used, and prior to cancellation of the field
reservation.
At all times, City retains the right to use Premises for City sponsored and co -sponsored
events upon no less than thirty (30) days written notice to AGI. The general public shall
have access to and use of Premises at times not included in the approved Rental Permit.
AGI shall not have priority use of Premises outside of the approved Rental Permit.
6. General Conditions
A. In order to retain rights under this agreement, AGI shall maintain status as a 501 (c)
(3) nonprofit corporation chartered within the City of Moorpark. AGI agrees to
provide City with proof of nonprofit status and a certified accounting of its financial
status each year.
The annual financial accounting shall include: 1) a budget summary of actual
revenue and expenditures from AGI’s prior fiscal year; 2) a budget summary of
estimated revenue and expenditures for AGI’s current fiscal year; and 3) a bank
statement or account summary to verify information provided in budgets. The
financial accounting and proof on nonprofit status shall be submitted with the “Youth
Sports Organization Information Sheet” on or before January 15 of each year.
B. In order to retain rights under this Agreement, AGI must register and maintain a
minimum of seventy-five (75) players. Additionally, a minimum of seventy-five
percent (75%) of participants must reside within Moorpark city limits. AGI shall
provide City with registration rosters as described in 3.C. of this Agreement.
107
C. AGI shall submit annually to the City a completed “Youth Sports Organization
Information Sheet,” the form of which shall be as provided by the City. The information
sheet for each calendar year shall be submitted no later than January 15.
D. AGI shall submit to City a Certificate of Authorized Signatories, with names and
signatures of those authorized to sign documents on behalf of AGI. A new form shall
be submitted any time the list of authorized signatories changes.
E. AGI agrees to obtain a Rental Permit and pay rental fees as required by section
12.16.160 of the Moorpark Municipal Code (MMC) for all use of City facilities not
included in the “Premises” and “Use” sections of this Agreement. AGI further agrees
to notify all coaches and participants of the City’s rule s and regulations governing
City park rentals, andrentals and shall prohibit any coach or participant from
interfering with a permitted park rental.
7. Wet Field Policy
AGI agrees to abide by the terms of the Wet Field Policy as described in the Rules and
Regulations Governing City Park Rentals Resolution, as may be amended from time to
time, to preserve the quality and life of the fields and promote a safe playing environment.
The Wet Field Policy applies to conditions due to precipitation, over-watering, irrigation
system problems, or other circumstances that may result in wet fields. When fields are
sufficiently wet such that their use may lead to turf damage or bodily injury, they will be
closed to all use at the City Manager’s or the City Manager’s designee’s sole discretion.
Fields are closed under the following conditions:
A. Rain (with the exception of light drizzle if the ground is relatively hard and dry prior
to the start of the drizzle).
B. Standing water/ponding or mud is present.
C. Water gathers around the sole of a shoe.
D. Footprints leave an impression in the turf.
E. Other conditions deemed unsuitable for recreational activities as determined by the
City Manager or the City Manager’s designee.
8. Signs
AGI agrees not to permit the construction or placement of any sign, signboard, or other
form of outdoor advertising on the Premises without the prior written consent of the City
Manager or the City Manager’s designee. In the event of a violation of this provision by
AGI or any oneanyone claiming under AGI, AGI hereby authorizes City as AGI's Agent, 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 AGI who agrees to pay the same
upon demand.
This provision does not prohibit the use of identification banners for individual teams and
sponsors, which may be displayed during games and shall be removed following the end of
108
each game.
AGI further agrees to abide by the City’s Sign Ordinance regarding the placement of signs
at any location other than Premises.
9. Vendors
Vendors are not permitted without the prior written authorization of the City Manager or the
City Manager’s designee. Vendors are subject to the following conditions:
A. Vendors must complete the City’s vendor application form.
B. Vendors must be self-contained.
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the American with Disabilities Act (ADA).
Vendors must have a current Moorpark business registration permit as required by
MMC 5.08 (Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
AGI must pay to the City vendor fees as described in the current Park Rental Fees
resolution.
10. Indemnification and Hold Harmless
AGI hereby agrees to hold harmless and indemnify City, its officials, agents, and employees,
and its successors and assigns, from and against all claims, loss, damage, actions, causes
of actions, expense (including costs of fees and expenses for legal services) and/or liability
arising or growing out of loss or damage or destruction to property, including City's own
personal property, or injury to or death of persons, including employees of City, resulting in
any manner whatsoever directly or indirectly, by reason of this Agreement or the use of City
facilities by AGI or any person claiming use under or through AGI unless such loss, damage,
injury, or death is due to the sole negligence of the City. AGI shall also hold the City
harmless from all costs and expenses, including costs of investigation arising out of or
incurred in the defense of any claim, proceeding, or action brought for injury to persons or
damage to property, resulting from or associated with the use of City facilities under this
Agreement and shall further save and hold harmless the City from any and all orders,
judgments, and decrees which may be entered in any and all such suit or actions. AGI and
all others using said facilities under this Agreement hereby waive any and all claims against
the City of damage to persons or property in, or about City facilities.
The City does not, and shall not, waive any rights that it may have against AGI by reason of
this Section, because of the acceptance by the City, or the deposit with the City, of any
insurance policy or certificate required pursuant to this Agreement. Said hold harmless and
indemnification provision shall apply regardless of whether or not said insurance policies
are determined to be applicable to the claim, demand, damage, liability, loss, cost or
expense described in this Section. The provisions of this Section shall survive the
109
expiration or termination of this Agreement. The provisions of this Section shall apply to all
use of City facilities by AGI pursuant to this Agreement. Failure of City to monitor
compliance with requirement set forth in this Agreement imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11. Liability Insurance
AGI shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Attachment “B” attached hereto and incorporated herein
by this reference as though set forth in full. The provisions of this Section shall apply to all
use of City facilities by AGI pursuant to this Agreement.
12. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be
done at City’s sole discretion and shall be performed by City force account or by City’s
authorized agent unless approved by City Manager or the City Manager’s designee in
writing. All maintenance authorized to be performed by AGI shall adhere to City
specifications and standards.
A. During use under this Agreement, AGI shall be responsible to perform the following
maintenance on Premises at AGI’s sole cost and expense:
1. Mark soccer field lines using only an approved water-based acrylic paint,
manufactured specifically for marking lines on sports turf and athletic fields.
Athletic field paint may not contain calcium carbonate, vinyl copolymers,
herbicides (including growth inhibitors), or pesticides.
2. Maintain, install, secure, and properly anchor soccer goals in a manner and
location as approved in writing by City Manager or the City Manager’s
designee. Nets and goals shall be free from defects, and in good working
condition. Nets and goals shall be maintained, repaired, and/or replaced as
needed at AGI’s sole cost and expense. Nets or goals in need of repair shall
be removed from play, locked, and stored until repaired. Prior to use, goals
shall be properly anchored to the ground with mounting hardware supplied or
approved by the goal manufacturer. AGI shall attempt to vary the placement
of the goals periodically to maintain the integrity of the turf and shall consult
with City to identify mutually agreeable locations prior to installation (field
layout approval). Goals shall be secured and stored at a location on
Premises mutually agreed upon in writing by AGI and City when not in active
use for games or practices. Goals must be placed no earlier than one hour
prior to the start of a game or practice and must be stored no later than one
hour after the conclusion of a game or practice.
3. Pick up trash and recycle materials on and within 100’ around Premises and
provide for additional trash containers as needed. Trash and recycling
containers shall be emptied when they are no more than seventy-five percent
(75%) full, with trash and recycle materials placed in the appropriate trash or
110
recycle container bin. Additionally, recycle material shall be removed from
the liner and placed in the appropriate recycling bin. All recycle and trash
receptacles shall be installed with trash liners. Liners shall be supplied by
AGI. Trash liners shall be black in color and 1.5 mill or better, and recycle
liners shall be clear, unless otherwise approved by the City.
4. Remove graffiti from goals within seventy-two (72) hours of notification to do
so. All cleaning products used must be approved by City. If AGI fails to
remove graffiti as described in this section, AGI authorizes City to remove
graffiti and to charge the cost and expense of such removal to AGI, who
agrees to pay the same upon demand.
5. AGI shall remove their goals from Premises after each season for storage at
a location on Premises mutually agreed upon in writing by AGI and City.
B. City shall be responsible to perform the following:
1. Irrigate, mow, fertilize, and aerate at City’s expense turf areas within
Premises.
C. City shall not be obligated to repair, replace or maintain the Premises in any manner
throughout the term of this Agreement. City shall not be obligated to perform any
precautionary or preventative measures with respect to the Premises, including, but
not limited to drainage and flood control measures. Should City perform any of the
foregoing, such services shall be at the sole discretion of City, and the performance
of such services shall not be construed as an obligation or warranty by City of the
future or ongoing performance of such services. City shall determine maintenance
specifications.
D. City agrees to allow AGI to access the field portion of Premises with no more than
one (1) vehicles for the specific purpose of setting u p and taking down equipment
only. Vehicles shall not exceed a gross vehicle weight (GVW) of 5,400 pounds and
may only include golf carts, utility vehicles (“Gators”), or all-terrain vehicles (ATVs).
Vehicles must be equipped with turf tires. AGI agrees not to use vehicles on the field
whenever the ground is wet, for whatever reason, without obtaining the City
Manager’s or the City Manager’s designee’s written approval. AGI further agrees
that only licensed drivers age eighteen (18) or older may drive said vehicles. AGI
agrees to immediately report to City any damage to Premises caused by use of
vehicles on Premises. AGI further agrees to repair any damage caused by AGI’s
use of vehicles at AGI’s sole cost and expense to the satisfaction of the City. Except
as described above, use of any other vehicle on any area other than roadways and
parking lots requires the advance written approval of City.
13. Improvements
AGI shall not make any alterations, additions, or improvements upon the Premises without
the prior written consent of the City Manager or the City Manager’s designee. Requests to
make alterations, additions, or improvements must be submitted to the City in writing no
less than fifteen (15) business days prior to the desired start date for work.
111
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
maintained at AGI’s sole cost and expense in strict accord with all federal, state, county,
and local laws, ordinances, codes, and standards relating thereto, including ADA
requirements. Performance of work shall be subject to City monitoring and inspection. At
City’s sole discretion, work may be stopped if it does not conform to City specifications and
standards.
Unless otherwise expressly agreed to in writing by the City Manager or the City Manager’s
designee, any alterations, additions, and improvements shall remain on and be
surrendered with the Premises upon the expiration or termination of this Agreement. AGI
shall timely pay all costs associated with any and all improvements, and shall keep the
Premises free and clear of all mechanics liens. AGI agrees to and shall indemnify, defend,
and save City free and harmless against all liability, loss, damage, costs, attorney fees and
other expenses of any nature resulting from any AGI alterations, additions, or
improvements to the Premises.
If AGI discontinues use of Premises for a period of eighteen (18) consecutive months, all
improvements to Premises not already owned by City shall become the property of the City
unless otherwise authorized by the City Manager or the City Manager’s designee in writing.
14. Amplified Sound
AGI agrees not to use amplified sound without the prior written authorization of the City
Manager or the City Manager’s designee. AGI agrees to abide by the provisions regulating
amplified sound as set forth in sections 12.16 (Parks and Open Space), and 17.53 (Noise),
of the MMC.
15. Flammable Material, Waste, and Nuisances
AGI agrees that it will not place or store any flammable materials on the Premises, that it
will not commit any waste or damage, nor suffer any to be done. AGI also specifically
agrees that it will not allow others to take such actions on the Premises. AGI further agrees
that it will keep the Premises clean, free from weeds, rubbish, and debris and in a condition
satisfactory to City.
AGI shall also provide adequate controls for dust, odors, and noise which may emanate
from the Premises or from AGI's activities on adjacent property and take appropriate steps
necessary to prevent dust contamination of City's facilities located on, near or adjacent to
the Premises. AGI agrees to take preventative action to eliminate such dust, odor, noise,
or any other nuisance which may disturb the adjacent or nearby community and agrees to
be responsible for and to assume all liability for such dust, odor, noise, or other nuisance
disturbances. AGI also agrees that it shall not use amplified sound or field lighting on
Premises for any reason, without the prior written consent of the City Manager or the City
Manager’s designee.
112
16. Pesticides and Herbicides
AGI agrees that prior to any application of either pesti cides or herbicides, it shall receive
written consent from City, and further any pesticide or herbicide applications on the
Premises shall be made in accordance with all federal, state, county, and local laws. AGI
further agrees to dispose of any pesticides, herbicides, or any other toxic substances which
are declared to be either a health or environmental hazard in such a manner as prescribed
by law. This shall include, but shall not be limited to, contaminated containers, clothing,
equipment, or any other contaminated material.
17. Hazardous Materials Indemnity
AGI hereby agrees to indemnify and hold harmless City, and its respective officers,
employees, and agents, from and against any and all claims, actions, losses, liabilities,
costs and expenses: (a) including, without limitation, all foreseeable and all unforeseeable
consequential damages, directly or indirectly arising out of the use, generation, storage, or
disposal of Hazardous Material on the Premises by AGI; and (b) including, without
limitation, the cost of any required or necessary repair, cleanup, or detoxification and the
preparation of any closure or other required plans, to the full extent that such action is
attributable, directly or indirectly, to the presence, or use, generation, sto rage, release,
threatened release, or disposal of Hazardous Materials on the Premises by AGI. As used
in this Section, Hazardous Materials means any flammable explosives, radioactive
materials, asbestos, PCBs, hazardous water, toxic substances of related materials,
including, without limitation, substances, defined as "hazardous substances", "hazardous
materials", or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the
Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic
Substances Control Act, 15 USC, Section 2601, et seq.; any other federal, state, or local
law applicable to the Premises; and in the rules and regulations adopted or promulgated
under or pursuant to any of said laws. The provisions of this Section shall survive the
expiration or earlier termination of this Agreement.
18. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof, and
for the purpose of providing maintenance and making such repairs as City desires to make.
19. Governing Law
AGI agrees that in the exercise of its rights under this Agreement, AGI shall comply with all
applicable federal, state, county, and local laws and regulations in connection with its use
of the Premises, including but not limited to the ADA. The existence, validity, construction,
operation, and effect of this Agreement and all of its terms and provisions shall be
determined in accordance with the laws of the state of California.
113
20. Discrimination
AGI agrees not to discriminate against any person or class of persons by reason of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital statu s, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status of such person; or any
other basis protected by applicable federal, state, or local law in the use of the Premises.
21. Assignment and Subletting
AGI shall not assign this Agreement, or any interest therein, and shall not assign use of the
Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any
other person (the agents and servants of AGI excepted) to occupy or use the Premises, or
any portion thereof, without the prior written consent of the City Manager or the City
Manager’s designee. A consent to one assignment, subletting, occupation, or use by
another person shall not be deemed to be a consent to any subsequent assignment,
subletting, occupation, or use by another person. This Agreement shall not, nor shall any
interest therein, be assignable, as to the interest of AGI, by operation of law, without the
written consent of the City Manager or the City Manager’s designee. Any assignment or
subletting without such consent shall be void, and shall, at the option of the City, terminate
this Agreement. No legal title or interest in Premises is created or vested in AGI by this
Agreement.
22. Insolvency or Bankruptcy
If AGI shall be adjudged bankrupt or insolvent, this Agreement shall thereupon immediately
terminate and the same shall not be assignable by any process of law, or be treated as an
asset of the AGI under such adjudication, nor shall it pass under the control of any trustee
or assignee by virtue of any process in bankruptcy or insolvency, or by execution or
assignment for the benefit of creditors. If any such event occurs, this Agreement shall
immediately become null and void and of no effect, and City may thereupon repossess said
Premises and all rights of the AGI thereupon shall cease and terminate.
23. Default or Breach
Except as otherwise provided, at any time one party to this Agreement is in default or
breach in the performance of any of the terms and conditions of this Agreement, the other
party shall give written notice to remedy such default or breach. If default or breach is
remedied within thirty (30) days following such notice, then this Agreement shall continue in
full force and effect. If such default or breach is not remedied within thirty (30) days
following such notice or if the nature of the default is such that it cannot reasonably be
cured within thirty (30) days, if AGI fails to commence to cure within the thirty (30) day
period, the other party may, at its option, terminate this Agreement. Such termination shall
not be considered a waiver of damages or other remedies available to either party because
of such default or breach. Each term and condition of this Agreement shall be deemed to
be both a covenant and a condition.
114
24. Interpretation
Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed
that this Agreement was prepared by the parties jointly a nd equally, and shall not be
interpreted against either party on the ground that the party prepared the Agreement or
caused it to be prepared.
25. Waiver
A waiver by either party or any default or breach by the other party in the performance of
any of the covenants, terms or conditions of this Agreement shall not constitute or be
deemed a waiver of any subsequent or other default or breach.
26. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
27. Condemnation
If the whole of the Premises should be taken by a public authority under the pow er of
eminent domain, then the term of this Agreement shall cease on the day of possession by
the public authority. If a part only of the Premises should be taken under eminent domain,
AGI shall have the right to either terminate this Agreement or to cont inue in possession of
the remainder of the Premises. If AGI remains in possession, all of the terms hereof shall
continue in effect, with the fees payable being reduced proportionately for the balance of
the Agreement term.
28. Remedies
In case of the failure or refusal of AGI to comply with and perform each and all of the terms
and covenants on its part herein contained, this Agreement and all rights hereby given
shall, at the option of City, cease and terminate, and City shall have the right forthwith to
remove AGI's personal property from the Premises at the sole cost, expense and risk of
AGI, which cost and expense AGI agrees to pay to City upon demand, together with
interest thereon at the maximum rate allowed by law, and use fees due to date from the
date of expenditure by City.
29. Attorney Fees
In case City shall bring suit to compel performance of or to recover for breach of any
covenant, agreement, or condition herein contained and such suit results in a judgment for
City, AGI will pay to City attorney fees in addition to the amount of judgment.
115
30. Notices and Payments
All notices required under this Agreement including change of address shall be in writing,
and all notices and payments shall be made as follows:
All payments and notices to AGI shall be given or mailed to AGI at the address listed below
and addressed to the current AGI Regional Commissioner. It is the responsibility of AGI to
notify City when there has been a change with regard to the individual serving as Regional
Commissioner and to provide the City with name, address, and 24-hour contact phone
number of the new Commissioner.
Achieve Goals, Inc.
Mark Noorzai
4215 Tierra Rejada Road #101
Moorpark, CA 93021
All notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
31. 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 pro visions
hereof shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
32. Gender and Number
For the purpose of this Agreement wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall include the
plural and the plural number shall include the singular, wherever the context so requires.
33. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to be
used in interpreting or construing the terms, covenants, and conditions of this Agreement.
34. 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.
116
35. Venue
This Agreement is made, entered into, executed in Ventura County, California, and any
action filed in any court for arbitration for the interpretation, enforcement or other action of
the terms, conditions or covenants referred to herein shall be filed in the applicable court in
Ventura County, California.
36. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous negotiations and understandings between the parties. There are no
representations, warranties, or commitments, oral or written, other than those expressly set
forth herein.
37. Authority to Execute Agreement
The person executing this Agreement on behalf of AGI warrants and represents that he/she
has the authority to execute this Agreement on AGI’s behalf and has the authority to bind
AGI to the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK ACHIEVE GOALS, INC.
_______________________________ _______________________________
Troy Brown Mark Noorzai
City Manager President
Attest:
_________________________________
Maureen BensonKy Spangler
City Clerk
Attachments: A: Premises
B: Insurance Requirements
117
Attachment A
Premises
Arroyo Vista Community Park
Tournaments:
Up to ten (10) athletic fields and four (4) ball
field outfields
Fall Season:
One (1) athletic field for games on Sunday
Spring Season and All Other Use:
One (1) athletic field
Miller Park
One (1) athletic field for practices Monday
through Friday during the fall season
118
Attachment B
Insurance Requirements
AGI shall secure, pay for, and maintain in full force and effect for the duration of this Agreement a
policy of comprehensive insurance as detailed below from a good and responsible company or
companies authorized to do insurance business in the State of California, with a Best Ra ting / FPR
of no less than A-. Policies shall bear an endorsement or shall have attached a rider whereby it is
provided that, in the event of amendment or cancellation of such policy for any reason whatsoever,
City shall be notified by registered mail, postage prepaid, return receipt requested, not less than
thirty (30) days before the amendment or cancellation is effective. AGI shall furnish a Certificate of
Liability Insurance and Insurance Endorsement, subject to the City’s acceptance, to the City prior to
execution of this Agreement. AGI agrees to have its insurer endorse, to the satisfaction of the City,
the third partythird-party general liability coverage required herein to include as additional insureds
the City of Moorpark and its officials, employees, and agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached
thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to AGI or City.
B. Provide a minimum of $1,000,000.00 per occurrence with a minimum of $2,000,000
aggregate commercial general liability coverage.
C. AGI’s policy shall be considered primary insurance with respect to any other valid and
collectible insurance the City may possess, including any self -insured retention the City may
have, and any other insurance the City does possess shall be considered excess and shall not
contribute to it.
2. AUTO INSURANCE
If AGI’s employees, volunteers, and contractors will use personal autos in any way during the
performance of this Agreement, AGI shall ensure the employees, volunteers, and contractors
maintain automobile insurance that meet, at minimum, current statutory requirements and provide
proof of this insurance to the City, if requested.
3. WORKERS’ COMPENSATION INSURANCE
Workers’ Compensation Insurance, on a state-approved policy form providing statutory benefits as
required by law. AGI shall furnish a Certificate of Insurance to the City within thirty (30) days of
execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrence
basis.
119
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
AMERICAN YOUTH SOCCER ORGANIZATION REGION 363
FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
202118, between the CITY OF MOORPARK, a municipal corporation located in the County
of Ventura, State of California, hereinafter referred to as "City" and AMERICAN YOUTH
SOCCER ORGANIZATION REGION 363, a nonprofit organization, hereinafter referred to
as "AYSO".
W I T N E S S E T H:
WHEREAS, youth sports programs are a valuable asset to the Moorpark community;
and
WHEREAS, AYSO provides soccer programs for the youth of the Moorpark
community; and
WHEREAS, AYSO desires to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation of facility
use agreements for Moorpark nonprofit youth sports organizations in order to provide
special conditions, priority use, and reduced use fees to the youth sports organizations.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises contained herein, the parties hereto agree as follows:
1.Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to AYSO, and AYSO hereby accepts fr om
City, the use of certain real property and associated facilities and equipment at Arroyo Vista
Community Park, hereinafter “AVCP”, as described below and in Attachment A, hereinafter
referred to as the "Premises" for the following use periods:
A.During the fall season, up to eight (8) athletic fields for practices Monday through
Friday, up to ten (10) athletic fields for games on Saturday, and up to four (4)
athletic fields on Sunday. The fall season shall begin no earlier than August 1 and
conclude no later than December 31.
Actual fields allocated may be less than described above, and shall be governed by
the “Moorpark Parks and Recreation Master Plan” standard field allocations for
games. Said allocations for soccer shall be one (1) field per twelve (12) teams. One
(1) City athletic field shall be counted as one (1) to four (4) league fields, dependent
on the size of the field required for the age group. Fields allocated shall not exceed
the following ratio:
ATTACHMENT 2
120
One (1) City athletic field for every forty-eight (48) teams in U8 Division and under.
One (1) City athletic field for every twenty-four (24) teams in U9 and U10 Divisions.
One (1) City athletic field for every twelve (12) teams in U11 Division and over.
The fields assigned to AYSO shall be at City’s sole discretion, anddiscretion and
shall exclude use of athletic fields #4 and #5, Monday through Friday during the fall
season. At City’s sole discretion, other fields, including ball field outfields, open
grass areas, or athletic fields at other City parks, may be temporarily assigned to
AYSO if all, or a portion of, allocated athletic fields at AVCP are not available due to
closure for maintenance or, use by City for its own programs, or any other reason as
deemed appropriate by the City Manager or his/her designated representative.
B. For up to three (3) tournaments per calendar year, up to ten (10) athletic fields and
four (4) ball field outfields. Each tournament may not exceed two (2) weekends or
four (4) total days. Weekends for each tournament must be consecutive, unless
facilities are not available due to City use, holidays, maintenance, or other rental
use. Tournament use is subject to availability of fields, andfields and may not
interfere with Moorpark Girls Softball or Moorpark Packers dba Moorpark
Musketeers Youth Football use of Premises as identified in their respective
Agreements.
C. During the spring season and other use periods including but not limited to training
clinics, camps, and advanced, specialized, or year-round team practices not
associated with a specific season, up to four (4) athletic fields. The spring season
shall begin no earlier than March 1 and conclude no later than May 31.
Actual fields allocated may be less than described above, and shall be governed by
the “Moorpark Parks and Recreation Master Plan” standard field allocations for
games. Said allocations for soccer shall be one (1) field per twelve (12) teams. One
(1) City athletic field shall be counted as one (1) to four (4) league fields, dependent
on the size of the field required for the age group. Fields allocated shall not exceed
the following ratio:
One (1) City athletic field for every forty-eight (48) teams in U8 Division and under.
One (1) City athletic field for every twenty-four (24) teams in U9 and U10 Divisions.
One (1) City athletic field for every twelve (12) teams in U11 Division and over.
The fields assigned to AYSO shall be at City’s sole discretion, anddiscretion and shall
not interfere with Moorpark Girls Softball’s use of the ball fields at AVCP during the
spring season (February 1 through June 30). At City’s sole discretion, other fields,
including ball field outfields, open grass areas, or athletic fields at other City parks, may
be temporarily assigned to AYSO if all, or a portion of, allocated athletic fields at AVCP
are not available due to closure for maintenance or, use by City for its own programs, or
any other reason deemed appropriate by the City Manager or his/her designated
representative.
121
D. Storage room adjacent to the Snack Bar located south of parking lot D. Storage room is
approximately 460 square feet of storage space located on the north side of the storage
building, bounded by a chain link fence on the south side of the storage area. Storage
room or area may be moved or modified with thirty (30) days written notice from City.
E. Outside storage area adjacent to Parking Lot D for storage of four (4) portable light
towers. Storage room or area may be moved or modified with fifteenthirty (3015)
calendar days written notice from City.
F. The Snack Bar facility located south of parking lot D.
For use of City facilities beyond or other than described above, AYSO agrees to obtain a
Rental Permit and pay rental fees as described in the current Park Rental Rules and Park
Rental Fees Resolutions.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 202118,
and ending on June 30, 20212024, provided, however, that City's obligations hereunder
shall be contingent upon AYSO's payment in full of all use and related fees and fulfillment
of all obligations as set forth in this Agreement.
This Agreement may be terminated by either party with or without cause by providing
written notice no less than thirty (30) days in advance of such termination.
3. Use Fees
AYSO agrees to pay the City Use Fees for the Premises as follows:
A. Hourly use fees for fields as described in Sections 1.A., 1.B., and 1.C. of this
Agreement:
$8.75/hour for athletic fields
$6.00/hour for softball/baseball fields or open grass areas
B. Snack Bar fees: One thousand dollars ($1,000.00) annually for use of the Snack
Bar.
C. Non-resident Fee: Single Family Equivalent park assessment per family, for children
registered in the league who reside outside of Moorpark city limits. The fee shall be
paid once per fiscal year per family. In the event a child, or his/her sibling(s),
participate in two or more youth sports organizations with approved facility use
agreements, the non-resident fee shall be equally divided among said youth sports
organizations.
AYSO shall submit a registration roster, including names of non-resident
participants, street names and zip codes of all participants (both resident and non-
resident), registered in the program within five (5) business days of the close of
registration for each use period for the purpose of verifying, assessing, and tracking
122
non-resident fees and ensuring compliance with minimum participant and residency
requirements. Rosters shall be submitted via email to the Recreation Division
manager in Excel workbook format.
City shall calculate non-resident fees due no later than May 30 of each year. AYSO
shall be notified in writing of non-resident fees due no later than June 1. Non-
resident fees must be paid in full no later than June 25.
D.C. Staff Fees: Staff fees as described in the current City Council Staff Billing
Rates Resolution, as may be amended from time to time, for the following:
1. Monitoring of and maintenance during tournaments. Staff fees shall be paid for
the duration of the tournament.
2. Monitoring of and maintenance during game days when six (6) or more fields
(athletic and/or ball fields) are rented concurrently. At City’s sole discretion, this fee
may be waived when AYSO provides its own personnel to adequately provide
custodial services for the Premises. In the event this fee is waived and AYSO
personnel do not adequately clean and maintain Premises, AYSO agrees to pay
staff fees for City staff time spent cleaning and maintaining the Premises, rounded
up to the hour.
Fees for use of the Premises must be paid in accordance with the following schedule.
Failure to pay fees when due will result in the denial or cancelation of the Rental Permit for
use under the Agreement:
A. $100 due at time of submission of Reservation Request.
B. 50% payment due within five (5) business days of issuance of the approved Rental
Permit for seasonal use, full payment due within five (5) business days of issuance
of the approved Rental Permit for tournaments or other use.
C. Balance of payment due within ten (10) business days of start of season for
seasonal use.
The City may adjust the Use Fees, referenced in this section on or before the beginning of
the new fiscal year, commencing on July 1 and ending June 30, by giving AYSO written
notice by April 1.
Fees other than those specifically described above shall be charged and payable as
defined in the Park Rental Fees Resolution. This includes, but is not limited to, permit
application fees, change fees, vendor fees, security deposits, cancellation fees, refund
processing fees, and fees for use of City facilities other than Premises.
4. Refunds or Credits for Use Fees
Use Fees paid may be refunded or credited in accordance with the terms and conditions
established in the current Rules and Regulations Governing City Facility Rentals and
Rental Fees, Deposits, and Additional Charges for City Facility Rentals resolutions. under
123
the following conditions:
A. The Premises are unusable due to inclement weather (temperatures below 45°F or
above 95°F, active precipitation, winds in excess of thirty (30) miles-per-hour, or
heavy fog), or conditions exist (as determined by the City Manager or the City
Manager’s designee) which make the Premises unusable, such as water saturated
fields. AYSO may also reschedule the canceled date, within the time frames and
maximum use allowed by this Agreement.
B. A request for cancellation for a date or dates reserved and paid for under the
Agreement is received thirty (30) calendar days or more in advance of the
scheduled date or dates.
For requests for cancellations received between twenty-nine (29) and five (5) calendar days
prior to the scheduled date, AYSO may reschedule the canceled date, within the time
frames and maximum use allowed by this Agreement.
No refunds or credits will be issued for requests for cancellations received less than five (5)
calendar days in advance, and the canceled date or dates may not be rescheduled.
5. Use
The Premises shall be used for AYSO’s authorized games, practices, and training
sessions. The Premises shall be used as specified in this Agreement only, andonly and
shall not be used for any other purpose without the prior written consent of the City
Manager or the City Manager’s designee. Subletting of premises is not allowed.
A schedule of times and days requested for use of Premises (Reservation Request) shall
be furnished to the Parks and Recreation Director (PR Director) or the PR Director’s
designee for the City’s approval as follows:
A. Fall season: On or before July 15. Fields not requested for reservation by AYSO for
the fall season by this date will be available to the public and AYSO will not have
priority use of them.
B. Spring season: On or before February 15. Fields not requested for reservation by
AYSO for the spring season by this date will be available to the public and AYSO
will not have priority use of them.
C. Tournaments: At least sixty (60) calendar days prior to the first day of tournament
play.
D. All other use: At least thirty (30) calendar days prior to the start of the use period.
The Reservation Request must be provided on the “Park Facility Reservation Application
Youth Sports Organizations” form for seasonal use, and on the “Tournament Reservation
Application” form for tournaments. A separate Reservation Request must be submitted for
each use period (including fall season, spring season, all-stars, tournaments, training
124
clinics, camps, and other use periods.)
Reservation Requests not submitted by the above stated deadlines, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation Requests submitted after the above stated deadlines will forfeit priority use
over other renters, will not be eligible for the reduced hourly field Use Fees as described in
3.A. of this Agreement, and will be processed and fees charged in accordance with the
Park Rental Rules and Park Rental Fees Resolutions.
The City shall provide AYSO with an approved Rental Permit based on each Reservation
Request detailing the dates and times AYSO is authorized to use Premises. Requested
changes to the approved Rental Permit must be submitted to City in writing. All requested
changes must be approved by City.
The approved Rental Permit may contain additional conditions or special requirements.
These may include but are not limited to the requirement of portable toilets and trash and
recycle dumpsters for tournaments, permission for overnight security for tournaments, and
vendor requirements. AYSO shall abide by all cond itions and requirements on the
approved Rental Permit.
AYSO may be required to provide practice and/or game schedules to demonstrate that all
reserved fields are being utilized. If any reserved field is not utilized by AYSO a total of
three times during a season or reserved period of use, the field(s) reservations may be
cancelled and removed from the reservation permit. AYSO will be notified by City staff
when it has been determined that one or more fields are not being used, and prior to
cancellation of the field reservation.
At all times, City retains the right to use Premises for City sponsored and co-sponsored
events upon no less than thirty (30) calendar days written notice to AYSO.
The general public shall have access to and use of Premises at times not included in the
approved Rental Permit. AYSO shall not have use of Premises outside of the approved
Rental Permit.
6. General Conditions
A. In order to retain rights under this Agreement, AYSO shall maintain status as a 501
(c) (3) nonprofit corporation with a region located within the City of Moorpark. AYSO
agrees to provide City with proof of nonprofit status and a certified accounting of its
financial status each year.
The annual financial accounting shall include: 1) a budget summary of actual
revenue and expenditures from AYSO’s prior fiscal year; 2) a budget summary of
estimated revenue and expenditures for AYSO’s current fiscal year; and 3) a bank
statement or account summary to verify information provided in budgets. The
financial accounting and proof on nonprofit status shall be submitted with the “Youth
Sports Organization Information Sheet” on or before January 15 of each year.
125
B. In order to retain rights under this Agreement, AYSO must register and maintain a
minimum of seventy-five (75) players. Additionally, a minimum of seventy-five
percent (75%) of participants must reside within Moorpark city limits. AYSO shall
provide City with registration rosters as described in 3.C. of this Agreement.
C. AYSO shall submit annually to the City a completed “Youth Sports Organization
Information Sheet,” the form of which shall be as provided by the City. The
information sheet for each calendar year shall be submitted no later than January
15.
D. AYSO shall submit to City a Certificate of Authorized Signatories, with names and
signatures of those authorized to sign documents on behalf of AYSO. A new form
shall be submitted any time the list of authorized signatories changes.
E. AYSO agrees to obtain a Rental Permit and pay rental fees as required by section
12.16.160 of the Moorpark Municipal Code (MMC) for all use of City facilities not
included in the “Premises” and “Use” sections of this Agreement. AYSO further
agrees to notify all coaches and participants of the City’s rules and regulations
governing City park rentals, andrentals and shall prohibit any coach or participant
from interfering with a permitted park rental.
7. Wet Field Policy
AYSO agrees to abide by the terms of the Wet Field Policy, as described in the Rules and
Regulations Governing City Park Rentals Resolution, as may be amended from time to
time, to preserve the quality and life of the fields and promote a safe playing environment.
The Wet Field Policy applies to conditions due to precipitation, over -watering, irrigation
system problems, or other circumstances that may result in wet fields. When fields are
sufficiently wet such that their use may lead to turf damage or bodily injury, they will be
closed to all use at the City Manager’s or the City Manager’s designee’s sole discretion.
Fields are closed under the following conditions:
A. Rain (with the exception of light drizzle if the ground is relatively hard and dry prior
to the start of the drizzle.)
B. Standing water/ponding or mud is present.
C. Water gathers around the sole of a shoe.
D. Footprints leave an impression in the turf.
E. Other conditions deemed unsuitable for recreational activities as determined by the
City Manager or the City Manager’s designee.
8. Snack Bars and Storage Rooms
A. The sale and consumption of food and beverages shall be at the discretion of AYSO
with the exception that no alcoholic beverages shall be sold or consumed on
126
Premises.
B. AYSO shall be provided with no more than eight (8) keys to the Snack Bars and
storage rooms prior to the start of the season and shall be responsible for securing said
keys. Said keys shall not be duplicated. Upon vacating the Snack Bars or storage
rooms, AYSO shall return the keys to City. AYSO shall return the keys to City within
fifteen (15) days of vacating use at the end of the season or when Agreement is
terminated. In the event any key(s) assigned to AYSO are lost or stolen, AYSO agrees
to reimburse City for all costs, including a fifteen percent (15%) administrative fee,
associated with re-keying facilities and issuing replacement keys.
C. AYSO shall obtain all required health and other permits for the operation of the
Snack Bars and preparation and sale of food and beverages. AYSO shall notify City
in writing of any notice of correction or closure received from the Ventura County
Environmental Health Division within forty-eight (48) hours of receiving such notice
and when corrections are made.
D. AYSO agrees to clean Snack Bars including counters, sinks, floors, and walls after
each use, and to remove and dispose of all trash and recycling in and around
Snack Bars to trash and recycle bins provided by City. The Snack Bar shall be
cleaned and sanitized thoroughly at the end of each day that the facility is used, to
the satisfaction of the City. Any required repair to equipment, appliances, fixtures,
or any damage to the facility or any graffiti observed shall be immediately reported
to the City. AYSO shall supply all cleaners and supplies. All cleaning products used
must be approved by City. Daily cleaning includes the interior and exterior of the
Snack Bar facility, including, but not limited to the following:
1. Pick up and disposal of litter in and around facility within a 100’ radius.
2. Empty trash receptacles within a 100’ radius and replace liner(s) with 1.5 mill
or better, provided by AYSO.
3. Sweep and wet mop the entire floor surface using an approved d etergent
disinfectant. Dry the floor with a dry mop.
4. Clean walls and ceiling with an approved disinfectant detergent, including tile
and grout.
5. Clean sinks and counter tops with an approved disinfectant detergent.
6. Clean and sanitize the interior and exterior of all surfaces and appliances,
including stoves, microwaves, coffee makers, and refrigerators.
7. Clean the interior and exterior of all partition wind ows.
E. AYSO shall not begin storage of its property in the Snack Bars until the first day of
each season. AYSO agrees to remove its property from the Snack Bars within one
(1) week after the last game of each season. City accepts no liability for AYSO
property stored on Premises.
F. AYSO shall use the storage room to store maintenance and game equipment and
food and drink supplies only. AYSO may store maintenance and game equipment in
127
the storage room year roundyear-round. No more than five (5) gallons of gasoline or
propane may be stored in the storage room. AYSO shall clean the storage room on
a regular basis, and keep it free of dirt, dust, and debris. AYSO 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.
G. AYSO may use the outside storage area to store up to four (4) portable light towers.
Light towers may not be fueled on Premises, and fuel may not be stored on
Premises, except as described in Section 8 F. Use of light towers shall be included
on the approved Rental Permit for each date of use. Light towers shall be stored in
the storage area each night no later than 10:00 p.m.
H. AYSO agrees to immediately (within 24 hours) report to City any damage or
vandalism to the Snack Bars or storage rooms.
9. Signs
AYSO agrees not to permit the construction or placement of any sign, signboard, or other
form of outdoor advertising on the Premises without the prior written consent of the City
Manager or the City Manager’s designee. In the event of a violation of this provision by
AYSO or any oneanyone claiming under AYSO, AYSO hereby authorizes City as AYSO's
Agent, 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 AYSO who agrees to
pay the same upon demand.
This provision does not prohibit 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.
AYSO further agrees to abide by the City’s Sign Ordinance regarding the placement of
signs at any location other than Premises.
10. Vendors
Vendors are not permitted without the prior written authorization of the City Manager or the
City Manager’s designee. Vendors are subject to the following conditions:
A. Vendors must complete the City’s vendor application form.
B. Vendors must be self-contained.
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the Americans with Disabilities Act (ADA).
Vendors must have a current Moorpark business registration permit as required by
MMC 5.08 (Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
128
AYSO must pay to the City vendor fees as described in the current Park Rental Fees
resolution.
11. Indemnification and Hold Harmless
AYSO hereby agrees to hold harmless and indemnify City, its officials, agents, and
employees, and its successors and assigns, fro m and against all claims, loss, damage,
actions, causes of actions, expense (including costs of fees and expenses for legal
services), and/or liability arising or growing out of loss or damage or destruction to property,
including City's own personal property, or injury to or death of persons, including
employees of City, resulting in any manner whatsoever directly or indirectly, by reason of
this Agreement or the use of City facilities by AYSO or any person claiming use under or
through AYSO unless such loss, damage, injury, or death is due to the sole negligence of
the City. AYSO shall also hold the City harmless from all costs and expenses, including
costs of investigation arising out of or incurred in the defense of any claim, proceeding, or
action brought for injury to persons or damage to property, resulting from or associated with
the use of City facilities under this Agreement and shall further save and hold harmless the
City from any and all orders, judgments, and decrees which may be entered in any and all
such suit or actions. AYSO and all others using said facilities under this Agreement hereby
waive any and all claims against the City of damage to persons or property in, or about City
facilities.
The City does not, and shall not, waive any rights that it may have against AYSO by reason
of this Section, because of the acceptance by the City, or the deposit with the City, of any
insurance policy or certificate required pursuant to this Agreement. Said hold harmless and
indemnification provision shall apply regardless of whether or not said insurance policies
are determined to be applicable to the claim, demand, damage, liability, loss, cost or
expense described in this Section. The provisions of this Section shall survive the
expiration or termination of this Agreement. The provisions of this Section shall apply to all
use of City facilities by AYSO pursuant to this Agreement. Failure of City to monitor
compliance with requirement set forth in this Agreement imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
12. Liability Insurance
AYSO shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Attachment “B” attached hereto and incorporated herein
by this reference as though set forth in full. Coverage shall apply to all use of City facilities
by AYSO pursuant to this Agreement.
13. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be
done at City’s sole discretion and shall be performed by City force account or by City’s
authorized agent unless approved by the City Manager or the City Manager’s designee in
writing. All maintenance authorized to be performed by AYSO sh all adhere to City
specifications and standards.
129
A. During use under this Agreement, AYSO shall be responsible to perform the
following maintenance on Premises at AYSO’s sole cost and expense:
1. Mark soccer field lines using only an approved water-based acrylic paint,
manufactured specifically for marking lines on sports turf and athletic fields.
Athletic field paint may not contain calcium carbonate, vinyl copolymers,
herbicides (including growth inhibitors), or pesticides.
2. Maintain, install, secure, and properly anchor soccer goals in a manner and
location as approved in writing by the City Manager or the City Manager’s
designee. Nets and goals shall be free from defects, and in good working
condition. Nets and goals shall be maintained, repaired, and/or replaced as
needed at AYSO’s sole cost and expense. Nets or goals in need of repair
shall be removed from play, locked, and secured until repaired. Prior to use,
goals shall be properly anchored to the ground with mounting hardware
supplied or approved by the goal manufacturer. AYSO shall attempt to vary
the placement of the goals periodically to maintain the integrity of the turf and
shall consult with City to identify mutually agreeable locations prior to
installation (field layout approval). Goals shall be secured and stored at a
location on Premises mutually agreed upon in writing by AYSO and City
when not in active use for games or practices. Goals and nets may be placed
the night before for morning games or practices beginning earlier than 11:00
a.m. Goals may be placed no earlier than two hou rs prior to the start of a
game or practice for games or practices starting at 11:00 a.m. or later. Goals
must be stored no later than two hours after the conclusion of a game or
practice.
3. Pick up trash and recycle materials on and within 100’ around Premises and
provide for additional trash containers as needed. Trash and recycling
containers shall be emptied when they are no more than seventy-five percent
(75%) full, with trash and recycle materials placed in the appropriate trash or
recycle container bin. Additionally, recycle material shall be removed from
the liner and placed in the appropriate recycling bin. All recycle and trash
receptacles shall be installed with trash liners. Liners shall be supplied by
AYSO. Trash liners shall be black in color and 1.5 mill or better, and recycle
liners shall be clear, unless otherwise approved by the City. This requirement
shall be waived during times that AYSO has paid for and the City has
scheduled staff to perform custodial duties specifically for AYSO’s use of
Premises.
4. Remove graffiti from goals within seventy-two (72) hours of notification to do
so. All cleaning products used must be approved by City. If AYSO fails to
remove graffiti as described in this section, AYSO authorizes City to remove
graffiti and to charge the cost and expense of such removal to AYSO, who
agrees to pay the same upon demand.
B. City shall be responsible to perform the following:
130
1. Irrigate, mow, fertilize, and aerate at City’s expense turf areas within Premises.
2. Perform routine maintenance for normal wear and tear, and arrange for and
schedule pest control services for, in, and around the Snack Bars.
C. City shall not be obligated to repair, replace or maintain the Premises in any manner
throughout the term of this Agreement. City shall not be obligated to perform any
precautionary or preventative measures with respect to the Premises, including, but
not limited to drainage and flood control measures. Should City perform any of the
foregoing, such services shall be at the sole discretion of City, and the performance
of such services shall not be construed as an obligation or warranty by City of the
future or ongoing performance of such services. City shall determine maintenance
specifications.
D. City agrees to allow AYSO to access the field portion of Premises with no more than
four (4) vehicles for the specific purpose of setting up and taking down equipment
only. Vehicles shall not exceed a gross vehicle weight (GVW) of 5,400 pounds and
may only include golf carts, utility vehicles (“Gators”), or all-terrain vehicles (ATVs).
Vehicles must be equipped with turf tires. AYSO agrees not to use vehicles on the
field whenever the ground is wet, for whatever reason, without obtaining the City
Manager’s or the City Manager’s designee’s written approval. AYSO further agrees
that only licensed drivers age eighteen (18) or older may drive said vehicles. AYSO
agrees to immediately report to City any damage to Premises caused by use of
vehicles on Premises. AYSO further agrees to repair any damage caused by
AYSO’s use of vehicles at AYSO’s sole cost and expense to the satisfaction of the
City. Except as described above, use of any other vehicle on a ny area other than
roadways and parking lots requires the advance written approval of City.
E. City agrees to allow AYSO to place up to four (4) portable lights on Premises for
evening lighting during the fall season and tournaments only. Lights may be turned
on up to thirty (30) minutes prior to sunset and must be turned off no later than
10:00 p.m. Use of portable lights must be included on the Reservation Request and
approved by City. City must approve the placement of lights on Premises. No less
than five (5) calendar days prior to the use of portable lights, AYSO must submit to
City a diagram of light placement for approval. Lights must be stored each night as
described in 8.G. of this Agreement.
14. Improvements
AYSO shall not make any alterations, a dditions, or improvements upon the Premises
without the prior written consent of the City Manager or the City Manager’s designee.
Requests to make alterations, additions, or improvements must be submitted to the City in
writing no less than fifteen (15) business days prior to the desired start date for work.
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
131
maintained at AYSO’s sole cost and expense in strict accord with all federal, state, county,
and local laws, ordinances, codes, and standards relating thereto, including ADA
requirements. Performance of work shall be subject to City monitoring and inspection. At
City’s sole discretion, work may be stopped if it does not conform to City specifications and
standards.
Unless otherwise expressly agreed to in writing by the City Manager or the City Manager’s
designee, any alterations, additions, and improvements shall remain on and be
surrendered with the Premises upon the expiration or termination of this Agreement. AYSO
shall timely pay all costs associated with any and all improvements, and shall keep the
Premises free and clear of all mechanics liens. AYSO agrees to and shall in demnify,
defend, and save City free and harmless against all liability, loss, damage, costs, attorney
fees and other expenses of any nature resulting from any AYSO alterations, additions, or
improvements to the Premises.
If AYSO discontinues use of Premises for a period of eighteen (18) consecutive months, all
improvements to Premises not already owned by City shall become the property of the City
unless otherwise authorized by the City Manager or the City Manager’s designee in writing.
15. Amplified Sound
AYSO agrees not to use amplified sound without the prior written authorization of the City
Manager or the City Manager’s designee. AYSO agrees to abide by the provisions
regulating amplified sound as set forth in sections 12.16 (Parks and Open Space), and
17.53 (Noise), of the MMC.
16. Flammable Material, Waste, and Nuisances
AYSO agrees that it will not place or store any flammable materials on the Premises except
as described in Section 8.F., that it will not commit any waste or damage, nor suffer any to
be done. AYSO also specifically agrees that it will not allow others to take such actions on
the Premises. AYSO further agrees that it will keep the Premises clean, free from weeds,
rubbish, and debris and in a condition satisfactory to City.
AYSO shall also provide adequate controls for dust, odors, and noise which may emanate
from the Premises or from AYSO's activities on adjacent property and take appropriate
steps necessary to prevent dust contamination of City's facilities located on, near or
adjacent to the Premises. AYSO agrees to take preventative action to eliminate such dust,
odor, noise, or any other nuisance which may disturb the adjacent or nearby community
and agrees to be responsible for and to assume all liability for such dust, odo r, noise, or
other nuisance disturbances. AYSO also agrees that it shall not use amplified sound or
field lighting on Premises for any reason, without the prior written consent of City Manager
or the City Manager’s designee.
17. Pesticides and Herbicides
AYSO agrees that prior to any application of either pesticide s or herbicides, it shall receive
132
written consent from the City Manager or the City Manager’s designee, and further any
pesticide or herbicide applications on the Premises shall be made in ac cordance with all
federal, state, county, and local laws. AYSO further agrees to dispose of any pesticides,
herbicides, or any other toxic substances which are declared to be either a health or
environmental hazard in such a manner as prescribed by law. This shall include, but shall
not be limited to, contaminated containers, clothing, equipment, or any other contaminated
material.
18. Hazardous Materials Indemnity
AYSO hereby agrees to indemnify and hold harmless City, and its respective officers,
employees, and agents, from and against any and all claims, actions , losses, liabilities,
costs and expenses: (a) including, without limitation, all foreseeable and all unforeseeable
consequential damages, directly or indirectly arising out of the use, generation, storage, or
disposal of Hazardous Material on the Premises by AYSO; and (b) including, without
limitation, the cost of any required or necessary repair, cleanup, or detoxification and the
preparation of any closure or other required plans, to the f ull extent that such action is
attributable, directly or indirectly, to the presence, or use, generation, storage, release,
threatened release, or disposal of Hazardous Materials on the Premises by AYSO. As
used in this Section, Hazardous Materials means any flammable explosives, radioactive
materials, asbestos, PCBs, hazardous water, toxic substances of related materials,
including, without limitation, substances, defined as "hazardous substances", "hazardous
materials", or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the
Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic
Substances Control Act, 15 USC, Section 2601, et seq.; any other federal, state, or local
law applicable to the Premises; and in the rules and regulations adopted or promulgated
under or pursuant to any of said laws. The provisions of this Section shall survive the
expiration or earlier termination of this Agreement.
19. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof,
and for the purpose of providing maintenance and making such repairs as City desires to
make.
20. Governing Law
AYSO agrees that in the exercise of its rights under this Agreement, AYSO shall comply
with all applicable federal, state, county, and local laws and regulations in connection with
its use of the Premises, including but not limited to the ADA. The existence, validity,
construction, operation, and effect of this Agreement and all of its term s and provisions
shall be determined in accordance with the laws of the state of California.
133
21. Discrimination
AYSO agrees not to discriminate against any person or class of persons by reason of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status of such person; or any
other basis protected by applicable federal, state, or local law in the use of the Premises.
22. Assignment and Subletting
AYSO shall not assign this Agreement, or any interest therein, and shall not assign use of the
Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other
person (the agents and servants of AYSO excepted) to occupy or use the Premises, or any
portion thereof, without the prior written consent of the City Manager or the City Manager’s
designee. A consent to one assignment, subletting, occupation, or use by another person shall
not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use
by another person. This Agreement shall not, nor shall any interest therein, be assignable, as to
the interest of AYSO, by operation of law, without the written consent of the City Manager or the
City Manager’s designee. Any assignment or subletting without such consent shall be void, and
shall, at the option of the City, terminate this Agreement. No legal title or interest in Premises is
created or vested in AYSO by this Agreement.
23. Insolvency or Bankruptcy
If AYSO shall be adjudged bankrupt or insolvent, this Agreement shall thereupon
immediately terminate and the same shall not be assignable by any process of law, or be
treated as an asset of the AYSO under such adjudication, nor shall it pass under the control
of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or by
execution or assignment for the benefit of creditors. If any such event occurs, this
Agreement shall immediately become null and void and of no effect, and City may
thereupon repossess said Premises and all rights of the AYSO thereupon shall cease and
terminate.
24. Default or Breach
Except as otherwise provided, at any time one party to this Agreement is in d efault or
breach in the performance of any of the terms and conditions of this Agreement, the other
party shall give written notice to remedy such de fault or breach. If default or breach is
remedied within thirty (30) days following such notice, then this Agreement shall continue in
full force and effect. If such default or breach is not remedied within thirty (30) days
following such notice or if the nature of the default is such that it cannot reasonably be
cured within thirty (30) days, if AYSO fails to commence to cure within the thirty (30) day
period, the other party may, at its option, terminate this Agreement. Such termination shall
not be considered a waiver of damages or other remedies available to either party because
of such default or breach. Each term and condition of this Agreement shall be deemed to
be both a covenant and a condition.
134
25. 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.
26. Waiver
A waiver by either party or any default or breach by the other party in the performance of
any of the covenants, terms or conditions of this Agreement shall not constitute or be
deemed a waiver of any subsequent or other default or breach.
27. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
28. Condemnation
If the whole of the Premises should be taken by a public authority under the power of
eminent domain, then the term of this Agreement shall cease on the day of possession by
the public authority. If a part only of the Premises should be taken under eminent domain,
AYSO shall have the right to either terminate this Agreement or to continue in possession
of the remainder of the Premises. If AYSO remains in possession, all of the terms hereof
shall continue in effect, with the fees payable being reduced proportionately for the balance
of the Agreement term.
29. Remedies
In case of the failure or refusal of AYSO to comply with and perform each and all of the
terms and covenants on its part herein contained, this Agreement and all rights hereby
given shall, at the option of City, cease and terminate, and City shall have the right forthwith
to remove AYSO's personal property from the Premises at the sole cost, expense and risk
of AYSO, which cost and expense AYSO agrees to pay to City upon demand, together with
interest thereon at the maximum rate allowed by law, and use fees due to date from the
date of expenditure by City.
30. Attorney Fees
In case City shall bring suit to compel performance of or to recov er for breach of any
covenant, agreement, or condition herein contained and such suit results in a judgment for
City, AYSO will pay to City attorney fees in addition to the amount of judgment.
135
31. Notices and Payments
All notices required under this Agreement including change of address shall be in writing,
and all notices and payments shall be made as follows:
All payments and notices to AYSO shall be given or mailed to AYSO at the address listed
below and addressed to the current AYSO Regional Commissioner. It is the responsibility
of AYSO to notify City when there has been a change with regard to the individual serving
as Regional Commissioner and to provide the City with name, address, and 24-hour
contact phone number of the new Commissioner.
AYSO Region 363
James BarrettJoe Bellomo
P.O. Box 241
Moorpark, CA 93021
All notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
32. 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.
33. Gender and Number
For the purpose of this Agreement wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall include the
plural and the plural number shall include the singular, wherever the context so requires.
34. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to be
used in interpreting or construing the terms, covenants, and conditions of this Agreement.
35. 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.
136
36. Venue
This Agreement is made, entered into, executed in Ventura County, California, and any
action filed in any court for arbitration for the interpretation, enforcement or other action of
the terms, conditions or covenants referred to herein shall be filed in the applicable court in
Ventura County, California.
37. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous negotiations and understandings between the parties. There are no
representations, warranties, or commitments, oral or written, other than those expressly set
forth herein.
38. Authority to Execute Agreement
The person executing this Agreement on behalf of AYSO warrants and represents that
he/she has the authority to execute this Agreement on AYSO’s behalf and has the authority
to bind AYSO to the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK AMERICAN YOUTH SOCCER
ORGANIZATION REGION 363
_______________________________ _______________________________
Troy Brown James BarrettJoe Bellomo
City Manager Regional Commissioner
Attest:
_________________________________
Ky SpanglerMaureen Benson
City Clerk
Attachments: A: Premises
B: Insurance Requirements
137
Attachment A
Premises
Arroyo Vista Community Park
FALL SEASON:
Up to 8 athletic fields for practices Monday through Friday (excluding athletic field #4)
Up to 10 athletic fields for games on Saturday and Sunday
Snack Bar & Storage Room
TOURNAMENTS:
Up to ten (10) athletic fields
Outfield portion only of ballfields 1, 2, 3, 4 (if available)
Snack Bar & Storage Room
ALL OTHER USE:
Up to four (4) athletic fields
Snack Bar & Storage Room
138
Attachment B
Insurance Requirements
AYSO shall secure, pay for, and maintain in full force and effect for the duration of this Agreement
a policy of comprehensive insurance as detailed below from a good and responsible company or
companies authorized to do insurance business in the State of California, with a Best Rating / FPR
of no less than A-. Policies shall bear an endorsement or shall have attached a rider whereby it is
provided that, in the event of amendment or cancellation of such policy for any reason whatsoever,
City shall be notified by registered mail, postage prepaid, return receipt requested, not less than
thirty (30) days before the amendment or cancellation is effective. AYSO shall furnish a Certificate
of Liability Insurance and Insurance Endorsement, subject to the City’s acceptance, to the City
prior to execution of this Agreement. AYSO agrees to have its insurer endorse, to the satisfaction
of the City, the third partythird-party general liability coverage required herein to include as
additional insureds the City of Moorpark and its officials, employees, and agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached
thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to AYSO or
City.
B. Provide a minimum of $1,000,000.00 per occurrence with a minimum of $2,000,000
aggregate commercial general liability coverage.
C. AYSO’s policy shall be considered primary insurance with respect to any other va lid and
collectible insurance the City may possess, including any self-insured retention the City may
have, and any other insurance the City does possess shall be considered excess and shall not
contribute to it.
2. AUTO INSURANCE
Business Auto Coverage, on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any
Auto), or the exact equivalent. Limits are subject to review, but in no event to be less than
$1,000,000.00 per accident. If AYSO owns no vehicles, this requirement may be satisfied by a
non-owned auto endorsement to the general liability policy described above. If AYSO or AYSO’s
employees, participants, associates, or volunteers will use personal autos in any way during the
performance of this Agreement, AYSO shall provide evidence of personal auto liability for each
such person.
3. WORKERS’ COMPENSATION INSURANCE
Workers’ Compensation Insurance, on a state-approved policy form providing statutory benefits as
required by law. AYSO shall furnish a Certificate of Insurance to the City within thirty (30) days of
execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrence
basis.
139
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK GIRLS SOFTBALL FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
20182021, between the CITY OF MOORPARK, a municipal corporation located in the
County of Ventura, State of California, hereinafter referred to as "City" and MOORPARK
GIRLS SOFTBALL, a nonprofit organization, hereinafter referred to as "MGS".
W I T N E S S E T H:
WHEREAS, youth sports programs are a valuable asset to the Moorpark community;
and
WHEREAS, MGS provides softball programs for the youth of the Moorpark
community; and
WHEREAS, MGS desires to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation of facility
use agreements for Moorpark nonprofit youth sports organizations in order to provide
special conditions, priority use, and reduced use fees to the youth sports organizations.
NOW, THEREFORE, in consideration of the mutual covenants, benefits , and
premises contained herein, the parties hereto agree as follows:
1.Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to MGS, and MGS hereby accepts from City,
the use of certain real property and associated facilities and equipment at Arroyo Vista
Community Park, hereinafter “AVCP”, and Mountain Meadows Park, hereinafter “MMP,” as
described below and in Attachment "A" attached hereto and by this reference incorporated
herein, together with any and all improvements thereon, all of which are hereinafter referred
to as the "Premises" for the following use periods:
A.During the spring season, softball fields 1, 2, 3, and 4 at AVCP. The spring season
shall start no earlier than February 1 and end no later than June 30.
Actual fields allocated may be less than described above, and shall be governed by
the “Moorpark Parks and Recreation Master Plan” standard field allocations for
games. Said allocations for softball will be one (1) field per eight (8) teams, as
specified below:
One (1) softball field for every eight (8) teams in U10 Division and under.
One (1) softball field for every eight (8) teams in U12 Division.
One (1) softball field for every eight (8) teams in U14 Division and over.
ATTACHMENT 3
140
At City’s sole discretion, other fields may be temporarily assigned to MGS if all, or a
portion of, fields listed above are not available due to closure for maintenance or,
use by City for its own programs, or any other reason as deemed appropriate by the
City Manager or his/her designated representative.
B. During the fall season and other use periods including but not limited to training
clinics, camps, and advanced, specialized, or year-round team practices not
associated with a specific season, softball fields 1 and 2 at AVCP. Softball fields 3
and 4 and AVCP may also be used if such use does not interfere with AYSO’s use
of Premises as described in their Agreement. The fall season may begin no earlier
than August 1 and may conclude no later than November 30.
Actual fields allocated may be less than described above, and shall be governed by
the “Moorpark Parks and Recreation Master Plan” standard field allocations for
games. Said allocations for softball will be one (1) field per eight (8) teams, as
specified below:
One (1) softball field for every eight (8) teams in U10 Division and under.
One (1) softball field for every eight (8) teams in U12 Division.
One (1) softball field for every eight (8) teams in U14 Division and over.
At City’s sole discretion, other fields may be temporarily assigned to MGS if all, or a
portion of, fields listed above are not available due to closure for maintenance, or
use by City for its own programs, or any other reason as deemed appropriate by the
City Manager or his/her designated representative.
C. For up to three (3) tournaments, softball fields 1, 2, 3, and 4 at AVCP and softball
fields 1 and 2 at MMP. Each tournament may not exceed two (2) weekends or four
(4) total days. Weekends for each tournament must be consecutive, unless facilities
are not available due to City use, maintenance, holidays, or other rental use.
Tournament use between August 1 and December 30 may not interfere with use of
fields by American Youth Soccer Organization Region 363 (AYSO) or Moorpark
Packers dba Moorpark Musketeers Youth Football (MUSKETEERS) use of
Premises as described in their respective Agreements.
At City’s sole discretion, other fields may be temporarily assigned to MGS if all, or a
portion of, fields listed above are not available due to closure for maintenance, or
use by City for its own programs, or any other reason as deemed appropriate by the
City Manager or his/her designated representative.
D. The Snack Bar facility and storage room adjacent to the softball fields at AVCP.
Storage room is approximately 156 square feet of storage space located on the east
side of the storage building, bounded by a chain link fence on the west side of the
storage area. Storage room or area may be moved or modif ied with fifteenthirty
(1530) calendar days written notice from City.
For use of City facilities beyond or other than described above, MGS agrees to obtain a
Rental Permit and pay rental fees as described in the current Park Rental Rules and Park
141
Rental Fees Resolutions.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 20182021,
and ending on June 30, 20212024, provided however, that City's obligations hereunder
shall be contingent upon MGS's payment in full of all use and related fees and fulfillment of
all obligations as set forth in this Agreement.
This Agreement may be terminated by either party with or without cause by providing
written notice no less than thirty (30) days in advance of such termination.
3. Use Fees
MGS agrees to pay the City Use Fees for the Premises as follows:
A. Hourly use fees for fields as described in Sections 1.A. and 1.B. of this Agreement:
$8.75/hour for athletic fields
$6.00/hour for softball/baseball fields
B. Snack Bar Fees: One thousand dollars ($1,000.00) annually for use of the Snack
Bar.
C. Non-resident Fee: Single Family Equivalent park assessment per family, for children
registered in the league who reside outside of Moorpark City limits. The fee shall be
paid once per fiscal year per family. In the event a child, or his/her sibling(s),
participate in two or more youth sports organizations with appro ved facility use
agreements, the non-resident fee shall be equally divided among said youth sports
organizations.
MGS shall submit a registration roster, including names of non-resident participants,
and street addresses and zip codes of all participants (both resident and non-
resident), registered in the program within five (5) business days of the close of
registration for each use period for the purpose of assessing, verifying and tracking
non-resident fees and ensuring compliance with minimum participant and residency
requirements. Rosters shall be submitted via email to the Recreation Division
manager in Excel workbook format.
City shall calculate non-resident fees due no later than May 30 of each year. MGS
shall be notified in writing of non-resident fees due no later than June 1. Non-
resident fees must be paid in full no later than June 25.
D.C. Staff Fees: Staff fees as described in the current City Cou ncil Staff Billing
Rates Resolution, as may be amended from time to time, for the following:
1. Monitoring of and maintenance during tournaments. Staff fees shall be paid for
the duration of the tournament.
142
2. Monitoring of and maintenance during game days when four (4) or more fields
(athletic and/or ball fields) are rented concurrently. At City’s sole discretion, this fee
may be waived when MGS provides its own personnel to adequately provide
custodial services for the Premises. In the event this fee is waived and MGS
personnel do not adequately clean and maintain Premises, MGS agrees to pay staff
fees for City staff time spent cleaning and maintaining the Premises, rounded up to
the hour.
Fees for use of the Premises must be paid in accordance with the following schedule.
Failure to pay fees when due will result in the denial or cancelation of the Rental Permit for
use under the Agreement:
A. $100 due at time of submission of the Reservation Request.
B. 50% payment due within five (5) business days of issuance of approved Rental
Permit for seasonal use, full payment due within five (5) business days of issuance
of permit for tournaments or other use.
C. Balance of payment due within ten (10) business days of start of season for
seasonal use.
The City may adjust the Use Fees, referenced in this section on or before the beginning of
the new fiscal year, commencing on July 1 and ending June 30, by giving MGS written
notice by April 1.
Fees other than those specifically described above shall be charged and payable as
defined in the Park Rental Fees Resolution. This includes, but is not limited to, permit
application fees, change fees, vendor fees, security deposits, cancellation fees, refund
processing fees, and fees for use of City facilities other than Premises.
4. Refunds or Credits for Use Fees
Use Fees paid may be refunded or credited under the following conditions:in accordance
with the terms and conditions established in the current Rules and Regulations Governing
City Facility Rentals and Rental Fees, Deposits, and Additional Charges for City Facility
Rentals resolutions.
A. The Premises are unusable due to inclement weather (temperatures below 45°F or
above 95°F, active precipitation, winds in excess of thirty (30) miles-per-hour, or
heavy fog), or conditions exist (as determined by the City Manager or the City
Manager’s designee) which make the Premises unusable, such as water saturated
fields. MGS may also reschedule the canceled date, within the time frames and
maximum use allowed by this Agreement.
B. A request for cancellation for a date or dates reserved and paid for under the
Agreement is received thirty (30) calendar days or more in advance of the
scheduled date or dates.
143
For requests for cancellations received between twenty-nine (29) and five (5) calendar days
prior to the scheduled date, MGS may reschedule the canceled date, within the time frames
and maximum use allowed by this Agreement.
No refunds or credits will be issued for requests for cancellations received less than five (5)
calendar days in advance, and the canceled date or dates may not be rescheduled.
5. Use
The Premises shall be used for MGS’s authorized games, practices, and training sessions.
The Premises shall be used as specified in this Agreement only, andonly and shall not be
used for any other purpose without the prior written consent of the City Manager or the City
Manager’s designee. Subletting of premises is not allowed.
A schedule of times and days requested for use of Premises (Reservation Request) shall
be furnished to the Parks and Recreation Director (PR Director) or the PR Director’s
designee for the City’s approval as follows:
A. Fall season: On or before July 15. Fields not requested for reservation by MGS for
the fall season by this date will be available to the public and MGS will not have
priority use of them.
B. Spring season: On or before January 15. Fields not requested for r eservation by
MGS for the spring season by this date will be available to the public and MGS will
not have priority use of them.
C. Tournaments: At least sixty (60) calendar days prior to the first day of tournament
play.
D. All other use: At least thirty (30) calendar days prior to the start of the use period.
The Reservation Request must be provided on the “Park Facility Reservation Application
Youth Sports Organizations” form for seasonal use, and on the “Tournament Reservation
Application” form for tournaments. A separate Reservation Request must be submitted for
each use period (including fall season, spring season, all-stars, tournaments, training
clinics, camps, and other use periods.)
Reservation Requests not submitted by the above stated deadlines, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation Requests submitted after the above stated deadlines will forfeit priority use
over other renters, will not be eligible for the reduced hourly field Use Fees as described in
3.A. of this Agreement, and will be processed and fees charged in accordance with the
Park Rental Rules and Park Rental Fees Resolutions.
The City shall provide MGS with an approved Rental Permit based on the Reservation
Request detailing the dates and times MGS is authorized to use Premises. Requested
changes to the approved Rental Permit must be submitted to City in writing. All requested
changes must be approved by City.
144
The approved Rental Permit may contain additional conditions or special requirements.
These include but are not limited to the requirement of portable toilets and trash and
recycle dumpsters for tournaments, permission for overnight security for tournaments, and
vendor requirements. MGS shall abide by all conditions and requirements on the approved
Rental Permit.
MGS may be required to provide practice and/or game schedules to demonstrate that all
reserved fields are being utilized. If any reserved field is not utilized by MGS a total of three
times during a season or reserved period of use, the field(s) reservations may be cancelled
and removed from the reservation permit. MGS will be notified by City staff when it has
been determined that one or more fields are not being used, and prior to cancellation of the
field reservation.
At all times, City retains the right to use Premises for City sponsored and co -sponsored
events upon no less than thirty (30) days written notice to MGS. The general public shall
have access to and use of Premises at times not included in the approved Rental Permit.
MGS shall not have priority use of Premises outside o f the approved Rental Permit.
6. General Conditions
A. In order to retain rights under this agreement, MGS shall maintain status as a 501
(c) (3) nonprofit corporation chartered within the City of Moorpark. MGS agrees to
provide City with proof of nonprofit status and a certified accounting of its financial
status each year.
The annual financial accounting shall include: 1) a budget summary of actual
revenue and expenditures from MGS’s prior fiscal year; 2) a budget summary of
estimated revenue and expenditures for MGS’s current fiscal year; and 3) a bank
statement or account summary to verify information provided in budgets. The
financial accounting and proof on nonprofit status shall be submitted with the “Youth
Sports Organization Information Sheet” on or before January 15 of each year.
B. In order to retain rights under this Agreement, MGS must register and maintain a
minimum of seventy-five (75) players. Additionally, a minimum of seventy-five
percent (75%) of participants must reside within Moorpark City limits. MGS shall
provide City with registration rosters as described in 3.C. of this Agreement.
C. MGS shall submit annually to the City a completed “Youth Sports Organization
Information Sheet,” the form of which shall be as provided by the City. The
information sheet for each calendar year shall be submitted no later than January
15.
D. MGS shall submit to City a Certificate of Authorized Signatories, with names and
signatures of those authorized to sign documents on behalf of MGS. A new form
shall be submitted any time the list of authorized signatories changes.
E. MGS agrees to obtain a Rental Permit and pay rental fees as required by section
145
12.16.160 of the Moorpark Municipal Code (MMC) for all use of City facilities not
included in the “Premises” and “Use” sections of this Agreement. MGS further
agrees to notify all coaches and participants of the City’s rules and regulations
governing City park rentals, andrentals and shall prohibit any coach or participant
from interfering with a permitted park rental.
7. Wet Field Policy
MGS agrees to abide by the terms of the Wet Field Policy as described in the Rules and
Regulations Governing City Park Rentals Resolution, as may be amended from time to
time, to preserve the quality and life of the fields and promote a safe playing environment.
The Wet Field Policy applies to conditions due to p recipitation, over-watering, irrigation
system problems or other circumstances that may result in wet fields. When fields are
sufficiently wet such that their use may lead to turf damage or bodily injury, they will be
closed to all use at the City Manager’s or the City Manager’s designee’s sole discretion.
Fields are closed under the following conditions:
A. Rain (with the exception of light drizzle if the ground is relatively hard and dry prior
to the start of the drizzle.)
B. Standing water/ponding or mud is present.
C. Water gathers around the sole of a shoe.
D. Footprints leave an impression in the turf.
E. Other conditions deemed unsuitable for recreational activities as determined by the
City Manager or the City Manager’s designee.
8. Snack Bar and Storage Rooms
A. The sale and consumption of food and beverages shall be at the discretion of MGS
with the exception that no alcoholic beverages shall be sold or consumed on
Premises.
B. MGS shall be provided with no more than four (4) keys to the Snack Bar and
storage rooms prior to the start of the season and shall be responsible for securing
said keys. Said keys shall not be duplicated. Upon vacating the Snack Bar or
storage rooms, MGS shall return the keys to City within fifteen (15) days of vacating
use at the end of the season or when Agreement is terminated. In the event any
key(s) assigned to MGS are lost or stolen, MGS agrees to reimburse City for all
costs, including a fifteen percent (15%) administrative fee, associated with re-keying
facilities and issuing replacement keys.
C. MGS shall obtain all required health and other permits for the operation of the Snack
Bars and preparation and sale of food and beverages. MGS shall notify City in
writing of any notice of correction or closure received from the Ventura County
Environmental Health division within forty-eight (48) hours of receiving such notice
and when corrections are made.
146
D. MGS agrees to clean Snack Bars including counters, sinks, floors, and walls after
each use, and to remove and dispose of all trash and recycling in and around Snack
Bars to trash and recycle bins provided by City. The Snack Bar shall be cleaned
and sanitized thoroughly at the end of each day that the facility is used, to the
satisfaction of the City. Any required repair to equipment, appliances, fixtures or any
damage to the facility or any graffiti observed shall be immediately reported to the
City. MGS shall supply all cleaners and supplies. All cleaning products used must
be approved by City. Daily cleaning includes the interior and exterior of the Snack
Bar facility, including, but not limited to the following:
1. Pick up and disposal of litter in and around facility within a 100’ radius.
2. Empty trash receptacles within a 100’ radius and replace liner(s) with 1.5 mill
provided by MGS, or better.
3. Sweep and wet mop the entire floor surface using an approved detergent
disinfectant. Dry the floor with a dry mop.
4. Clean walls and ceiling with an approved disinfectant detergent, including tile
and grout.
5. Clean sinks and counter tops with an approved disinfectant detergent.
6. Clean and sanitize the interior and exterior of all surfaces and appliances,
including stoves, microwaves, coffee makers and refrigerators.
7. Clean the interior and exterior of all partition windows.
E. MGS agrees to immediately (within 24 hours) report to City any damage or
vandalism to the Snack Bar or storage rooms.
F. MGS shall not begin storage of its property in the Snack Bar until the first day of
each season. MGS agrees to remove its property from the Snack Bar within one (1)
week after the last game of each season. City accepts no liability for MGS property
stored on Premises.
G. MGS shall use the storage room to store maintenance and game equipment and
food and drink supplies only. MGS may store maintenance and game equipment in
the storage room year roundyear-round. No more than five (5) gallons of gasoline or
propane may be stored in the storage room. MGS shall clean the storage room on a
regular basis, and keep it free of dirt, dust, and debris. MGS 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.
9. Signs
MGS agrees not to permit the construction or placement of any sign, signboard, or other
form of outdoor advertising on the Premises without the prior written consent of the City
Manager or the City Manager’s designee. In the event of a violation of this provision by
MGS or any oneanyone claiming under MGS, MGS hereby authorizes City as MGS's
Agent, to remove and dispose of any such sign, signboard, or other advertising, and to
147
charge the cost and expense of any such removal and disposal to MGS who agrees to pay
the same upon demand.
This provision does not prohibit 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.
MGS further agrees to abide by the City’s Sign Ordinance regarding the placement of signs
at any location other than Premises.
10. Vendors
Vendors are not permitted without the prior written authorization of the City Manager or the
City Manager’s designee. Vendors are subject to the following conditions:
A. Vendors must complete the City’s vendor application form.
B. Vendors must be self-contained.
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the American with Disabilities Act (ADA).
Vendors must have a current Moorpark business registration permit as required by
MMC 5.08 (Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
MGS must pay to the City vendor fees as described in the current Park Rental Fees
resolution.
11. Indemnification and Hold Harmless
MGS hereby agrees to hold harmless and indemnify City, its officials, agents, and
employees, and its successors and assigns, from and against all claims, loss, damage,
actions, causes of actions, expense (including costs of fees and expenses for legal
services) and/or liability arising or growing out of loss or damage or destruction to property,
including City's own personal property, or injury to or death of persons, including
employees of City, resulting in any manner whatsoever directly or indirectly, by reason of
this Agreement or the use of City facilities by MGS or any person claiming use under or
through MGS unless such loss, damage, injury, or death is due to the sole negligence of
the City. MGS shall also hold the City harmless from all costs and expenses, including
costs of investigation arising out of or incurred in the defense of any claim, proceeding, or
action brought for injury to persons or damage to property, resulting from or associated with
the use of City facilities under this Agreement and shall further save and hold harmless the
City from any and all orders, judgments, and decrees which may be entered in any and all
such suit or actions. MGS and all others using said facilities under this Agreement hereby
waive any and all claims against the City of damage to persons or property in, or about City
facilities.
148
The City does not, and shall not, waive any rights that it may have against MGS by reason
of this Section, because of the acceptance by the City, or the deposit with the City, of any
insurance policy or certificate required pursuant to this Agreement. Said hold harmless and
indemnification provision shall apply regardless of whether or not said insurance policies
are determined to be applicable to the claim, demand, damage, liability, loss, cost or
expense described in this Section. The provisions of th is Section shall survive the
expiration or termination of this Agreement. The provisions of this Section shall apply to all
use of City facilities by MGS pursuant to this Agreement. Failure of City to monitor
compliance with requirement set forth in this Agreement imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
12. Liability Insurance
MGS shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Attachment “B” attached hereto and incorporated herein
by this reference as though set forth in full. Coverage shall apply to all use of City facilities
by MGS pursuant to this Agreement.
13. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be
done at City’s sole discretion and shall be performed by City force account or by City’s
authorized agent unless approved by City Manager or the City Manager’s designee in
writing. All maintenance authorized to be performed by MGS shall adhere to City
specifications and standards.
A. During use under this Agreement, MGS shall be responsible to perform the following
maintenance on Premises at MGS’s sole cost and expense:
1. At least sixty (60) days prior to the first game of the season and thirty (30)
days prior to the start of any maintenance activities , a representative from
MGS shall meet with the City Manager or the City Manager’s designee to
review the condition of the infield areas. MGS shall grade the infield areas of
ball fields 1 and 3 at AVCP, in order to level the fields and insure positive
drainage, two percent (2%) cross fall maximum. Infield mix shall be added to
the satisfaction of the City Manager or the City Manager’s designee and shall
consist of sixty percent (60%) ‘decomposed granite’ and forty percent (40%)
‘brick dust’ available from Peach Hill Soils or equal. The brick dust and
decomposed granite shall be mixed evenly by the manufacturer prior to
installation. MGS shall provide the City with the quantity of the infield mix
proposed and product specifications prior to the start of work. MGS shall hire
a contractor with proven grading experience and submit to the City the
contractor’s qualifications. MGS shall obtain the City’s written approval prior
to commencing work.
2. Pick up trash and recycle materials on and within 100’ around Premises and
provide for additional trash containers as needed. Trash and recycling
149
containers shall be emptied when they are no more than seventy-five percent
(75%) full, with trash and recycle materials placed in the appropriate trash or
recycle container bin. Additionally, recycle material shall be removed from
the liner and placed in the appropriate recycling bin. All recycle and trash
receptacles shall be installed with trash liners. Liners shall be supplied by
MGS. Trash liners shall be black in color and 1.5 mill or better, and recycle
liners shall be clear, unless otherwise approved by the City. This requirement
shall be waived during times that MGS has paid for and the City has
scheduled staff to perform custodial duties specifically for MGS’s use of
Premises.
3. Groom, drag, and rake infields. MGS agrees to hand rake the infields within
eighteen (18) inches of the infield grass line to prevent the build-up of a lip.
MGS shall replace infield fill when necessary, using an infield mix to be
specified and approved by City. Only an approved white water-based acrylic
paint, manufactured specifically for marking lines on sports turf and athletic
fields, may be used on the turf. Athletic field paint may not contain calcium
carbonate, vinyl copolymers, herbicides, or pesticides. Only white field chalk,
manufactured specifically for marking lines on ball fields, may be used on the
dirt portions of the infield. Chalk may not contain any lime-based products, or
other chemicals known to cause skin and eye irritation.
4. Maintain base pegs, pitcher’s mounds, pitching rubbers, and home plates on
AVCP ball fields #1 and #3.
5. Maintain backstops, bleachers, and dug-outs, including fence material, on
AVCP ball fields #1 and #3. Fencing must be repaired within seventy-two
(72) hours of notification that repair is needed.
6. Maintain all MGS installed shade screens on dug-outs. Screens must be
removed or repaired within seventy-two (72) hours of notification that repair
or removal is needed.
7. Remove graffiti from all shade screens within seventy-two (72) hours of
notification to do so. All cleaning products used must be approved by City. If
MGS fails to remove graffiti as described in this section, MGS authorizes City
to remove graffiti and to charge the cost and expense of such removal to
MGS, who agrees to pay the same upon demand.
B. City shall be responsible to perform the following:
1. Irrigate, mow, fertilize, and aerate at City’s expense turf areas within Premises.
2. Perform routine maintenance for normal wear and tear, and arrange for and
schedule pest control services for, in, and around the Snack Bar.
3. Remove graffiti from fences, backstops, bleachers, and dug-outs.
4. Repair damage to fences, backstops, bleachers, and dug-outs when such
150
damage is due to vandalism.
C. City and MGS shall jointly:
1. Maintain base pegs, pitcher’s mounds, pitching rubbers, and home plates on
AVCP ball fields #2 and #4.
2. Maintain backstops and dug-outs, including fence material, on AVCP ball
fields #2 and #4.
D. Other than as described in this Agreement, City shall not be obligated to repair,
replace, or maintain the Premises in any manner throughout the term of this
Agreement. City shall not be obligated to perform any precautionary or preventative
measures with respect to the Premises, including, but not limited to drainage and
flood control measures. Should City perform any of the foregoing, such services
shall be at the sole discretion of City, and the performance of such services shall not
be construed as an obligation or warranty by City of the future or ongoing
performance of such services. City shall determine maintenance specifications.
E. City agrees to allow MGS to access the field portion of Premises with no more than
two (2) vehicles for the specific purpose of setting up and taking down equipment
and preparing ball fields only. Vehicles shall not exceed a gross vehicle weight
(GVW) of 5,400 pounds and may only include golf carts, utility vehicles (“Gators”), or
all-terrain vehicles (ATVs). Vehicles must be equipped with turf tires. MGS agrees
not to use vehicles on the field whenever the ground is wet , for whatever reason,
without obtaining the City Manager’s or the City Manager’s designee’s written
approval. MGS further agrees that only licensed drivers age eighteen (18) or older
may drive said vehicles. MGS agrees to immediately report to City any damage to
Premises caused by use of vehicles on Premises. MGS further agrees to repair any
damage caused by MGS’s use of vehicles at MGS’s sole cost and expense to the
satisfaction of the City. Except as described above, use of any other vehicle on any
area other than roadways and parking lots requires the advance written approval of
City.
F. City agrees to allow MGS to place up to four (4) portable lights on Premises for
evening lighting during tournaments only. Lights may be turned on up to thirty (30)
minutes prior to sunset and must be turned off no later than 10:00 p.m. Use of
portable lights must be included on the Reservation Request and approved by City.
City must approve the placement of lights on Premises. No less than five (5)
calendar days prior to the use of portable lights, MGS must submit to City a diagram
of light placement for approval. Portable lights may only be placed on fields during
the time said fields are rented by MGS. Portable lights must be removed from the
fields at the end of each day and stored and secured no later than 10:00 p.m. in a
location and manner prescribed by City.
151
14. Improvements
MGS shall not make any alterations, additions, or improvements upon the Premises without
the prior written consent of the City Manager or the City Manager’s designee. Requests to
make alterations, additions, or improvements must be submitted to the City in writing no
less than fifteen (15) business days prior to the desired start date for work.
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
maintained at MGS’s sole cost and expense in strict accord with all federal, state, county,
and local laws, ordinances, codes, and standards relating thereto, including ADA
requirements. Performance of work shall be subject to City monitoring and inspection. At
City’s sole discretion, work may be stopped if it does not conform to City specifications and
standards.
Unless otherwise expressly agreed to in writing by the City Manager or the City Manager’s
designee, any alterations, additions, and improvements shall remain on and be
surrendered with the Premises upon the expiration or termination of this Agreement. MGS
shall timely pay all costs associated with any and all improvements, and shall keep the
Premises free and clear of all mechanics liens. MGS agrees to and shall indemnify,
defend, and save City free and harmless against all liability, loss, damage, costs, attorney
fees and other expenses of any nature resulting from any MGS alterations, additions, or
improvements to the Premises.
If MGS discontinues use of Premises for a period of eighteen (18) consecutive months, all
improvements to Premises not already owned by City shall become the property of the City
unless otherwise authorized by the City Manager or the City Manager’s designee in writing.
15. Amplified Sound
MGS agrees not to use amplified sound without the prior written authorization of the City
Manager or the City Manager’s designee. MGS agrees to abide by the provisions
regulating amplified sound as set forth in sections 12.16 (Parks and Open Space), and
17.53 (Noise), of the MMC.
16. Flammable Material, Waste, and Nuisances
MGS agrees that it will not place or store any flammable materials on the Premises except
as described in Section 8.G., that it will not commit any waste or damage, nor suffer any to
be done. MGS also specifically agrees that it will not allow others to take such actions on
the Premises. MGS further agrees that it will keep the Premises clean, free from rubbish,
and debris and in a condition satisfactory to City.
MGS shall also provide adequate controls for dust, odors, and noise which may emanate
from the Premises or from MGS's activities on adjacent property and take appropriate steps
necessary to prevent dust contamination of City's facilities located on, near or adjacent to
the Premises. MGS agrees to take preventative action to eliminate such dust, odor, noise,
152
or any other nuisance which may disturb the adjacent or nearby community and agrees to
be responsible for and to assume all liability for such dust, odor, noise, or other nuisance
disturbances. MGS also agrees that it shall not use amplified sound or field lighting on
Premises for any reason, without the prior written consent of the City Manager or the City
Manager’s designee.
17. Pesticides and Herbicides
MGS agrees that prior to any application of either pesticides or herbicides, it shall receive
written consent from City, and further any pesticide or herbicide applications on the
Premises shall be made in accordance with all federal, state, county, and local laws. MGS
further agrees to dispose of any pesticides, herbicides, or any other toxic substances which
are declared to be either a health or environmental hazard in such a manner as prescribed
by law. This shall include, but shall not be limited to, contaminated containers, clothing,
equipment, or any other contaminated material.
18. Hazardous Materials Indemnity
MGS hereby agrees to indemnify and hold harmless City, and its respective officers,
employees, and agents, from and against any and all claims, actions, losses, liabilities,
costs, and expenses: (a) including, without limitation, all foreseeable and all unforeseeable
consequential damages, directly or indirectly arising out of the use, generation, storage, or
disposal of Hazardous Material on the Premises by MGS; and (b) including, without
limitation, the cost of any required or necessary repair, cleanup, or detoxification and the
preparation of any closure or other required plans, to the full extent that such action is
attributable, directly or indirectly, to the presence, or use, generation, storage, release,
threatened release, or disposal of Hazardous Materials on the Premises by MGS. As used
in this Section, Hazardous Materials means any flammable explosives, radioactive
materials, asbestos, PCBs, hazardous water, toxic substances of related materials,
including, without limitation, substances, defined as "hazardous substances", "hazardous
materials", or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the
Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic
Substances Control Act, 15 USC, Section 2601, et seq.; any other federal, state, or local
law applicable to the Premises; and in the rules and regulations adopted or promulgated
under or pursuant to any of said laws. The prov isions of this Section shall survive the
expiration or earlier termination of this Agreement.
19. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof, and
for the purpose of providing maintenance and making such repairs as City desires to make.
20. Governing Law
MGS agrees that in the exercise of its rights under this Agreement, MGS shall comply with
153
all applicable federal, state, county, and local laws and regulations in connection with its
use of the Premises, including but not limited to the ADA. The existence, validity,
construction, operation, and effect of this Agreement and all of its terms and provisions
shall be determined in accordance with the laws of the state of California.
21. Discrimination
MGS agrees not to discriminate against any person or class of persons by reason of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status of such person; or any
other basis protected by applicable federal, state, or local law in the use of the Premises.
22. Assignment and Subletting
MGS shall not assign this Agreement, or any interest therein, and shall not assign use of the
Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other
person (the agents and servants of MGS excepted) to occupy or use the Premises, or any
portion thereof, without the prior written consent of the City Manager or the City Manager’s
designee. A consent to one assignment, subletting, occupation, or use by another person shall
not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use
by another person. This Agreement shall not, nor shall any interest therein, be assignable, as
to the interest of MGS, by operation of law, without the written consent of the City Manager or
the City Manager’s designee. Any assignment or subletting without such consent shall be void,
and shall, at the option of the City, terminate this Agreement. No legal title or interest in
Premises is created or vested in MGS by this Agreement.
23. Insolvency or Bankruptcy
If MGS shall be adjudged bankrupt or insolvent, this Agreement shall thereupon
immediately terminate and the same shall not be assignable by any process of law, or be
treated as an asset of the MGS under such adjudication, nor shall it pass under the control
of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or by
execution or assignment for the benefit of creditors. If any such event occurs, this
Agreement shall immediately become null and void and of no effect, and City may
thereupon repossess said Premises and all rights of the MGS thereupon shall cease and
terminate.
24. Default or Breach
Except as otherwise provided, at any time one party to this Agreement is in default or
breach in the performance of any of the terms and conditions of this Agreement, the other
party shall give written notice to remedy such default or breach. If default or breach is
remedied within thirty (30) days following such notice, then this Agreement shall continue in
full force and effect. If such default or breach is not remedied within thirty (30) days
following such notice or if the nature of the default is such that it cannot reasonably be
cured within thirty (30) days, if MGS fails to commence to cure within the thirty (30) day
154
period, the other party may, at its option, terminate this Agreement. Such termination shall
not be considered a waiver of damages or other remedies available to either party because
of such default or breach. Each term and condition of this Agreement shall be deemed to
be both a covenant and a condition.
25. 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.
26. Waiver
A waiver by either party or any default or breach by the other party in the performance of
any of the covenants, terms or conditions of this Agreement shall no t constitute or be
deemed a waiver of any subsequent or other default or breach.
27. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
28. Condemnation
If the whole of the Premises should be taken by a public authority under the power of
eminent domain, then the term of this Agreement shall cease on the day of possession by
the public authority. If a part only of the Premises should be taken under eminent domain,
MGS shall have the right to either terminate this Agreement or to continue in possession of
the remainder of the Premises. If MGS remains in possession, all of the terms hereof shall
continue in effect, with the fees payable being reduced proportionately for the balance of
the Agreement term.
29. Remedies
In case of the failure or refusal of MGS to comply with and perform each and all of the
terms and covenants on its part herein contained, this Agreement and all rights hereby
given shall, at the option of City, cease and terminate, and City shall have the right forthwith
to remove MGS's personal property from the Premises at the sole cost, expense and risk of
MGS, which cost and expense MGS agrees to pay to City upon demand, together with
interest thereon at the maximum rate allowed by law, and use fees due to date from the
date of expenditure by City.
155
30. Attorney Fees
In case City shall bring suit to compel performance of or to recover for breach of any
covenant, agreement, or condition herein contained and such suit results in a judgment for
City, MGS will pay to City attorney fees in addition to the amount of judgment.
31. Notices and Payments
All notices required under this Agreement including change of address shall be in writing,
and all notices and payments shall be made as follows:
All payments and notices to MGS shall be given or mailed to MGS at the address listed
below and addressed to the current MGS Regional Commissioner. It is the responsibility of
MGS to notify City when there has been a change with regard to the individual serving as
Regional Commissioner and to provide the City with name, address, and 24-hour contact
phone number of the new Commissioner.
Moorpark Girls Softball
Trevor EsakiChristina Finnerty
P.O. Box 246
Moorpark, CA 93020
All notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
32. 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.
33. Gender and Number
For the purpose of this Agreement wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall inclu de the
plural and the plural number shall include the singular, wherever the context so requires.
156
34. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to
be used in interpreting or construing the terms, covenants, and conditions of this
Agreement.
35. 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.
36. Venue
This Agreement is made, entered into, executed in Ventura County, California, and any
action filed in any court for arbitration for the interpretation, enforcement or other action of
the terms, conditions or covenants referred to herein shall be filed in the applicable court in
Ventura County, California.
37. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous negotiations and understandings between the parties. There are no
representations, warranties, or commitments, oral or written, other than those expressly set
forth herein.
38. Authority to Execute Agreement
The person executing this Agreement on behalf of MGS warrants and represents that
he/she has the authority to execute this Agreement on MGS’s behalf and has the authority
to bind MGS to the terms of this Agreement.
157
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK MOORPARK GIRLS SOFTBALL
_______________________________ _______________________________
TroyBrown Trevor EsakiChristina Finnerty
City Manager Co-President
Attest:
_________________________________
Ky SpanglerMaureen Benson
City Clerk
Attachments: A: Premises
B: Insurance Requirements
158
Attachment A
Premises
Arroyo Vista Community Park
Softball Fields 1, 2, 3, and 4
Snack Bar adjacent to softball
fields
Arroyo Vista Community Park
Softball fields 1, 2, 3, and 4
Snack Bar and Storage Room
adjacent to softball fields
Mountain Meadows Park
Softball fields 1 and 2
159
Attachment B
Insurance Requirements
MGS shall secure, pay for, and maintain in full force and effect for the duration of this Agreement a
policy of comprehensive insurance as detailed below from a good and responsible company or
companies authorized to do insurance business in the State of California, with a Best Rating / FPR
of no less than A-. Policies shall bear an endorsement or shall have attached a rider whereby it is
provided that, in the event of amendment or cancellation of such policy for any reason whatsoever,
City shall be notified by registered mail, postage prepaid, return receipt requested, not less than
thirty (30) days before the amendment or cancellation is effective. MGS shall furnish a Certificate
of Liability Insurance and Insurance Endorsement, subject to the City’s acceptance, to the City
prior to execution of this Agreement. MGS agrees to have its insurer endorse, to the satisfaction of
the City, the third partythird-party general liability coverage required herein to include as additional
insureds the City of Moorpark and its officials, employees, and agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached
thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to MGS or
City.
B. Provide a minimum of $1,000,000.00 per occurrence with a minimum of $2,000,000
aggregate commercial general liability coverage.
C. MGS’s policy shall be considered primary insurance with respect to any other valid and
collectible insurance the City may possess, including any self-insured retention the City may
have, and any other insurance the City does possess shall be considered excess and shall not
contribute to it.
2. AUTO INSURANCE
If MGS’s employees, volunteers, and contractors will use personal autos in any way during t he
performance of this Agreement, MGS shall ensure the employees, volunteers, and contractors
maintain automobile insurance that meet, at minimum, current statutory requirements and provide
proof of this insurance to the City, if requested.
3. WORKERS’ COMPENSATION INSURANCE
Workers’ Compensation Insurance, on a state-approved policy form providing statutory benefits as
required by law. MGS shall furnish a Certificate of Insurance to the City within thirty (30) days of
execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrence
basis.
160
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK LITTLE LEAGUE FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
20182021, between the CITY OF MOORPARK, a municipal corporation located in the
County of Ventura, State of California, hereinafter referred to as "City" and MOORPARK
LITTLE LEAGUE, a nonprofit organization, hereinafter referred to as "MPLL".
W I T N E S S E T H:
WHEREAS, youth sports programs are a valuable asset to the Moorpark community;
and
WHEREAS, MPLL provides baseball programs for the youth of the Moorpark
community; and
WHEREAS, MPLL desires to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation of facility
use agreements for Moorpark nonprofit youth sports organizations in order to provide
special conditions, priority use, and reduced use fees to the youth sports organizations.
NOW, THEREFORE, in consideration of the mutual covenants, benefits , and
premises contained herein, the parties hereto agree as follows:
1.Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to MPLL, and MPLL hereby accepts from City,
the use of certain real property and associated facilities and equipment at Poindexter Park,
hereinafter “PP”, as described below and in Attachment "A" attached hereto and by this
reference incorporated herein, together with any and all improvements thereon, all of which
are hereinafter referred to as the "Premises" for the following use periods:
A.During the spring season, fall season, all-stars, and other use periods including but
not limited to training clinics, camps, and advanced, specialized, or year-round team
practices not associated with a specific season, baseball fields 1 and 2. The spring
season may begin no earlier than February 1 and conclude no later than June 30.
The fall season may begin no earlier than August 1 and conclude no later than
November 30. All-stars may begin no earlier than July 1 and conclude no later than
August 31.
Actual fields allocated shall be governed by the “Moorpark Parks and Recreation
Master Plan” standard field allocations for games. Said allocations for will be one (1)
field per eight (8) teams as specified below. Fields used by MPLL at Chaparral
Middle School shall be counted first and toward the total field allocation. Field
allocations at PP shall be as follows:
ATTACHMENT 4
161
One (1) field for every eight (8) teams in 10U Division and under.
One (1) field for every eight (8) teams in 12U Division and over.
At City’s sole discretion, other fields may be temporarily assigned to MPLL if all, or a
portion of, fields listed above are not available due to closure for maintenance or,
use by City for its own programs, or any other reason as deemed appropriate by the
City Manager or his/her designated representative.
B. For up to three (3) tournaments per calendar year, baseball fields 1 and 2. Each
tournament may not exceed two (2) weekends or four (4) total days. Weekends for
each tournament must be consecutive, unless facilities are not available due to City
use, holidays, maintenance, or other rental use.
C. Storage room adjacent to restroom building. Storage room is approximately 150
square feet of storage space located adjacent to the restroom building. Storage
room or area may be moved or modified with fifteenthirty (1530) calendar days
written notice from City.
For use of City facilities beyond or other than described above, MPLL agrees to obtain a
Rental Permit and pay rental fees as described in the current Park Rental Rules and Park
Rental Fees Resolutions.
2. Term
The term of this Agreement shall be for up to three (3) years, commencing on July 1,
2021upon execution, and ending on June 30, 20212024, provided however, that City's
obligations hereunder shall be contingent upon MPLL's payment in full of all use and
related fees and fulfillment of all obligations as set forth in this Agreement.
This Agreement may be terminated by either party with or without c ause by providing
written notice no less than thirty (30) days in advance of such termination.
3. Use Fees
MPLL agrees to pay the City Use Fees for the Premises as follows:
A. Hourly use fees for fields as described in Sections 1 A and B of this Agreement:
$8.75/hour for athletic fields
$6.00/hour for softball/baseball fields
B. Non-resident Fee: Single Family Equivalent park assessment per family, for children
registered in the league who reside outside of Moorpark city limits. The fee shall be
paid once per fiscal year per family. In the event a child, or his/her sibling(s),
participate in two or more youth sports organizations with approved facility use
agreements, the non-resident fee shall be equally divided among said youth sports
organizations.
162
MPLL shall submit a registration roster, including names of non -resident
participants, and street addresses and zip codes of all participants (both re sident
and non-resident), registered in the program within five (5) business days of the
close of registration for each use period for the purpose of verifying, assessing, and
tracking non-resident fees and ensuring compliance with minimum participant and
residency requirements. Rosters shall be submitted via email to the Recreation
Division manager in Excel workbook format.
City shall calculate non-resident fees due no later than May 30 of each year. MPLL
shall be notified in writing of non-resident fees due no later than June 1. Non-
resident fees must be paid in full no later than June 25.
C.B. Staff Fees: Staff fees as described in the current City Council Staff Billing Rates
Resolution, as may be amended from time to time, for monitoring of and maintenance
during tournaments. Staff fees shall be paid for the duration of the tournament.
Fees for use of the Premises must be paid in accordance with the following schedule.
Failure to pay fees when due will result in the denial or cancelation of the Rental Permit for
use under the Agreement:
A. $100 due at time of submission of Reservation Request.
B. 50% payment due within five (5) business days of issuance of the approved Rental
Permit for seasonal use, full payment due within five (5) business days of issuance
of permit for tournaments or other use periods.
C. Balance of payment due within ten (10) business days of start of season for
seasonal use.
The City may adjust the Use Fees, referenced in this section on or before the beginning of
the new fiscal year, commencing on July 1 and ending June 30, by giving MPLL written
notice by April 1.
Fees other than those specifically described above shall be charged and payable as
defined in the Park Rental Fees Resolution. This includes, but is not limited to, permit
application fees, change fees, vendor fees, security deposits, cancellation fees, refund
processing fees, and fees for use of City facilities other than Premises.
4. Refunds or Credits for Use Fees
Fees paid may be refunded or credited in accordance with the terms and conditions
established in the current Rules and Regulations Governing City Facility Rentals and
Rental Fees, Deposits, and Additional Charges for City Facility Rentals resoluti ons. Use
Fees paid may be refunded or credited under the following conditions:
A. The Premises are unusable due to inclement weather (temperatures below 45°F or
above 95°F, active precipitation, winds in excess of thirty (30) miles-per-hour, or
heavy fog), or conditions exist (as determined by City Manager or the City
Manager’s designee) which make the Premises unusable, such as water saturated
fields. MPLL may also reschedule the canceled date, within the time frames and
163
maximum use allowed by this Agreement.
B. A request for cancellation for a date or dates reserved and paid for und er the
Agreement is received thirty (30) calendar days or more in advance of the
scheduled date or dates.
C. For requests for cancellations received between twenty-nine (29) and five (5)
calendar days prior to the scheduled date, MPLL may reschedule the canceled date,
within the time frames and maximum use allowed by this Agreement.
No refunds or credits will be issued for requests for cancellations received less than five (5)
calendar days in advance, and the canceled date or dates may not be rescheduled.
5. Use
The Premises shall be used for MPLL’s authorized games, practices, and training sessions.
The Premises shall be used as specified in this Agreement only, andonly and shall not be
used for any other purpose without the prior written consent of the City Manager or the City
Manager’s designee. Subletting of premises is not allowed.
A schedule of times and days requested for use of Premises shall be furnished to the Parks
and Recreation Director (PR Director) or the PR Director’s designee for the City’s approval
as follows:
A. Fall season: On or before July 15. Fields not requested for reservation by MPLL for
the fall season by this date will be available to the public and MPLL will not have
priority use of them.
B. Spring season: On or before January 15. Fields not requested for reservation by
MPLL for the spring season by this date will be available to the public and MPLL will
not have priority use of them.
C. All-stars: On or before June 15. Fields not requested for reservation by MPLL for the
spring season by this date will be available to the p ublic and MPLL will not have
priority use of them.
D. Tournaments: At least sixty (60) calendar days prior to the first day of tournament
play.
E. All other use: At least thirty (30) calendar days prior to the start of the use period.
The Reservation Request must be provided on the “Park Facility Reservation Application
Youth Sports Organizations” form for seasonal use, and on the “Tournament Reservation
Application” form for tournaments. A separate Reservation Request must be submitted for
each use period (including fall season, spring season, all-stars, tournaments, training
clinics, camps, and other use periods.)
Reservation Requests not submitted by the above stated deadlines, or without the
completed forms as referenced above, will not qualify for use und er the Agreement.
164
Reservation Requests submitted after the above stated deadlines will forfeit priority use
over other renters, will not be eligible for the reduced hourly field Use Fees as described in
3.A. of this Agreement, and will be processed and fee s charged in accordance with the
Park Rental Rules and Park Rental Fees Resolutions.
The City shall provide MPLL with an approved Rental Permit based on the Reservation
Request detailing the dates and times MPLL is authorized to use Premises. Requested
changes to the approved Rental Permit must be submitted to City in writing. All requested
changes must be approved by the City.
The approved Rental Permit may contain additional conditions or special requirements.
These include but are not limited to the requirement of portable toilets and trash and
recycle dumpsters for tournaments, permission for overnight security for tournaments, and
vendor requirements. MPLL shall abide by all conditions and requirements on the approved
Rental Permit.
MPLL may be required to provide practice and/or game schedules to demonstrate that all
reserved fields are being utilized. If any reserved field is not utilized by MPLL a total of
three times during a season or reserved period of use, the field(s) reservations may be
cancelled and removed from the reservation permit. MPLL will be notified by City staff when
it has been determined that one or more fields are not being used, and prior to cancellation
of the field reservation.
At all times, City retains the right to use Premises for City sponsored and co-sponsored
events upon no less than thirty (30) days written notice to MPLL. The general public shall
have access to and use of Premises at times not included in the approved Rental Permit.
MPLL shall not have priority use of Premises outside of the approved Rental Permit.
6. General Conditions
A. In order to retain rights under this agreement, MPLL shall maintain status as a 501
(c) (3) nonprofit corporation chartered within the City of Moorpark. MPLL agrees to
provide City with proof of nonprofit status and a certified accounting of its financial
status each year.
The annual financial accounting shall include: 1) a budget summary of actual
revenue and expenditures from MPLL’s prior fiscal year; 2) a budget summary of
estimated revenue and expenditures for MPLL’s current fiscal year; and 3) a bank
statement or account summary to verify information provided in budgets. The
financial accounting and proof on nonprofit status shall be submitted with the “Youth
Sports Organization Information Sheet” on or before January 15 of each year.
B. In order to retain rights under this Agreement, MPLL must register and maintain a
minimum of seventy-five (75) players. Additionally, a minimum of seventy-five
percent (75%) of participants must reside within Moorpark city limits. MPLL shall
provide City with registration rosters as described in 3 C of this Agreement.
C. MPLL shall submit annually to the City a completed “Youth Sports Organization
Information Sheet,” the form of which shall be as provided by the City. The
165
information sheet for each calendar year shall be submitted no later than January
15.
D. MPLL shall submit to City a Certificate of Authorized Signatories, with names and
signatures of those authorized to sign documents on behalf of MPLL. A new form
shall be submitted any time the list of authorized signatories changes.
E. MPLL agrees to obtain a Rental Permit and pay rental fees as required by section
12.16.160 of the Moorpark Municipal Code (MMC) for all use of City facilities not
included in the “Premises” and “Use” sections of this Agreement. MPLL further
agrees to notify all coaches and participants of the City’s rules and regulations
governing City park rentals, andrentals and shall prohibit any coach or participant
from interfering with a permitted park rental.
7. Wet Field Policy
MPLL agrees to abide by the terms of the Wet Field Policy as described in the Rules and
Regulations Governing City Park Rentals Resolution, as may be amended from time to
time, to preserve the quality and life of the fields and promote a safe playing environment.
The Wet Field Policy applies to conditions due to precipitation, over -watering, irrigation
system problems or other circumstances that may result in wet fields. When fields are
sufficiently wet such that their use may lead to turf damage or bodily injury, they will be
closed to all use at the City Manager’s or the City Manager’s designee’s sole discretion.
Fields are closed under the following conditions:
A. Rain (with the exception of light drizzle if the ground is relatively hard and dry prior
to the start of the drizzle.)
B. Standing water/ponding or mud is present.
C. Water gathers around the sole of a shoe.
D. Footprints leave an impression in the turf.
E. Other conditions deemed unsuitable for recreational activities as determined by the
City Manager or the City Manager’s designee.
8. Storage Rooms
A. MPLL shall be provided with no more than four (4) keys to the storage room prior to
the start of the season and shall be responsible for securing said keys. Said keys
shall not be duplicated. Upon vacating the storage room, MPLL shall return the keys
to City. MPLL shall return the keys to City within fifteen (15) days of vacating use at
the end of the season or when Agreement is terminated . In the event any key(s)
assigned to MPLL are lost or stolen, MPLL agrees to reimburse City for all costs,
including a fifteen percent (15%) administrative fee, associated with re-keying
facilities and issuing replacement keys.
B. MPLL agrees to immediately (within 24 hours) report to City any damage or
vandalism to the storage rooms.
166
C. MPLL shall use the storage room to store maintenance and game equipment and
only. MPLL may store maintenance and game equipment in the storage room year
round. No more than five (5) gallons of gasoline or propane may be stored in the
storage room. MPLL shall clean the storage room on a regular basis, and keep it
free of dirt, dust, and debris. MPLL shall be required to vacate the storage room
upon thirty (30) days written notice from the City if it is needed for City purposes.
9. Signs
MPLL agrees not to permit the construction or placement of any sign, signboard, or other
form of outdoor advertising on the Premises without the prior written consent of the City
Manager or the City Manager’s designee. In the event of a violation of this provision by
MPLL or any oneanyone claiming under MPLL, MPLL hereby authorizes City as MPLL's
Agent, 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 MPLL who agrees to pay
the same upon demand.
This provision does not prohibit 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.
MPLL further agrees to abide by the City’s Sign Ordinance regarding the placement of
signs at any location other than Premises.
10. Vendors
Vendors are not permitted without the prior written authorization of the City Manager or the
City Manager’s designee. Vendors are subject to the following conditions:
A. Vendors must complete the City’s vendor application form.
B. Vendors must be self-contained.
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the Americans with Disabilities Act (ADA).
Vendors must have a current Moorpark business registration permit as required by
MMC 5.08 (Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
MPLL must pay to the City vendor fees as described in the current Park Rental Fees
resolution.
11. Indemnification and Hold Harmless
MPLL hereby agrees to hold harmless and indemnify City, its officials, agents, and
employees, and its successors and assigns, from and against all claims, loss, damage,
actions, causes of actions, expense (including costs of fees and expenses for legal
167
services) and/or liability arising or growing out of loss or damage or destruction to property,
including City's own personal property, or injury to or death of persons, including
employees of City, resulting in any manner whatsoever directly or indirectly, by reaso n of
this Agreement or the use of City facilities by MPLL or any person claiming use under or
through MPLL unless such loss, damage, injury, or death is due to the sole negligence of
the City. MPLL shall also hold the City harmless from all costs and expenses, including
costs of investigation arising out of or incurred in the defense of any claim, proceeding, or
action brought for injury to persons or damage to property, resulting from or associated with
the use of City facilities under this Agreement and shall further save and hold harmless the
City from any and all orders, judgments, and decrees which may be entered in any and all
such suit or actions. MPLL and all others using said facilities under this Agreement hereby
waive any and all claims against the City of damage to persons or property in, or about City
facilities.
The City does not, and shall not, waive any rights that it ma y have against MPLL by reason
of this Section, because of the acceptance by the City, or the deposit with the City, of any
insurance policy or certificate required pursuant to this Agreement. Said hold harmless and
indemnification provision shall apply regardless of whether or not said insurance policies
are determined to be applicable to the claim, demand, damage, liabilit y, loss, cost or
expense described in this Section. The provisions of this Section shall survive the
expiration or termination of this Agreement. The provisions of this Section shall apply to all
use of City facilities by MPLL pursuant to this Agreement. Failure of City to monitor
compliance with requirement set forth in this Agreement imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
12. Liability Insurance
MPLL shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Attachment “B” attached hereto and incorporated herein
by this reference as though set forth in full. Coverage shall apply to all use of City facilities
by MPLL pursuant to this Agreement.
13. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be
done at City’s sole discretion and shall be performed by City force account or by City’s
authorized agent unless approved by the City Manager or the City Manager’s designee in
writing. All maintenance authorized to be performed by MPLL shall adhere to City
specifications and standards.
A. During use under this Agreement, MPLL shall be responsible to perform the
following maintenance on Premises at MPLL’s sole cost and expense:
1. At least thirty (30) days prior to the start of maintenance activities, a
representative from MPLL shall meet with the City Manager or the City
Manager’s designee to review the condition of the infield areas. MPLL shall
grade the infield areas of all ball fields, in order to level the fields and insure
positive drainage, two percent (2%) cross fall maximum. Infield mix shall be
168
added to the satisfaction of the City Manager or the City Manager’s designee
and shall consist of sixty percent (60%) ‘decomposed granite’ and forty
percent (40%) ‘brick dust’ available from Peach Hill Soils or equal. The brick
dust and decomposed granite shall be mixed evenly by the manufacturer
prior to installation. MPLL shall provide the City with the quantity of the
infield mix proposed and product specifications prior to the start of work.
MPLL shall hire a contractor with proven grading experience and submit to
the City the contractor’s qualifications. MPLL shall obtain the City’s written
approval prior to commencing work.
2. Pick up trash and recycle materials on and within 100’ around Premises and
provide for additional trash containers as needed. Trash and recycling
containers shall be emptied when they are no more than seventy-five percent
(75%) full, with trash and recycle materials placed in the appropriate trash or
recycle container bin. Additionally, recycle material shall be removed from
the liner and placed in the appropriate recycling bin. All recycle and trash
receptacles shall be installed with trash liners. Liners shall be supplied by
MPLL. Trash liners shall be black in color and 1.5 mill or better, and recycle
liners shall be clear, unless otherwise approved by the City.
3. Groom, drag, and rake infields and area within the pitching cage and batting
cage. MPLL agrees to hand rake the infields within eighteen (18) inches of
the infield grass line to prevent the build-up of a lip. MPLL shall replace infield
fill when necessary using an infield mix to be specified and approved by City.
Only white water-based acrylic paint, manufactured specifically for marking
lines on sports turf and athletic fields, may be used on the turf. Athletic field
paint may not contain calcium carbonate, vinyl copolymers, herbicid es, or
pesticides. Only white field chalk, manufactured specifically for marking lines
on ball fields, may be used on the dirt portions of the infield. Chalk may not
contain any lime-based products, or other chemicals known to cause skin
and eye irritation.
4. Maintain grass infields using a seed mix specified and approved by City.
5. Maintain base pegs, pitcher’s mounds, pitching rubbers, and home plates.
6. Maintain dug-out covers.
7. MPLL may install a temporary fence around the outfield perimeter of the
north and south baseball diamond during the primary season. Said temporary
fence may be installed no earlier than February 1 and must be removed no
later than July 15, unless otherwise approved in writing by the City Manager
on his/her designee. Sleeves may not be used to secure said fencing.
Damaged fencing must be repaired or removed within seventy-two (72) hours
of notification that repair or removal is needed. Fencing must be stored off
Premises outside the primary season. Said temporary fence shall be installed
to the satisfaction of the City Representative and shall consist of maximum 6’
height chain link panels with mechanically driven posts. Free standing
panels or panels with post bases shall not be allowed. Fence posts shall be
driven minimum 18” depth and shall be installed perpendicular to the existing
169
grade. Fence panels shall be clamped together with two clamps and
carriage bolts, one installed at the top of the fence and one at the bottom.
Carriage bolts shall be installed so that the rounded end of the bolt is facing
play. The nut end of the bolt shall be inst alled flush with the bolt, and shall
not extend further than ¼” beyond the nut. A poly cap shall be installed
along the top of the fence the entire length and strapped secure.”
8. Remove graffiti from temporary fences installed by MPLL within seventy-two
(72) hours of notification to do so. All cleaning products used must be
approved by City. If MPLL fails to remove graffiti as described in this section,
MPLL authorizes City to remove graffiti and to charge the cost and expense
of such removal to MPLL, who agrees to pay the same upon demand.
9. MPLL previously installed batting cages at Premises. MPLL shall be
responsible for maintain batting cages as follows: Batting cages shall be
locked secure at the end of each day of use. Batting cage screen shall be
constructed with either 42# high density UV treated polyethylene (HDPE)
netting, 42# urethane treated nylon netting, or equal per City’s written
approval. Netting shall be installed secure, with te nsion ropes to minimize
sags. Netting sags shall not exceed 9”. Pitcher screens shall be constructed
with 2” O.D. powder coated tubing or galvanized tubing with 1 ¾” sq. double
sided mesh constructed of either 42# high density UV treated polyethylene
(HDPE) netting, 42# urethane treated nylon netting, or equal per City’s
written approval.
10. Mow turf areas from the infield up to the temporary fence around the outfield
perimeter.
11. Prior to erecting barricades, cones, or any other traffic control devices on any
public street or right-of-way, MPLL agrees to obtain an encroachment permit
from City.
B. City shall be responsible to perform the following:
1. Irrigate, mow, fertilize, and aerate at City’s expense turf areas within Premises.
2. Remove graffiti from permanent fences, backstops, and dugouts.
C. City and MPLL shall jointly:
1. Maintain backstops and dug-outs, including fence material.
D. Other than described in this Agreement, City shall not be obligated to repair, replace
or maintain the Premises in any manner throughout the term of this Agreement. City
shall not be obligated to perform any precautionary or preventative measures with
respect to the Premises, including, but not limited to drainage and flood control
measures. Should City perform any of the foregoing, such services shall be at the
sole discretion of City, and the performance of such services shall not be construed
as an obligation or warranty by City of the future or ongoing performance of such
services. City shall determine maintenance specifications.
170
E. City agrees to allow MPLL to access the field portion of Premises with no more than
two (2) vehicles for the specific purpose of setting up and taking down equipment
and preparing baseball fields only. Vehicles shall not exceed a gross vehicle weight
(GVW) of 5,400 pounds and may only include golf carts, utility vehicles (“Gators”), or
all-terrain vehicles (ATVs). Vehicles must be equipped with turf tires. MPLL agrees
not to use vehicles on the field whenever the ground is wet, for whatever reason,
without obtaining the City Manager’s or the City Manager’s designee’s written
approval. MPLL further agrees that only licensed drivers age eighteen (18) or older
may drive said vehicles. MPLL agrees to immediately report to City any damage to
Premises caused by use of vehicles on Premises. MPLL further agrees to repair any
damage caused by MPLL’s use of vehicles at MPLL’s sole cost and expense to the
satisfaction of the City. Except as described above, use of any other vehicle on any
area other than roadways and parking lots requires the advance written approval of
City.
14. Improvements
MPLL shall not make any alterations, additions, or improvements upon the Premises
without the prior written consent of the City Manager or the City Manager’s designee.
Requests to make alterations, additions, or improvements must be submitted to the City in
writing no less than fifteen (15) business days prior to the desired start date for work.
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
maintained at MPLL’s sole cost and expense in strict accord with all federal, state, county,
and local laws, ordinances, codes, and standards relating thereto, including ADA
requirements. Performance of work shall be subject to City monitoring and inspection. At
City’s sole discretion, work may be stopped if it does not conform to City specifications and
standards.
Unless otherwise expressly agreed to in writing by the City Manager or the City Manager’s
designee, any alterations, additions, and improvements shall remain on and be
surrendered with the Premises upon the expiration or termination of this Agreement. MPLL
shall timely pay all costs associated with any and all improvements, and shall keep the
Premises free and clear of all mechanics liens. MPLL agrees to and shall indemnify,
defend, and save City free and harmless against all liability, loss, damage, costs, attorney
fees and other expenses of any nature resulting from any MPLL alterations, additions, or
improvements to the Premises.
If MPLL discontinues use of Premises for a period of eighteen (18) consecutive months, all
improvements to Premises not already owned by City shall become the property of the City
unless otherwise authorized by the City Manager or the City Manager’s designee in writing.
15. Amplified Sound
MPLL agrees not to use amplified sound without the prior written authorization of the City
Manager or the City Manager’s designee. MPLL agrees to abide by the provisions
171
regulating amplified sound as set forth in sections 12.16 (Parks and Open Space), and
17.53 (Noise), of the MMC.
16. Flammable Material, Waste, and Nuisances
MPLL agrees that it will not place or store any flammable materials on the Premises except
as described in Section 8.C., that it will not commit any waste or damage, nor suffer any to
be done. MPLL also specifically agrees that it will not allow others to take such actions on
the Premises. MPLL further agrees that it will keep the Premises clean, free from weeds,
rubbish, and debris and in a condition satisfactory to City.
MPLL shall also provide adequate controls for dust, odors, and noise which may emanate
from the Premises or from MPLL's activities on adjacent property and take appropriate
steps necessary to prevent dust contamination of City's facilities located on, near or
adjacent to the Premises. MPLL agrees to take preventative action to eliminate such dust,
odor, noise, or any other nuisance which may disturb the adjacent or nearby community
and agrees to be responsible for and to assume all liability for such dust, odor, noise, or
other nuisance disturbances. MPLL also agrees that it shall not use amplified sound or
field lighting on Premises for any reason, without the prior written consent of the City
Manager or the City Manager’s designee.
17. Pesticides and Herbicides
MPLL agrees that prior to any application of either pesticides or herbicides, it shall receive
written consent from City, and further any pesticide or herbicide applications on the
Premises shall be made in accordance with all federal, state, county, and local laws. MPLL
further agrees to dispose of any pesticides, herbicides, or any other toxic substances which
are declared to be either a health or environmental hazard in such a manner as prescribed
by law. This shall include, but shall not be limited to, contamin ated containers, clothing,
equipment, or any other contaminated material.
18. Hazardous Materials Indemnity
MPLL hereby agrees to indemnify and hold harmless City, and its respective officers,
employees, and agents, from and against any and all claims, a ctions, losses, liabilities,
costs and expenses: (a) including, without limitation, all foreseeable and all unforeseeable
consequential damages, directly or indirectly arising out of the use, generation, storage, or
disposal of Hazardous Material on the P remises by MPLL; and (b) including, without
limitation, the cost of any required or necessary repair, cleanup, or detoxification and the
preparation of any closure or other required plans, to the full extent that such action is
attributable, directly or indirectly, to the presence, or use, generation, storage, release,
threatened release, or disposal of Hazardous Materials on the Premises by MPLL. As used
in this Section, Hazardous Materials means any flammable explosives, radioactive
materials, asbestos, PCBs, hazardous water, toxic substances of related materials,
including, without limitation, substances, defined as "haza rdous substances", "hazardous
materials", or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the
172
Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic
Substances Control Act, 15 USC, Section 2601, et seq.; any other federal, state, or local
law applicable to the Premises; and in the rules and regulations adopted or promulgated
under or pursuant to any of said laws. The provisions of this Section shall survive the
expiration or earlier termination of this Agreement.
19. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof,
and for the purpose of providing maintenance and making such repairs as City desires to
make.
20. Governing Law
MPLL agrees that in the exercise of its rights under this Agreement, MPLL shall comply
with all applicable federal, state, county, and local laws and regulations in connection with
its use of the Premises, including but not limited to the ADA. The existence, validity,
construction, operation, and effect of this Agreement and all of it s terms and provisions
shall be determined in accordance with the laws of the state of California.
21. Discrimination
MPLL agrees not to discriminate against any person or class of persons by reason of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status of such person; or any
other basis protected by applicable federal, state, or local law in the use of the Premises.
22. Assignment and Subletting
MPLL shall not assign this Agreement, or any interest therein, and shall not assign use of the
Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other
person (the agents and servants of MPLL excepted) to occupy or use the Premises, or any
portion thereof, without the prior written consent of the City Manager or the City Manager’s
designee. A consent to one assignment, subletting, occupation, or use by another person shall
not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use
by another person. This Agreement shall not, nor shall any interest therein, be assignable, as to
the interest of MPLL, by operation of law, without the written consent of the City Manager or the
City Manager’s designee. Any assignment or subletting without such consent shall be void, and
shall, at the option of the City, terminate this Agreement. No legal title or interest in Premises is
created or vested in MPLL by this Agreement.
23. Insolvency or Bankruptcy
If MPLL shall be adjudged bankrupt or insolvent, this Agreement shall thereupon
immediately terminate and the same shall not be assignable by any process of law, or be
treated as an asset of the MPLL under such adjudication, nor shall it pass under the control
173
of any trustee or assignee by virtue of any process in bankruptcy or insolven cy, or by
execution or assignment for the benefit of creditors. If any such event occurs, this
Agreement shall immediately become null and void and of no effect, and City may
thereupon repossess said Premises and all rights of the MPLL thereupon shall cease and
terminate.
24. Default or Breach
Except as otherwise provided, at any time one party to this Agreement is in default or
breach in the performance of any of the terms and conditions of this Agreement, the other
party shall give written notice to remedy such default or breach. If default or breach is
remedied within thirty (30) days following such notice, then this Agreement shall continue in
full force and effect. If such default or breach is not remedied within thirty (30) days
following such notice or if the nature of the default is such that it cannot reasonably be
cured within thirty (30) days, if MPLL fails to commence to cure within the thirty (30) day
period, the other party may, at its option, terminate this Agreement. Such termination shall
not be considered a waiver of damages or other remedies available to either party because
of such default or breach. Each term and condition of this Agreement shall be deemed to
be both a covenant and a condition.
25. Interpretation
Should interpretation of this Agreement, or any portion thereof, be necessary, it is deem ed
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.
26. Waiver
A waiver by either party or any default or breach by the other party in the performance of
any of the covenants, terms or conditions of this Agreement shall not constitute or be
deemed a waiver of any subsequent or other default or breach.
27. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
28. Condemnation
If the whole of the Premises should be taken by a public authority under the power of
eminent domain, then the term of this Agreement shall cease on the day of possession by
the public authority. If a part only of the Premises should be taken under eminent domain,
MPLL shall have the right to either terminate this Agreement or to continue in possession of
the remainder of the Premises. If MPLL remains in possession, all of the terms hereof shall
continue in effect, with the fees payable being reduced proportionately for the balance of
174
the Agreement term.
29. Remedies
In case of the failure or refusal of MPLL to comply with and perform each and all of the
terms and covenants on its part herein contain ed, this Agreement and all rights hereby
given shall, at the option of City, cease and terminate, and City shall have the right forthwith
to remove MPLL's personal property from the Premises at the sole cost, expense and risk
of MPLL, which cost and expense MPLL agrees to pay to City upon demand, together with
interest thereon at the maximum rate allowed by law, and use fees due to date from the
date of expenditure by City.
30. Attorney Fees
In case City shall bring suit to compel performance of or to recover for breach of any
covenant, agreement, or condition herein contained and such suit results in a judgment for
City, MPLL will pay to City attorney fees in addition to the amount of judgment .
31. Notices and Payments
All notices required under this Agreement including change of address shall be in writing,
and all notices and payments shall be made as follows:
All payments and notices to MPLL shall be given or mailed to MPLL at the address listed
below and addressed to the current MPLL Regional Commissioner. It is the responsibility
of MPLL to notify City when there has been a change with regard to the individual serving
as Regional Commissioner and to provide the City with name, address, and 24-hour
contact phone number of the new Commissioner.
Moorpark Little League
Roy Oliver
P.O. Box 496
Moorpark, CA 93020
All notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
32. 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.
175
33. Gender and Number
For the purpose of this Agreement wherever the masculi ne or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall include the
plural and the plural number shall include the singular, whereve r the context so requires.
34. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to be
used in interpreting or construing the terms, covenants, and conditions of this Agreement.
35. 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.
36. Venue
This Agreement is made, entered into, executed in Ventura County, California, and any
action filed in any court for arbitration for the interpretation, enforcement or other action of
the terms, conditions or covenants referred to herein shall be f iled in the applicable court in
Ventura County, California.
37. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous negotiations and understandings between the parties. There are no
representations, warranties, or commitments, oral or written, other than those expressly set
forth herein.
38. Authority to Execute Agreement
The person executing this Agreement on behalf of MPLL warrants and represents that
he/she has the authority to execute this Agreement on MPLL’s behalf and has the authority
to bind MPLL to the terms of this Agreement.
176
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK MOORPARK LITTLE LEAGUE
_______________________________ _______________________________
Troy Brown Roy Oliver
City Manager President
Attest:
_________________________________
Ky SpanglerMaureen Benson
City Clerk
Attachments: A: Premises
B: Insurance Requirements
177
Attachment A
Premises
Ballfield 1 and 2 at Poindexter Park
Storage Room
178
Attachment B
Insurance Requirements
MPLL shall secure, pay for, and maintain in full force and effect for the duration of this Agreement
a policy of comprehensive insurance as detailed below from a good and responsible company or
companies authorized to do insurance business in the State of California, with a Best Rating / FPR
of no less than A-. Policies shall bear an endorsement or shall have attached a rider whereby it is
provided that, in the event of amendment or cancellation of such policy for any reason whatsoever,
City shall be notified by registered mail, postage prepaid, return receipt requested, not less than
thirty (30) days before the amendment or cancellation is effective. MPLL shall furnish a Certificate
of Liability Insurance and Insurance Endorsement, subject to the City’s acceptance, to the City
prior to execution of this Agreement. MPLL agrees to have its insurer endorse, to the satisfaction
of the City, the third partythird-party general liability coverage required herein to include as
additional insureds the City of Moorpark and its officials, employees, and agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached
thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to MPLL or
City.
B. Provide a minimum of $1,000,000.00 commercial general liability coverage, and shall be
written on an occurrence basis.
C. MPLL’s policy shall be considered primary insurance with respect to any other valid and
collectible insurance the City may possess, including any self-insured retention the City may
have, and any other insurance the City does possess shall be considered excess and shall not
contribute to it.
2. AUTO INSURANCE
If MPLL’s employees, volunteers, and contractors will use personal autos in any way during the
performance of this Agreement MPLL shall ensure the employees, volunteers, and contractors
maintain automobile insurance that meet, at minimum, current statutory requirements and provide
proof of this insurance to City, if requested.
3. WORKERS’ COMPENSATION INSURANCE
Workers’ Compensation Insurance, on a state-approved policy form providing statutory benefits as
required by law. MPLL shall furnish a Certificate of Insurance to the City within thirty (30) days of
execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrence
basis.
179
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK PACKERS, DBA MOORPARK MUSKETEERS YOUTH FOOTBALL,
FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
202118, between the CITY OF MOORPARK, a municipal corporation located in the County
of Ventura, State of California, hereinafter referred to as "City" and MOORPARK
PACKERS, a nonprofit organization, DBA MOORPARK MUSKETEERS YOUTH
FOOTBALL, hereinafter referred to as "MUSKETEERS".
W I T N E S S E T H:
WHEREAS, youth sports programs are a valuable asset to the Moorpark community;
and
WHEREAS, MUSKETEERS provides football programs for the youth of the
Moorpark community; and
WHEREAS, MUSKETEERS desires to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation of facility
use agreements for Moorpark nonprofit youth sports organizations in order to provide
special conditions, priority use, and reduced use fees to the youth sports organizations.
NOW, THEREFORE, in consideration of the mutual covenants, benefits , and
premises contained herein, the parties hereto agree as follows:
1.Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to MUSKETEERS, and MUSKETEERS hereby
accepts from City, the use of certain real property and associated facilities and equipment
at Arroyo Vista Community Park, hereinafter “AVCP”, as described below and in
Attachment "A" attached hereto and by this reference incorporated herein, together with
any and all improvements thereon, all of which are hereinafter referred to as the "Premises"
for the following use periods:
A.During the fall season, athletic fields #4 and #5, Monday through Friday only. The
fall season shall start no earlier than July1 and conclude no later than November 30.
Actual fields allocated may be less than described above, and shall be governed by
the “Moorpark Parks and Recreation Master Plan” standard field allocations for
games. Said allocations for football fields shall be one (1) field per six (6) teams.
At City’s sole discretion, other fields may be temporarily assigned to MUSKETEERS
if all, or a portion of, fields listed above are not available due to closure for
maintenance or, use by City for its own programs, or any other reason as deemed
appropriate by the City Manager or his/her designated representative.
B.For up to three (3) tournaments per calendar year, up to ten (10) athletic fields and
ATTACHMENT 5
180
four (4) ball field outfields. Each tournament may not exceed two (2) weekends or
four (4) total days. Weekends for each tourna ment must be consecutive, unless
facilities are not available due to City use, holidays, maintenance, or other rental
use. Tournament use is subject to availability of fields, andfields and may not
interfere with Moorpark Girls Softball (MGS) or American Youth Soccer Organization
Region 363 (AYSO) use of Premises as identified in their respective Agreements.
C. During the winter season and other use periods including but not limited to training
clinics, camps, and advanced, specialized, or year-round team practices not
associated with a specific season, athletic fields #4 and #5. The winter season shall
begin no earlier than December 1 and conclude no later than February 28.
At City’s sole discretion, other fields may be temporarily assigned to MUSKETEERS
if all, or a portion of, fields listed above are not available due to closure for
maintenance or, use by City for its own programs, or any other reason as deemed
appropriate by the City Manager or his/her designated representative.
D. Storage room adjacent to the snack bar located south of parking lot D. Storage room
is approximately 460 square feet of storage space located on the south side of the
storage building, bounded by a chain link fence on the north side of the storage
area. Storage room or area may be moved or modified with fifteenthirty (3015)
calendar days written notice from City.
For use of City facilities beyond or other than described above, MUSKETEERS agrees to
obtain a Rental Permit and pay rental fees as described in the current Park Rental Rules
and Park Rental Fees Resolutions.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 20182021,
and ending on June 30, 20212024, provided, however, that City's obligations hereunder
shall be contingent upon MUSKETEERS’ payment in full of all use and related fees and
fulfillment of all obligations as set forth in this Agreement.
This Agreement may be terminated by either party with or without cause by providing
written notice no less than thirty (30) days in advance of such termination.
3. Use Fees
MUSKETEERS agrees to pay the City Use Fees for the Premises as follows:
A. Hourly use fees for fields as described in Sections 1 A, B, and C of this Agreement:
$8.75/hour for athletic fields
$6.00/hour for softball/baseball fields or open grass areas
181
B. Non-resident Fee: Single Family Equivalent park assessment per family, for children
registered in the league who reside outside of Moorpark city limits. The fee shall be
paid once per fiscal year per family. In the event a child, or his/her sibling(s),
participate in two or more youth sports organizations with approved facility use
agreements, the non-resident fee shall be equally divided among said youth sports
organizations.
MUSKETEERS shall submit a registration roster, including names of non-resident
participants, and street addresses and zip codes of all participants (both resident
and non-resident), registered in the program within five (5) business days of the
close of registration for each use period for the purpose of verifying, assessing, and
tracking non-resident fees and ensuring compliance with minimum participant and
residency requirements. Rosters shall be submitted via email to the Recreation
Division manager in Excel workbook format.
City shall calculate non-resident fees due no later than May 30 of each year. MSC
shall be notified in writing of non-resident fees due no later than June 1. Non-
resident fees must be paid in full no later than June 25.
C.B. Staff Fees: Staff fees as described in the current City Council Park Rental
Fees Resolution, as may be amended from time to time, for monitoring of and
maintenance during tournaments. Staff fees shall be paid for the duration of the
tournament.
Fees for use under of the Premises must be paid in accordance with the following
schedule. Failure to pay fees when due will result in the denial or cancelation of the Rental
Permit for use under the Agreement:
A. $100 due at time of submission of Reservation Request.
B. 50% payment due within five (5) business days of issuance of the approved Rental
Permit for seasonal use, full payment due within five (5) business days of issuance
of permit for tournaments or other use.
C. Balance of payment due within ten (10) business days of start of season for
seasonal use.
The City may adjust the Use Fees, referenced in this section on or before the beginning of
the new fiscal year, commencing on July 1 and ending June 30, by giving MUSKETEERS
written notice by April 1.
Fees other than those specifically described above shall be charged and payable as
defined in the Park Rental Fees Resolution. This includes, but is not limited to, permit
application fees, change fees, vendor fees, security deposits, cancellation fees, refund
processing fees, and fees for use of City facilities other than Premises.
4. Refunds or Credits for Use Fees
Fees paid may be refunded or credited in accordance with the terms and conditions
established in the current Rules and Regulations Governing City Facility Rentals and
182
Rental Fees, Deposits, and Additional Charges for City Facility Rentals resoluti ons. Use
Fees paid may be refunded or credited under the following conditions:
A. The Premises are unusable due to inclement weather (temperatures below 45°F or
above 95°F, active precipitation, winds in excess of thirty (30) miles-per-hour, or
heavy fog), or conditions exist (as determined by City Manager or the City
Manager’s designee) which make the Premises unusable, such as water saturated
fields. MUSKETEERS may also reschedule the canceled date, within the time
frames and maximum use allowed by this Agreement.
B. A request for cancellation for a date or dates reserved and paid for under the
Agreement is received thirty (30) calendar days or more in advance of the
scheduled date or dates.
For requests for cancellations received between twenty-nine (29) and five (5) calendar days
prior to the scheduled date, MUSKETEERS may reschedule the canceled date, within the
time frames and maximum use allowed by this Agreement.
No refunds or credits will be issued for requests for cancellations received less than five (5)
calendar days in advance, and the canceled date or dates may not be rescheduled.
5. Use
The Premises shall be used for MUSKETEERS’ authorized games, practices, and training
sessions. The Premises shall be used as specified in this Agreement only, and shall not be
used for any other purpose without the prior written consent of the City Manager or the City
Manager’s designee. Subletting of premises is not allowed.
A schedule of times and days requested for use of Premises shall be furnished to the Parks
and Recreation (PR Director) or the PR Director’s designee for the City’s approval as
follows:
A. Fall season: On or before June 15. Fields not requested for reservation by
MUSKETEERS for the fall season by this date will be available to the public and
MUSKETEERS will not have priority use of them.
B. Winter season: On or before November 15. Fields not requested for reservation by
MUSKETEERS for the winter season by this date will be available to the public and
MUSKETEERS will not have priority use of them.
C. Tournaments: At least sixty (60) calendar days prior to the first day of tournament
play.
D. All other use: At least thirty (30) calendar days prior to the start of the use period.
The Reservation Request must be provided on the “Park Facility Reservation Application
Youth Sports Organizations” form for seasonal use, and on the “Tournament Reservation
Application” form for tournaments. A separate Reservation Request must be submitted for
183
each use period (including fall season, spring season, all-stars, tournaments, training
clinics, camps, and other use periods.)
Reservation Requests not submitted by the above stated deadlines, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation Requests submitted after the above stated deadlines will forfeit priority use
over other renters, will not be eligible for the reduced hourly field Use Fees as described in
3.a. of this Agreement, and will be processed and fees charged in accordance with the
Park Rental Rules and Park Rental Fees Resolutions.
The City shall provide MUSKETEERS with an approved Rental Permit based on the
Reservation Request detailing the dates and times MUSKETEERS is authorized to use
Premises. Requested changes to the approved Rental Permit must be submitted to City in
writing. All requested changes must be approved by City.
The approved Rental Permit may contain additional conditions or special requirements.
These include but are not limited to the requirement of portable toilets and trash and
recycle dumpsters for tournaments, permission for overnight security for tournaments, and
vendor requirements. MUSKETEERS shall abide by all conditions and requirements on the
approved Rental Permit.
MUSKETEERS may be required to provide practice and/or game schedules to demonstrate
that all reserved fields are being utilized. If any reserved field is not utilized by
MUSKETEERS a total of three times during a season or reserved period of use, the field(s)
reservations may be cancelled and removed from the reservation permit. MUSKETEERS
will be notified by City staff when it has been determined that one or more fields are not
being used, and prior to cancellation of the field reservation.
At all times, City retains the right to use Premises for City sponsored and co-sponsored
events upon no less than thirty (30) days written notice to MUSKETEERS.
The general public shall have access to and use of Premises at times not included in the
approved Rental Permit. MUSKETEERS shall not have priority use of Premises outside of
the approved Rental Permit.
6. General Conditions
A. In order to retain rights under this agreement, MUSKETEERS shall maintain status
as a 501 (c) (3) nonprofit corporation chartered within the City of Moorpark.
MUSKETEERS agrees to provide City with proof of nonprofit status and a certified
accounting of its financial status each year.
The annual financial accounting shall include: 1) a budget summary of actual
revenue and expenditures from MUSKETEERS’ prior fiscal year; 2) a budget
summary of estimated revenue and expenditures for MUSKETEERS’ current fiscal
year; and 3) a bank statement or account summary to verify information provided in
budgets. The financial accounting and proof on nonprofit status shall be submitted
with the “Youth Sports Organization Information Sheet” on or before January 15 of
184
each year.
B. In order to retain rights under this Agreement, MUSKETEERS must register and
maintain a minimum of seventy-five (75) players. Additionally, a minimum of
seventy-five percent (75%) of participants must reside within Moorpark city limits.
MUSKETEERS shall provide City with registration rosters as described in 3 C of this
Agreement.
C. MUSKETEERS shall submit annually to the City a completed “Youth Sports
Organization Information Sheet,” the form of which shall be as provided by the City.
The information sheet for each calendar year shall be submitted no later than
January 15.
D. MUSKETEERS shall submit to City a Certificate of Authorized Signatories, with
names and signatures of those authorized to sign documents on behalf of
MUSKETEERS. A new form shall be submitted any time the list of autho rized
signatories changes.
E. MUSKETEERS agrees to obtain a Rental Permit and pay rental fees as required by
section 12.16.160 of the Moorpark Municipal Code (MMC) for all use of City facilities
not included in the “Premises” and “Use” sections of this Agreem ent.
MUSKETEERS further agrees to notify all coaches and participants of the City’s
rules and regulations governing City park rentals, andrentals and shall prohibit any
coach or participant from interfering with a permitted park rental.
7. Wet Field Policy
MUSKETEERS agrees to abide by the terms of the Wet Field Policy as described in the
Rules and Regulations Governing City Park Rentals Resolution, as may be amended from
time to time, to preserve the quality and life of the fields and promote a safe playi ng
environment. The Wet Field Policy applies to conditions due to precipitation, over-watering,
irrigation system problems, or other circumstances that may result in wet fields. When fields
are sufficiently wet such that their use may lead to turf damage o r bodily injury, they will be
closed to all use at the City Manager’s or the City Manager’s designee’s sole discretion.
Fields are closed under the following conditions:
A. Rain (with the exception of light drizzle if the ground is relatively hard and dry prior
to the start of the drizzle).
B. Standing water/ponding or mud is present.
C. Water gathers around the sole of a shoe.
D. Footprints leave an impression in the turf.
E. Other conditions deemed unsuitable for recreational activities as determined by the
City Manager or the City Manager’s designee.
185
8. Storage Rooms
A. MUSKETEERS shall be provided with no more than four (4) keys to the storage
rooms prior to the start of the season and shall be responsible for securing said
keys. Said keys shall not be duplicated. Upon vacating the storage rooms,
MUSKETEERS shall return the keys to City. MUSKETEERS shall return the keys to
City within fifteen (15) days of vacating use at the end of the season or when
Agreement is terminated. In the event any key(s) assigned to MUSKETEERS are
lost or stolen, MUSKETEERS agrees to reimburse City for all costs, including a
fifteen percent (15%) administrative fee, associated with re-keying facilities and
issuing replacement keys.
B. MUSKETEERS agrees to immediately (within 24 hours) report to City any damage
or vandalism to the storage rooms.
C. MUSKETEERS shall use the storage room to store maintenance and game
equipment and supplies only. MUSKETEERS may store maintenance and game
equipment in the storage room year roundyear-round. No more than five (5) gallons
of gasoline or propane may be stored in the storage room. MUSKETEERS shall
clean the storage room on a regular basis, and keep it free of dirt, dust, and debris.
MUSKETEERS shall be required to vacate the storage room upon thirty (30) days
written notice from the City if it is needed for City purposes.
9. Signs
MUSKETEERS agrees not to permit the construction or placement of any sign, signboard,
or other form of outdoor advertising on the Premises without the prior written consent of the
City Manager or the City Manager’s designee. In the event of a violation of this provision
by MUSKETEERS or any oneanyone claiming under MUSKETEERS, MUSKETEERS
hereby authorizes City as MUSKETEERS’ Agent, 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 MUSKETEERS who agrees to pay the same upon demand.
This provision does not prohibit 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.
MUSKETEERS further agrees to abide by the City’s Sign Ordinance regarding the
placement of signs at any location other than Premises.
10. Vendors
Vendors are not permitted without the prior written authorization of the City Manager or the
City Manager’s designee. Vendors are subject to the following conditions:
A. Vendors must complete the City’s vendor application form.
B. Vendors must be self-contained.
186
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the American with Disabilities Act (ADA).
Vendors must have a current Moorpark business registration permit as required by
MMC 5.08 (Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
MUSKETEERS must pay to the City vendor fees as described in the current Park Rental
Fees resolution.
11. Indemnification and Hold Harmless
MUSKETEERS hereby agrees to hold harmless and indemnify City, its officials, agents,
and employees, and its successors and assigns, from and against all claims, loss, damage,
actions, causes of actions, expense (including costs of fees and expenses for legal
services), and/or liability arising or growing out of loss or damage or destruction to property,
including City's own personal property, or injury to or death of persons, including
employees of City, resulting in any manner whatsoever directly or indirectly, by reason of
this Agreement or the use of City facilities by MUSKETEERS or any person claiming use
under or through MUSKETEERS unless such loss, damage, injury, or death is due to the
sole negligence of the City. MUSKETEERS shall also hold the City harmless from all costs
and expenses, including costs of investigation arising out of or incurred in the defense of
any claim, proceeding, or action brought for injury to persons or damage to property,
resulting from or associated with the use of City facilities under this Agreement and shall
further save and hold harmless the City from any and all orders, judgments, and decrees
which may be entered in any and all such suit or actions. MUSKETEERS and all others
using said facilities under this Agreement hereby waive any and all claims against the City
of damage to persons or property in, or about City facilities.
The City does not, and shall not, waive any rights that it may have against MUSKETEERS
by reason of this Section, because of the acceptance by the City, or the deposit with the
City, of any insurance policy or certificate required pursuant to this Agreement. Said hold
harmless and indemnification provision shall apply regardless of whether or not said
insurance policies are determined to be applicable to the claim, demand, damage, liability,
loss, cost or expense described in this Section. The provisions of this Section shall survive
the expiration or termination of this Agreement. The provisions of this Section shall apply to
all use of City facilities by MUSKETEERS pursuant to this Agreement. Failure of City to
monitor compliance with requirement set forth in this Agreement imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder.
12. Liability Insurance
MUSKETEERS shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Attachment “B” attached hereto and
incorporated herein by this reference as though set forth in full. Coverage shall apply to all
use of City facilities by MUSKETEERS pursuant to this Agreement.
187
13. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be
done at City’s sole discretion and shall be performed by City force account or by City’s
authorized agent unless approved by the City Manager or the City Manager’s designee in
writing. All maintenance authorized to be performed by MUSKETEERS shall adhere to City
specifications and standards.
A. During use under this Agreement, MUSKETEERS shall be responsible to perform
the following maintenance on Premises at MUSKETEERS sole cost and expense:
1. Mark football field lines using only an approved water-based acrylic paint,
manufactured specifically for marking lines on sports turf and athletic fields.
Athletic field paint may not contain calcium carbonate, vinyl copolymers,
herbicides (including growth inhibitors), or pesticides.
2. Pick up trash and recycle materials on and within 100’ around Premises and
provide for additional trash containers as needed. Trash and recycling
containers shall be emptied when they are no more than seventy-five percent
(75%) full, with trash and recycle materials placed in the appropriate trash or
recycle container bin. Additionally, recycle material shall be removed from
the liner and placed in the appropriate recycling bin. All recycle and tra sh
receptacles shall be installed with trash liners. Liners shall be supplied by
MUSKETEERS. Trash liners shall be black in color and 1.5 mill or better, and
recycle liners shall be clear, unless otherwise approved by the City. This
requirement shall be waived during times that MUSKETEERS has paid for
and the City has scheduled staff to perform custodial duties specifically for
MUSKETEERS’s use of Premises.
3. MUSKETEERS equipment must be secured in the storage room. If an item of
equipment cannot be stored within the storage room, it must be secured in a
location as on Premises as approved by City, and in a manner that prevents
the general public from accessing or using the equipment.
B. City shall be responsible to perform the following:
1. Irrigate, mow, fertilize, and aerate at City’s expense turf areas within
Premises.
C. City shall not be obligated to repair, replace or maintain the Premises in any manner
throughout the term of this Agreement. City shall not be obligated to perform any
precautionary or preventative measures with respect to the Premises, including, but
not limited to drainage and flood control measures. Should City perform any of the
foregoing, such services shall be at the sole discretion of City, and the performance
of such services shall not be construed as an obligation or warranty by City of the
future or ongoing performance of such services. City shall determine maintenance
specifications.
D. City agrees to allow MUSKETEERS to access the field portion of Premises with no
188
more than two (2) vehicles for the specific purpose of setting up and taking down
equipment only. Vehicles shall not exceed a gross vehicle weight (GVW) of 5,400
pounds and may only include golf carts, utility vehicles (“Gators”), or all-terrain
vehicles (ATVs). Vehicles must be equipped with turf tires. MUSKETEERS agrees
not to use vehicles on the field whenever the ground is wet, for whatever reason,
without obtaining the City Manager’s or the City Manager’s designee’s written
approval. MUSKETEERS further agrees that only licensed drivers age eighteen
(18) or older may drive said vehicles. MUSKETEERS agrees to immediately report
to City any damage to Premises caused by use of vehicles on Premises.
MUSKETEERS further agrees to repair any damage caused by MUSKETEERS’s
use of vehicles at MUSKETEERS’s sole cost and expense to the satisfaction of the
City. Except as described above, use of any other vehicle on any area ot her than
roadways and parking lots requires the advance written approval of City.
14. Improvements
MUSKETEERS shall not make any alterations, additions, or improvements upon the
Premises without the prior written consent of the City Manager or the City Manager’s
designee. Requests to make alterations, additions, or improvements must be submitted to
the City in writing no less than fifteen (15) business days prior to the desired start date for
work.
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
maintained at MUSKETEERS’ sole cost and expense in strict accord with all federal, state,
county, and local laws, ordinances, codes, and standards relating thereto, including ADA
requirements. Performance of work shall be subject to City monitoring and inspection. At
City’s sole discretion, work may be stopped if it does not conform to City specifications and
standards.
Unless otherwise expressly agreed to in writing by the City Manager or the City Manager’s
designee, any alterations, additions and improvements shall remain on and be surrendered
with the Premises upon the expiration or termination of this Agreement. MUSKETEERS
shall timely pay all costs associated with any and all improvements, and shall keep the
Premises free and clear of all mechanics liens. MUSKETEERS agrees to and shall
indemnify, defend, and save City free and harmless against all liability, loss, damage, costs,
attorney fees and other expenses of any nature resulting from any MUSKETEERS
alterations, additions, or improvements to the Premises.
If MUSKETEERS discontinues use of Premises for a period of eighteen (18) consecutive
months, all improvements to Premises not already owned by City shall become the property
of the City unless otherwise authorized by the City Manager or the City Manager’s
designee in writing.
15. Amplified Sound
MUSKETEERS agrees not to use amplified sound without the prior written authorization of
189
the City Manager or the City Manager’s designee. MUSKETEERS agrees to abide by the
provisions regulating amplified sound as set forth in sections 12.16 (Parks and Open
Space), and 17.53 (Noise), of the MMC.
16. Flammable Material, Waste, and Nuisances
MUSKETEERS agrees that it will not place or store any flammable materials on the
Premises, that it will not commit any waste or damage, nor suffer any to be done.
MUSKETEERS also specifically agrees that it will not allow others to take such actions on
the Premises. MUSKETEERS further agrees that it will keep the Premises clean, free from
weeds, rubbish, and debris and in a condition satisfactory to City.
MUSKETEERS shall also provide adequate controls for dust, odors, and noise which may
emanate from the Premises or from MUSKETEERS’ activities on adjacent property and
take appropriate steps necessary to prevent dust contamination of City's facilities located
on, near or adjacent to the Premises. MUSKETEERS agrees to take preventative action to
eliminate such dust, odor, noise, or any other nuisance which may disturb the adjacent or
nearby community and agrees to be responsible for and to assume all liability for such dust,
odor, noise, or other nuisance disturbances. MUSKETEERS also agrees that it shall not
use amplified sound or field lighting on Premises for any reason, without the prior written
consent of the City Manager or the City Manager’s designee.
17. Pesticides and Herbicides
MUSKETEERS agrees that prior to any application of either pesticides or herbicides, it shall
receive written consent from City, and further any pesticide or herbicide applications on the
Premises shall be made in accordance with all federal, state, county, and local laws.
MUSKETEERS further agrees to dispose of any pesticides, herbicides or any other toxic
substances which are declared to be either a health or environmental hazard in such a
manner as prescribed by law. This shall include, but shall not be limited to, contaminated
containers, clothing, equipment, or any other contaminated material.
18. Hazardous Materials Indemnity
MUSKETEERS hereby agrees to indemnify and hold harmless City, and its respective
officers, employees, and agents, from and against any and all claims, actions, losses,
liabilities, costs and expenses: (a) including, without limitation, all foreseeable and all
unforeseeable consequential damages, directly or indirectly arising out of the use,
generation, storage, or disposal of Hazardous Material on the Premises by MUSKETEERS;
and (b) including, without limitation, the cost of any required or necessary repair, cleanup,
or detoxification and the preparation of any closure or other required plans, to the full extent
that such action is attributable, directly or indirectly, to the presence , or use, generation,
storage, release, threatened release, or disposal of Hazardous Materials on the Premises
by MUSKETEERS. As used in this Section, Hazardous Materials means any flammable
explosives, radioactive materials, asbestos, PCBs, hazardous water, toxic substances of
related materials, including, without limitation, substances, defined as "hazardous
substances", "hazardous materials", or "toxic substances" in the Comprehensive
190
Environmental Response, Compensation and Liability Act of 1980, as am ended, 42 USC,
Section 9601, et seq.; the Resource Conservation and Recovery Act, 42 USC, Section
6901, et seq.; the Toxic Substances Control Act, 15 USC, Section 2601, et seq.; any other
federal, state, or local law applicable to the Premises; and in the rules and regulations
adopted or promulgated under or pursuant to any of said laws. The provisions of this
Section shall survive the expiration or earlier termination of this Agreement.
19. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof,
and for the purpose of providing maintenance and making such repairs as City desires to
make.
20. Governing Law
MUSKETEERS agrees that in the exercise of its rights under this Agreement,
MUSKETEERS shall comply with all applicable federal, state, county and local laws and
regulations in connection with its use of the Premises, including but not limited to, the ADA.
The existence, validity, construction, operation, and effect of this Agreement and all of its
terms and provisions shall be determined in accordance with the laws of the state of
California.
21. Discrimination
MUSKETEERS agrees not to discriminate against any person or class of persons by
reason of race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, or military and veteran status of such
person; or any other basis protected by applicable federal, state, or local law in the use of
the Premises.
22. Assignment and Subletting
MUSKETEERS shall not assign this Agreement, or any interest therein, and shall not
assign use of the Premises or any part thereof, or any right or privilege appurtenant thereto,
or suffer any other person (the agents and servants of MUSKETEERS excepted) to occupy
or use the Premises, or any portion thereof, without the prior written consent of the City
Manager or the City Manager’s designee. A consent to one assignment, subletting,
occupation, or use by another person shall not be deemed to be a consent to any
subsequent assignment, subletting, occupation, or use by another person. This Agreement
shall not, nor shall any interest therein, be assignable, as to the interest of MUSKETEERS,
by operation of law, without the written consent of the City Manager or the City Manager’s
designee. Any assignment or subletting without such consent shall be void, and shall, at
the option of the City, terminate this Agreement. No legal title or interest in Premises is
created or vested in MUSKETEERS by this Agreement.
191
23. Insolvency or Bankruptcy
If MUSKETEERS shall be adjudged bankrupt or insolvent, this Agreement shall thereupon
immediately terminate and the same shall not be assignable by any process of law, or be
treated as an asset of the MUSKETEERS under such adjudication, nor shall it pass under
the control of any trustee or assignee by virtue of any process in bankruptcy or insolvency,
or by execution or assignment for the benefit of creditors. If any such event occurs, this
Agreement shall immediately become null and void and of no effect, and City may
thereupon repossess said Premises and all rights of the MUSKETEERS thereupon shall
cease and terminate.
24. Default or Breach
Except as otherwise provided, at any time one party to this Agreement is in default or
breach in the performance of any of the terms and conditions of this Agreement, the other
party shall give written notice to remedy such default or breach. If default or breach is
remedied within thirty (30) days following such notice, then this Agreement shall continue in
full force and effect. If such default or breach is not remedied within thirty (30) days
following such notice or if the nature of the default is such that it cannot reasonably be
cured within thirty (30) days, if MUSKETEERS fails to commence to cure within the thirty
(30) day period, the other party may, at its option, terminate this Agreement. Such
termination shall not be considered a waiver of damages or other remedies available to
either party because of such default or breach. Each term and condition of this Agreement
shall be deemed to be both a covenant and a condition.
25. 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 e qually, and shall not be
interpreted against either party on the ground that the party prepared the Agreement or
caused it to be prepared.
26. Waiver
A waiver by either party or any default or breach by the other party in the performance of
any of the covenants, terms or conditions of this Agreement shall not constitute or be
deemed a waiver of any subsequent or other default or breach.
27. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
28. Condemnation
If the whole of the Premises should be taken by a public authority under the powe r of
192
eminent domain, then the term of this Agreement shall cease on the day of possession by
the public authority. If a part only of the Premises should be taken under eminent domain,
MUSKETEERS shall have the right to either terminate this Agreement or to continue in
possession of the remainder of the Premises. If MUSKETEERS remains in possession, all
of the terms hereof shall continue in eff ect, with the fees payable being reduced
proportionately for the balance of the Agreement term.
29. Remedies
In case of the failure or refusal of MUSKETEERS to comply with and perform each and all
of the terms and covenants on its part herein contained, this Agreement and all rights
hereby given shall, at the option of City, cease and terminate, and City shall have the right
forthwith to remove MUSKETEERS’ personal property from the Premises at the sole cost,
expense and risk of MUSKETEERS, which cost and expense MUSKETEERS agrees to
pay to City upon demand, together with interest thereon at the maximum rate allowed by
law, and all use fees due to date from the date of expenditure by City.
30. Attorney Fees
In case City shall bring suit to compel performance of or to recover for breach of any
covenant, agreement, or condition herein contained and such suit results in a judgment for
City, MUSKETEERS will pay to City attorney fees in addition to the amount of judgment.
31. Notices and Payments
All notices required under this Agreement including change of address shall be in writing,
and all notices and payments shall be made as follows:
All payments and notices to MUSKETEERS shall be given or mailed to MUSKETEERS at
the address listed below and addressed to the current MUSKETEERS Regional
Commissioner. It is the responsibility of MUSKETEERS to notify City when there has been
a change with regard to the individual serving as Regional Commissioner and to provide
the City with name, address, and 24-hour contact phone number of the new Commissioner.
Moorpark Musketeers Youth Football
Isaac ReyesShawn Lammer
207 West Los Angeles Avenue
P.O. Box #2314215 Tierra Rejada Road, #178
Moorpark, CA 93021
All notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
193
32. 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.
33. Gender and Number
For the purpose of this Agreement wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall include the
plural and the plural number shall include the singular, wherever the context so requires.
34. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to be
used in interpreting or construing the terms, covenants, and conditions of this Agreement.
35. 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.
36. Venue
This Agreement is made, entered into, executed in Ventura County, California, and any
action filed in any court for arbitration for the interpretation, enforcement or other action of
the terms, conditions or covenants referred to herein shall be filed in the applicable court in
Ventura County, California.
37. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous negotiations and understandings between the parties. There are no
representations, warranties, or commitments, oral or written, other than those expressly set
forth herein.
194
38. Authority to Execute Agreement
The person executing this Agreement on behalf of MUSKETEERS warrants and represents
that he/she has the authority to execute this Agreement on MUSKETEERS’ behalf and has
the authority to bind MUSKETEERS to the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK MOORPARK PACKERS,
dba MOORPARK MUSKETEERS
YOUTH FOOTBALL
_______________________________ _______________________________
Troy Brown Shawn LammerIsaac Reyes
City Manager President
Attest:
_________________________________
Ky SpanglerMaureen Benson
City Clerk
Attachments: A: Premises
B: Insurance Requirements
195
Attachment A
Premises
FALL SEASON:
Athletic field #4 & #5, Monday through Friday
Storage room
TOURNAMENTS:
Up to ten (10) athletic fields
Storage room
WINTER SEASON AND ALL OTHER USE:
Athletic field #4 and #5
Storage room
Arroyo Vista Community Park
196
Attachment B
Insurance Requirements
MUSKETEERS shall secure, pay for, and maintain in full force and effect for the duration of this
Agreement a policy of comprehensive insurance as detailed below from a good and responsible
company or companies authorized to do insurance business in the State of California, with a Best
Rating / FPR of no less than A-. Policies shall bear an endorsement or shall have attached a rider
whereby it is provided that, in the event of amendment or cancellation of such policy for any
reason whatsoever, City shall be notified by registered mail, postage prepaid, return receipt
requested, not less than thirty (30) days before the amendment or c ancellation is effective.
MUSKETEERS shall furnish a Certificate of Liability Insurance and Insurance Endorsement ,
subject to the City’s acceptance, to the City prior to execution of this Agreement. MUSKETEERS
agrees to have its insurer endorse, to the satisfaction of the City, the third partythird-party general
liability coverage required herein to include as additional insureds the City of Moo rpark and its
officials, employees, and agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached
thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to
MUSKETEERS or City.
B. Provide a minimum of $1,000,000.00 per occurrence with a minimum of $2,000,000
aggregate commercial general liability coverage.
C. MUSKETEERS’s policy shall be considered primary insurance with respect to any other
valid and collectible insurance the City may possess, including any self-insured retention the
City may have, and any other insurance the City does possess shall be considered excess and
shall not contribute to it.
2. AUTO INSURANCE
Business Auto Coverage, on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any
Auto), or the exact equivalent. Limits are subject to review, but in no event to be less than
$1,000,000.00 per accident. If MUSKETEERS owns no vehicles, this requirement may be satisfied
by a non-owned auto endorsement to the general liability policy described above. If
MUSKETEERS or MUSKETEERS’s employees, participants, associates, or volunteers will use
personal autos in any way during the performance of this Agreement, MUSKETEERS shall provide
evidence of personal auto liability for each such person.
3. WORKERS’ COMPENSATION INSURANCE
Workers’ Compensation Insurance, on a state-approved policy form providing statutory benefits as
required by law. MUSKETEERS shall furnish a Certificate of Insurance to the City within thirty (30)
days of execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrenc e
basis.
197
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK SOCCER CLUB, INC. FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
202118, between the CITY OF MOORPARK, a municipal corporation located in the County
of Ventura, State of California, hereinafter referred to as "City" and MOORPARK SOCCER
CLUB, INC., a nonprofit organization, hereinafter referred to as "MSC".
W I T N E S S E T H:
WHEREAS, youth sports programs are a valuable asset to the Moorpark community;
and
WHEREAS, MSC provides soccer programs for the youth of the Moorpark
community; and
WHEREAS, MSC desires to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation of facility
use agreements for Moorpark nonprofit youth sports organizations in order to provide
special conditions, priority use, and reduced use fees to the youth sports organizations.
NOW, THEREFORE, in consideration of the mutual covenants, benefits , and
premises contained herein, the parties hereto agree as follows:
1.Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to MSC, and MSC hereby accepts from City,
the use of certain real property and associated facilities and equipment at Campus Canyon
Park, hereinafter “CCP”, and Arroyo Vista Community Park, hereinafter “AVCP,” as
described below and in Attachment "A" attached hereto and by this reference incorporated
herein, together with any and all improvements thereon, all of which are hereinafter referred
to as the "Premises" for the following use periods:
A.During all use periods including the fall season, spring season, and other use periods
including but not limited to training clinics, camps, and advanced, specialized, or
year-round team practices not associated with a specific season, the athletic field at
CCP and the outfield portion and adjacent turf area of the ballfield, equivalent to an
athletic field, at CCP. One (1) athletic field at CCP may be substituted for an athletic
field at AVCP so long as such use does not interfere with American Youth Soccer
Organization Region 363 (AYSO), Moorpark Girls Softball Association (MGS), or
Moorpark Packers dba Moorpark Musketeers Youth Football (Musketeers) use of
Premises as identified in their respective Agreements. The fall season may start no
earlier than August 1 and conclude no later than December 31. The spring season
may start no earlier than February 1 and conclude no later than M ay 31.
Actual fields allocated may be less than described above, and shall be governed by the
ATTACHMENT 6
198
“Moorpark Parks and Recreation Master Plan” standard field allocations for games. Said
allocations for soccer shall be one (1) field per twelve (12) teams. One (1) City athletic
field shall be counted as one (1) to four (4) league fields, dependent on the size of the
field required for the age group. Fields allocated shall not exceed the following ratio:
One (1) athletic field for every twenty-four (24) teams in U10 Division and under.
One (1) athletic field for every twelve (12) teams in U12 Division and over.
At City’s sole discretion, other fields may be temporarily assigned to MSC if all, or a
portion of, fields listed above are not available due to closure f or maintenance or ,
use by City for its own programs, or any other reason as deemed appropriate by the
City Manager or his/her designated representative.
B. For up to three (3) tournaments per calendar year, up to ten (10) athletic fields and
four (4) ball field outfields at Arroyo Vista Community Park (AVCP). Each tournament
may not exceed two (2) weekends or four (4) total days. Weekends for each
tournament must be consecutive, unless facilities are not available due to City use,
holidays, maintenance, or other rental use. Tournament use is subject to availability
of fields, andfields and may not interfere with American Youth Soccer Organization
Region 363, Moorpark Girls Softball, or Moorpark Packers dba Moorpark Musketeers
Youth Football use of Premises as identified in their respective Agreements. .
For use of City facilities beyond or other than described above, MSC agrees to obtain a
Rental Permit and pay rental fees as described in the current Park Rental Rules and Park
Rental Fees Resolution.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 20182021,
and ending on June 30, 20212024, provided however, that City's obligations hereunder
shall be contingent upon MSC's payment in full of all use and related fees and fulfillment of
all obligations as set forth in this Agreement.
This Agreement may be terminated by either party with or without cause by providing
written notice no less than thirty (30) days in advance of such termination.
3. Use Fees
MSC agrees to pay the City Use Fees for the Premises as follows:
A. Hourly use fees for fields for facilities as described in Sections 1.A. and 1.B. of this
Agreement:
$8.75/hour for athletic fields
$6.00/hour for softball/baseball fields or open grass areas
B. Non-resident Fee: Single Family Equivalent park assessment per family, for children
199
registered in the league who reside outside of Moorpark city limits. The fee shall be
paid once per fiscal year per family. In the event a child, or his/her sibling(s),
participate in two or more youth sports organizations with approved facility use
agreements, the non-resident fee shall be equally divided among said youth sports
organizations.
MSC shall submit a registration roster, including names of non-resident participants,
and street addresses and zip codes of all participants (both resident and non -
resident), registered in the program within five (5) business days of the close of
registration for each use period for the purpose of verifying, assessing, and tracking
non-resident fees and ensuring compliance with minimum participant and residency
requirements. Rosters shall be submitted via email to the Recreation Division
manager in Excel workbook format.
City shall calculate non-resident fees due no later than May 30 of each year. MSC
shall be notified in writing of non-resident fees due no later than June 1. Non-
resident fees must be paid in full no later than June 25.
C.B. Staff Fees: Staff fees as described in the current City Council Staff Billing
Rates Resolution, as may be amended from time to time, for monitoring of and
maintenance during tournaments. Staff fees shall be paid for the duration of the
tournament.
Fees for use of the Premises must be paid in accordance with the following schedule.
Failure to pay fees when due will result in the denial or cancelation of the Rental Permit for
use under the Agreement:
A. $100 due at time of submission of Reservation Request.
B. 50% payment due within five (5) business days of issuance of approved Rental
Permit for seasonal use, full payment due within five (5) business days of issuance
of permit for tournaments or other use.
C. Balance of payment due within ten (10) business days of start of season for
seasonal use.
The City may adjust the Use Fees, referenced in this section on or before the beginning of
the new fiscal year, commencing on July 1 and ending June 30, by giving MSC written
notice by April 1.
Fees other than those specifically described above shall be charged and payable as
defined in the Park Rental Fees Resolution. This includes, but is not limited to, permit
application fees, change fees, vendor fees, security deposits, cancellation fees, refund
processing fees, and fees for use of City facilities other than Premises.
4. Refunds or Credits for Use Fees
Fees paid may be refunded or credited in accordance with the terms and conditions
established in the current Rules and Regulations Governing City Facility Rentals and
200
Rental Fees, Deposits, and Additional Charges for City Facility Rentals resoluti ons. Use
Fees paid may be refunded or credited under the following conditions:
A. The Premises are unusable due to inclement weather (temperatures below 45°F or
above 95°F, active precipitation, winds in excess of thirty (30) miles-per-hour, or
heavy fog), or conditions exist (as determined by City Manager or the City
Manager’s designee) which make the Premises unusable, such as water saturated
fields. MSC may also reschedule the canceled date, within the time frames and
maximum use allowed by this Agreement.
B. A request for cancellation for a date or dates reserved and paid for under the
Agreement is received thirty (30) calendar days or more in advance of the
scheduled date or dates.
For requests for cancellations received between twenty-nine (29) and five (5) calendar days
prior to the scheduled date, MSC may reschedule the canceled date, within the time frames
and maximum use allowed by this Agreement.
No refunds or credits will be issued for requests for cancellations received less than five (5)
calendar days in advance, and the canceled date or dates may not be rescheduled.
5. Use
The Premises shall be used for MSC’s authorized games, practices, and training sessions.
The Premises shall be used as specified in this Agreement only, andonly and shall not be
used for any other purpose without the prior written consent of the City Manager or the City
Manager’s designee. Subletting of premises is not allowed.
A schedule of times and days requested for use of Premises (Reservation Request) shall
be furnished to the Parks and Recreation Director (PR Director) or the PR Director
designee for the City’s approval as follows:
A. Fall season: On or before July 15. Fields not requested for reservation by MSC for
the fall season by this date will be available to the public and MSC will not ha ve
priority use of them.
B. Spring season: On or before January 15. Fields not requested for reservation by
MSC for the spring season by this date will be available to the public and MSC will
not have priority use of them.
C. Tournaments: At least sixty (60) calendar days prior to the first day of tournament
play.
D. All other use: At least thirty (30) calendar days prior to the start of the use period.
The Reservation Request must be provided on the “Park Facility Reservation Application
Youth Sports Organizations” form for seasonal use, and on the “Tournament Reservation
Application” form for tournaments. A separate Reservation Request must be submitted for
each use period (including fall season, spring season, all-stars, tournaments, training
201
clinics, camps, and other use periods.)
Reservation Requests not submitted by the above stated deadlines, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation Requests submitted after the above stated deadlines will forfeit priority use
over other renters, will not be eligible for the reduced hourly field Use Fees as described in
3.A. of this Agreement, and will be processed and fees charged in accordance with the
Park Rental Rules and Park Rental Fees Resolutions.
The City shall provide MSC with an approved Rental Permit based on each Reservation
Request detailing the dates and times MSC is authorized to use Premises. Requested
changes to the approved Rental Permit must be submitted to City in writing. All requested
changes must be approved by City.
The approved Rental Permit may contain additional conditions or special requirements.
These may include but are not limited to the requirement of portable toilets and trash and
recycle dumpsters for tournaments, permission for overnight security for tournaments, and
vendor requirements. MSC shall abide by all conditions and requirements on the approved
Rental Permit.
MSC may be required to provide practice and/or game schedules to demonstrate that all
reserved fields are being utilized. If any reserved field is not utilized by MSC a total of three
times during a season or reserved period of use, the field(s) reservations may be cancelled
and removed from the reservation permit. MSC will be notified by City staff when it has
been determined that one or more fields are not being used, and prior to cancellation of the
field reservation.
At all times, City retains the right to use Premises for City sponsored and co -sponsored
events upon no less than thirty (30) days written notice to MSC.
The general public shall have access to and use of Premises at times not included in the
approved Rental Permit. MSC shall not have priority use of Premises outside of the
approved Rental Permit.
6. General Conditions
A. In order to retain rights under this agreement, MSC shall maintain status as a 501
(c) (3) nonprofit corporation chartered within the City of Moorpark. MSC agrees to
provide City with proof of nonprofit status and a certified accounting of its financial
status each year.
The annual financial accounting shall include: 1) a budget summary of actual
revenue and expenditures from MSC’s prior fiscal year; 2) a budget summary of
estimated revenue and expenditures for MSC’s current fiscal year; and 3) a bank
statement or account summary to verify information provided in budgets. The
financial accounting and proof on nonprofit status shall be submitted with the “Youth
Sports Organization Information Sheet” on or before January 15 of each year.
202
B. In order to retain rights under this Agreement, MSC must register and maintain a
minimum of seventy-five (75) players. Additionally, a minimum of seventy-five
percent (75%) of participants must reside within Moorpark city limits. MSC shall
provide City with registration rosters as described in 3.C. of this Agreement.
C. MSC shall submit annually to the City a completed “Youth Sports Organization
Information Sheet,” the form of which shall be as provided by the City. The
information sheet for each calendar year shall be submitted no later than Jan uary
15.
D. MSC shall submit to City a Certificate of Authorized Signatories, with names and
signatures of those authorized to sign documents on behalf of MSC. A new form
shall be submitted any time the list of authorized signatories changes.
E. MSC agrees to obtain a Rental Permit and pay rental fees as required by section
12.16.160 of the Moorpark Municipal Code (MMC) for all use of City facilities not
included in the “Premises” and “Use” sections of this Agreement. MSC further
agrees to notify all coaches and participants of the City’s rules and regulations
governing City park rentals, andrentals and shall prohibit any coach or participant
from interfering with a permitted park rental.
7. Wet Field Policy
MSC agrees to abide by the terms of the Wet Field Policy as described in the Rules and
Regulations Governing City Park Rentals Resolution, as may be amended from time to
time, to preserve the quality and life of the fields and promote a safe playing environment.
The Wet Field Policy applies to conditions due to precipitation, over-watering, irrigation
system problems, or other circumstances that may result in wet fields. When fields are
sufficiently wet such that their use may lead to turf damage or bodily injury, they will be
closed to all use at the City Manager’s or the City Manager’s designee’s sole discretion.
Fields are closed under the following conditions:
A. Rain (with the exception of light drizzle if the ground is relatively hard and dry prior
to the start of the drizzle).
B. Standing water/ponding or mud is present.
C. Water gathers around the sole of a shoe.
D. Footprints leave an impression in the turf.
E. Other conditions deemed unsuitable for recreational activities as determined by the
City Manager or the City Manager’s designee.
8. Signs
MSC agrees not to permit the construction or placement of any sign, signboard, or other
form of outdoor advertising on the Premises without the prior written consent of the City
Manager or the City Manager’s designee. In the event of a violation of this provision by
203
MSC or any oneanyone claiming under MSC, MSC hereby authorizes City as MSC's Agent,
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 MSC who agrees to pay the same
upon demand.
This provision does not prohibit 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.
MSC further agrees to abide by the City’s Sign Ordinance regarding the placement of signs
at any location other than Premises.
9. Vendors
Vendors are not permitted without the prior written authorization of the City Manager or the
City Manager’s designee. Vendors are subject to the following conditions:
A. Vendors must complete the City’s vendor application form.
B. Vendors must be self-contained.
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the American with Disabilities Act (ADA).
Vendors must have a current Moorpark business registration permit as required by
MMC 5.08 (Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
MSC must pay to the City vendor fees as described in the current Park Rental Fees
resolution.
10. Indemnification and Hold Harmless
MSC hereby agrees to hold harmless and indemnify City, its officials, agents, and
employees, and its successors and assigns, from and against all claims, loss, damage,
actions, causes of actions, expense (including costs of fees and expenses for legal
services) and/or liability arising or growing out of loss or damage or destruction to property,
including City's own personal property, or injury to or death of persons, including
employees of City, resulting in any manner whatsoever directly or indirectly, by reason of
this Agreement or the use of City facilities by MSC or any person claiming use under or
through MSC unless such loss, damage, injury, or death is due to the sole negligence of
the City. MSC shall also hold the City harmless from all costs and ex penses, including
costs of investigation arising out of or incurred in the defense of any claim, proceeding, or
action brought for injury to persons or damage to property, resulting from or associated with
the use of City facilities under this Agreement and shall further save and hold harmless the
City from any and all orders, judgments, and decrees which may be entered in any and all
such suit or actions. MSC and all others using said facilities under this Agreement hereby
204
waive any and all claims against the City of damage to persons or property in, or about City
facilities.
The City does not, and shall not, waive any rights that it may have against MSC by reason
of this Section, because of the acceptance by the City, or the deposit with the City, of any
insurance policy or certificate required pursuant to this Agreement. Said hold harmless and
indemnification provision shall apply regardless of whether or not said insurance policies
are determined to be applicable to the claim, demand, damage, liabilit y, loss, cost or
expense described in this Section. The provisions of this Section shall survive the
expiration or termination of this Agreement. The provisions of this Section shall apply to all
use of City facilities by MSC pursuant to this Agreement. Failure of City to monitor
compliance with requirement set forth in this Agreement imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11. Liability Insurance
MSC shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Attachment “B” attached hereto and incorporated herein
by this reference as though set forth in full. The provisions of this Section shall apply to all
use of City facilities by MSC pursuant to this Agreement.
12. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be
done at City’s sole discretion and shall be performed by City force account or by City’s
authorized agent unless approved by City Manager or the City Manager’s designee in
writing. All maintenance authorized to be performed by MSC shall adhere to City
specifications and standards.
A. During use under this Agreement, MSC shall be responsible to perform the following
maintenance on Premises at MSC’s sole cost and expense:
1. Mark soccer field lines using only an approved water-based acrylic paint,
manufactured specifically for marking lines on sports turf and athletic fields.
Athletic field paint may not contain calcium carbonate, vinyl copolymers,
herbicides (including growth inhibitors), or pesticides.
2. Maintain, install, secure, and properly anchor soccer goals in a manner and
location as approved in writing by City Manager or the City Manager’s
designee. Nets and goals shall be free from defects, and in good working
condition. Nets and goals shall be maintained, repaired, and/or replaced as
needed at MSC’s sole cost and expense. Nets or goals in need of repair shall
be removed from play, locked, and stored until repaired. Prior to use, goals
shall be properly anchored to the ground with mounting hardware supplied or
approved by the goal manufacturer. MSC shall attempt to vary the placement
of the goals periodically to maintain the integrity of the turf and shall consult
with City to identify mutually agreeable locations prior to installation (field
205
layout approval). Goals shall be secured and stored at a location on
Premises mutually agreed upon in writing by MSC and City when not in
active use for games or practices. Goals and nets may be placed the night
before for morning games or practices beginning earlier than 11:00 a.m.
Goals may be placed no earlier than two hours prior to the start of a game or
practice for games or practices starting at 11:00 a.m. or later. Goals must be
stored no later than two hours after the conclusion of a game or practice.
3. Pick up trash and recycle materials on and within 100’ around Premises and
provide for additional trash containers as needed. Trash and recycling
containers shall be emptied when they are no more than seventy-five percent
(75%) full, with trash and recycle materials placed in the appropriate trash or
recycle container bin. Additionally, recycle material shall be removed from
the liner and placed in the appropriate recycling bin. All recycle and trash
receptacles shall be installed with trash liners. Liners shall be supplied by
MSC. Trash liners shall be black in color and 1.5 mill or better, and recycle
liners shall be clear, unless otherwise approved by the City.
4. Remove graffiti from goals within seventy-two (72) hours of notification to do
so. All cleaning products used must be approved by City. If MSC fails to
remove graffiti as described in this section, MSC authorizes City to remove
graffiti and to charge the cost and expense of such removal to MSC, who
agrees to pay the same upon demand.
5. MSC shall remove their goals from Premises after each season for storage at
a location on Premises mutually agreed upon in writing by MSC and City.
B. City shall be responsible to perform the following:
1. Irrigate, mow, fertilize, and aerate at City’s expense turf areas within
Premises.
C. City shall not be obligated to repair, replace or maintain the Premises in any manner
throughout the term of this Agreement. City shall not b e obligated to perform any
precautionary or preventative measures with respect to the Premises, including, but
not limited to drainage and flood control measures. Should City perform any of the
foregoing, such services shall be at the sole discretion of City, and the performance
of such services shall not be construed as an obligation or warranty by City of the
future or ongoing performance of such services. City shall determine maintenance
specifications.
D. City agrees to allow MSC to access the field portion of Premises with no more than
two (2) vehicles for the specific purpose of setting up and taking down equipment
only. Vehicles shall not exceed a gross vehicle weight (GVW) of 5,400 pounds and
may only include golf carts, utility vehicles (“Gators”), or all-terrain vehicles (ATVs).
Vehicles must be equipped with turf tires. MSC agrees not to use vehicles on the
field whenever the ground is wet, for whatever reason, without obtaining the City
Manager’s or the City Manager’s designee’s written approval. MSC further agrees
206
that only licensed drivers age eighteen (18) or older may drive said vehicles. MSC
agrees to immediately report to City any damage to Premises caused by use of
vehicles on Premises. MSC further agrees to repair any damage caused by MSC’s
use of vehicles at MSC’s sole cost and expense to the satisfaction of the City.
Except as described above, use of any other vehicle on any area other than
roadways and parking lots requires the advance written approval of City.
13. Improvements
MSC shall not make any alterations, additions, or improvements upon the Premises without
the prior written consent of the City Manager or the City Manager’s designee. Requests to
make alterations, additions, or improvements must be submitted to the City in writi ng no
less than fifteen (15) business days prior to the desired start date for work.
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be perform ed and
maintained at MSC’s sole cost and expense in strict accord with all federal, state, county,
and local laws, ordinances, codes, and standards relating thereto, including ADA
requirements. Performance of work shall be subject to City monitoring and in spection. At
City’s sole discretion, work may be stopped if it does not conform to City specifications and
standards.
Unless otherwise expressly agreed to in writing by the City Manager or the City Manager’s
designee, any alterations, additions, and improvements shall remain on and be
surrendered with the Premises upon the expiration or termination of this Agreement. MSC
shall timely pay all costs associated with any and all improvements, and shall keep the
Premises free and clear of all mechanics liens. MSC agrees to and shall indemnify,
defend, and save City free and harmless against all liability, loss, damage, costs, attorney
fees and other expenses of any nature resulting from any MSC alterations, additions, or
improvements to the Premises.
If MSC discontinues use of Premises for a period of eighteen (18) consecutive months , all
improvements to Premises not already owned by City shall become the property of the City
unless otherwise authorized by the City Manager or the City Manager’s designee in writing.
14. Amplified Sound
MSC agrees not to use amplified sound without the prior written authorization of the City
Manager or the City Manager’s designee. MSC agrees to abide by the provisions regulating
amplified sound as set forth in sections 12.16 (Parks and Open Space), and 17.53 (Noise),
of the MMC.
15. Flammable Material, Waste, and Nuisances
MSC agrees that it will not place or store any flammable materials on the Premises, that it
will not commit any waste or damage, nor suffer any to be done. MSC also specifically
207
agrees that it will not allow others to take such actions on the Premises. MSC further
agrees that it will keep the Premises clean, free from weeds, rubbish, and debris and in a
condition satisfactory to City.
MSC shall also provide adequate controls for dust, odors, and noise which may emanate
from the Premises or from MSC's activities on adjacent property and take appropriate steps
necessary to prevent dust contamination of City's facilities located on, near or adjacent to
the Premises. MSC agrees to take preventative action to eliminate such dust, odor, noise,
or any other nuisance which may disturb the adjacent or nea rby community and agrees to
be responsible for and to assume all liability for such dust, odor, noise, or other nuisance
disturbances. MSC also agrees that it shall not use amplified sound or field lighting on
Premises for any reason, without the prior written consent of the City Manager or the City
Manager’s designee.
16. Pesticides and Herbicides
MSC agrees that prior to any application of either pesticides or herbicides, it shall receive
written consent from City, and further any pesticide or herbicid e applications on the
Premises shall be made in accordance with all federal, state, county, and local laws. MSC
further agrees to dispose of any pesticides, herbicides, or any other toxic substances which
are declared to be either a health or environmenta l hazard in such a manner as prescribed
by law. This shall include, but shall not be limited to, contaminated containers, clothing,
equipment, or any other contaminated material.
17. Hazardous Materials Indemnity
MSC hereby agrees to indemnify and hold harmless City, and its respective officers,
employees, and agents, from and against any and all claims, actions, losses, liabilities, costs
and expenses: (a) including, without limitation, all foreseeable and all unforeseeable
consequential damages, directly or indirectly arising out of the use, generation, storage, or
disposal of Hazardous Material on the Premises by MSC; and (b) including, without limitation,
the cost of any required or necessary repair, cleanup, or detoxification and the preparation of
any closure or other required plans, to the full extent that such action is attributable, directly
or indirectly, to the presence, or use, generation, storage, release, threatened release, or
disposal of Hazardous Materials on the Premises by MSC. As used in this Section,
Hazardous Materials means any flammable explosives, radioactive materials, asbestos,
PCBs, hazardous water, toxic substances of related materials, including, without limitation,
substances, defined as "hazardous substances", "hazardous materials", or "toxic
substances" in the Comprehensive Environmental Response, Compensation and Liability Act
of 1980, as amended, 42 USC, Section 9601, et seq.; the Resource Conservation and
Recovery Act, 42 USC, Section 6901, et seq.; the Toxic Substances Control Act, 15 USC,
Section 2601, et seq.; any other federal, state, or local law applicable to the Premises; and in
the rules and regulations adopted or promulgated under or pursuant to any of said laws. The
provisions of this Section shall survive the expiration or earlier termination of this Agreement.
208
18. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof, and
for the purpose of providing maintenance and making such repairs as City desires to make.
19. Governing Law
MSC agrees that in the exercise of its rights under this Agreement, MSC shall comply with
all applicable federal, state, county, and local laws and regulations in connection with its
use of the Premises, including but not limited to the ADA. The existence, validity,
construction, operation, and effect of this Agreement and all of its terms and provisions
shall be determined in accordance with the laws of the state of California.
20. Discrimination
MSC agrees not to discriminate against any person or class of persons by reason of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status of such person; or any
other basis protected by applicable federal, state, or local law in the use of the Premises.
21. Assignment and Subletting
MSC shall not assign this Agreement, or any interest therein, and shall not assign use of
the Premises or any part thereof, or any right or privilege appurtenant thereto , or suffer any
other person (the agents and servants of MSC excepted) to occupy or use the Premises, or
any portion thereof, without the prior written consent of the City Manager or the City
Manager’s designee. A consent to one assignment, subletting, occ upation, or use by
another person shall not be deemed to be a consent to any subsequent assignment,
subletting, occupation, or use by another person. This Agreement shall not, nor shall any
interest therein, be assignable, as to the interest of MSC, by operation of law, without the
written consent of the City Manager or the City Manager’s designee. Any assignment or
subletting without such consent shall be void, and shall, at the option of the City, terminate
this Agreement. No legal title or interest in Premises is created or vested in MSC by this
Agreement.
22. Insolvency or Bankruptcy
If MSC shall be adjudged bankrupt or insolvent, this Agreement shall thereupon
immediately terminate and the same shall not be assignable by any process of law, or be
treated as an asset of the MSC under such adjudication, nor shall it pass under the control
of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or by
execution or assignment for the benefit of creditors. If any such event occu rs, this
Agreement shall immediately become null and void and of no effect, and City may
thereupon repossess said Premises and all rights of the MSC thereupon shall cease and
terminate.
209
23. Default or Breach
Except as otherwise provided, at any time one party to this Agreement is in default or
breach in the performance of any of the terms and conditions of this Agreement, the other
party shall give written notice to remedy such default or breach. If default or breach is
remedied within thirty (30) days following such notice, then this Agreement shall continue in
full force and effect. If such default or breach is not remedied within thirty (30) days
following such notice or if the nature of the default is such that it cannot reasonably be
cured within thirty (30) days, if MSC fails to commence to cure within the thirty (30) day
period, the other party may, at its option, terminate this Agreement. Such termination shall
not be considered a waiver of damages or other remedies available to either party because
of such default or breach. Each term and condition of this Agreement shall be deemed to
be both a covenant and a condition.
24. 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.
25. Waiver
A waiver by either party or any default or breach by the other party in the performance of
any of the covenants, terms or conditions of this Agreement shall not constitute or be
deemed a waiver of any subsequent or other default or breach.
26. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
27. Condemnation
If the whole of the Premises should be taken by a public authority under the power of
eminent domain, then the term of this Agreement shall cease on the day of possession by
the public authority. If a part only of the Premises should be taken under eminent domain,
MSC shall have the right to either terminate this Agreement or to continue in possession of
the remainder of the Premises. If MSC remains in possession, all of the terms hereof shall
continue in effect, with the fees payable being reduced proportionately for the balance of
the Agreement term.
210
28. Remedies
In case of the failure or refusal of MSC to comply with and perform each and all of the
terms and covenants on its part herein contained, this Agreement and all rights hereby
given shall, at the option of City, cease and terminate, and City shall have the right forthwith
to remove MSC's personal property from the Premises at the sole cost, expense and risk of
MSC, which cost and expense MSC agrees to pay to City upon demand, together with
interest thereon at the maximum rate allowed by law, and use fees due to date from the
date of expenditure by City.
29. Attorney Fees
In case City shall bring suit to compel performance of or to recover for breach of any
covenant, agreement, or condition herein contained and such suit results in a judgment for
City, MSC will pay to City attorney fees in addition to the amount of judgment.
30. Notices and Payments
All notices required under this Agreement including change of address shall be in writing,
and all notices and payments shall be made as follows:
All payments and notices to MSC shall be given or mailed to MSC at the address listed
below and addressed to the current MSC Regional Commissioner. It is the responsibility of
MSC to notify City when there has been a change with regard to the individual serving as
Regional Commissioner and to provide the City with name, address, and 24-hour contact
phone number of the new Commissioner.
Moorpark Soccer Club, Inc.
PresidentFernando Grajeda
P.O. Box 373
Moorpark, CA 93020
All notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
211
31. 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.
32. Gender and Number
For the purpose of this Agreement wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall include the
plural and the plural number shall include the singular, wherever the context so requires.
33. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to be
used in interpreting or construing the terms, covenants, and conditions of this Agreement.
34. 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.
35. Venue
This Agreement is made, entered into, executed in Ventura County, California, and any
action filed in any court for arbitration for the interpretation, enforcement or other action of
the terms, conditions or covenants referred to herein shall be filed in the applicable court in
Ventura County, California.
36. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous negotiations and understandings between the parties. There are no
representations, warranties, or commitments, oral or written, other than those expressly set
forth herein.
212
37. Authority to Execute Agreement
The person executing this Agreement on behalf of MSC warrants and represents that
he/she has the authority to execute this Agreement on MSC’s behalf and has the authority
to bind MSC to the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK MOORPARK SOCCER CLUB, INC.
_______________________________ _______________________________
Troy Brown Fernando GrajedaFrank Paletta
City Manager President
Attest:
_________________________________
Maureen BensonKy Spangler
City Clerk
Attachments: A: Premises
B: Insurance Requirements
213
Attachment A
Premises
Campus Canyon Park
Athletic Field
Outfield and adjacent turf
Tournaments:
Arroyo Vista
Community Park
Up to 10 athletic
fields and 4 ball
field outfields
214
Attachment B
Insurance Requirements
MSC shall secure, pay for, and maintain in full force and effect for the duration of this Agreement a
policy of comprehensive insurance as detailed below from a good and responsible company or
companies authorized to do insurance business in the State of California, with a Best Rating / FPR
of no less than A-. Policies shall bear an endorsement or shall have attached a rider whereby it is
provided that, in the event of amendment or cancellation of such policy for any reason whatsoever,
City shall be notified by registered mail, postage prepaid, return rece ipt requested, not less than
thirty (30) days before the amendment or cancellation is effective. MSC shall furnish a Certificate of
Liability Insurance and Insurance Endorsement, subject to the City’s acceptance, to the City prior to
execution of this Agreement. MSC agrees to have its insurer endorse, to the satisfaction of the City,
the third partythird-party general liability coverage required herein to include as additional insureds
the City of Moorpark and its officials, employees, and agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or an y subsequent endorsement attached
thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to MSC or City.
B. Provide a minimum of $1,000,000.00 per occurrence with a minimum of $2,000,000
aggregate commercial general liability coverage.
C. MSC’s policy shall be considered primary insurance with respect to any other valid and
collectible insurance the City may possess, including any self-insured retention the City may
have, and any other insurance the City does possess shall be considered excess and shall not
contribute to it.
2. AUTO INSURANCE
If MSC’s employees, volunteers, and contractors will u se personal autos in any way during the
performance of this Agreement, MSC shall ensure the employees, volunteers, and contractors
maintain automobile insurance that meet, at minimum, current statutory requirements and provide
proof of this insurance to the City, if requested.
3. WORKERS’ COMPENSATION INSURANCE
Workers’ Compensation Insurance, on a state-approved policy form providing statutory benefits as
required by law. MSC shall furnish a Certificate of Insurance to the City within thirty (30) days of
execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrence
basis.
215
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
UNITED STATES YOUTH VOLLEYBALL LEAGUE
FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
20182021, between the CITY OF MOORPARK, a municipal corporation located in the
County of Ventura, State of California, hereinafter referred to as "City" and UNITED
STATES YOUTH VOLLEYBALL LEAGUE, a nonprofit organization, hereinafter referred to
as "USYVL".
W I T N E S S E T H:
WHEREAS, youth sports programs are a valuable asset to the Moorpark community;
and
WHEREAS, USYVL provides volleyball programs for the youth of the Moorpark
community; and
WHEREAS, USYVL desires to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation of facility
use agreements for Moorpark nonprofit youth sports organizations in order to provide
special conditions, priority use, and reduced use fees to the youth sports organizations.
NOW, THEREFORE, in consideration of the mutual covenants, benefit s, and
premises contained herein, the parties hereto agree as follows:
1.Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to USYVL, and USYVL hereby accepts from
City, the use of certain real property and associated facilities and equipment at Mammoth
Highlands Park, hereinafter “MHP,” as described below and in Attachment "A" attached
hereto and by this reference incorporated herein, together with any and all impro vements
thereon, all of which are hereinafter referred to as the "Premises" for the following use
periods:
A.During the fall and spring seasons and other use periods including but not limited to
tournaments, training clinics, camps, and advanced, specialized, or year-round team
practices not associated with a specific season: Athletic field. The fall season shall
start no earlier than August 1 and conclude no later than November 30. The spring
season shall start no earlier than March 1 and conclude no later than June 30.
B.At City’s sole discretion, other fields may be temporarily assigned to USYVL if all, or
a portion of, field listed above is not available due to closure for maintenance or, use
by City for its own programs, or any other reason as deemed appropriate by the City
Manager or his/her designated representative.
ATTACHMENT 7
216
For use of City facilities beyond or other than described above, USYVL agrees to obtain a
Rental Permit and pay rental fees as described in the current Park Rental Rules and Park
Rental Fees Resolutions.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 20182021,
and ending on June 30, 20212024, provided however, that City's obligations hereunder
shall be contingent upon USYVL's payment in full of all use and related fees and fulfillment
of all obligations as set forth in this Agreement.
This Agreement may be terminated by either party with or without cause by providing
written notice no less than thirty (30) days in advance of such termination.
3. Use Fees
USYVL agrees to pay the City Use Fees for the Premises as follows:
A. Hourly use fees for fields as described in Section 1.A. of this Agreement:
$8.75/hour for athletic fields
$6.00/hour for softball/baseball fields or open grass areas
B. Non-resident Fee: Single Family Equivalent park assessment per family, for children
registered in the league who reside outside of Moorpark city limits. The fee shall be
paid once per fiscal year per family. In the event a child, or his/her sibling(s),
participate in two or more youth sports organizations with approved facility use
agreements, the non-resident fee shall be equally divided among said youth sports
organizations.
USYVL shall submit a registration roster, including names of non -resident
participants, and street addresses and zip codes of all participants (both resident
and non-resident), registered in the program within five (5) business days of the
close of registration for each use period for the purpose of verifying, assessing, and
tracking non-resident fees and ensuring compliance with minimum participant and
residency requirements. Rosters shall be submitted via email to the Recreation
Division manager in Excel workbook format.
City shall calculate non-resident fees due no later than May 30 of each year. USYVL
shall be notified in writing of non-resident fees due no later than June 1. Non-
resident fees must be paid in full no later than June 25.
C.B. Staff Fees: Staff fees as described in the current City Council Staff Billing
Rates Resolution, as may be amended from time to time, for monitoring of and
maintenance during tournaments. Staff fees shall be paid for t he duration of the
tournament.
Fees for use of the Premises must be paid in accordance with the following schedule.
Failure to pay fees when due will result in the denial or cancelation of the Rental Permit for
217
use under the Agreement:
A. $100 due at time of submission of the Reservation Application.
B. 50% payment due within five (5) business days of issuance of approved Rental
Permit for seasonal use, full payment due within five (5) business days of issuance
of the approved Rental Permit for tournaments or other use.
C. Balance of payment due within ten (10) business days of start of season for
seasonal use.
The City may adjust the Use Fees, referenced in this section on or before the beginning of
the new fiscal year, commencing on July 1 and ending June 30, by giving USYVL written
notice by April 1.
Fees other than those specifically described above shall be charged and payable as
defined in the Park Rental Fees Resolution. This includes, but is not limited to, permit
application fees, change fees, vendor fees, security deposits, cancellation fees, refund
processing fees, and fees for use of City facilities other than Premises.
4. Refunds or Credits for Use Fees
Fees paid may be refunded or credited in accordance with the terms and conditions
established in the current Rules and Regulations Governing City Facility Rentals and
Rental Fees, Deposits, and Additional Charges for City Facility Rentals r esolutions. Use
Fees paid may be refunded or credited under the following conditions:
A. The Premises are unusable due to inclement weather (temperatures below 45°F or
above 95°F, active precipitation, winds in excess of thirty (30) miles-per-hour, or
heavy fog), or conditions exist (as determined by City Manager or the City
Manager’s designee) which make the Premises unusable, such as water saturated
fields. USYVL may also reschedule the canceled date, within the time frames and
maximum use allowed by this Agreement.
B. A request for cancellation for a date or dates reserved and paid for under the
Agreement is received thirty (30) calendar days or more in advance of the
scheduled date or dates.
For requests for cancellations received between twenty-nine (29) and five (5) calendar days
prior to the scheduled date, USYVL may reschedule the canceled date, within the time
frames and maximum use allowed by this Agreement.
No refunds or credits will be issued for requests for cancellations received less than five (5)
calendar days in advance, and the canceled date or dates may not be rescheduled.
5. Use
The Premises shall be used for USYVL’s authorized games, practices, and training
sessions. The Premises shall be used as specified in this Agreement only, andonly and
218
shall not be used for any other purpose without the prior written consent of the City
Manager or the City Manager’s designee. Subletting of premises is not allowed.
A schedule of times and days requested for use of Premises shall be furnished to the
Director of Parks and Recreation Director (PR Director) or the PR Director designee for the
City’s approval as follows:
A. Fall season: On or before July 15. Fields not requested for reservation by USYVL for
the fall season by this date will be available to the public and USYVL will not have
priority use of them.
B. Spring season: On or before February 15. Fields not requested for reservation by
USYVL for the spring season by this date will be available to the public and USYVL
will not have priority use of them.
C. Tournaments: At least sixty (60) calendar days prior to the first day of tournament
play.
D. All other use: At least thirty (30) calendar days prior to the st art of the use period.
The Reservation Request must be provided on the “Park Facility Reservation Application
Youth Sports Organizations” form for seasonal use, and on the “Tournament Reservation
Application” form for tournaments. A separate Reservation Request must be submitted for
each use period (including fall season, spring season, all-stars, tournaments, training
clinics, camps, and other use periods.)
Reservation Requests not submitted by the above stated deadlines, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation Requests submitted after the above stated deadlines will forfeit priority use
over other renters, will not be eligible for the reduced hourly field Use Fees as described in
3.a. of this Agreement, and will be processed and fees charged in accordance with the
Park Rental Rules and Park Rental Fees Resolutions.
The City shall provide USYVL with an approved Rental Permit based on each Reservation
Request detailing the dates and times USYVL is authorized to use Premises. Requested
changes to the approved Rental Permit must be submitted to City in writing. All requested
changes must be approved by City.
The approved Rental Permit may contain additional conditions or special requirements.
These include but are not limited to the requirement of portable toilets and tras h and
recycle dumpsters for tournaments, permission for overnight security for tournaments, and
vendor requirements. USYVL shall abide by all conditions and requirement s on the
approved Rental Permit.
USYVL may be required to provide practice and/or game schedules to demonstrate that all
reserved fields are being utilized. If any reserved field is not utilized by USYVL a total of
three times during a season or reserved period of use, the field(s) reservations may be
cancelled and removed from the reservation permit. USYVL will be notified by City staff
219
when it has been determined that one or more fields are not being used, and prior to
cancellation of the field reservation.
At all times, City retains the right to use Premises for City sponsored and co -sponsored
events upon no less than thirty (30) days written notice to USYVL. The general public shall
have access to and use of Premises at times not included in the approved Rental Permit.
USYVL shall not have priority use of Premises outside of the approved Rental Permit.
6. General Conditions
A. In order to retain rights under this agreement, USYVL shall maintain status as a 501
(c) (3) nonprofit corporation with a program located within the City of Moorpark.
USYVL agrees to provide City with proof of nonprofit status and a certified
accounting of its financial status each year.
The annual financial accounting shall include: 1) a budget summary of actual
revenue and expenditures from USYVL’s prior fiscal year; 2) a budget summary of
estimated revenue and expenditures for USYVL’s current fiscal year; and 3) a bank
statement or account summary to verify information provided in budgets. The
financial accounting and proof on nonprofit status shall be submitted with the “Youth
Sports Organization Information Sheet” on or before January 15 of each year.
B. In order to retain rights under this Agreement, USYVL must register and maintain a
minimum of fifty (50) players. Additionally, a minimum of seventy-five percent (75%)
of participants must reside within Moorpark city limits. USYVL shall provide City with
registration rosters as described in 3.C. of this Agreement.
C. USYVL shall submit annually to the City a completed “Youth Sports Organization
Information Sheet,” the form of which shall be as provided by the City. The
information sheet for each calendar year shall be submitted no later than January
15.
D. USYVL shall submit to City a Certificate of Authorized Signatories, with names and
signatures of those authorized to sign documents on behalf of USYVL. A new form
shall be submitted any time the list of authorized signatories changes.
E. USYVL agrees to obtain a Rental Permit and pay rental fees as required by section
12.16.160 of the Moorpark Municipal Code (MMC) for all use of City facilities not
included in the “Premises” and “Use” sections of this Agreement. USYVL further
agrees to notify all coaches and participants of the City’s rules and regulations
governing City park rentals, andrentals and shall prohibit any coach or participant
from interfering with a permitted park rental.
7. Wet Field Policy
USYVL agrees to abide by the terms of the Wet Field Policy as described in the Rules and
Regulations Governing City Park Rentals Resolution, as may be amended from time to
time, to preserve the quality and life of the fields and promote a safe playing environment.
The Wet Field Policy applies to conditions due to precipitat ion, over-watering, irrigation
220
system problems, or other circumstances that may result in wet fields. When fields are
sufficiently wet such that their use may lead to turf damage or bodily injury, they will be
closed to all use at the City Manager’s or the City Manager’s designee’s sole discretion.
Fields are closed under the following conditions:
A. Rain (with the exception of light drizzle if the ground is relatively hard and dry prior
to the start of the drizzle).
B. Standing water/ponding or mud is present.
C. Water gathers around the sole of a shoe.
D. Footprints leave an impression in the turf.
E. Other conditions deemed unsuitable for recreational activities as determined by the
City Manager or the City Manager’s designee.
8. Signs
USYVL agrees not to permit the construction or placement of any sign, signboard, or other
form of outdoor advertising on the Premises without the prior written consent of the City
Manager or the City Manager’s designee. In the event of a violation of this provision by
USYVL or any oneanyone claiming under USYVL, USYVL hereby authorizes City as
USYVL's Agent, 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 USYVL who
agrees to pay the same upon demand.
This provision does not prohibit 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.
USYVL further agrees to abide by the City’s Sign Ordinance regarding the placement of
signs at any location other than Premises.
9. Vendors
Vendors are not permitted without the prior written authorizati on of the City Manager or the
City Manager’s designee. Vendors are subject to the following conditions:
A. Vendors must complete the City’s vendor application form.
B. Vendors must be self-contained.
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the Americans with Disabilities Act (ADA).
Vendors must have a current Moorpark business registration permit as required by
MMC 5.08 (Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
221
USYVL must pay to the City vendor fees as described in the current Park Rental Fees
resolution.
10. Indemnification and Hold Harmless
USYVL hereby agrees to hold harmless and indemnify City, its officials, agents, and
employees, and its successors and assigns, from and against all claims, loss, damage,
actions, causes of actions, expense (including costs of fees and expenses for legal
services), and/or liability arising or growing out of loss or damage or destruction to property,
including City's own personal property, or injury to or death of persons, including
employees of City, resulting in any manner whatsoever directly or indirectly, by reason of
this Agreement or the use of City facilities by USYVL or any person claiming use under or
through USYVL unless such loss, damage, injury, or death is due to the sole negligence of
the City. USYVL shall also hold the City harmless from all costs and expenses, including
costs of investigation arising out of or incurred in the defense of any claim, proceeding, or
action brought for injury to persons or damage to property, resulting from or associated with
the use of City facilities under this Agreement and shall further save and hold harmless the
City from any and all orders, judgments, and decrees which may be entered in any and all
such suit or actions. USYVL and all others using said facilities under this Agreement
hereby waive any and all claims against the City of damage to pers ons or property in, or
about City facilities.
The City does not, and shall not, waive any rights that it may have against USYVL by
reason of this Section, because of the acceptance by the City, or the deposit with the City,
of any insurance policy or certificate required pursuant to this Agreement. Said hold
harmless and indemnification provision shall apply regardless of whether or not said
insurance policies are determined to be applicable to the claim, demand, damage, liability,
loss, cost or expense described in this Section. The provisions of this Section shall survive
the expiration or termination of this Agreement. The provisions of this Section shall apply to
all use of City facilities by USYVL pursuant to this Agreement. Failure of City to monito r
compliance with requirement set forth in this Agreement imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11. Liability Insurance
USYVL shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Attachment “B” attached hereto and incorporated herein
by this reference as though set forth in full. Coverage shall apply to all use of City facilities
by USYVL pursuant to this Agreement.
12. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be
done at City’s sole discretion and shall be performed by City force account or by City’s
authorized agent unless approved by the City Manager or the City Manager’s designee in
writing. All maintenance authorized to be performed by USYVL shall adhere to City
specifications and standards.
222
A. During use under this Agreement, USYVL shall be responsible to perform the
following maintenance on Premises at USYVL’s sole cost and expense:
1. Set up temporary volleyball courts on designated grass area u sing cones,
string, poles, and nets, all supplied by USYVL at its own expense. All
materials and equipment will be taken down and stored off Premises at the
end of each day. Any alternative methods for marking volleyball court lines
must receive written approval of City in advance. Set up may begin no earlier
than 6:00 a.m. on game and practice days.
2. Pick up trash and recycle materials on and within 100’ around Premises and
provide for additional trash containers as needed. Trash and recycling
containers shall be emptied when they are no more than seventy-five percent
(75%) full, with trash and recycle materials placed in the appropriate trash or
recycle container bin. Additionally, recycle material shall be removed from
the liner and placed in the appropriate recycling bin. All recycle and trash
receptacles shall be installed with trash liners. Liners shall be supplied by
USYVL. Trash liners shall be black in color and 1.5 mill or better, and recycle
liners shall be clear, unless otherwise approved by the City.
B. City shall be responsible to perform the following:
1. Irrigate, mow, fertilize, and aerate at City’s expense turf areas within
Premises.
C. City shall not be obligated to repair, replace or maintain the Premises in any manner
throughout the term of this Agreement. City shall not be obligated to perform any
precautionary or preventative measures with respect to the Premises, including, but
not limited to drainage and flood control measures. Should City perform any of the
foregoing, such services shall be at the sole discretion of City, and the performance
of such services shall not be construed as an obligation or warranty by City of the
future or ongoing performance of such services. City shall determine maintenance
specifications.
D. City agrees to allow USYVL to access the field portion of Premises with no more than
two (2) vehicles for the specific purpose of setting up and taking down equipment only.
Vehicles shall not exceed a gross vehicle weight (GVW) of 5,400 pounds and may only
include golf carts, utility vehicles (“Gators”), or all-terrain vehicles (ATVs). Vehicles must
be equipped with turf tires. USYVL agrees not to use vehicles on the field whenever the
ground is wet, for whatever reason, without obtaining the City Manager’s or the City
Manager’s designee’s written approval. USYVL further agrees that only licensed
drivers age eighteen (18) or older may drive said vehicles. USYVL agrees to
immediately report to City any damage to Premises caused by use of vehicles on
Premises. USYVL further agrees to repair any damage caused by USYVL’s use of
vehicles at USYVL’s sole cost and expense to the satisfaction of the City. Except as
described above, use of any other vehicle on any area other than roadways and
parking lots requires the advance written approval of City.
223
13. Improvements
USYVL shall not make any alterations, additions, or improvements upon the Premises
without the prior written consent of the City Manager or the City Manager’s designee.
Requests to make alterations, additions, or improvements must be submitted to the City in
writing no less than fifteen (15) business days prior to the desired start date for work.
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
maintained at USYVL’s sole cost and expense in strict accord with all federal, state, county,
and local laws, ordinances, codes, and standards relating thereto, including ADA
requirements. Performance of work shall be subject to City monitoring and inspection. At
City’s sole discretion, work may be stopped if it does not conform to City specifications and
standards.
Unless otherwise expressly agreed to in writing by the City Manager or the City Manager’s
designee, any alterations, additions, and improvements shall remain on and be
surrendered with the Premises upon the expiration or termination of this Agree ment.
USYVL shall timely pay all costs associated with any and all improvements, and shall keep
the Premises free and clear of all mechanics liens. USYVL agrees to and shall indemnify,
defend, and save City free and harmless against all liability, loss, damage, costs, attorney
fees and other expenses of any nature resulting from any USYVL alterations, additions, or
improvements to the Premises.
If USYVL discontinues use of Premises for a period of eighteen (18) consecutive months,
all improvements to Premises not already owned by City shall become the property of the
City unless otherwise authorized by the City Manager or the City Manager’s designee in
writing.
14. Amplified Sound
USYVL agrees not to use amplified sound without the prior written author ization of the City
Manager or the City Manager’s designee. USYVL agrees to abide by the provisions
regulating amplified sound as set forth in sections 12.16 (Parks and Open Space), and
17.53 (Noise), of the MMC.
15. Flammable Material, Waste, and Nuisances
USYVL agrees that it will not place or store any flammable materials on the Premises, that
it will not commit any waste or damage, nor suffer any to be done. USYVL also specifically
agrees that it will not allow others to take such actions on the Prem ises. USYVL further
agrees that it will keep the Premises clean, free from weeds, rubbish , and debris and in a
condition satisfactory to City.
USYVL shall also provide adequate controls for dust, odors, and noise which may emanate
from the Premises or from USYVL's activities on adjacent property and take appropriate
steps necessary to prevent dust contam ination of City's facilities located on, near or
224
adjacent to the Premises. USYVL agrees to take preventative action to eliminate such
dust, odor, noise, or any other nuisance which may disturb the adjacent or nearby
community and agrees to be responsible for and to assume all liability for such dust, odor,
noise, or other nuisance disturbances. USYVL also agrees that it shall not use amplified
sound or field lighting on Premises for any reason, without the prior written consent of the
City Manager or the City Manager’s designee.
16. Pesticides and Herbicides
USYVL agrees that prior to any application of either pesticides or herbicides, it shall receive
written consent from City, and further any pesticide or herbicide applications on the
Premises shall be made in accordance with all federal, state, county, and local laws.
USYVL further agrees to dispose of any pesticides, herbicides, or any other toxic
substances which are declared to be either a health or environmental hazard in such a
manner as prescribed by law. This shall include, but shall not be limited to, contaminated
containers, clothing, equipment, or any other contaminated material.
17. Hazardous Materials Indemnity
USYVL hereby agrees to indemnify and hold harmless City, and its respective officers,
employees, and agents, from and against any and all claims, actions, losses, liabilities,
costs and expenses: (a) including, without limitation, all foreseeable and all unforeseeable
consequential damages, directly or indirectly arising out of the use, generation, storage, or
disposal of Hazardous Material on the Premises by USYVL; and (b) including, without
limitation, the cost of any required or necessary repair, cleanup, or detoxification and the
preparation of any closure or other required plans, to the full extent that such action is
attributable, directly or indirectly, to the presence, or use, generation, storage, release,
threatened release, or disposal of Hazardous Materials on the Premises by USYVL. As
used in this Section, Hazardous Materials means any flammable explosives, radioactive
materials, asbestos, PCBs, hazardous water, toxic substances of related materials,
including, without limitation, substances, defined as "hazardous substances", "hazardous
materials", or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the
Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic
Substances Control Act, 15 USC, Section 2601, et seq.; any other federal, state, or local
law applicable to the Premises; and in the rules and regulations adopted or promulgated
under or pursuant to any of said laws. The provisions of this Section shall survive the
expiration or earlier termination of this Agreement.
18. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof, and
for the purpose of providing maintenance and making such repairs as City desires to make.
19. Governing Law
USYVL agrees that in the exercise of its rights under this Agreement, USYVL shall comply
225
with all applicable federal, state, county, and local laws and regulations in connection with
its use of the Premises, including but not limited to the ADA. The existence, validity,
construction, operation, and effect of this Agreement and all of its terms and provisions
shall be determined in accordance with the laws of the state of California.
20. Discrimination
USYVL agrees not to discriminate against any person or class of persons by reason of
race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or m ilitary and veteran status of such person; or any
other basis protected by applicable federal, state, or local law in the use of the Premises.
21. Assignment and Subletting
USYVL shall not assign this Agreement, or any interest therein, and shall not assign use of the
Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other
person (the agents and servants of USYVL excepted) to occupy or use the Premises, or any
portion thereof, without the prior written consent of the City Manager or the City Manager’s
designee. A consent to one assignment, subletting, occupation, or use by another person shall
not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use
by another person. This Agreement shall not, nor shall any interest therein, be assignable, as to
the interest of USYVL, by operation of law, without the written consent of the City Manager or
the City Manager’s designee. Any assignment or subletting without such consent shall be void,
and shall, at the option of the City, terminate this Agreement. No legal title or interest in
Premises is created or vested in USYVL by this Agreement.
22. Insolvency or Bankruptcy
If USYVL shall be adjudged bankrupt or insolvent, this Agreement shall thereupon
immediately terminate and the same shall not be assignable by any process of law, or be
treated as an asset of the USYVL under such adjudication, nor shall it pass under the
control of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or
by execution or assignment for the benefit of creditors. If any such event occurs, this
Agreement shall immediately become null and void and of no effect, and City may
thereupon repossess said Premises and all rights of the USYVL thereupon shall cease and
terminate.
23. Default or Breach
Except as otherwise provided, at any time one party to this Agreement is in default or
breach in the performance of any of the terms and conditions of this Agreement, the other
party shall give written notice to remedy such default or breach. If default or breach is
remedied within thirty (30) days following such notice, then this Agreement shall continue in
full force and effect. If such default or breach is not remedied within thirty (30) days
following such notice or if the nature of the default is su ch that it cannot reasonably be
cured within thirty (30) days, if USYVL fails to commence to cure within the thirty (30) day
226
period, the other party may, at its option, terminate this Agreement. Such termination shall
not be considered a waiver of damages or other remedies available to either party because
of such default or breach. Each term and condition of this Agreement shall be deemed to
be both a covenant and a condition.
24. Interpretation
Should interpretation of this Agreement, or any portion t hereof, be necessary, it is deemed
that this Agreement was prepared by the parties jointly and equ ally, and shall not be
interpreted against either party on the ground that the party prepared the Agre ement or
caused it to be prepared.
25. Waiver
A waiver by either party or any default or breach by the other party in the performance of
any of the covenants, terms or conditions of this Agreement shall not constitute or be
deemed a waiver of any subsequent or other default or breach.
26. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
27. Condemnation
If the whole of the Premises should be taken by a public authority under the power of
eminent domain, then the term of this Agreement shall cease on the day of possession by
the public authority. If a part only of the Premises should be taken under eminent domain,
USYVL shall have the right to either terminate this Agreement or to continue in possession
of the remainder of the Premises. If USYVL remains in possession, all of the terms hereof
shall continue in effect, with the fees payable being reduced proportionately for the balance
of the Agreement term.
28. Remedies
In case of the failure or refusal of USYVL to comply with and perform each and all of the
terms and covenants on its part herein contained, this Agreement and all rights hereby
given shall, at the option of City, cease and terminate, and City shall have the right forthwith
to remove USYVL's personal property from the Premises at the sole cost, expense and risk
of USYVL, which cost and expense USYVL agrees to pay to City upon demand, together
with interest thereon at the maximum rate allowed by law, and use fees due to date from
the date of expenditure by City.
227
29. Attorney Fees
In case City shall bring suit to compel performance of or to recover for breach of any
covenant, agreement, or condition herein contained and such suit results in a judgment for
City, USYVL will pay to City attorney fees in addition to the amount of judgment.
30. Notices and Payments
All notices required under this Agreement including change of address shall be in writing,
and all notices and payments shall be made as follows:
All payments and notices to USYVL shall be given or mailed to USYVL at the address listed
below and addressed to the current USYVL Regional Commissioner. It is the responsibility
of USYVL to notify City when there has been a change with regard to the individual serving
as Regional Commissioner and to provide the City with name, address, and 24-hour
contact phone number of the new Commissioner.
United States Youth Volleyball League
Veronica SanchezRandy Sapoznik
2771 Plaza Del Amo, Suite 808
Torrance, CA 90503
All notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
31. 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 effe ct and shall in no way be affected, impaired , or
invalidated thereby.
32. Gender and Number
For the purpose of this Agreement wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall i nclude the
plural and the plural number shall include the singular, wherever the context so requires.
33. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to be
used in interpreting or construing the terms, covenants, and conditions of this Agreement.
228
34. 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.
35. Venue
This Agreement is made, entered into, executed in Ventura County, California, and any
action filed in any court for arbitration for the interpretation, enforcement or other action of
the terms, conditions or covenants referred to herein shall be filed in the applicable court in
Ventura County, California.
36. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous negotiations and understandings between the parties. There are no
representations, warranties, or commitments, oral or written, other than those expressly set
forth herein.
37. Authority to Execute Agreement
The person executing this Agreement on behalf of USYVL warrants and represents that
he/she has the authority to execute this Agreement on USYVL’s behalf and has the
authority to bind USYVL to the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK UNITED STATES YOUTH
VOLLEYBALL LEAGUE
_______________________________ _______________________________
Troy Brown Allen Adams Veronica Sanchez
City Manager PresidentUSYVL Director of Programs
Member-at-Large
Attest:
_________________________________
Maureen BensonKy Spangler
City Clerk
Attachments: A: Premises
B: Insurance Requirements
229
Attachment A
Premises
Mammoth Highlands Park, Athletic Field
230
Attachment B
Insurance Requirements
USYVL shall secure, pay for, and maintain in full force and effect for the duration of this
Agreement a policy of comprehensive insurance as detailed below from a good and responsible
company or companies authorized to do insurance business in the State of California, wi th a Best
Rating / FPR of no less than A-. Policies shall bear an endorsement or shall have attached a rider
whereby it is provided that, in the event of amendment or cancellation of such policy for any
reason whatsoever, City shall be notified by register ed mail, postage prepaid, return receipt
requested, not less than thirty (30) days before the amendment or cancellation is effective. USYVL
shall furnish a Certificate of Liability Insurance and Insurance Endorsement, subject to the City’s
acceptance, to the City prior to execution of this Agreement. USYVL agrees to have its insurer
endorse, to the satisfaction of the City, the third partythird-party general liability coverage required
herein to include as additional insureds the City of Moorpark and its of ficials, employees, and
agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached
thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to USYVL or
City.
B. Provide a minimum of $1,000,000.00 per occurrence with a minimum of $2,000,000
aggregate commercial general liability coverage, and shall be written on an occurrence basis.
C. USYVL’s policy shall be considered primary insurance with respect to any other valid and
collectible insurance the City may possess, including any self-insured retention the City may
have, and any other insurance the City does possess shall be considered excess and shall not
contribute to it.
2. AUTO INSURANCE
If USYVL’s employees, volunteers, and contractors will use personal autos in any way during the
performance of this Agreement, USYVL shall ensure the employees, volunteers, and contractors
maintain automobile insurance that meet, at minimum, current statutory requirements and provide
proof of this insurance to the City, if requested.
3. WORKERS’ COMPENSATION INSURANCE
Workers’ Compensation Insurance, on a state-approved policy form providing statutory benefits as
required by law. USYVL shall furnish a Certificate of Insurance to the City within thirty (30) days of
execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrence
basis.
231