HomeMy WebLinkAboutAGENDA REPORT 2023 1204 PR REG ITEM 07AItem: 7.A.
CITY OF MOORPARK
PARKS AND RECREATION COMMISSION
AGENDA REPORT
TO: Parks and Recreation Commission
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Stephanie Anderson, Recreation Services Manager
DATE: December 4, 2023
SUBJECT: Consider Agreement with Ventura Roller Sports LLC for Use of the
Multi-Purpose Court at Arroyo Vista Community Park, Including the
Construction of a Permanent Roller Hockey Rink
_______________________________________________________________________
BACKGROUND
The Multi-purpose Court (Court) at Arroyo Vista Community Park (AVCP) was
constructed in 1996. Initially, the City operated roller hockey leagues in-house at the
facility. In 1998, Tri-Valley Roller Hockey League (TVRHL) approached the City with a
proposal to make improvements to the Court and operate their roller hockey league at
the facility. In November 1998, the City entered into an agreement with TVRHL. TVRHL
installed fencing and boards and began operating leagues in 1999. In 2000, TVRHL
added bleachers to the facility, which were removed in 2013 due to ADA
noncompliance. TVRHL continued to operate leagues through 2005, In January 2006,
TVRHL terminated the agreement with the City.
No league sports operated at the Court from 2006 through 2016 . During that time, the
court has been rented occasionally by various organizations, but it was an underutilized
facility. In 2016, TVRHL approached the City with a proposal to reinitiate their leagues
and enter into a new agreement with the City. A new agreement was executed in
December 2016. However, TVRHL had difficulty restarting their program, and only
operated games from October 2017 through May 2018. Since 2018, the Court has been
rented occasionally and used by the City for Skate Night events; however, it continues
to be an underutilized facility.
DISCUSSION
Ventura Roller Sports LLC (VRS) currently operates roller hockey leagues at the
Freedom Park Arena in Camarillo. The league currently consists of twelve adult teams
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in two different divisions, and approximately 113 players. For various reasons, including
the isolated location of the Camarillo facility, VRS approached the City with a proposal
to make improvements to the Court by installing a professional grade roller hockey rink
and to operate their leagues at the City’s facility at Arroyo Vista Community Park
(AVCP). The improvements would consist of installing a roller hockey rink, including
boards and glass, a scoreboard, and all-weather tiles inside of the existing Court. The
rink would be striped for roller hockey, lacrosse, and futsal, ensuring the Court would
remain multi-use. In addition to the Court, other improvements would include the
installation of bleachers, benches, and lights. VRS activities would initially consist of
adult roller hockey leagues, with the intention to expand the league to include youth
leagues, classes and clinics, and potentially futsal, and lacrosse leagues, as well as
other leagues that could utilize the Court. VRS anticipates investing approximately
$156,000 to make the improvements.
It should be noted that the improvements proposed by VRS will require the removal of
the two basketball courts that are currently installed on the Court. The basketball courts
were considered by the Parks and Recreation Commission and City Council in 2016 at
the time the agreement with TVRHL was being considered. Basketball courts were
considered due to the fact that the court was severely underutilized since about 2006
when the prior agreement with TVRHL was terminated. Additionally, the Court was in
need of resurfacing and repair, and it made sense at that time to install the basketball
courts since the court would need to be resurfaced and restriped anyway. Additionally,
it should be noted that the Parks and Recreation Master Plan that was prepa red in 2009
states that the City already has a surplus of basketball courts. There are currently
fourteen basketball courts at various parks in Moorpark, including the two courts at
AVCP. Removal of the two courts would result in five more basketball cou rts than are
recommended in the Master Plan. Additionally, the basketball courts are currently not
used by the city’s youth or adult basketball leagues and are only occasionally used by
the general public for pickup games or other uses.
In exchange for these improvements, the City will give priority use of the Court to VRS
for certain days/time at a reduced rate. VRS will have priority use on Mondays,
Wednesdays, and Fridays, as well as eight hours of priority use on both Saturday and
Sunday. This would leave two days during the week open to the public, as well as
certain times on Saturday and Sunday. This schedule is similar to the previous
agreement with TVRHL, although it allows for more open time for the general public to
use the Court. VRS would still need to reserve and pay for the Court for the actual
hours of use. The hourly rate will be set at $8.50/hour, which is equivalent to 50% of the
Group 2 rental rate. A 50% reduction in the rental rate is the same provision that was
established for TVRHL in their 2016 agreement. This rate would be charged for the first
three-years of the agreement, or until VRS has recovered their initial investment,
whichever is less. After the initial three-year term, the rate will be increased to the
standard rental rates listed in the City’s current rental fee schedule.
A draft Facility Use Agreement has been drafted which would authorize VRS to make
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the improvements and give priority use of the Court for specific days/times at a reduced
rental rate. A copy of the draft agreement, along with the proposal from VRS, is
attached to this report.
STAFF RECOMMENDATION
Staff recommends that the Parks and Recreation Commission make a recommendation
to the City Council to approve the Agreement with Ventura Roller Sports LLC for use of
the multi-purpose court, including construction of a permanent roller hockey rink, and
associated improvements as outlined in the staff report.
Attachments:
1. Proposal from Ventura Roller Sports
2. Draft Agreement
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Page 1
Ventura Roller Sports
Table of contents:
-General Summary:Pages 1,2
-Programming:Pages 2, 3, 4
-Growth of Roller Hockey/Market Potential:Pages 4, 5
-Future Successes:Pages 5,6,7
-Revenue Projection:Pages 7
-Cost Projections:Pages 7,8
-Marketing Tactics:Page 8
-Fundraising Sources:Page 9
-Why Tiles are Necessary:Page 9,10
-Comparable Examples:Pages 11,12,13
-Travel Program:Page 14
-Timeline:Pages 14,15
-5 year plan vs. 10 year plan:Page 15
Court Rendering: Page 16
-Final Summary:Pages 17
General Summary:
Ventura Roller Sports will be a multi-sports facility specializing in roller hockey
located in Moorpark, CA at the city owned Arroyo Vista Park Roller Hockey Rink
operated on a rental basis as a full time contract operator. The goal of the business is to
provide a much needed top notch roller hockey program & multi sport facility to
Moorpark, & the tri-valley region, as well as bring the amazing sport of roller hockey to
as many people as possible, with the most affordable price to compete with any
recreational sport.
Private investment funds from personal investor Marcus Silverberg will be used
to purchase boards, glass, & sport court tile from a contact of mine that has this
available for a once in a blue moon price from the recently closed down Verbero
Powerplay Arena in RIpon, CA. This would allow us to install an all-weather tile
sport-court surface, as well as renovations to the boards, benches, additions of
designated dressing areas, commercial lighting fixtures, and more. Tiles provide a huge
advantage for many reasons as they come at a lesser price to the painted concrete
surface, will last longer, and add the capability to host many other sports then just
hockey, as well as provide a much safer playing surface. This will convert the current
concrete street hockey rink into a state of the art outdoor roller hockey facility. This will
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make Ventura Roller Sports the best & most competitive roller hockey venue within a
100+ mile radius. Many of my colleagues and I believe that once these slight
renovations are put in place, even more playerss will come in droves, and be two to
three times more successful than previous programming in the area. The business will
generate revenue from Hockey League Fees for adult & youth hockey leagues, adult &
youth clinics/practices, weekly draft games, all skate open skating sessions, etc. We will
operate leagues, tournaments, classes, clinics and more to accommodate as many
people as we can for all skill levels from free learn to skate/play programs up to pro &
elite level tournament teams. Secondary programming can be provided from Ventura
Roller Sports, or the city to rent the court for other sports such as Floor/Ball Hockey, Box
Lacrosse, Arena Soccer, Futsal, Roller Derby,Volleyball, Badminton, Basketball and
more. I believe if done correctly, this facility has nothing but potential to become one of
the top hockey, and multi-sport facilities in California.
Programming:
The structure of our programming will be the biggest driver for long term success for the
growth of roller hockey, and overall success for the business. My methods have proven
success in different markets that are similar to the tri-valley region within my years of
experience operating rinks in Burbank, CA, and San Jose, CA, as well as my current
operation in Camarillo.
As we all know, hockey in general is not a sport that can be quickly picked up by most
people, especially in California. Players not only need expensive equipment, but need to
learn how to skate, use a stick, shoot a puck, etc. As with other sports you can pick up a
ball and already know how to throw it or kick it for the most part, and already have the
skills needed to be able to play. My business already provides, and will invest in free
rental gear, and have extremely direct marketing strategies to help bring people in for
free classes, clinics and beginner leagues to learn the skills to skate, shoot, pass, stick
handle, hockey knowledge, and more. Every class is a feeder system into the leagues,
and is structured for anyone of any interest level or age group to have a place at the
rink, and ability & resources to go as far as they want to in the sport. I will list some
bullet points in order of how a player may advance from being interested, to being a full
time league player. Keep in mind, we will have these identical programs for both kids,
and adults, and will be offered across multiple sports like roller hockey, ball hockey, and
box lacrosse, but we will use roller hockey as the main example.
-Free learn to skate class, all rental gear included. Focused solely on brand new
skaters working on all skating skills needed to play hockey.
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-Free novice class,directly after the learn to skate program, as it is the next level
up. This clinic will focus on basic stick skills like passing, shooting, stick handling,
and more.
-Intermediate Clinic,$10. This clinic will focus on in-game situations, drills, rules,
and everything needed to be ready for someone who has never played hockey
before to jump into an organized league. The $10 price will narrow out people
who are not interested enough to grow into the sport, and help develop a target
demographic of who to get into the beginner leagues.
-Bronze League.$75. This will be a shorter scale, 6 week long entry level league
for graduates of the prior clinics, and any beginner entry level hockey players.
The goal of the league is to give a low cost, accessible hockey league for new
players to have fun, and develop in a competitive & organized setting. This
league will begin after a month or so of beginner clinics to build the customer
base to advance up into the league, but will be one of the newest leagues
established at Ventura Roller Sports.
-Intermediate/Advanced Clinic, $10. This will be a clinic that introduces
advanced skills and techniques that are possessed by longer term hockey
players to get into the next division.
-Co-Ed Weekly Draft Games,$10 per player. This will be an organized, 16
person game that is pre drafted each week that simulates an organized, timed,
refereed official game, without committing to a full season. This allows local
players to try our facility & programs out, as well as test the waters with all skill
levels. These pick up games will happen multiple times per week, and will be
essential to the growth of the sport in the area.
-D3 League,This will be the beginner level adult recreational league. It will serve
lower skilled adult players with a long history of hockey, as well as graduates
from our beginner league. Cost will be $125 per player to accommodate an
affordable price for an 8 week season at a top notch facility. This division will be
established immediately upon opening.
-D2 League,This will be the next league up from the D3 division for established,
advanced players with experience. Cost will also be $125 per player to
accommodate an affordable price for an 8 week season at a top notch facility.
This division will be established immediately upon opening.
-Ball Hockey Leagues,$75. The ball hockey leagues will be offered on youth,
adult, & co-ed levels to truly give the cheapest form of hockey possible to the
community to get as many new players started as possible. This will be our
lowest cost league, and will continue to help grow the sport of hockey.
-Advanced Clinic, $15. The advanced clinic will focus on competitive travel level,
advanced strategies, drills, systems, and more to help silver/gold level players
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advance into the gold/platinum, and travel team levels. The cost is higher due to
more coaching, and longer time intervals.
-D1 Draft League,$125. The platinum league will feature college, and
professional level players in an organized, recreational weekly league. These
players typically only have one competitive tournament every month or so, and
this league will allow them to have competitive games every week to help them
stay in shape to be the best player they can be. This league will have players
sign up as individuals, and team captains will draft teams after an evaluation
session, to create even and competitive teams within the league. This division is
one of my most successful divisions in Camarillo, as our area has tons of high
skill players, and I suspect will grow even more in Moorpark, especially with the
addition of tiles.
-Youth Rec League,$165. The youth rec league will include 4 divisions, 10u,
12u, 14u, and HS/18U. The league will be the advancement of the youth version
of our classes & clinics listed above, and will include one practice during the
week, as well as a jersey with a custom number, and a weekly Saturday
afternoon game.
-Traveling Tournament Team Program, cost varies. This team will have a yearly
fee to participate in the next stage of the roller hockey tree with competitive travel
tournaments in tournament circuits like NARCh, State Wars, TORHS, and many
others in places all over the state of california, and even big tournaments in other
states like Florida, Missouri, Colorado and more. This program will be essential
to give the highly skilled youth & adult players of the area a home practice rink,
and organization to play in, as well as give ice hockey players a competitive
outlet to join roller hockey in the off-season.
-Monthly Ironman Tournaments:$200 per team/$50 per player. We will conduct
monthly themed ironman tournaments, which include short form 4 player, 10
minute games, hence the “ironman” title with no shift changes allowed. These
tournaments are tons of fun, and a great workout for all ages and divisions from
kids to adults!
Market Potential/Growth of Roller Hockey:
There is no better time than the present to start up a new roller hockey program in a
market that is desperately needing it. This rink will serve a huge clientele of people in
mostly moorpark & the tri-valley area, but not limited to outside areas as well. I believe
any highly populated area like Ventura County will thrive in any recreational sport setting
when managed and marketed properly, but ours will thrive due to the large number of
pre-existing players in the area, with nowhere to play. Cities besides Moorpark have
tons of existing players in need of a home, like Thousand Oaks, Ventura, Oxnard,
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Camarillo, Newbury Park, Westlake, Agoura, Moorpark, West Hills, Van Nuys, & all
across the San fernando Valley & greater Los Angeles Area, as well as areas with tons
of hockey players as far away as Santa Barbara and Santa Clarita are forced to travel
hours away to the nearest tile roller hockey facility in Orange County to play true roller
on sport court, or simply forced to play ice hockey as a second choice. I will start with
the hockey history, and potential in the area.
Firstly, hockey of all kinds has been thriving in the area for 30+ years. The current
hockey facility in the county is Iceoplex in Simi Valley, which has been recently
purchased by the Los Angeles Kings, is flooded with customers, and has many
crossover customers who are both roller, and ice players. There was also the Channel
Islands Ice Center not too far away in Oxnard, CA. This rink was very successful for
decades, until the owner decided to sell the business to apartment developers. More
importantly, There have also been very successful roller rinks like The Roller Dome in
Thousand Oaks that reigned for 20+ years until the business was eventually sold to the
99 cent store corporation. More Notably, the recently retired TVRHL in Calabasas, CA,
as well as some stents in Moorpark! The TVRHL was a league that was extremely
successful despite being heavily mismanaged for the past 30 years. This has been a
huge opportunity for the community to revive as the only league that was in the area is
now inactive, as the program director retired after his final season from the Covid return
to play. There are 30+ years worth of players in the area that are in need of a state of
the art home facility that can prove beneficial for both the city, and community.
Secondly, the state of the sport of Roller Hockey has never been in a better place. The
capital of roller hockey has always been Southern California due to lack of ice, amazing
weather, roller rink availability, and community efforts of the Los Angeles Kings, and
Anaheim Ducks. New rinks, tournament series, teams, brands, and everything you can
possibly think of are at an all time high. NARCh Finals just hosted its largest ever
tournament hosting 373 teams across 5 rinks during an 11 day tournament for teams
from mostly socal, but all over the country, & the world including teams from Spain,
France, Czech Republic, Cayman Islands, Columbia, Namibia, Taiwan, Italy & more.
Other large Tournament circuits are hosting massive, record breaking tournaments in
orange-county at the next closest roller facilities in Irvine, and Corona, CA. There is no
reason these events cannot be brought to the city of Moorpark, with a great venue at
Arroyo Vista Park. I also work for NARCh (North American Roller Hockey
Championships) as a tournament director, and they have expressed great interest in
bringing these events to Moorpark if we have the facility, which would privide a great
boost to the local economy.
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Believe it or not, the COVID-19 pandemic was one of the most beneficial things to
happen for the sport of Roller Hockey, as it caused hockey retailers to sell out of all
roller hockey skates as the demand to get outside to play was driven through the roof,
as it was the only option. Roller skating in general became so popular during the
pandemic, as it was one of the best, and only ways to be active. This has caused a
boom in all roller sports like hockey, derby, artistic skating, and more. Players are finally
realizing the crossover between ice, and roller hockey, and the growth of the sport is
absolutely skyrocketing due to the new age of media, and overall rapid growth in the
market. A new sport court facility will only help the sport grow further, and create one of
the most competitive markets in the roller hockey capital of the world, Southern
California.
Future Successes
As we both know, there has been a rich history of hockey in the area, but nobody in the
past has developed a truly successful program that can not only withstand the test of
time, but also grow the sport. I will list some of the reasons why and how my
programming will succeed in the future.
Reasons on how I will succeed:
- I will devote my full time attention to this rink as my own non-profit organization,
and full time job.
- I will relocate my current program from Camarillo that already is maxed out at
120+ players at the limited capacity that the city of Camarillo allows me to do.
- I will put years of business development, marketing, planning, renovations, and
more into the facility & business before executing the detailed business plan, and
opening the rink.
- I have years of experience running and starting successful hockey programs
employed with the LA Kings, Bakersfield Condors, California Heat, Pickwick Ice,
The Plex San Jose, as well as my current program in Camarillo, CA.
- State of the art renovations will be added to the facility through my own & private
partner investments.
- These renovations will be headlined by a new set of boards/glass, and a tile floor
to improve game play, speed, safety, and durability, but allow us to compete with
any roller hockey facility and allow the community access to other sports like box
lacrosse, basketball, volleyball, arena soccer, futsal, basketball, etc. We will also
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provide cosmetic repairs like fresh paint where needed, additions of private
designated dressing areas, equipment storage additions, etc.
- We will move our current inventory and purchase a large inventory of new, state
of the art rental equipment so truly anyone can try our classes out, without the
burden of spending hundreds of dollars on equipment to help minimize the
barrier to entry.
- There are no more competitive leagues in the area anymore besides my own. All
have been sold, or retired. Players are organizing games themselves, and the
demand has never been higher for true roller hockey leagues in the area.
- Free camps and clinics will be imposed to give the general public the opportunity
to learn the sport of roller hockey, and get into our leagues.
- I will outsource marketing, and use my prior experiences that have proven
success to market our programs.
- I will brand the rink as its own program, instead of just a league offering one
sport. We will offer many leagues, free classes, clinics, events, and activities
besides just roller hockey leagues to make the rink thrive as not only a roller
hockey league, but a multi-sport facility & full offering program.
- There will be job opportunities, as it will be a team effort to make the rink run as
efficiently as possible and provide maximum program growth, instead of just one
person running the show. Job creation will include referees, scorekeepers,
league managers, & more.
- Costs will be as low as possible for the lowest possible entry point to get more
people involved in the sport.
- Tournaments will be organized to bring competition from other markets to the
facility, and help build the sport, and competition for our local players.
- Facility will be upkept at an extremely high level, creating the best and most
competitive atmosphere possible for customers.
Revenue Projection:
In this section revenue will be broken down in different increments. Keep in mind, these
numbers are the projection after the rink is up and running for some time. Program
costs will also grow as inflation costs rise throughout the years. I will break down
everything on a per league basis, as well as a per month basis. Leagues will mostly be
in 8 week increments with 7 regular season weeks, and 1 week of
playoffs/championships. All program cost & revenue can be seen in more detail in the
attached spreadsheet.
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-Adult leagues (D1,D2, D3, 40+):$125 per player, 48 players/4 teams
-Beginner Adult League:$75 per skater, 6 week season, 48 players/4 teams
-Youth Rec League:$165 per player, includes one weekly game and practice, as well
as jerseys with a custom number (Mite, Squirt, Peewee, HS) 128 players, 4 teams per
division, 4 divisions, 16 teams
-Co-ed Weekly Draft Games:$10 per player, 16 players per session, 8 sessions per
month
-Adult/Youth Clinics: $10 per player, 20 players per session, 16 classes per month
-All Skate Sessions:$10 per skater, cap of 50 skaters, includes skate rentals, demand
varies.
-Box Lacrosse Leagues:$125 per player, 48 players/4 teams:
Cost Projections:
Costs for this business model differ from event to event. The main expense will be staff
members. I will list some different costs of operating the business below.
Business Operation Costs:
-Staff Members:including, Referees ($25 per game), scorekeepers & skate guards
(16$ per game), League Managers/Coaches ($20 per hour)
-Marketing:500$ per month including advertisements, direct marketing, social media
campaigns, graphic designers, photographers & videographers to create content, etc.
-AAU Player Insurances:TBD on plan, ranges from $200-$500 per year, players pay
$25 per year individually to be insured as well.
-Facility Upkeep/Supplies:$500-$1000 per month, including cleaning, fixing tiles,
boards, glass, chairs, benches, equipment, pucks, etc.
-Rent & Utilities:TBD$, rent or percentage of program paid to the city/P&R department
for monthly use of the facility as a contract operator.
Business Initial Startup Costs:
-Boards & Glass:$25,000 plus shipping.
-Tiles & Floor Sweeper:$35,000.
-General cosmetic upgrades:$5,000-10,000 Including paint, storage areas, benches,
chairs, cleaning etc.
-Lights:$80,000 plus shipping.
-Rental Equipment:$10,000. Includes head to toe equipment for players of all ages
and sizes to allow for free equipment for low barriers of entry.
-Misc:Misc Equipment (Trash Cans, Credit Card Reader, Storage Hooks, etc.): $3,000
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All in total investment of $156,520 of privately raised money to get the rink off and
running. See Cost & Revenue spreadsheet for more details.
Marketing Tactics:
-Heavy Social Media presence
-Social media ads
-Targeted google/online ads
-Word of mouth marketing
-Email marketing
-Website/website boosting
-Rink Banners
-Direct press like newspaper, news stories, influencer marketing, etc.
-Creative discount/free marketing tactics like “Try a game free”, Half-off league fees if
you bring a new team”, try hockey free classes, etc.
-My own/my teams’ vast network within the roller hockey and sports industry in the area
Fundraising Sources:
As I have mentioned before, My partner Marcus and I are extremely passionate about
this opportunity, and the possibility for exponential growth of roller hockey in our area,
and are willing to invest our own money to start the program. In order to operate this
rink properly with an eye on long term success for the future, we will invest significant
startup funds into the city’s rink, with 150,000+ dollars. We will use current funds to start
it from my current camarillo program’s revenue, as well as my, and Marcus Silverberg’s
own personal money. Marcus will be investing the majority of the startup funds out of his
own pocket not for a profit, but only for the love of the sport. We have a detailed budget
attached in the detailed spreadsheet breaking down the cost of just north of $150,000.
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Why Tiles are Necessary:
Putting down a tile floor is absolutely essential for the short term and long term success
of the rink. The tile floor, or lack thereof, is one of, if not the largest reasons for failure of
growth in the past. Tiles will take the sport & facility to the next level. Allow me to
explain:
Cons of concrete:
The largest difference is a concrete rink is a street hockey rink, not a roller hockey rink.
The concrete rink, painted or not, is not meant for skating, and is therefore extremely
slippery for hockey wheels, making it more dangerous to skate, and play the game at
high speeds & competitive levels. The surface is much more rough, which has many
negative traits. The worst trait is how rough it is on your stick, wheels, and equipment.
You can only use an old-school style wooden stick, as the concrete eats through the
blade of a modern composite stick in no less than an hour of play. It also wears through
wheels, and rips pants, and any mesh/fabric parts of your equipment when falling/sliding
on concrete. It also significantly slows down the speed of the puck, as street hockey
typically uses a ball. The puck’s speed slows down the game, as well as not having the
ability to stop on the smooth, slippery concrete/paint. Lastly, the concrete surface also
collects dust, and only gets worse as time goes on, and actually requires more
maintenance than a tile surface would need. Not to mention, concrete surfaces
eliminate the opportunity to host other sports that require sport-court like box lacrosse,
arena soccer, futsal, volleyball, badminton, and more. These traits are what urge hockey
players away from the concrete rinks, and convince them to commute farther to tile &
ice facilities.
Pros of Tile:
While it may not seem as important from an outside perspective, having a tile surface
for the rink is the most important factor for the long term success of the program. Unlike
concrete, it is softer, smoother, grippier, faster, more versatile, and all around much
safer than a concrete floor. The tile is a smooth surface that does not destroy hockey
equipment like concrete does. The surface simulates the grip, and playability of ice, so
the game, and puck moves quickly, and creates an extremely competitive playing
surface. The tile surface is also much easier to skate on with the grip, so it is optimal for
new players to learn on. Sport court is the universal roller hockey floor material, and is a
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rarity across our area, so customers drive far distances to places like Irvine, and Corona
just to play on a tile surface. The installation of a new tile surface alone will bring hockey
players from near & far to come play at the rink, and will help jump start the program in
a big way. Tile is also required for secondary competitive sports like arena soccer, arena
football, futsal, basketball, box lacrosse, volleyball & more. It will allow us to bring huge
events to the city like outside tournaments in all these sports, & especially roller hockey.
Not to mention, a tile facility will allow for exponential growth, & have league play during
every hour of the day if we desire, and create a truly successful program, and business
for the long term with very high demand. The rink will be used by the community at all
times, and will be a crown jewel if Arroyo Vista Park.
Comparable Examples:
For reference, I would like to show a couple of comparable examples that started in a
similar fashion as my vision for the Arroyo Vista Roller Rink.
Example #1:Escondido Sports Center, Escondido, CA
Escondido Sports center is a two rink roller hockey facility that also accommodates box
lacrosse, arena soccer, and many other sports as well as roller hockey. This rink started
in a very similar state of how Arroyo Vista Park is now. It was a one rink, concrete street
hockey facility in a city owned park in the San Diego Suburb of Escondido. The rink
struggled in its early years, and had a new boom of roller hockey, which contributed to
placing down outdoor hockey tiles. This proved to be a hugely successful move, and the
rink skyrocketed, and soon added a second rink, as well as a roof over the facility. Now,
it is an indoor/outdoor two rink tile facility that serves the northern San Diego area in a
very successful way.
Before:
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After:
Example #2:Roller Hockey Naples, Naples, FL
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Roller Hockey Naples is a one rink facility in a suburb about two hours from Tampa
Florida that is city owned and situated in the Veterans Community Park in Naples, FL.
This rink started out as an outdoor concrete rink, and has been rented, and operated by
a contract operator in the same way that I am hoping to do in Moorpark. This facility was
made in the boom of roller hockey in the 90s & 2000s. The success of the rink drove the
city to put a roof over the facility, earning even more success in the region. Like
Southern California, Roller Hockey Naples has a huge population of Roller Hockey
players in the community, so the long time operator started a crowdfunding campaign to
fundraise a tile floor. They quickly raised the money, and an amazing new Racing
Courts Tile Floor was put down. Since installing the floor, the rink has become a premier
facility in Florida, and has quickly started to host some of the best pro players, and have
huge tournament events across multiple sports. I will show some before and after
photos below,
Before:
After:
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Travel Program:
One of the last items of programming in my plan is a full scale Travel Program. This
program is not about profit, but instead about growth of the game, and channels into our
more profitable programming. The travel program will be a group of teams from every
division starting at 6u all the way up to Mens, Pro, and 40+ divisions. Every rink has a
tournament team organization like this that is meant to showcase the area’s best
players in the most committed, and competitive environment possible. The name of this
team is still TBD, but will represent Arroyo Vista Park, and the city of Moorpark greatly
at tournaments across the country. A large part of any left over funds the non profit may
make, will help fund the travel program expenses to make cost cheaper for players.
This program is where we draw in competitive ice hockey players to convert into a cross
over roller & ice player. A lot of these players only play travel, but our travel teams will
have practice time, and home tournaments in Moorpark, with the goal to inspire some of
the travel level players to play in the youth rec league, adult D1leagues, and vise versa.
Timeline:
As I have previously explained, starting this business is no overnight task, and many
things are still TBD. I hope to get started ASAP while beginning renovations, & soft
openings in the winter/spring of 2024. I will list my general timeline below:
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Page 15
- Pitch program plan to city council on Dec. 20th, 2023 for approval
- Purchase Boards & Tiles by fall 2023 to allow a 2 month timeline of arrival for a
winter installation.
- Install lighting system in Winter 2023
- Continue Camarillo Leagues until current season ends in early January, and
restart the leagues when our rink in Moorpark is ready to go after additions are
made.
- Begin executing formal/physical business plan in January 2024 to have
everything ready when the rink is ready to restart programming late winter/early
spring
- January/February: Push media outlets, advertising, and marketing in all forms to
build hype in the community of a new rink, and start establishing a customer
base ready to begin with a late February/March start date grand opening in the
early spring/summer
5 Year & 10 year Plan:
I have big plans for this rink, and I will start with the 5 year plan. I hope to establish a
state of the art tile roller sports/multi-sport facility with league nights packed on every
night & a booming learn to play program that can help the sport continue to grow, and
share the amazing sport of roller hockey with as many people in Moorpark as humanly
possible. After the years of development of a successful recreational roller hockey
program, I hope to be able to eventually entertain the idea to fundraise enough capital
to add a roof, and locker room structures to create a state of the art indoor/outdoor
facility that can host even larger scale events & allow the sport to continue to grow when
the program demands it.
My ten year plan implements the ability to keep pushing the growth of the facility, and
sport in the area. This is a facility that can host hundreds of teams per week, and I truly
believe this is possible with some time, and proper management. After years of proven
success and continued growth throughout the programs, I would love to potentially
explore expansion with a second rink on the premises to really grow the potential
growth of the facility, and sport. I know this is a long sighted vision, but I truly can see
the potential for this down the road, as the demand will be there.
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Court Rendering:
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Final Summary:
In conclusion, my vision for the Arroyo Vista Park roller hockey rink is to transform it into
a state of the art outdoor roller hockey, & multi-sport recreational facility for the
community of Moorpark. This will allow for a competitive and centrally located facility to
serve the large population of hockey players in the Ventura County area, as well as give
us a facility that will allow us to grow the sport exponentially in the area. My vision is to
give the lowest possible entry point to the sport with free classes, free equipment, and
cheap league fees to grow the amazing sport, and offer it to as many people as
possible. I see Arroyo Vista Park as the perfect place to host our program & events to
bring many people to the city of Moorpark, as well as host sports of all kinds to give
back to the local community.
I have long term goals/visions for success, but I look forward to updating the court, &
growing the sport in its initial years while bringing an amazing opportunity to the
moorpark citizens & the sport of roller hockey to enjoy such a great growing local
hockey community & new state of the art rink for years to come!
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VRS Use Agreement Page 1 of 17
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
VENTURA ROLLER SPORTS LLC FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
2024, between the CITY OF MOORPARK, a municipal corporation located in the County of
Ventura, State of California, hereinafter referred to as "City" and VENTURA ROLLER
SPORTS LLC, a limited liability company, hereinafter referred to as "VRS".
W I T N E S S E T H:
WHEREAS, sports programs are a valuable asset to the Moorpark community; and
WHEREAS, VRS provides sports programs; and
WHEREAS, VRS desires to make improvements to and use City sports facilities.
NOW, THEREFORE, in consideration of the mutual covenants, benefits , and
premises contained herein, the parties hereto agree as follows:
1. Term
The term of this Agreement shall be for five (5) years, commencing on upon execution, and
ending on December 31, 2028, provided however, that City's obligations hereunder shall be
contingent upon VRS'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.
2.Premises and Use
A.City, in consideration of the fees to be paid and of the indemnifications, covenants,
and agreements agreed to herein, hereby grants to VRS, and VRS hereby accepts
from City, priority use of the multiuse court at Arroyo Vista Community Park,
hereinafter “AVCP,” as described 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 days and
times:
a)7:00 a.m. to 10:00 p.m. on Mondays, Tuesdays, and Thursdays.
b)Up to eight (8) hours on Saturday.
c)Up to eight (8) hours on Sunday. If VRS elects to use less hours on Sunday,
unused hours may be applied toward Saturday.
B.For use of City facilities other than described above, VRS agrees to obtain a Rental
ATTACHMENT 2
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VRS Use Agreement Page 2 of 17
Permit and pay rental fees as described in the current Park Rental Rules and Park
Rental Fees Resolutions.
C. 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 VRS. The
general public shall have access to and use of Premises at times not included in the
approved Rental Permit. VRS shall not have priority use of Premises outside of the
approved Rental Permit.
D. The Premises shall be used for VRS’s 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.
E. 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 at least thirty (30) calendar days prior to
the start of the use period. The Reservation Request must be provided on the
appropriate “Park Facility Reservation Application” form. Each Reservation Request
may span a period of no more than ninety five (95) calendar days. 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.
F. The City shall provide VRS with an approved Rental Permit based on the
Reservation Request detailing the dates and times VRS 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. VRS shall abide by all conditions and
requirements on the approved Rental Permit.
G. VRS may be required to provide practice and/or game schedules to demonstrate
that all reserved times are being utilized. If any reserved time is not utilized by VRS
a total of three times during the reserved period of use, the future reserved times
may be cancelled and removed from the reservation permit. VRS will be notified by
City staff when it has been determined that reserved times are not being used, and
prior to cancellation of the reserved times.
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VRS Use Agreement Page 3 of 17
3. Use Fees
VRS agrees to pay the City Use Fees for the Premises as follows:
A. $8.00/hour until December 31, 2026, or expenses from improvements have been
recouped, whichever is earlier.
B. After December 31, 2026, or expenses are recouped, whichever is earlier, rates as
described in the current Rental Fee Resolution.
C. Staff fees as described in the current Rental Fee Resolution for monitoring of and
maintenance during tournaments with over 200 total participants and spectators.
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 the Reservation Request.
B. 50% payment due within five (5) business days of issuance of approved Rental
Permit.
C. Balance of payment due five (5) business days prior to the first rental date of the
Rental Permit.
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 resolutions.
5. General Conditions
A. VRS shall submit to City a Certificate of Authorized Signatories, with names and
signatures of those authorized to sign documents on behalf of VRS. A new form
shall be submitted any time the list of authorized signatories changes.
B. VRS 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. VRS further agrees
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VRS Use Agreement Page 4 of 17
to notify all coaches and participants of the City’s rules and regulations governing
City park rentals and shall prohibit any coach or participant from interfering with a
permitted park rental.
6. Use During Inclement Weather
The City, at its sole discretion, shall determine if the Premises shall be used during
inclement weather. The City Parks and Recreation Director or Landscape/Parks
Maintenance Superintendent shall make a determination on Premises use based on
current weather conditions. The City’s decision is final and not subject to negotiation.
The Premises is closed under the following conditions:
a) Rain or drizzle.
b) The court surface or tiles are wet and cannot be swept or mopped dry.
7. Signs
VRS 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
VRS or anyone claiming under VRS, VRS hereby authorizes City as VRS'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 VRS 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.
VRS further agrees to abide by the City’s Sign Ordinance regarding the placement of signs
at any location other than Premises.
8. 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).
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VRS Use Agreement Page 5 of 17
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
VRS must pay to the City vendor fees as described in the current Park Rental Fees
resolution.
10. Indemnification and Hold Harmless
VRS 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 VRS or any person claiming use under or
through VRS unless such loss, damage, injury, or death is due to the sole negligence of the
City. VRS 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. VRS 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 VRS 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 app ly to all
use of City facilities by VRS 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
VRS 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 VRS pursuant to this Agreement.
12. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be
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VRS Use Agreement Page 6 of 17
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 VRS shall adhere to City
specifications and standards.
A. City shall not be obligated to repair, replace or maintain the roller hockey rink portion
of 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 roller hockey rink, 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.
B. During use under this Agreement, VRS shall be responsible to perform the following
maintenance on Premises at VRS’ sole cost and expense:
1. Prior to the first date of each rental period, a representative from VRS shall
meet with the Parks and Recreation Director or his/her designee to review
the condition of the Premises.
2. Pick up trash and recycle materials on and around Prem ises during and after
each use date 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 VRS. 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. Remove graffiti from boards, glass, tiles, and any other surfacing of the roller
hockey rink, within twenty-four (24) hours of notification to do so. All cleaning
products used must be approved by City. If VRS fails to remove graffiti as
described in this section, VRS authorizes City to remove graffiti and to
charge the cost and expense of such removal to VRS, who agrees to pay the
same upon demand.
4. VRS equipment must be secured in the storage area when not in active use.
If an item of equipment cannot be stored within the storage area, 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.
5. VRS shall maintain the court tiles, including, but not limited to brushing the
court clean of dirt and debris and washing the tiles no less than weekly and
replacing damaged tiles.
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VRS Use Agreement Page 7 of 17
6. VRS shall maintain the inner roller hockey rink boards, glass, and
scoreboard.
C. VRS shall share 50% of the costs to maintain the outer fence, outer wood boards,
and concrete court surfacing of Premises. Maintenance costs shall include, but are
not limited to the following: Resurfacing, concrete repairs, chain link fence repairs,
and painting and repair of wood boards.
D. Through December 31, 2026, VRS shall maintain lights at VRS’ sole cost and
expense. After December 31, 2026, VRS shall share 50% of the costs to maintain
the lights.
13. Improvements
VRS 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 VRS’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. VRS
shall timely pay all costs associated with any and all improvements, and shall keep the
Premises free and clear of all mechanics liens. VRS 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 VRS alterations, additions, or
improvements to the Premises.
If VRS 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.
VRS is specifically authorized to install the following improvements at Premises:
• Ripon roller hockey rink including boards, glass, and scoreboard.
• All weather tiles inside the rink.
• Two sets of bleachers within the outer chain link fence on the north side of the rink.
• Storage areas within the outer chain link fence on the south side of the rink.
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VRS Use Agreement Page 8 of 17
• Enclosure of the current bench area to convert it into storage.
• Lights and electrical necessary for lights and scoreboard.
Improvements made using any paid labor, hired services, or independent contractors
(collectively “Contractor”) are subject to the following conditions. MGS is responsible for
ensuring Contractor complies with these conditions.
A. All work shall be completed under prevailing wage rates. Contractor shall be
required to comply with all apprenticeship requirements as outlined in Labor Code
Sections 1720 et seq. and 1770 et seq. and 1777 et seq. All contractors and all
subcontractors must be registered with the California Department of Industrial
Relations pursuant to SB 854, and submit certified payroll reports as required.
B. Contractor must hold a valid Class A, General Engineering and/or Class C13,
Fencing, State of California Contractor's License, and have carried a valid Class A
and/or Class C13 license continuously for the last five years.
C. Contractor shall obtain a City Business Registration prior to commencing work.
D. The City has adopted a Construction and Demolition (C&D) Ordinance which
requires all Contractors on City projects, regardless of cost, to prepare a
Construction and Demolition Materials Management Plan (avail able at
www.moorparkca.gov/CDplan) and divert a minimum of 65% of material generated
during the project from disposal in a landfill (through reuse or recycling). Contractors
have two options to meet this requirement. Contractors may use the City’s
franchised hauler (Waste Management), who can provide temporary bins and will
dispose of waste at a City authorized facility. Alternatively, Contractors may self-haul
waste to a City authorized certified C&D processing facility. Self-haul of waste must
be done in proper hauling vehicles and bins owned by Contractor and those vehicles
must be driven by Contractor’s employees. Because this is a prevailing wage
project, the self-haul vehicle drivers must be paid prevailing wage rates for driving
C&D materials to the authorized facility.
E. Contractor must comply with all applicable storm water and urban runoff permits,
regulations, codes, and laws.
F. Contractor shall take precautions to mitigate blowing of dust and dirt and shall
comply with governing regulations and Ventura County Air Pollution Control District
regulations pertaining to environmental protection.
G. Contractor shall comply with the City’s noise ordinance and limit noise to a
reasonable level as related to specific items of equipment used and their hours of
use. This does not preclude use of mechanical equipment such as jack hammers
and heavy equipment.
H. Prior to commencing work Contractor shall submit a schedule for approval by the
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VRS Use Agreement Page 9 of 17
City’s representative indicating proposed methods and sequence of operations for
work.
I. Working hours are between 8:00 a.m. and 4:30 p.m. Monday through Friday, unless
otherwise approved in writing by City representative. No work shall be performed on
weekends or City Holidays.
J. Contractor shall be responsible for the security of the site.
1. Contractor shall be responsible for all damages to persons or property that
occur as a result of its fault or negligence and shall be responsible for the
protection of the project site until final acceptance by the City.
2. Contractor shall take all necessary precautions for the safety of workers on
the project and shall comply with all applicable federal, state, local and other
safety laws, standards, orders, rules, regulations, and building codes to
prevent accidents or injury to persons on, about, or adjacent to the premises
where work is being performed and to provide a safe and healthful place of
employment.
3. Prior to starting work, Contractor shall verify that work areas are completely
secured to ensure separation of Contractor operations from the public.
Contractor is responsible for providing, installing, and maintaining barricades,
enclosures, and other protective equipment in accordance with applicable
federal, state and local codes and their respective requirements.
4. Contractor shall ensure that areas to remain unaltered adjacent to areas of
work are properly secured and protected.
K. Contractor shall leave the site and surrounding areas clean and free of any debris or
other unsuitable materials.
L. It shall be the responsibility of the Contractor to locate all existing utilities and protect
them from damage.
M. Contractor shall repair at its own expense, any damage, whether inside or outside of
the project limits, to utility systems, surface pavements, fixtures, structures, or
vegetation that is not specifically indicated to be modified or removed. All damaged
items shall be repaired to their original condition, as acceptable to the City.”
14. Amplified Sound
VRS agrees not to use amplified sound without the prior written authorization of the City
Manager or the City Manager’s designee. VRS 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.
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VRS Use Agreement Page 10 of 17
15. Flammable Material, Waste, and Nuisances
VRS 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. VRS also specifically agrees that it will not allow others to take such actions on
the Premises. VRS further agrees that it will keep the Premises clean, free from rubbish,
and debris and in a condition satisfactory to City.
VRS shall also provide adequate controls for dust, odors, and noise which may emanate
from the Premises or from VRS'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. VRS 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. VRS 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
VRS 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. VRS
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
VRS 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 VRS; 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 VRS. As used
in this Section, Hazardous Materials means any flammable explosives, radioactive
materials, asbestos, PCBs, hazardous wate r, 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
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VRS Use Agreement Page 11 of 17
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.
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
VRS agrees that in the exercise of its rights under this Agreement, VRS 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
VRS 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
VRS 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 VRS 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 VRS, 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 VRS by this Agreement.
22. Insolvency or Bankruptcy
If VRS 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
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treated as an asset of the VRS 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 VRS thereupon shall cease and
terminate.
23. Default or Breach
Except as otherwise provided, at any time one party to th is 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 VRS 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,
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VRS shall have the right to either terminate this Agreement or to continue in possession of
the remainder of the Premises. If VRS 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 VRS to comply with and perform each and all of the terms
and covenants on its part herein contained, this Agreement and all rights h ereby given
shall, at the option of City, cease and terminate, and Cit y shall have the right forthwith to
remove VRS's personal property from the Premises at the sole cost, expense and risk of
VRS, which cost and expense VRS 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, VRS 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 VRS shall be given or mailed to VRS at the address listed
below and addressed to the current VRS President. It is the responsibility of VRS to notify
City when there has been a change with regard to the individual serving as President and
to provide the City with name, address, and 24-hour contact phone number of the new
President.
Ventura Roller Sports LLC
Adam Poe
1967 Ramsgate Circle
Thousand Oaks, CA 91360
All notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
31. Partial Invalidity
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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 ne uter 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.
37. Authority to Execute Agreement
The person executing this Agreement on behalf of VRS warrants and represents that
he/she has the authority to execute this Agreement on VRS’s behalf and has the authority
to bind VRS to the terms of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK VENTURA ROLLER SPORTS LLC
_______________________________ _______________________________
Troy Brown Adam Poe
City Manager Owner
Attest:
_________________________________
Ky SpanglerCity Clerk
Attachments: A: Premises
B: Insurance Requirements
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VRS Use Agreement Page 16 of 17
Attachment A
Premises
Multi-use court at Arroyo Vista
Community Park
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VRS Use Agreement Page 17 of 17
Attachment B
Insurance Requirements
VRS 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. VRS 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. VRS agrees to have its insurer endorse, to the satisfaction of the
City, the third-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 VRS 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. VRS’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 VRS’s employees, volunteers, and contractors will use personal autos in any way during the
performance of this Agreement, VRS 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. VRS 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.
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