HomeMy WebLinkAboutAGENDA REPORT 2024 0605 CCSA REG ITEM 10BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of June 5, 2024
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
B. Consider 2024-2027 Youth Sports Organization Facility Use Agreements. Staff
Recommendation: Approve Youth Sports Organization Use Agreements for the
term of July 1, 2024, through June 30, 2027, 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:
Stephanie Anderson, Recreation Services Manager)
Item: 10.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Stephanie Anderson, Recreation Services Manager
DATE: 06/05/2024 Regular Meeting
SUBJECT: Consider 2024-2027 Youth Sports Organization Facility Use
Agreements
BACKGROUND
Since 1997, the City Council has approved facility use agreements (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. In 2021, the City Council authorized the current 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 Youth Football (MMYF), Moorpark Soccer Club (MSC), and
United States Youth Volleyball League (USYVL).
Changes that were made in 2021 from the prior version of Use Agreements included:
• Removal of non-resident fees.
• Removal of field ratio requirements.
• Allowing authorized City staff, at the City’s sole discretion, the ability to assign
alternate field(s) as deemed necessary for declared emergencies and unforeseen
circumstances.
DISCUSSION
The current Use Agreements expire on June 30, 2024. In order to continue to provide
reduced field rates, priority use, and other benefits to the YSOs, staff is asking the City
Council to approve the attached Use Agreements with staff recommendations as
contained in this agenda report. These Use Agreements will be for the term of July 1,
2024, through June 30, 2027. The new facility use agreements will need to be executed
on or before June 30. It should be noted that a new agreement with Achieve Goals, Inc.
Item: 10.B.
166
Honorable City Council
06/05/2024 Regular Meeting
Page 2
is not included. This organization merged with Oaks FC and has not reserved fields in
Moorpark since Fall 2022. They stated that they currently cannot meet the contract
provisions and would need to evaluate the status of their league moving forward.
Staff is proposing only minor changes to the agreements, as detailed below. The
proposed changes were discussed with the YSOs at the May 6, 2024, Transportation and
Public Works Committee meeting. The YSO representatives did not express any
concerns regarding the proposed changes.
Changes to the 2024-2027 Use Agreements include:
• Updating the agreement term dates.
• Updating signatory names.
• Revising references to facility rentals rules and fees for consistency.
• Revising indemnity language per City Attorney recommendation.
• Adding maintenance requirements to Moorpark Little League (permanent outfield
fencing) and Moorpark Girls Softball (batting cages) for improvements made since
the last Use Agreements were executed (these improvements were authorized via
amendments to their respective current agreements).
• Adding an additional field for practices to Moorpark Soccer Club’s agreement due
to expansion of their league.
• In Attachment B, Insurance, number 4, revising “Sexual Abuse” to “Abuse and
Molestation”, as “Abuse and Molestation” is the typically used term for this type of
coverage.
It should be noted that hourly field rates are not being changed. These rates are based
on the City’s cost to maintain the fields. As costs have not increased, the fees will remain
at $8.75 for an athletic field and $6.00 for a ball field.
ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378 of the State CEQA Guidelines.
Therefore, no further environmental review is required.
FISCAL IMPACT
There is no anticipated fiscal impact, as hourly use fees are not changing, based on stable
costs for field maintenance.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
167
Honorable City Council
06/05/2024 Regular Meeting
Page 3
STAFF RECOMMENDATION
Approve Youth Sports Organization Use Agreements for the term of July 1, 2024, through
June 30, 2027, 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.
Attachment 1: Draft American Youth Soccer Organization Agreement
Attachment 2: Draft Moorpark Girls Softball Agreement
Attachment 3: Draft Moorpark Little League Agreement
Attachment 4: Draft Moorpark Musketeers Youth Football Agreement
Attachment 5: Draft Moorpark Soccer Club Agreement
Attachment 6: Draft United States Youth Volleyball League Agreement
168
AYSO Use Agreement Page 1 of 19
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 ________________,
2024, 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 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, 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.
The fields assigned to AYSO shall be at City’s sole discretion 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, use by City for its own programs, or any other reason as deemed
appropriate by the City Manager or his/her designated representative.
ATTACHMENT 1
169
AYSO Use Agreement Page 2 of 19
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 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.
The fields assigned to AYSO shall be at City’s sole discretion 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, use by City for its own programs, or any other reason
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 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 fifteen (15) 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 Facility Rental Rules and
Facility Rental Fees Resolutions.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 2024, and
ending on June 30, 2027, 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.
170
AYSO Use Agreement Page 3 of 19
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. 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 current Facility 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.
171
AYSO Use Agreement Page 4 of 19
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 Facility Rental Rules and Facility Rental Fees resolutions.
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 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
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
Facility Rental Rules and Facility 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.
172
AYSO Use Agreement Page 5 of 19
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 conditions 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.
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.
173
AYSO Use Agreement Page 6 of 19
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 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 Facility
Rental Rules 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
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
174
AYSO Use Agreement Page 7 of 19
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 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. 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
the storage room year-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.
175
AYSO Use Agreement Page 8 of 19
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 anyone 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 unless included on the approved Rental Permit. 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.
AYSO must pay to the City vendor fees as described in the current Facility Rental Fees
resolution.
11. Indemnification and Hold Harmless
To the fullest extent permitted by law, AYSO hereby agrees to defend, indemnify and hold
the City of Moorpark, its elected officials, officers, employees, agents, and volunteers (“City
Parties”), harmless with respect to any and all claims, liabilities, losses, costs, judgments,
damages, actions, causes of action, and/or expenses (including payment of reasonable
attorneys’ fees, and experts’ and all other related litigation costs, for damage to or
destruction of property, including personal property, and/or injury to or death of any
176
AYSO Use Agreement Page 9 of 19
person, including any of the City Parties (collectively, “Claims”), arising out or related,
directly or indirectly, to the operation of this Agreement or the use of City property or
facilities by AYSO, its employees, volunteers, agents, competition participants, invitees,
guests, contractors, or any person claiming authority based on AYSO being a party to this
Agreement (“AYSO Parties”). AYSO’s obligations hereunder shall not apply to the extent
any Claim is based on the sole negligence or willful misconduct of the City, as established
by agreement of the parties, or final judicial decision. Neither City Parties nor AYSO
Parties shall have any liability for Claims to the extent arising out of the acts, omissions, or
willful misconduct of any third party, i.e., any party other than the City Parties or AYSO
Parties.
.
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 shall adhere to City
specifications and standards.
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
177
AYSO Use Agreement Page 10 of 19
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 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
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:
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. 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
178
AYSO Use Agreement Page 11 of 19
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 any 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, 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 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
179
AYSO Use Agreement Page 12 of 19
and clear of all mechanics liens. AYSO 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 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 unless such use is included on the approved
Rental Permit. 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, odor, 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 pesticides or herbicides, it shall receive
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 accordance 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.
180
AYSO Use Agreement Page 13 of 19
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 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 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 terms and provisions
shall be determined in accordance with the laws of the state of California.
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.
181
AYSO Use Agreement Page 14 of 19
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 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 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.
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.
182
AYSO Use Agreement Page 15 of 19
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 recover 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.
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
183
AYSO Use Agreement Page 16 of 19
as Regional Commissioner and to provide the City with name, address, and 24-hour
contact phone number of the new Commissioner.
AYSO Region 363
Samuel Thomas
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 93020
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.
184
AYSO Use Agreement Page 17 of 19
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 Samuel Thomas
City Manager Regional Commissioner
Attest:
_________________________________
Ky Spangler City Clerk
Attachments: A: Premises
B: Insurance Requirements
185
AYSO Use Agreement Page 18 of 19
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
186
AYSO Use Agreement Page 19 of 19
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-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 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 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. ABUSE AND MOLESTATION
Abuse and Molestation insurance, with limits of no less than $1,000,000.00, and written on an
occurrence basis.
187
MGSA Use Agreement Page 1 of 20
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK GIRLS SOFTBALL 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 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.
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, 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 American
Youth Soccer Organization Region 363’s use of Premises as described in their
ATTACHMENT 2
188
MGSA Use Agreement Page 2 of 20
Agreement. The fall season may begin no earlier than August 1 and may conclude
no later than November 30.
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, 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 or Moorpark Packers dba
Moorpark Musketeers Youth Football 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, 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 modified with fifteen (15)
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 Facility Rental Rules and
Facility Rental Fees resolutions.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 2024, and
ending on June 30, 2027, 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:
189
MGSA Use Agreement Page 3 of 20
$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. 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 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 current Facility 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 Facility Rental Rules and Facility Rental Fees resolutions.
190
MGSA Use Agreement Page 4 of 20
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 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 reservation 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
Facility Rental Rules and Facility 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.
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.
191
MGSA Use Agreement Page 5 of 20
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 of 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
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 and shall prohibit any coach or participant from
interfering with a permitted park rental.
192
MGSA Use Agreement Page 6 of 20
7. Wet Field Policy
MGS agrees to abide by the terms of the Wet Field Policy as described in the Facility
Rental Rules 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 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.
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
193
MGSA Use Agreement Page 7 of 20
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-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 anyone 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 charge the
cost and expense of any such removal and disposal to MGS who agrees to pay the same
upon demand.
194
MGSA Use Agreement Page 8 of 20
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 unless included on the approved Rental Permit. 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 Facility Rental Fees
resolution.
11. Indemnification and Hold Harmless
To the fullest extent permitted by law, MGS hereby agrees to defend, indemnify and hold
the City of Moorpark, its elected officials, officers, employees, agents, and volunteers (“City
Parties”), harmless with respect to any and all claims, liabilities, losses, costs, judgments,
damages, actions, causes of action, and/or expenses (including payment of reasonable
attorneys’ fees, and experts’ and all other related litigation costs, for damage to or
destruction of property, including personal property, and/or injury to or death of any
person, including any of the City Parties (collectively, “Claims”), arising out or related,
directly or indirectly, to the operation of this Agreement or the use of City property or
facilities by MGS, its employees, volunteers, agents, competition participants, invitees,
guests, contractors, or any person claiming authority based on MGS being a party to this
Agreement (“MGS Parties”). MGS’s obligations hereunder shall not apply to the extent any
Claim is based on the sole negligence or willful misconduct of the City, as established by
agreement of the parties, or final judicial decision. Neither City Parties nor MGS Parties
shall have any liability for Claims to the extent arising out of the acts, omissions, or willful
misconduct of any third party, i.e., any party other than the City Parties or MGS Parties.
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
195
MGSA Use Agreement Page 9 of 20
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 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
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
196
MGSA Use Agreement Page 10 of 20
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.
8. Once installed, maintain batting cages. Fencing, shade screens (if installed),
and synthetic turf must be repaired within seventy-two (72) hours of
notification that repair is needed. Fencing, shade screens, and synthetic turf
shall be replaced if determined by the City said material is too worn to repair
or has outlived its useful life and requires replacing. Said items shall be
replaced within twenty-one (21) calendar days of notification of the need for
replacement.
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.
197
MGSA Use Agreement Page 11 of 20
3. Remove graffiti from fences, backstops, bleachers, and dug-outs.
4. Repair damage to fences, backstops, bleachers, and dug-outs when such
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.
198
MGSA Use Agreement Page 12 of 20
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 unless such use is included on the approved
Rental Permit. 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,
199
MGSA Use Agreement Page 13 of 20
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 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.
200
MGSA Use Agreement Page 14 of 20
20. Governing Law
MGS agrees that in the exercise of its rights under this Agreement, MGS 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
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
201
MGSA Use Agreement Page 15 of 20
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
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 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,
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
202
MGSA Use Agreement Page 16 of 20
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, 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 President. It is the responsibility of MGS 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.
Moorpark Girls Softball
Trevor Esaki
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 include the
plural and the plural number shall include the singular, wherever the context so requires.
203
MGSA Use Agreement Page 17 of 20
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.
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
_______________________________ _______________________________
Troy Brown Trevor Esaki
City Manager President
204
MGSA Use Agreement Page 18 of 20
Attest:
_________________________________
Ky Spangler City Clerk
Attachments: A: Premises
B: Insurance Requirements
205
MGSA Use Agreement Page 19 of 20
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
For tournaments only
206
MGSA Use Agreement Page 20 of 20
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-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 the
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. ABUSE AND MOLESTATION
Abuse and Molestation insurance, with limits of no less than $1,000,000.00, and written on an
occurrence basis.
207
MPLL Use Agreement Page 1 of 18
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK LITTLE LEAGUE 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 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.
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, use
by City for its own programs, or any other reason as deemed appropriate by the City
Manager or his/her designated representative.
ATTACHMENT 3
208
MPLL Use Agreement Page 2 of 18
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 fifteen(15) 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 Facility Rental Rules and
Facility Rental Fees resolutions.
2. Term
The term of this Agreement shall be for up to three (3) years, commencing on July 1, 2024,
and ending on June 30, 2027, 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 cause 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. 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.
209
MPLL Use Agreement Page 3 of 18
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 current Facility 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 Facility Rental Rules and Facility Rental Fee resolutions.
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 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 public 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.)
210
MPLL Use Agreement Page 4 of 18
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
Facility Rental Rules and Facility 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
211
MPLL Use Agreement Page 5 of 18
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
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 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 Facility
Rental Rules 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,
212
MPLL Use Agreement Page 6 of 18
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.
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 anyone 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 unless included on the approved Rental Permit. 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 Facility Rental Fees
resolution.
213
MPLL Use Agreement Page 7 of 18
11. Indemnification and Hold Harmless
To the fullest extent permitted by law, MPLL hereby agrees to defend, indemnify and hold
the City of Moorpark, its elected officials, officers, employees, agents, and volunteers (“City
Parties”), harmless with respect to any and all claims, liabilities, losses, costs, judgments,
damages, actions, causes of action, and/or expenses (including payment of reasonable
attorneys’ fees, and experts’ and all other related litigation costs, for damage to or
destruction of property, including personal property, and/or injury to or death of any
person, including any of the City Parties (collectively, “Claims”), arising out or related,
directly or indirectly, to the operation of this Agreement or the use of City property or
facilities by MPLL, its employees, volunteers, agents, competition participants, invitees,
guests, contractors, or any person claiming authority based on MPLL being a party to this
Agreement (“MPLL Parties”). MPLL’s obligations hereunder shall not apply to the extent
any Claim is based on the sole negligence or willful misconduct of the City, as established
by agreement of the parties, or final judicial decision. Neither City Parties nor MPLL Parties
shall have any liability for Claims to the extent arising out of the acts, omissions, or willful
misconduct of any third party, i.e., any party other than the City Parties or MPLL Parties.
The City does not, and shall not, waive any rights that it may 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, 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 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:
214
MPLL Use Agreement Page 8 of 18
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
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, 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 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 Ballfield
#2 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.
215
MPLL Use Agreement Page 9 of 18
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 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 installed 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. Once installed, maintain permanent outfield fencing on Ballfield #1. MPLL
shall be responsible for maintaining the permanent outfield fence on Ballfield
#1, including fencing, posts, gates, and caps. Fencing, posts, gates, and
caps must be repaired within seventy-two (72) hours of notification that repair
is needed. Fencing, posts, gates, and caps shall be replaced if determined by
the City said material is too worn to repair or has outlived its useful life and
requires replacing. Said items shall be replaced within twenty-one (21)
calendar days of notification of the need for replacement.
9. Remove graffiti from outfield 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.
10. 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 equivalent per City’s written
approval. Netting shall be installed secure, with tension 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 equivalent per City’s
written approval.
11. Mow turf areas from the infield up to the temporary fence around the outfield
perimeter.
12. 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.
216
MPLL Use Agreement Page 10 of 18
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.
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
217
MPLL Use Agreement Page 11 of 18
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 unless such use is included on the approved
Rental Permit. MPLL 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
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
218
MPLL Use Agreement Page 12 of 18
by law. This shall include, but shall not be limited to, contaminated 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, 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 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 "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
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 its 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.
219
MPLL Use Agreement Page 13 of 18
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
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 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 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.
220
MPLL Use Agreement Page 14 of 18
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
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 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 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
221
MPLL Use Agreement Page 15 of 18
as Regional Commissioner and to provide the City with name, address, and 24-hour
contact phone number of the new Commissioner.
Moorpark Little League
Dafna Dellamaggiore
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.
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.
222
MPLL Use Agreement Page 16 of 18
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.
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 Dafna Dellamaggiore
City Manager President
Attest:
_________________________________
Ky Spangler City Clerk
Attachments: A: Premises
B: Insurance Requirements
223
MPLL Use Agreement Page 17 of 18
Attachment A
Premises
Ballfield 1 and 2 at Poindexter Park
Storage Room
224
MPLL Use Agreement Page 18 of 18
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-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. ABUSE AND MOLESTATION
Abuse and Molestation insurance, with limits of no less than $1,000,000.00, and written on an
occurrence basis.
225
MUSKETEERS Use Agreement Page 1 of 17
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 ________________,
2024, 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.
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, 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
ATTACHMENT 4
226
MUSKETEERS Use Agreement Page 2 of 17
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
Moorpark Girls Softball or American Youth Soccer Organization Region 363 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, 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 fifteen (15) 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 Facility Rental Rules
and Facility Rental Fees resolutions.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 2024, and
ending on June 30, 2027, 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
227
MUSKETEERS Use Agreement Page 3 of 17
B. Staff Fees: Staff fees as described in the current City Council Facility 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 Facility 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
Facility Rental Fees resolutions.
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.
228
MUSKETEERS Use Agreement Page 4 of 17
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
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
Facility Rental Rules and Facility 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.
229
MUSKETEERS Use Agreement Page 5 of 17
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.
B. 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
each year. 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 authorized
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 Agreement.
MUSKETEERS further agrees 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.
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 Facilities 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.
230
MUSKETEERS Use Agreement Page 6 of 17
Fields are closed under the following conditions:
A. Rain (except for 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. 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-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 anyone 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.
231
MUSKETEERS Use Agreement Page 7 of 17
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 unless included on the approved Rental Permit. 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.
MUSKETEERS must pay to the City vendor fees as described in the current Facility Rental
Fees resolution.
11. Indemnification and Hold Harmless
To the fullest extent permitted by law, MUSKETEERS hereby agrees to defend, indemnify
and hold the City of Moorpark, its elected officials, officers, employees, agents, and
volunteers (“City Parties”), harmless with respect to any and all claims, liabilities, losses,
costs, judgments, damages, actions, causes of action, and/or expenses (including payment
of reasonable attorneys’ fees, and experts’ and all other related litigation costs, for damage
to or destruction of property, including personal property, and/or injury to or death of any
person, including any of the City Parties (collectively, “Claims”), arising out or related,
directly or indirectly, to the operation of this Agreement or the use of City property or
facilities by MUSKETEERS, its employees, volunteers, agents, competition participants,
invitees, guests, contractors, or any person claiming authority based on MUSKETEERS
being a party to this Agreement (“MUSKETEERS Parties”). MUSKETEERS’s obligations
hereunder shall not apply to the extent any Claim is based on the sole negligence or willful
misconduct of the City, as established by agreement of the parties, or final judicial
decision. Neither City Parties nor MUSKETEERS Parties shall have any liability for Claims
to the extent arising out of the acts, omissions, or willful misconduct of any third party, i.e.,
any party other than the City Parties or MUSKETEERS Parties.
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,
232
MUSKETEERS Use Agreement Page 8 of 17
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.
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 trash
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.
233
MUSKETEERS Use Agreement Page 9 of 17
B. City shall be responsible to perform the following:
1. Irrigate, mow, fertilize, and aerate at City’s expense turf areas within
Premises.
C. 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.
D. City agrees to allow MUSKETEERS 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. 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 other 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
234
MUSKETEERS Use Agreement Page 10 of 17
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 unless such use is included on the
approved Rental Permit. 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.
235
MUSKETEERS Use Agreement Page 11 of 17
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
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
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.
236
MUSKETEERS Use Agreement Page 12 of 17
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.
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 equally, and shall not be
interpreted against either party on the ground that the party prepared the Agreement or
caused it to be prepared.
237
MUSKETEERS Use Agreement Page 13 of 17
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,
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 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 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 President. It is the
responsibility of MUSKETEERS 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
238
MUSKETEERS Use Agreement Page 14 of 17
contact phone number of the new President.
Moorpark Musketeers Youth Football
Jimmy Moore
207 West Los Angeles Avenue
P.O. Box #231
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.
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.
239
MUSKETEERS Use Agreement Page 15 of 17
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 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 Jimmy Moore
City Manager President
Attest:
_________________________________
Ky Spangler City Clerk
Attachments: A: Premises
B: Insurance Requirements
240
MUSKETEERS Use Agreement Page 16 of 17
Attachment A
Premises
FALL SEASON:
Athletic fields #4 and #5, Monday through Friday
Storage room
TOURNAMENTS:
Up to ten (10) athletic fields
Storage room
WINTER SEASON AND ALL OTHER USE:
Athletic fields #4 and #5
Storage room
Arroyo Vista Community Park
241
MUSKETEERS Use Agreement Page 17 of 17
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 cancellation 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-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
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. ABUSE AND MOLESTATION
Abuse and Molestation insurance, with limits of no less than $1,000,000.00, and written on an
occurrence basis.
242
MSC Use Agreement Page 1 of 18
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 ________________,
2024, 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”, Mammoth Highlands Park (MHP) 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. During all use periods for
practices only, the athletic field at Mammoth Highlands Park, so long as such use
does not interfere with United States Youth Volleyball (USYVL) use of Premises as
identified in their Agreement.
ATTACHMENT 5
243
MSC Use Agreement Page 2 of 18
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 May 31.
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 for maintenance, 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 and may not interfere with AYSO, MGS, or Musketeers 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 Facility Rental Rules and
Facility Rental Fees resolutions.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 2024, and
ending on June 30, 2027, 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. 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.
244
MSC Use Agreement Page 3 of 18
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 Facility 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 Facility Rental Rules and Facility Rental Fees resolutions.
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 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 have
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.
245
MSC Use Agreement Page 4 of 18
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
Facility Rental Rules and Facility 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.
246
MSC Use Agreement Page 5 of 18
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.
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 January
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 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 Facility
Rental Rules 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
247
MSC Use Agreement Page 6 of 18
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
MSC or anyone 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 unless included on the approved Rental Permit. 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 Facility Rental Fees
resolution.
10. Indemnification and Hold Harmless
To the fullest extent permitted by law, MSC hereby agrees to defend, indemnify and hold
the City of Moorpark, its elected officials, officers, employees, agents, and volunteers (“City
Parties”), harmless with respect to any and all claims, liabilities, losses, costs, judgments,
damages, actions, causes of action, and/or expenses (including payment of reasonable
attorneys’ fees, and experts’ and all other related litigation costs, for damage to or
destruction of property, including personal property, and/or injury to or death of any
person, including any of the City Parties (collectively, “Claims”), arising out or related,
248
MSC Use Agreement Page 7 of 18
directly or indirectly, to the operation of this Agreement or the use of City property or
facilities by MSC, its employees, volunteers, agents, competition participants, invitees,
guests, contractors, or any person claiming authority based on MSC being a party to this
Agreement (“MSC Parties”). MSC’s obligations hereunder shall not apply to the extent any
Claim is based on the sole negligence or willful misconduct of the City, as established by
agreement of the parties, or final judicial decision. Neither City Parties nor MSC Parties
shall have any liability for Claims to the extent arising out of the acts, omissions, or willful
misconduct of any third party, i.e., any party other than the City Parties or MSC Parties.
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, 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 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
249
MSC Use Agreement Page 8 of 18
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
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. 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.
250
MSC Use Agreement Page 9 of 18
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
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.
E. City agrees to allow MSC to place up to ten (10) portable lights on Premises at
AVCP for evening lighting. MSC shall be responsible for ensuring lighting meets
applicable sports field lighting standards and regulations. MSC assumes all liability
associated with use of portable lights.
Lights may be turned on up to thirty (30) minutes prior to sunset and must be turned
off no later than 9:00 p.m. Use of portable lights must be included on the
Reservation Request and approved by City. Lights must be placed such that they do
not disturb neighboring homes. Lights must be transported onto Premises by hand
or handcart, and may not be stored on Premises.
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 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 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 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. 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
251
MSC Use Agreement Page 10 of 18
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 unless such use is included on the approved
Rental Permit. 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
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 nearby 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 herbicide 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 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
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
252
MSC Use Agreement Page 11 of 18
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.
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, 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
253
MSC Use Agreement Page 12 of 18
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 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 MSC 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 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.
254
MSC Use Agreement Page 13 of 18
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.
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.
255
MSC Use Agreement Page 14 of 18
Moorpark Soccer Club, Inc.
Goldie Harris
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
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.
256
MSC Use Agreement Page 15 of 18
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 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 Goldie Harris
City Manager President
Attest:
_________________________________
Ky Spangler
City Clerk
Attachments: A: Premises
B: Insurance Requirements
257
MSC Use Agreement Page 16 of 18
Attachment A
Premises
Campus
Canyon Park
Athletic Field
Outfield and
adjacent turf
Mammoth
Highlands Park
Athletic Field
(Practices Only)
258
MSC Use Agreement Page 17 of 18
Tournaments:
Arroyo Vista
Community Park
Up to 10 athletic
fields and 4 ball
field outfields
259
MSC Use Agreement Page 18 of 18
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 receipt 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-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 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 use 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. ABUSE AND MOLESTATION
Abuse and Molestation insurance, with limits of no less than $1,000,000.00, and written on an
occurrence basis.
260
USYVL Use Agreement Page 1 of 16
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 ________________,
2024, 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, 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 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 improvements
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, use
by City for its own programs, or any other reason as deemed appropriate by the City
Manager or his/her designated representative.
ATTACHMENT 6
261
USYVL Use Agreement Page 2 of 16
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 Facility Rental Rules and
Facility Rental Fees resolutions.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 2024, and
ending on June 30, 2027, 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. 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 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 Facility Rental Fees resolution. This includes, but is not limited to, permit
application fees, change fees, vendor fees, security deposits, cancellation fees, refund
262
USYVL Use Agreement Page 3 of 16
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 Facility Rental Rules and Facility Rental Fees resolutions.
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 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
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 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
Facility Rental Rules and Facility 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
263
USYVL Use Agreement Page 4 of 16
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. USYVL shall abide by all conditions and requirements 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
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.
264
USYVL Use Agreement Page 5 of 16
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 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 Facility
Rental Rules 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
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 anyone 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.
265
USYVL Use Agreement Page 6 of 16
9. Vendors
Vendors are not permitted unless included on the approved Rental Permit. 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.
USYVL must pay to the City vendor fees as described in the current Facility Rental Fees
resolution.
.
10. Indemnification and Hold Harmless
To the fullest extent permitted by law, USYVL hereby agrees to defend, indemnify and hold
the City of Moorpark, its elected officials, officers, employees, agents, and volunteers (“City
Parties”), harmless with respect to any and all claims, liabilities, losses, costs, judgments,
damages, actions, causes of action, and/or expenses (including payment of reasonable
attorneys’ fees, and experts’ and all other related litigation costs, for damage to or
destruction of property, including personal property, and/or injury to or death of any
person, including any of the City Parties (collectively, “Claims”), arising out or related,
directly or indirectly, to the operation of this Agreement or the use of City property or
facilities by USYVL, its employees, volunteers, agents, competition participants, invitees,
guests, contractors, or any person claiming authority based on USYVL being a party to this
Agreement (“USYVL Parties”). USYVL’s obligations hereunder shall not apply to the extent
any Claim is based on the sole negligence or willful misconduct of the City, as established
by agreement of the parties, or final judicial decision. Neither City Parties nor USYVL
Parties shall have any liability for Claims to the extent arising out of the acts, omissions, or
willful misconduct of any third party, i.e., any party other than the City Parties or USYVL
Parties.
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 monitor
compliance with requirement set forth in this Agreement imposes no additional obligations
266
USYVL Use Agreement Page 7 of 16
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.
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 using 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. 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
267
USYVL Use Agreement Page 8 of 16
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.
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 Agreement.
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.
268
USYVL Use Agreement Page 9 of 16
14. Amplified Sound
USYVL agrees not to use amplified sound unless such use is included on the approved
Rental Permit. 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 Premises. 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 contamination of City's facilities located on, near or
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
269
USYVL Use Agreement Page 10 of 16
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
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 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
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.
270
USYVL Use Agreement Page 11 of 16
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 such that it cannot reasonably be
cured within thirty (30) days, if USYVL 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.
271
USYVL Use Agreement Page 12 of 16
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.
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 Sanchez
2771 Plaza Del Amo, Suite 808
Torrance, CA 90503
272
USYVL Use Agreement Page 13 of 16
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 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.
273
USYVL Use Agreement Page 14 of 16
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 Veronica Sanchez
City Manager USYVL Director of Programs
Member-at-Large
Attest:
_________________________________
Ky Spangler
City Clerk
Attachments: A: Premises
B: Insurance Requirements
274
USYVL Use Agreement Page 15 of 16
Attachment A
Premises
Mammoth Highlands Park, Athletic Field
275
USYVL Use Agreement Page 16 of 16
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, 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. 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-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 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. ABUSE AND MOLESTATION
Abuse and Molestation insurance, with limits of no less than $1,000,000.00, and written on an
occurrence basis.
276