HomeMy WebLinkAboutAGENDA REPORT 2007 0718 CC REG ITEM 10L rCM 10- L .
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
I'/8'0749 9
ACTION:
MOORPARK CITY COUNCIL '°
AGENDA REPORT sY:
TO: The Honorable City Council
FROM: Mike Atkin, Recreation and Community Services Manager,
DATE: July 11, 2007 (Meeting of July 18, 2007) l
SUBJECT: Consider Use Agreements with Moorpark Packer Football,
Moorpark American Youth Soccer Organization and Moorpark
Soccer Club
BACKGROUND
In 1997 and then again in 2002, the City Council approved five-year use
agreements with the major youth sports organizations in Moorpark. Among other
things, the agreements identify parks and park amenities, use dates, site and
amenity improvements, and maintenance responsibilities granted to each
organization. The annual use fee for those organizations using sports fields is
$1.00 per year; Moorpark Basketball Association pays a reduced hourly use fee
for the use of the Arroyo Vista Recreation Center (AVRC) gymnasium. Moorpark
Girls Softball Association, AYSO, and Packer Football also pay for the use of the
concession stands at AVCP from the proceeds of their food sales.
DISCUSSION
Moorpark Packers (Packers), American Youth Soccer Organization (AYSO) and
Moorpark Soccer Club (MSC) agreements expire in 2007 and the City Council is
being asked to approve new five-year agreements. Language has been added to
the proposed agreements requiring all groups to adhere to the City's sign policy
and providing for the implementation of a non-resident player fee at the start of
the 2008 season. As a fairness issue, staff proposes setting a youth sports non-
resident fee equal to the amount Moorpark residents pay annually to maintain
City parks. In FY 2006/2007, single-family residences paid $47.32. Staff
proposes working with the youth sport organizations to develop a fee
methodology whereby a non-resident participant would pay an equivalent of
$47.32 (current amount for a single-family unit for the Parks Maintenance
Assessment) per year to participate in Moorpark based youth sports. To address
the probability that a non-resident youth may play in more that one sport or
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Honorable City Council
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Page 2
several youth family members may participate with Moorpark youth sports
organizations, the fee methodology may include a prorated formula or other
means, to ensure that a non-resident family does not pay more than the then
current assessment rate approved each year. The final methodology will be a
topic at the next Youth Sports Committee and will be presented to the Council for
action prior to implementation.
Other than the aforementioned additions, only minor cleanup changes were
made to the previous agreement's provisions. The respective organizations were
provided with draft copies for their review and comment. The agreements
address the following conditions:
Moorpark Packers
Packers have the use of the football field and "practice" field at Arroyo Vista
Community Park (AVCP) between approximately the third week of July to the
second week of December, at $1 .00 per year, each year the agreement is in
effect. As with the previous agreement, Packers may use portions of the City's
storage room to store equipment and a maintenance vehicle; and perform certain
field maintenance work with the approval of, and under the supervision of, the
City. The City also allows use of amplified sound by the Packers for authorized
football games between the hours of 9 a.m. and 6 p.m. on Saturday provided that
the noise level resulting from the amplified sound does not exceed 55 decibels at
the southern property boundary of AVCP and that said sound system is operated
by an adult at all times.
AYSO
The use agreement with AYSO provides them with use of soccer fields at AVCP
between the dates of August through December (Fall Season) and April through
June (Spring Season). AYSO's winter season overlaps with Girls Softball's
season, although Girls Softball plays its games on Saturday and AYSO plays on
Sundays during the winter. Similar to the other youth sports agreements, AYSO's
use fee is $1.00 for use of the fields and $1,000 for the use of the concession
facility, payable each year. Additionally, AYSO is granted the use of storage
room space to store equipment and a maintenance vehicle; and to perform
certain field maintenance work with the approval of, and under the supervision of
the City.
Moorpark Soccer Club
Moorpark Soccer Club (MSC) has use of the athletic field and park area at
Campus Canyon Park from August through November each year. The
agreement ensures MSC agrees not to drive any vehicle, or allow any vehicle to
be driven onto the Premises or any area of Campus Canyon Park with out the
written consent of the City or store any property at Campus Canyon Park.
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Most of the Moorpark youth sports organizations like to host regional
tournaments. They often serve as fundraising events for the organization. In an
effort to provide consistency among the Youth Sports Use Agreements and to
ensure that the City is not overly burdened with the cost of wear and tear of its
park facilities, staff proposes that each agreement include one tournament with
no additional fees except direct costs, including, but not limited to ball field lights,
additional trash and recycling bins, portable toilets and a minimum of one staff
person to monitor facility use and respond to the public's needs, at the City's sole
discretion Tournaments generate an intense use of park facilities, typically over a
two-day period. Any tournaments beyond the one granted in the use agreement
would be subject to the City's approved Park Facility Rental Fee Schedule.
While the youth sports groups who enter into use agreements with the City have
primary rights to use the facilities granted in the agreement during the dates
identified, the City maintains its exclusive right to manage the use of its facilities,
including the softball and baseball fields, and to allow for their use by other
groups or individuals when they are not in use by the aforementioned parties.
Additionally, the City may preempt the use of said facilities upon thirty days
written notice. Each Use Agreement also includes a Use Fee Adjustment
provision that allows the City to adjust use fees thirty days before the start of
each respective season, upon written notice.
STAFF RECOMMENDATION
Approve five-year Use Agreements with Moorpark American Youth Soccer
Organization, Moorpark Packer Football, and Moorpark Soccer Club, subject to
final language approval of the City Manager and City Attorney, and authorize the
City Manager to execute the agreements on behalf of the City.
Attachments A: AYSO Agreement
B: Packer Football Agreement
C: Soccer Club Agreement
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ATTACHMENT A
AGREEMENT BETWEEN THE CITY OF MOORPARK
AND AMERICAN YOUTH SOCCER ORGANIZATION, REGION 363
THIS USE AGREEMENT(hereinafter"Agreement") is made and entered into
as of this day of , 2007 by and between the CITY OF
MOORPARK (hereinafter"City") and American Youth Soccer Association, Region
363, a Non - Profit Corporation (hereinafter "AYSO").
THE PARTIES AGREE THAT:
Section 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 including
but not limited to the park area between the baseball diamonds east to
the football field (hereinafter "Park Area") and the snack bar and its
storage room which is accessible from the food service area
(hereinafter"Snack Bar") at Arroyo Vista Community Park (hereinafter
"AVCP") described in Exhibit"A" attached hereto and by this reference
incorporated herein, together with any and all improvements thereon
(all of which are hereinafter referred to as the "Premises").
Section 2. TERM
The term of this Agreement shall be for five years, commencing on
March 1, 2007 and ending on February 28, 2012, 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.
Section 3. USE FEES
AYSO further agrees to pay the City at time of execution of
Agreement, in total, annual use fees as follows:
A. One Dollar ($1.00) for the period of August 1, 2007, through July
31 , 2008, and for every year thereafter on August 1 through the
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term of Agreement for the use of Park Area.
Section 4. ADJUSTMENTS OF USE FEES
For the year August 1, 2007, and for each year this Agreement is in effect,
the City may adjust the Use Fees, referenced in Sect;,)n 3.A on or before the
beginning of the new year by giving AYSO written notice prior to March 1
Furthermore, Organization agrees to work w'lilh the City to implement a non-
resident Use Fee if so directed by City. . If no su^h notification is given, the
Use Fees for the next year shall be ,he same amount es the prior year.
Section 5. USE
The Premises sha.!! he used for the 1cllowing specified purposes only and
shall not be used for an, other pu,pose without the prior written content of
the City:
A. The field portion of P.-emi;•es ,hall be :ised for AYSO's authorized
games, practices and training sessions for ^oache: and referees tied
spec ally to of cial seasc^s, held during the months if August through
DecemLer (Fall Season) and April through .rune (Spring Season) each
;year. A schedule of seia game;: and p,-actices shall be furnished to the
D rectcr of ;ommunity .;er\!ices fo, the City's written approval prior to
August 1 of each year, which approval shall not be unreasonably
withheld..
B. The 0nack Bar !>hall be used for AYSO's authorized games and
practices nor the Fall Season.
C. AYSO agrees to remove its property from the Snack Bar one week
after its last game of each season and shall not begin storage of its
property until the first day of each Season. AYSO shall use storage
room to store maintenance and game equipment and food and drink
supplies only. AYSO shall be provided with a key to the Snack Bar prior
to the start of the Fall season and shall be responsible for securing it .
Said key(s) shall not be duplicated. Upon vacating the Snack Bar,AYSO
shall return the key(s) to the City. AYSO shall be required to vacate the
storage room adjacent to the snack bar upon thirty (30) days written
notice from the City if they are needed for City purposes.
D. At all times, City retains the right to use Premises at its discretion for
City sponsored and co-sponsored events upon no less than thirty (30)
days written notice to AYSO. During the fall and spring seasons, the
general public shall have access to and use of said Premises at a time of
day and or on a day that is not included in the schedule submitted by
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AYSO in writing and approved in writing by the City. AYSO shall not
have priority use of Premises outside of the approved schedule.
E. The sale and consumption of food and beverages shall be at the
discretion of AYSO with the exception that no , bolic beverages shall
be sold or consumed on Premises. AYSO 'call obta all required health
and other permits for the preparation„zvi sale of foot and beverages.
F,
F. City agrees to allow AYSO° o accese` eld j�,ortiofl of Premises with
no more than two vehicles for.,£the <pecific purpose of setting up and
taking down soccerequipent ply FgYO,.agrees°not t use vehicles
on the field whenever the g oundJs wet, for',whatev'or reason, without
obtaining,Citft written approval. AlW also gees th;a#vehicles it uses
forth "purpose shall note eec` gross ve:iicle weight (-NW) of 5,400
pouhds. 4 .
Secriton 6. "DGINS
AY O gree �ot to perri t the cons n i .placement of any sign,
signkaoar or rth��r forr �.pf 0u14,0 ad-ertisirn the Premises without the
prior vt�ritten cor`�sogt ofi4th�:.City. to the vent of a violation of this provision
by\AYS or any on cla ing�,."unda yp 0,
AYS(141erbVuthc fiz�Cii'y,,as M1AYSO's Agent, to enter the Premises and to
removend uisposeof arw, °z�uch sign, signboard or other advertising, and to
charge the cost and expense of any such removal and disposal to AYSO
who agree,.to ppy-the same upon demand.
This provision does not exclude the use of identification banners for
individual teams and sponsors, which may be displayed during games and
shall be removed following the end of each game.
Section 7. INDEMNIFICATION AND HOLD HARMLESS
AYSO hereby agrees to hold harmless and indemnify City, its officers,
agents, and employees, and its successors and assigns, from and against all
claims, loss, damage, actions, causes of actions, expense and/or liability
arising or growing out of loss or damage to property, including City's own
personal property, or injury to or death of persons, including employees of
City, resulting in any manner whatsoever directly or indirectly, by reason of
this Agreement or the use of the Premises by AYSO or any person claiming
use under or through AYSO unless such loss, damage, injury, or death is
due to the sole negligence of the City. AYSO shall also hold the City
harmless from all costs and expenses, including costs of investigation arising
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out of or incurred in the defense of any claim, proceeding, or action brought
for injury to persons or damage to property, resulting from or associated with
the use of said Premises under this Agreement and shall further save and
hold harmless the City from any and all orders, judgments, and decrees
which may be entered in any and all such suit or actions. AYSO and all
others using said Premises under this Agreement hereby waive any and all
claims against the City of damage to persons or property in, or about said
Premises.
The City does not, and shall not, waive any,,r-6kts that it"-nay have against
AYSO by reason of this Section, becau,,, " f the accept-ice by the City, or
the deposit with the City, of any (r 'uranG \policy or certificate required
pursuant to this Agreement. aid hold °fled"s a'�A indemnification
provision shall apply regardless of Wheth r'br not said,nsurance policies are
determined to be applicaple +o the lair{ demand, d4Mago liability, loss,
cost or expense described In fh° s Section T"ie p ovisior;� of Phis Section 7
shall survive the, cpiratio�� or terr`��inatic�;n of this Areemet.
Section 8. LlvkBILITY INS 'JI:RANCE L ox
As a condition pr�-ceentf theff t' enema "a#thisAgreement, AYSO shall
procure,"-";,, hereafter m� intai in ull force's effect at AYSO's sole cost
and expense, public ll ,bllity surance. poi writen with a company
vacc tA"ble toy Crty and autho iize to d us-'yes "i.�the State of California.
;such ooli .y sh'�II";�rovfor an4aimti coverage of Two Million Dollars
($ ,OOG,OOG.00)"`orbodity i�iury oeat_ of any person or persons in any
one ccurrencee, ai d (one Kllilkn Doll's ($1,000,000.00)for loss by damage
rg
or injt;+."ry tc property ir�r,,.,any one ,,occurrence and shall include automobile
coverage. .`hh policy sh,911 contain a provision providing for a broad form of
contractual liability, including Product Liability coverage if food and
beverages,-are dispensed on Premises. The policy or policies shall be written
on an occurrence-pasis. The policy shall name AYSO as the insured and the
City of Moorpark, its officials, employees, and agents as an additional
insured. The policy shall also provide that the City shall be notified in writing,
at least thirty (30) days prior to any termination, amendment cancellation or
expiration thereof. AYSO shall furnish City evidence of all insurance policies
required by this Agreement in the form of a Certificate of Insurance.
Section 9. CASUALTY INSURANCE
The parties each specifically acknowledge that City shall not be obligated to
keep the Premises insured against fire, or any other insurable risk. AYSO
hereby and forever waives all right to claim or recover damages from City in
any amount as the result of any damage to the Premises by fire, earthquake,
flooding, storm or any other cause.
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Section 10. IMPROVEMENTS
AYSO shall not make any alterations, additions, or improvements upon the
Premises without the prior written consent of the City. All alterations,
additions and improvements shall be done in a good and workmanlike
manner and diligently prosecuted to completion, and sI),atl beperformed and
maintained in strict accord with all Federal, State., County, an)`dl local laws,
ordinances, codes and standards relating the reto :Performance-cif work shall
be subject to City monitoring and inspecti �.` At City's sole dfscretion, work
may be stopped if it does not conform City specjFi ,,ati'l s an i standards.
Unless otherwise expressly agreed to in vritina:by the City; a ny alterations,
additions and improvements ,-,-tv all remairi on end be ,surrendered with the
Premises upon the expiration qr term nation f th°�s Agr0pment:`,AYSZO shall
timely pay all costs as.sQciated kith any npd a 4mprovem nts, an :,shaitkeep
the Premises free and clear of ill rr ch&nics faens AYSO agree"s toNand
shall indemnif,% defend and save ityf .ee a d Hi IrmlEss against alf'Iiability,
loss, damage, osts aitorne',/s flies `°ar°tll oti�.er expenses of any r)alt are
resultiing from aii,y AYSO alterations, d ition; , oil. improvements to the
Premises. v }
At such time asAYS cates" remi:��,,,all ' pro ements to Premises
not already dwned.by City shale b�ome e perty of the City unless
otherwise`'gutl-�brize by'rity in waitin
a s
Section 11. FLAMMABLE MATERIAL, WASTE AND NUISANCES
AYSO agrees that ;t ill 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. 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, 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
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sound or field lighting on Premises for any reason, without the prior written
consent of City.
Notwithstanding the above, AYSO shall not install, operate or maintain, or
cause, or permit to be installed, operated or maintained any electrically
charged fence on the Premises.
Section 12. PESTICIDES AND HERBICIDES
AYSO 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. 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:°
Section 13. STORAGE TANKS
Notwithstanding anything to the contC way set fortftt n 0-,is A6reement, AYSO
shall not have the right to install underground pr-above gr bun&�3torage tanks,
as defined by any and all app; ble I ws regulations,,with ut the prior
written consent of the City.'
Section 14. HAZARDOU`S �hATEMAL IN EMI''TY
s.
AYSO hereby,agrees r indOmnif-ari, bold harn-,jess'City, and its r per;tive
off' rs, empl' yee a6d agents fr te!nd g nst any and all claims,
actions, losses, liabI,it#FS, costs ndd pe n (a) :including, without
nitatioR,, all e�,eeable anO all u iforeseeable
"c r se �ential damages,
d rp�ctly�r i'r�direCtly`larising out o' he se, r)e tionN-s`torage or disposal of
Haztard&4s M'tateri�I c� th6 ?remi s y YSO; +` d (b) including, without
limitai on, he °,ost o .q any r ,quire' r r cessary repair, cleanup, or
detoxification and.,theprepara"tion' f an I osure or other required plans, to
the full NeXtent that, sueh Motion is a°ttrfbutable, directly or indirectly, to the
presence, or u-,e;,, gen ration, -storage, release, threatened release, or
disposal of 1-!aza'rdous V'aterias on the Premises by AYSO. As used in this
Section, Hazardous Ma trials means any flammable explosives, radioactive
materials, asbd.5tosv---rCBs, hazardous water, toxic substances of related
materials, includrjg, without limitation, substances, defined as "hazardous
substances", "hazardous materials", or "toxic substances" in the
Comprehensive Environmental Response, Compensation and Liability Act of
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1980, as amended, 42 USC, Section 9601, et seg.; the Resource
Conservation and Recovery Act, 42 USC, Section 6901, et seg.; the Toxic
Substances Control Act, 15 USC, Section 2601, et se g.; 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.
Section 15. MAINTENANCE
Except as specifically provided for in the Agreement, all maintenance of, and
repairs to Premises shall be done at City's sole discretion and shall be
performed by City force account or by City's autnorized agent unless
approved by City in writing. All maintenance :end repair authorized to be
performed by AYSO shall adhere to City s ecificot;ons and standards. All
improvements shall meet City and other applicable odes, regulations, and
standards including but not limited to building anj zoning cedes.
A. During the period of August 1 `hrou ih Oe�-,ember 31 and
April 1 through June 30, AYSO shall be responsible to perform the
following maintenance on Pre,-rlisec (Park Area aod Snack gar).
1. Nark soda r field lines uoirg a wate� basa paint only.
2. Pickup t.as,i on and around Premises and provide for
additienal trash containers. On each day cif use fallowing the last
sc;-,eduiad game or pra^tice. if tram containers are full, empty
�ontonts of trasr, contairgrs into trasr, dumpster located at
AVC P.
3. Throughout the term of t� s Agreement, maintain storage bin
in good warking order, repainting when necessary. Graffiti shall
be removed wit iin seventy-two (72) hours of City's notification to
do so. In the F•vent of violation of this provision, AYSO hereby
author'kzes amity, as AYSO's agent, to remove graffiti and to
charge tote cost and expense of any such removal to AYSO who
agrees to pay the same upon demand.
4. Maintain and clean Snack Bar including counters, sinks,
floors, and walls after each use; remove and dispose of all trash
in and around Snack Bar to trash bins provided by City.
5. Notify City, prior to the start of spring season, regarding'the
number of goals needed. All available goals will be installed
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for the fall season.
B. During the period of August 1 through December 31 and April 1
through June 30, City shall be responsible to perform the following:
1. Install and secure soccer goals for fal! and spring seasons.
City shall attempt to vary the placemer�-�the goals from season
to season to maintain the integrity of the 'urf and s;iall consult
with AYSO to identify mutually agreeab!E iocetions prior to
installation
2. Irrigate, and mow turf areas whiO comprise the soccer gelds
contained within Premi,,�es at G+y's e.,pense.
3. Dui ing AYSO's authori:ed use perioci for the Snack Bar, City
shall, of its expense, perform rc,utinE maintenance for norr;��
wear ana tear and arrange for and sched0le pest control services
for, in and aroun(1 the fE!cility.
4. City shali remove a majority of the goals after AYSO's seasons
for -torage.
City shall not be obligated to repair, rep;9ce or maintain the Premises in any
manner throughout the `erm of t;-iis Agreerent. City shall not be obligated to
perform any precamimiary car preventative measures with respect to the
Premises, including, but not Ii nited to drainage and flood control measures.
Should City perforn 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 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.
Section 16. 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
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such repairs as City desires to make.
Section 17. GOVERNING LAW
AYSO agrees that in the exercise of its rights under this Agreement, AYSO
shall comply with all applicable Federal, State, County and amity laws and
regulations in connection with its use of the Premises. The existence,
validity, construction, operation and effect of this Agreement and a:l of its
terms and provisions shall be determined in accoriancE with the lows of the
State of California.
Section 18. DISCRIMINATION
AYSO agrees not to discriminate against an; person or class of persons b,'
reason of race, color, r,,eed, oi, natior,al origin :n the use of the Premises.
Section 19. ASSIGNMENT AND 6LIBLETTING
AYSO .;hall not assign Wis Agr:emerit, or any interest therein, aild shall not
assign use of the Premises or any part thereof, or any eight or privilege
appurtenant thereto, or s:aftar any other persk)n (thee agents and servants of
AYSO excepted) to occupy or use the Promises, or any portion thereof,
without the prior v iritten co,is(--,nt of City. A .onsunt to one assignment,
subletting, occupaticn, or use by anott-,er person; shall not be deemed to be a
consent to any subsequent assignmer,t, subletting, occupation, or use by
another person. this Agreement shall riot, nor shall any interest therein, be
assignable, as to the interest of AYSO, by operation of law, without the
written consent of City. 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.
Section 20. 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.
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Section 21. 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 30 joys following
such notice, then this Agreement shall continue in full farce and effect. If
such default or breach is not remedied within 30 da;6 following su-h notice
or if the nature of the default is such that it cannot rea:,onably be cured within
30 days, if AYSO fails to commence to cur:; within ;he 30 day ;period, the
other party may, at its option, terminate this Agreemc-rn. Such termination
shall not be considered a waiver of damage.: or other remedies available to
either party because of such default or breaci-1. Each tern and c,ondiiion of
this Agreement shall be deemed `o be both a covenant arA a condition.
Section 22. INTERPRF TATION
Should ir,telNretation cf this Agreement, or any portion thereof, ue
necessary, it is deemed that this Agreeme,ri was pi-epared by the parties
jointly and equally, and shaii not be
interpreted cjgainst either party on t`,e ground that the p;aity prepared the
Agreement or cau:ed ii to be p,6,nared.
Section 23. WAIVER
A waiver by eiti-,er party or any c;efai!,t or breach by the other party in the
performance of any of the coy enants, terms or conditions of this Agreement
shall not constitute or be deemed a waiver of any subsequent or other
default or breach.
Section 24. ACQUIESCENCE
No acquiescence, failure or neglect of any party hereto to insist on strict
performance of any or all of the terms hereof in one instance shall be
considered or constitute a waiver of the rights to insist upon strict
performance of the terms hereof in any subsequent instance.
Section 25. 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.
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Section 26. 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 th;, 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 it, possession. ail of the
terms hereof shall continue in effect, with the faes pa,loble being reduced
proportionately for the balance of the Agreement term.
Section 27. TIME
Time is of the essence of rids Agreement.
Section 28. REMEDIES
In case if the failurA o� refusal of A''SO `o comply with and perform each
and all of the terms aid cuvenani.s on its part herein contained, this
Agreement an i air right- given ::hall, at the opiion ot r;;+y, cease and
terminate, and City s! all hava the I ight forihwi`h to remove AVSO's personal
property froin the Premise3 et the sole cos+, expense and risk of AYSO,
which cost and expense AYSO agrees to nay to City upon demand, together
with interest thereon at the maximum rate allowed by law from the date of
expenditure by City.
Section 29. ATTORNEY'S 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, League will pay to City reasonable
attorney's fees in addition to the amount of judgment.
Section 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:
A. All payments and notices to AYSO shall be given or mailed to the
current AYSO Regional Commissioner. It is the responsibility of AYSO to
notify City when there has been a change with regard to the individual
serving as Regional Commissioner and to provide the City with ;name,
address, and 24-hour contact phone number of the new Commissioner:
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Moorpark AYSO
P.O. Box 241
Moorpark, CA 92020
24-Hour Emergency Contact Person: Niall Stewart
Phone Number: (805) 630-0668
B. All payments and notices to City shall be given or mailed to:
City of Moorpark
Director of parks, Recreation and Community Services
799 Moorpark Avenue
Moorpark, CA 93021 `
Section 31. PARTIAL INVALIDITY
If any term, covenant, condition,'6f.: rovis n o j_his Agreement is round by a
Court of competent jurisdiction to 1?e invalid, RVo d"'o unen rce ble, the
remainder of the provisions hereof sh8ql remain in full force and, effect and
shall in no way bPfalfected, imp ire or vali ted thff' Y.
Section 32. GENDE-R ANPj4tJM5rR I`
F�rnthe purpose'oft Agreem nt w�erever the rr�sbgline or neuter form is
used, the game ha 11 include the ma culine or�femr-niF,.e, a-nd the singular
number halt inclW&,the plural and the p!ufal inumh�er shall include the
singular, w'nereVer the dontext°,,,�o rego'k s.
Section 33. PARAGRAP H HE..AL ING »
Paragraph h�;,,adiri S'in thi*Agrapir ent are for convenience only and are not
intended to be used in intt rpreting or construing the terms, covenants and
conditions of this,
Agreerient.
Section 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.
Section 35. VENUE
This Agreement is made, entered into, executed in Ventura County,
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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.
Section 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by their duly authorized representative as of the date first written above.
City of Moorpark AYSO
By: By:
Steven Kueny, City Manager Niall Stewart,, E onal Compa(,ssioner
A
Attest:
By:
Deborah Traffer,,Gib-df, CI{ Cler4c
S 4
R �..
6
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ATTACHMENT B
AGREEMENT BETWEEN THE CITY OF MOORPARK
AND THE MOORPARK PACKERS
THIS USE AGREEMENT (hereinafter"Agreement") is made and entered into as
of this day of , 2007 by and between the CITY OF MOORPARK
(hereinafter "City") and MOORPARK PACKERS, a California nonprofit public benefit
corporation serving the City of Moorpark, California (hereinafter "Moorpark Packers").
THE PARTIES AGREE THAT:
Section 1. PREMISES
City, in consideration of the fees to be paid and of the indemnifications,
covenants, and agreements agreed to hero-in, hereby, grants to Moorpark
Packers, and Moorpark Packer: hereb! accepts from City, the use of certain real
property and associated facilities and equipmeni including but nct limited to the
park area incoronrating the footbai; field, adjacent practice field, snack bar and
surrounding park areas (hereinafter Park Area) at,^,rroyo Vista Community Park
(hereinafter "AVCP") des&bea ;n Exhibit "A" attached hereto and by this
reference incorporated herein, together \,;lith any and all improvem. ,nts thereon
(all of which are. hereinafter rafened to as the "Premises"). The City's contact
regarding the day-to-day activities and uses a,sociated with this Agreement and
t!sc of Premi!.,es shall be-v;ith of'icials of Moorpark Packer Football as designated
ire writing by the Moorpark Packers.
Sectic;n 2. T E R M,
Ti)e term of this Agreement shall be for five years, commencing July 1, 2007 and
ending on June 30, 2012, provided however, that City's obligations hereunder
shalt be contingent upon Moorpark Packers payment in full of all use and related
fees and f�;itillment 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.
Section 3. USE FEES
Moorpark Packers further agrees to pay the City at time of execution of
Agreement, in total, annual use fees as follows:
A. One Dollar ($1.00) for the period of July 1, 2007, through June 30, 2008, and
for every year thereafter on July 1 through the term of Agreement for the use
of Park Area.
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B. Ten Dollars ($10.00) per hour for Lighting Fees for the Practice Field.
C. An annual use fee to City of eight hundred dollars ($800) for the concession
facility (identified in Exhibit A) at Premises for the fall season each year this
Agreement remains in effect. Said fee shall be paid to City by November 30 of
each year. City agrees that concession facility fees include use of water,
electricity and pest control services specifically assoc-ated with the operation
of the concession facility as authorized by this Agreement.
Section 4. ADJUSTMENTS USE OF FEES
For the year July 1, 2007 and for each year this Agreement is in effect, the City
may adjust the Use Fees, referencea in Seciion 3.A. by giving Moorpark Packers
written notice prior to August 1. Furthermore Packers agrees tc: worm with the
City to implement a non-resident �_Ise Fee it' so directed by Cit,t. If no such
notification :s given, the Use Fees fog the next year shall be the same. amount as
the prior yea;.
Section 5. USE
The Premises sha!1 be Lisad for the following spe;;ified purposes only and shall
not be usea for any other purpose ,vithouk the prior written consent of the City:
A. Moorpark Packers shad use Premises for authorized Moorpark Packer
Fcotbail names and practices only. Said use is granted during the period
commencing the third week of July through the second week of December
(Fall Season). A schedule of games and practices shall be furnished to the
Director of%Community Services for the City's written approval prior to August
1 of each year. At no time shall the Moorpark Packers authorize the use or
schedule games for AVCP facilities where both participating teams are from
out of town (non-Moorpark teams).
B. City agrees to provide a storage room in the assigned snack bar and rest
room building. Storage closet shall be used for storage of Packers equipment
and supplies only. Packers shall be required, at its sole cost, to vacate
storage room upon thirty (30) days written notice from City that the area is
needed for City purposes.
C. City authorizes Moorpark Packers to arrange for the placement and use of a
refuse drop-box, at Moorpark Packers sole expense, during the fall season as
identified in Section 5.A, for the purpose of disposing of solid waste.
Moorpark Packers shall adhere to all provision of the City's Solid Waste
Ordinance including the use of designated City approved refuse hauler. The
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location of the bin shall be approved by City. Moorpark Packers agrees not to
cause the bin to be placed at AVCP prior to August 1 of each year and to
have the bin removed no later than December 31 of each year.
D. City authorizes the use of amplified sound by Moorpark Packers for
authorized football games between the hours of 9 a.m. and 6 p.m. on
Saturday provided that the noise level resulting from the amplified sound does
not exceed 55 decibels at the southern property boundary of AVCP and that
said sound system is operated by an adult at all times. If City finds that
Moorpark Packers has not adhered to the provision of this section, or if City
receives substantiated complaints about the amplified sound, it may revoke
the use of said amplified sound at its sole discretion. Moorpark Packers also
agrees not to conduct activity that will generate excessive noise prior to 9
a.m., including the staging of a band for opening day ceremonies.
E. City authorizes the Moorpark Packers to use sera-permanent lights on the
football practice field, located north of the football field and f1aither identified
on Exhibit A of this Amendment. The Iiahts may be used for Moorpark Packer
Football practice purposes, Monday through Friaa;/and must be turned off no
later than 8 p.m. The Moorpark Packers agrees to pay the CiALy an Electrical
Use Fee of $10 per hoar for "electrical service" only, for said lights. The
Moorpark Packers shah be responsible for maintenance, repair and
replacement of o lights at its own cost and pursuant to SecJons 10 and 15.
The City reserves the eight to evaluate the continued use and locatior, of said
ghts by the Moorpark ��acko.rs tor Future seasons. The City sha!; nave sole
discretion regarding continued use of said ;fights, or modification to the
conditions ::et forth for use thereof.
F. A`t all time!, City retains the right to use Premise at its discretion for City
sponsored Gno co-soo�isorea event:3 upon no less than thirty- (30) days
written notice to Moorpark Packei s. During the fall season, the general public
shall have access to and use of said Premises at a time of day and or on a
way that ;s not included. in the written schedule submitted by the Moorpark
Packers and approved in writing by the City. Moorpark Packers shall not
have priority use of Premises outside of the approved schedule.
G. The sale and consumption of food and beverages shall be at the discretion of
the Moorpark Packers with the exception that no alcoholic beverages shall be
sold or consumed on Premises. Moorpark Packers shall obtain all required
health and other permits for the preparation and sale of food and beverages
at its own expense. Moorpark Packers also agrees to adhere to, and to
conduct the sale and consumption of food and beverages in conformance
with all applicable health codes.
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H. Moorpark Packers may have use of the snack bar located east of the football
field on Premises during the fall season. Moorpark Packers shall not begin
storage of its property in the snack bar until authorized by City. Moorpark
Packers by mid January must remove its property from the Concession facility
and disconnect any and all appliances (i.e. refrigerators, freezers, ice
machines or soda machines) by mid January. Moorpark Packers shall be
provided with a key to the Concession facility prior to the start of the fall
season and shall be responsible for securing it. Said key(s) shall not be
duplicated. Upon vacating the Concession facility, Moorpark Packers shall
return the key(s) to the City. In the event the key is lost or is distributed to
unauthorized persons, Moorpark Packers agrees to reir burse the City to
change the lock on the Concession facility door.
I. City agrees to allow Moorpark Packers to a.rces ,the field portion of Premises
with one vehicle. Moorpark packers agrees rc,t to i.,,-,e vehicle on the fields
whenever the ground is wet, for whatever reason, wi�hout obtaining City's
written approval. Moorpark Packers agrees that vehicle it uses shall not
exceed a gross vehicle weight (GV',N) of 5,4130 pounds. Vehicle is only to
be driven by an adult ,wenty-cne years and older.
Section 6. SIGNS
Moorpark Pecker., agroes r)ot to perr,nit the constvAction or placement of any sign,
signboard or ether forin of outdoor advertising on the Premises without the prior
written con:ent of the Ci'_y. In the event of a violation of this provision by
Moorpai k Pa;kers or any one claiming under IM;oorpark Packers, Moorpark
Packers hereby :authorizes City as Moorpark Packers Agent, to enter the
premises and to remove and dispose of any such sign, signboard or other
advertising, and to charge the cost: and expense of any such removal and
disposal to Moorpark Packers who agrees to pay the same upon demand.
This provision does not exclude the use of identification banners for individual
teams and sponsors, which may be displayed during games and shall be
removed failowing the end of each game.
Section 7. INDEMNIFICATION AND HOLD HARMLESS
Moorpark Packers hereby agrees to hold harmless and indemnify City, its
officers, agents, and employees, and its successors and assigns, from and
against all claims, loss, damage, actions, causes of actions, expense and/or
liability arising or growing out of loss or damage to property, including City's own
personal property, or injury to or death of persons, including employees of City,
resulting in any manner whatsoever directly or indirectly, by reason of this
Agreement or the use of the Premises by Moorpark Packers or any person
claiming use under or through Moorpark Packers unless such loss, damage,
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injury, or death is due to the sole negligence of the City. Moorpark Packers shall
also hold the City harmless from all costs and expenses, including costs of
investigation arising out of or incurred in the defense of any claim, proceeding, or
action brought for injury to persons or damage to property, resulting from or
associated with the use of said Premises under this Agreement and shall further
save and hold harmless the City from any and all orders,judgments, and decrees
which may be entered in any and all such suit or actions. Moorpark Packers and
all others using said Premises under this Agreement hereby warre any and all
claims against the City of damage to persons cr property in or about said
Premises.
The City does not, and shall not, waive any rights that it may have against
Moorpark Packers by reason oT this Section, because of the vcceptance by the
City, or the deposit with the laity, of any insurance poll,y or certificate required
pursuant to this Agreement. Said hold harmless and indemnification provision
shall apply regardless of whether or not said in.;urancc policies are determined to
be applica�-)le to the clairn, deman J, damage, liability, loss, cost or expense
described ire this Section. The pro risions of this Section 7 shall urvive the
expiration or iDrmir)ation of this Agreement.
Section 8. LIABILITY INSURANCE
E s a ;ond;tion precedent of the effecti reness of this Agreement, Moorpark
Packer: sha!I procura, and thereafter-maintain in full force and effect at Moorpark
Packers sole cost and expense, ? public liability insurance policy written with a
company acceptable to Cit j and authorized to do business in the State of
California. Such policy shall provide for a minimum coverage of Two Million
Dollars($2,000,0030.00)for bodily injury or death of any person or persons in any
one occurrence and One Million Dollars ($1,000,000.00) for loss by damage or
injury to property in any one occurrence and shall include automobile coverage.
The policy shall contain a provision providing for a broad form of contractual
liability, including Product Liability coverage if food and beverages are dispensed
on Premises. The policy or policies shall be written on an occurrence basis. The
policy shall name Moorpark Packers as the insured and the City of Moorpark, its
officials, employees and agents as an additional insured. The policy shall also
provide that the City shall be notified in writing, at least thirty (30) days prior to
any termination, amendment cancellation or expiration thereof. Moorpark
Packers shall furnish City evidence of all insurance policies required by this
Agreement in the form of a Certificate of Insurance.
Section 9. CASUALTY INSURANCE
The parties each specifically acknowledge that City shall not be obligated to keep
the Premises insured against fire, or any other insurable risk. Moorpark Packers
hereby and forever waives all right to claim or recover damages from City in any
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amount as the result of any damage to the Premises by fire, earthquake,
flooding, storm or any other cause.
Section 10. IMPROVEMENTS
Moorpark Packers shall not make any alterations, ada�tions, or improvements
upon the Premises without the prior written consent of tie City. the City may
require that any or all alterations, addition.; and improvements be done by a
licensed contractor, and shall be performed and maintained in strict accord with
all Federal, State, County, and local laws, ordinanccs, codes and standards
relating thereto. Performance of work shall be subject to City monitoriOg and
inspection. At City's sole di:cretion, w,)rk may be stopped if it does not conform
to City specifications and standards. Unless otherwise expressly agreed to in
writing by the City, any ai'LArations, addit;ons and improvements shall remFin on
and be surrendered w th the Premises upor, the expiration or termination of this
Agreement. Moorpark Pcickers shall timely pay all cast., associated with any and
a;I improvements, and shall keep the Premises free and o!ear of all mechanics
liens. Moorpark Packers agrees to and shall indemnify, defend and save City
free and harm'!ess agzzinst all ;!ability, Icss, damage, costs, attorney's fees and
other expenses of ar�y nature resulting form any Moorpark Packers alterations,
additions or improvemems to the Frerrises.
At such tame as Moorpark Packers vacates Premises, all improvements to
Premises not already owned by City shall become the property of the City unless
otherwise authorized by City in writing.
Section 11. FLAMMABLE MATERIAL, WASTE AND NUISANCES
Moorpark Packers 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. Moorpark Packers also specifically agrees that it will not allow others to
take such actions on the Premises. Moorpark Packers further agrees that it will
keep the Premises clean, free from weeds, rubbish and debris and in a condition
satisfactory to City.
Moorpark Packers shall also provide adequate controls for dust, odors, noise
which may emanate from the Premises or from Moorpark Packers 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.
Moorpark packers 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. Moorpark Packers also agrees that it shall
not use amplified sound or field lighting on Premises for any reason, without the
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prior written consent of City.
Notwithstanding the above, Moorpark Packers shall not install, operate or
maintain, or cause, or permit to be installed, operated or maintained any
electrically charged fence on the Premises.
Section 12. PESTICIDES AND HERBICIDES
Moorpark Packers agrees that prior to any application of eith.--r pesticides or
herbicides, it shall receive written consent from City, and fu.i:ner any pesticide or
herbicide applications on the Premises shall be made in accordance with all
Federal, State, County and local laws. Moorpark Pa;hers 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 inc!:ude, Lut shat' not tie limited to, contaminated
containers, clothing, equipment of any oti-ler co0aminated material.
Section 13. STORAGE TANKS
Notwithstanding anything to the contrary ;et forth in this Agreement, Moorpark
Packers shall not have the ;fight to install underground ar above ground storage
tanks, as definea by any and all applicable laws or reg:ilGtions, without the prior
written consent of the City.
Section 14. HAZARDOUS !VIATER;ALS INDEMNITY
Moorpark Paci�ers hereby egrees 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; 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. 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 seg.; the Resource Conservation and Recovery Act, 42
USC, Section 6901, et seq.; the Toxic Substances Control Act, 15 USC, Section
2601, et se g.; any other Federal, State or local law applicable to the Premises;
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and in the rules and regulations adopted or promulgated under or pursuant to any
of said laws. The provisions of these Sections shall survive the expiration or
earlier termination of this Agreement.
Section 15. UTILITIES
Moorpark Packers agrees to pay a pro rate share of ail charge::and assessments
for or in connection with electricity, water, and sewer and any other utilities which
may be furnished to or used upon the Premises b;t Moorpark Pa,-.kers during the
period covered by this Agreement with except;on of those addressed in Section 3
of this Agreement and unless otherwise noted. It is fu iner agreed that in the
event Moorpark Packers stall fail to pay the above mentioned charges when due,
City shall have the ilght to pay the same cn demand, together with iterest
thereon at the maximum rate allowed by I�w and to charge the cost and expense
to Moorpark Packers �,,,no ac ree to pay the sama upon demand, City shall bill
Moorn2rk Packers for said o7harges, which shall ba ir: addition to Use Fee
Identified in Section 3.
Section 16. MAINTENANCE
Except as specifically provided for in the Agreement, all maintenance of, and
repairs to Premises:3hall 'os- done at City's sole discretion and shall be performed
by City force accoL!nt or by City's authorized agent unless approved by City in
writing. f-NII maintenance and repair authorized to be performed by Moorpark
Packers shall adhere to City specifications and standards. All improvements
shall meet City and other applicable codes, regulations, and standards including
but not limited to building and zoning codes. The City reserves the right to require
some or all maintenance work to be done by a licensed contractor at the City's
discretion.
A. During the period of August 1 through December 31, Moorpark Packers shall
be responsible to perform the following maintenance on Premises:
1. Mark football field lines using a white, water-based acrylic paint,
manufactured specifically for marking lines on sports turf and athletic
fields. Athletic field paint should not contain calcium carbonate, vinyl
copolymers, herbicides, or pesticides.
2. Moorpark Packers agrees to maintain and replace all components
installed for the operation of the lights on the practice field, including, but
not limited to, underground and overhead electrical cabling, wooden light
poles, light fixtures and bulbs. Moorpark Packers agrees to respond to
City's request for repair and maintenance to the lights and light system
within 48 hours of receipt of said request.
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City previously authorized Moorpark Packers to install semi-permanent
lights at the football practice field located on Premises. During the
Packer Football season, Moorpark Packers agree to make any and all
adjustments to the lights and electrical system as deemed necessary,
and requests made by the City. It is the sole responsibility of Moorpark
Packers to ensure that said lights are maintained in a safe & good
workman like manner at all times.
3. Pickup trash on and around Premises. Following the last scheduled
game or practice remove trash liners and dispose in trash dumpster
located at AVCP. Insert replacement liners provided by City in trash
containers.
4. Maintain and clean snack bar, including counters, sinks, floors, and walls
after each use; remove and dispose of all trash in and around snack bar
to trash bins provided by City.
5. Maintain the football goal posts. Ensure that they are adequately
secured and take any corrective action when necessary. Repaint goals
a minimum of once a year.
6. All equipment must be secured in the store room provided by the City. If
an item of equipment cannot be stored, it must be secured in a manner
that prevents the general public from accessing.
7. Maintain bleachers in good working order at all times. Moorpark
Packers agrees to replace or repair any lose or missing parts within
twenty-four (24) hours of being notified that a repair is needed.
8. Graffiti applied to goal posts and/or bleachers shall be removed within
twenty-four (24) hours of City's notification to do so. In the event of
violation of this provision, Moorpark Packers hereby authorizes City, as
Moorpark Packers agent, to remove graffiti and to charge the cost and
expense of any such removal to Moorpark Packers who agrees to pay
the same upon demand.
9. Any additional fertilization or other turf maintenance, above maintenance
work routinely performed by City or City's landscape maintenance
contractor, requested by Moorpark Packers shall be performed by
Moorpark Packers at its sole expense. Moorpark Packers shalt obtain
City's written approval prior to commencing with any turf maintenance.
requests to perform turf maintenance shall to submitted to City in.writing.
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City shall not be obligated to repair, replane or maint&in the Premises in any
manner throughout the term of this Agreement. City sham not be obligatea 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 role
discretion of City, and the performance of such services shall nct be construed as
an ob!igation or warranty b,1 Cily of the future or ongoing performance of such
services.
Section 17. 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 rr ake.
Section 18. GOVERNING LAW AND VENUE
Moorpark Packers agrees that in the exercise of its rights under this Agreement,
Moorpark Packers shall comply with all applicable Federal, State, County and
City laws and regulations in connection with its use of the Premises. 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.
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or 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.
Section 19. DISCRIMINATION
Moorpark Packers agrees not to discriminate against any person or class of
persons by reason of race, color, creed, or national origin in the use of the
Premises.
Section 20. ASSIGNMENT AND SUBLETTING
Moorpark Packers 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
Moorpark Packers excepted) to occupy or use the Premises, or any portion
thereof, without the prior written consent of City. A consent to one assignment,
- 10 -
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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 Moorpark Packers, by operation of law, without the written
consent of City. Any assignment or
subletting without such consent shall be void, and shaii, at the ,option of the City,
terminate this Agreement. No legal title or interest in Prem;scs is created or
vested in Moorpark Packers by this Agreement.
Section 21. INSOLVENCY OR BANKRUPTCY
If Moorpark Packers shall be adjudged ban:<rupt or insolvent, this Agreement
shall thereupon immediately terminate and the same shat! not be assignable icy
any process of la:v, of be heated as an asset of the Mooi-aark Packers under
such adjudication, nor shall it pass ur;der the control of any ,rustee or assignee
by virtue of any process in bankr_ptcy or insolvency, or by execution or
assignm,,int fcr the benefit of creditors. If any such event'occurs, this Agreement
shall immediately become mill and void and oi'no Effect, and City may thereupon
repossess ,-,aid Premises ana all rights of the ;Moorpark Packers thereupon shall
cease and terminate.
Section 22. DEFAULT Oh 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 30 days following such notice,
then this Agreement shall continue in full force and effect. If such default or
breach is not remedied within 30 days following such notice or if the nature of the
default is such that it cannot reasonably be cured within 30 days, if Moorpark
Packers fails to commence to cure within the 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.
Section 23. 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.
000261
Section 24. 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 AgrP'ament shall
not constitute or be deemed a waiver of any subsequent or other default or
breach.
Section 25. ACQUIESCENCE
No acquiescence, failure or neglect of any party here.-to to 'knsist on strict
performance of any or all of the terms hereof in one instance shall Le considered
or constitute a waiver of the rights to insist upon strict perfo�mance of the terms
hereof in any subsequent instance
Section 26. PARTIES BOUND AND BENEFITED
The covenan'Ls and conditions herein contained sha!l apply to and bind the heirs,
successors, exe:.uturs, administrators, and assigns ol'ali the parties hereto; and
all of the parties hereto shall be jointly and severally liable hereunder.
Section 27. CONDENINAT!ON
If the whole of the Prernisos should b- taken by a public authority under the
power of eminent domain, then they 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, Moorpark Packers shall have the right to either
terminate this .AgrP--ment or to continue in possession of the remainder of the
Premises. If Moorpark Packers 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.
Section 28. TIME
Time is of the essence of this Agreement.
Section 29. REMEDIES
In case of the failure or refusal of Moorpark Packers 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 Moorpark Packers
personal property from the Premises at the sole cost, expense and risk of
Moorpark Packers, which cost and expense Moorpark Packers agrees to pay to
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City upon demand, together with interest thereon at the maximum rate allowed by
law from the date of expenditure by City.
Section 30. NOTICES AND PAYMENTS
All notices required under this Agreement including change of address shah be in
writing, and all notices and payments shall be macro as fo;lr-ws:
A. All payments and notices to Meorparl, Packers shall be ;liven of mailed to
the current Packer Football President. It is the responsibility of Moorpark
Packers to notify City -when there has been a change wit.) regard to the
individual serving as Packer Football President and to provide City with
name, addres,,�, and 24-hour conta,;t phone number of the new President:
Moorpark Packers Foetbali
4215 Tierra Rejada Road
Moorpark, CA 93021
Emorgency Contact Person: kGary LoweO-,erg
Phone Number: (r,) 529-6585, (cel ) 444-6700
B. All paymento and notices to Gty shin; be given or mailed to:
City of Moorpark
C;ty Managar
799 Moorpark Avenue
Moorpark, CA 93021
Section 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.
Section 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.
Section 33. PARAGRAPH HEADINGS
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0002G3
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.
Section 34. MODIFICATION
This Agreement may be terminated, extended cr amended in writing by the
mutual written consent of the parties hereio. Such ameiAments may be
executed by the City Manager on behalf of he City.
Section 35. VENUE
This Agreement is made, entered into executed in Ventura County, Calitornia,
and any action`lied in any court for arbitration for the interpretation, entorcernent
or other action of the terms, conditions or 3ovenanO, referred to herein sha;! be
filed iii the applicable ;our' in Ventura Coup#y, CGlifomia.
Section 36. ENTIRE AGREEMENT
This Agreement constitute.; the eni;re agreement between the parties, and
supersede.; all previous negotiai:ons a0d Understandings between the parties.
There are no representat;ons, warranties or commitments, oral or written, other
than those exore!3sly set forth herein.
IN WITNESS WhEREOF, the parties have caused this Agreement to be executed by
their duly authorized representative as of the date first written above.
City of Moorpark Moorpark Packers, Inc.
By: By:
Steven Kueny, City Manager Gary Lowenberg, Moorpark Packers, President
Attest:
BY:
Deborah Traffenstedt, City Clerk
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0002G4
ATTACHMENT C
AGREEMENT BETWEEN THE CITY OF MOORPARK
AND MOORPARK SOCCER CLUB
THIS USE AGREEMENT (hereinafter "Agreement") is made and entered into as of this
day of , 2007 by and between the CITY OF MOORPARK
(hereinafter "City") and Moorpark Soccer Club, Inc. a non profit corporation (hereinafter
"MSC").
THE PARTIES AGREE THAT:
Section 1. PREMISES
City, in consideration of the fees to be paid and of the indemnification, 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 including but not limited to the athletic field and park area at Campus
Canyon Park (hereinafter "CCP") described in Exhibit "A" attached hereto and by
this reference incorporated herein, together with any and all improvements
thereon (all of which are hereinafter referred to as the "Premises").
Section 2. TERM
The term of this Agreement shall be for two (5) years, commencing on December
1 , 2007 and ending on November 30, 2012 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.
Section 3. USE FEES
MSC further agrees to pay the City at time of execution of Agreement, in total,
annual use fees as follows:
A. One Dollar ($1.00) for the period of December 1, 2007, through November
30, 2008, and for every year thereafter on December 1 through the term of
Agreement for the use of Park Area; and
B. In order for MSC to retain the rights granted under the Agreement, it must
maintain a membership (players) that consists of no less than 75 (seventy-
five) members and at least 80 (eighty) percent of the membership must
live within the Moorpark City limits. Upon request, MSC agrees to provide
to City a list of players names and addresses to be used to verify
residency. If MSC fails to achieve the membership residency requirement,
the City, at its sole discretion may impose additional rental fees.
F:ACommunity Services\RECRE:ITION\Youth Sports`Youth Sports Organizations\MSC Agreement 2007.doc
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Section 4. ADJUSTMENTS OF USE FEES
For the year December 1, 2008, and for each year this Agreement is in effect, the
City may adjust the Use Fees, referenced in Section 3.A, by giving MSC written
notice prior to October 1, of each year. Furthermore, Club agrees to work with
the City to implement a non-resident Use Fee if so directed by City. If no such
notification is given, the Use Fees for the next year shall be the same amount as
the prior year, except for reasons provided in 3B of this agreement.
Section 5. USE
The Premises shall be used for the following specified purposes only and shall
not be used for any other purpose without the prior written consent of the City:
A. The field portion of Premises shall be used for M��SC's authorized games,
practices, and training sessions for coaches and referees tied specially to
official seasons, held during the months oi� Adgust through November (Fall
Season) each year. A schedule of said games and practices shall be
furnished to the Director of Community Se vK;es `or ti,e City's written
approval prior to July 10 of each year, which approva! shall not be
unreasonably withheld.
B. At all times, City Ol±ains tho right to use Premises of its discretion for City
sponsored :nd co-sponsored e.,ents upon no !:.ss than thirty (::0) days
written nc:tice to MSC. During tha Fa:1 season, the general publi,. shall
have access to €.nd rise cf said Pr<an:ises at a time of day and o� on a day
that is i.ot included in th,-i schedule submitted by MSC in writing and
approved in v iriting oy the City. MSC shay! i�ot have priority use of
Premi3.s out:,ide. of the approved schedule.
B. The stile and om sumption of food and beverages shall be at the
discretion of i,ISC wish they eh^eptiori that no alcoholic beverages shall be
sold cr consumed on Premises. MSC, shall obtain all required health and
other permits foi the preparation and sale of food and beverages.
D. In the event the turf is too wet to conduct soccer games or practices
without causing damage, as solely determined by the City, MSC agrees to
cancel its schadu,ed game or practice.
E. MSC agrees not to drive any vehicle, or allow any vehicle to be driven
onto the Premises or any area of Campus Canyon Park with out the
written consent of the City.
F. MSC agrees not to store or leave any equipment on any park grounds
without written consent of the City.
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Section 6. 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. In the event of a violation of this provision by MSC or any
one claiming under MSC, MSC hereby authorizes City as MSC's Agent, to enter
the Premises and to remove and dispose of any such sign, signboard or other
advertising, and to charge the cost and expense of any such removal and
disposal to MSC who agrees to pay the same upon demand.
This provision does not exclude the use of identification banners for individual
teams and sponsors, which may be displayed during games and shall be
removed following the end of each game.
Section 7. INDEMNIFICATION AND HOLD HARMLESS
MSC hereby agrees to hold harmless and indemnify Cite, its officers, agents, and
employees, and its successors and assigns, f,om and ,aaairsf all claims, loss,
damage, actions, causes of actions, expense and/or liability an.,ing or growing
out of loss or damage to property, in ;tiding City's own personel property, or
injury to or death of persons, including emplo�,ees of City, resulting in any
manner whatsoever directly or indirectly, by reason of this Agreement or tke use
of the Premises by MSC )r any per�:on clairoing Use under or thrOUgh 0SC
unless such loss, damage, injury, or death is due. to `he sole negligence of L"he
City. MSC shall also hold the C'Ity hormlaa s from Gill cc sts and expenseF,
including costs of inve!�tigat;on erisin.� out of or incur-rea` in tke defense of any
claim, proceeding, of action b,-oucht fcr injury to person or damage to property,
resulting prom or associated wits-, the use of ,,aid Premises ur:der This Agreement
and shall l'urthe; save and hold harrri:�F!ss the Citv from any and all orders,
judgments, end decrees which may be entered in an), and all such suit or
actions. MSC and all others u,,Jng ,:aid Pren:isos under this Agreement hereby
waive any and all clams egainst he City of dam,,. co persons or property in, or
about said Premises.
The City does not, and sl.dll not, waive dny 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 ir;suran(_- 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 7 shall survive the
expiration or termination of this Agreement.
Section 8. LIABILITY INSURANCE
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As a condition precedent of the effectiveness of this Agreement, MSC shall
procure, and thereafter maintain in full force and effect at MSC's sole cost and
expense, a public liability insurance policy written with a company acceptable to
City and authorized to do business in the State of California. Such policy shall
provide for a minimum coverage of two Million Dollars ($2,000,000.00) for bodily
injury or death of any person or persons in any one occurrence, and One Million
Dollars (1,000,000.00) for loss by damage or injury to property in any one
occurrence and shall include automobile coverage. The policy shall contain a
provision providing for a broad form of contractual liability, including Product
Liability coverage if food and beverages are dispensed on Premises. The policy
or policies shall be written on an occurrence basis. The policy shall name MSC
as the insured and the City of Moorpark its officials, employees, and agents as
an additional insured. The policy shall also provide that the City shall be notified
in writing, at least thirty (30) days prior to any termination, amendment
cancellation or expiration thereof. MSC shall furnish City evidence of all
insurance policies required by this Agreement in the form of a Certificate of
Insurance and Endorsement Certificate.
Section 9. CASUALTY INSURANCE
The parties each specifically acknowledge that ;;qty shall not b-- obligated to keep
the Premises insured against fire, or any caner insurable rise. MSC hereby and
forever waives all right to claim or recover damages from City in any amount as
the result of any damage to the Premises by fir,, earthquGke, f!ooding, storm or
any other cause.
Section 10. IMPROVEMENTS
MSC shall not make any alterotior;s additions, Cr improvements Uoon the
Premises withoLit the r.gar written ;once nt of the City. All alterations, additions
and improvements shall be cone in a clood and workmanlike manner and
dil;gently prose;.uted to comple`.ion, and shall be oerformed and maintained in
strict accord with all Federal, State, County, and loca law , ordinances, codes
and -tandards relatinc-i thereto. Performance of work shall be subject to City
monitoring and 'nspectian. A`t ';ity's sola di:cretioi,, work may be stopped if it
does net cc,nfonn to City ,Pe,:ificatiotls and standards. Unless otherwise
expressly agreed `o ir, writing by the City, any alterations, additions and
improvements small remain on ar,d be surrendered with the Premises upon the
expiration or termin,-Aion of t0is /kgreement. MSC shall timely pay all costs
associated with any and al; 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 harroless against all liability, loss, damage, costs, attorney's
fees and other expenses of any nature resulting from any MSC alterations,
additions or improvements to the Premises.
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At such time as MSC vacates Premises, all improvements to Premises not
already owned by City shall become the property of the City unless otherwise
authorized by City in writing.
Section 11. 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, 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 amplif:ad sound or field lighting on
Premises for any reason, without the prior written consent of City.
Notwithstanding the above, MSC shad not instali. operete or maintain, or cause,
or permit to be installed, operated or ;naintair,ed any electrically charged fence
on the Premises.
Section 12. PESTICIDES AND HERBICIDES
MSC agrees that prior to any applicvit on of either pesticides or herbicides, it shall
receive written consent from City, and further any pesticide or herbicide
appli ;atioi,3 on the Frem ses ;,hall be made in accordance with all Federal, State,
County and :ocal laws. MSC further agrees to dispose of any pesticides,
herbicides or an;, other toxic s,abstan;es, which are declared to be either a health
or onvironmontal hazard in suci, a manne; ac pre::cribed by law. This shall
include, bait shall net be limited to, con+aminated containers, clothing, equipment
or any other con;amir,atod matey ial.
Section 13. STORAGE TANKO
Notwithstanding anything to the contrary set forth in this Agreement, MSC shall
not have the Jght to install underground or above ground storage tanks, as
defined by any and oii applicable laws or regulations, without the prior written
consent of the City.
Section 14. HAZARDOUS MATERIALS INDEMNITY
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MSC hereby agrees to indemnify and hold harmless City, and its respective
officers, employees, and agents, from and against any and all claims, actions,
losses, liabilities, costs and expenses: (a) including, without limitation, all
foreseeable and all unforeseeable consequential damages, directly or indirectly
arising out of the use, generation, storage or disposal of Hazardous Material on
the Premises by MSC; and (b) including, without limitaton, the cost of any
required or necessary repair, cleanup, or detoxificatic i i and the preparation of
any closure or other required plans, to the fu!I extent that such action is
attributable, directly or indirectly, to the presence, ), use, generation, storage,
release, threatened release, or disposal of ,lazardous klatai�als cn the Premises
by MSC. As used in this Section, Hazardous Materials meens any flammable
explosives, radioactive materials, asbestos•, P,—,.Bs, hazardous vater, toxic
substances of related materials, iiicludir,g, without 11mitacic:n, substances, defined
as "hazardous substances", "hazardous roateriels", or "toxic substances" in the
Comprehensive Environmer,±al Re<-,ponse, Compensation and Liability Act of
1980, as amended, 42 USC, Sgctior, 961A, ei seq.- the Resource Censer,/ation
and Recovery Act, 42 USC, Section 6,901, et sect_; tho ToAc Substances Colltrol
Act, 15 111G-G, Section 2601, et seq., any ether Federal, State or local law
applicable to the Pramisos; and in the pules ar,ri regulations adopted or
promu;gated under or ;pursuant tc any of said laws. The provisions of this
Section .;hall survive the expiration or aarlier termination oft pis Agreement.
Section 15. MAII ITENANC.E
Except as specifically providea for 'kn the Agreement, all maintenance of, and
repairs to Premi:.•es 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 in
writing. All mainteilance and repair authorized to be performed by MSC shall
adhere to City specifications and standards. All improvements shall meet City
and other applicable ccaes, regulations, and standards including but not limited
to building and zoning codes.
During the period of August 1 through November 30 MSC shall be responsible to
perform the following maintenance on Premises:
1. Mark the soccer field lines using a water base paint, or other method
acceptable and approved by City in advance.
2. Pick up trash on and around Premises and provide for additional trash
containers if needed and so directed by City. On each day of use
following the last scheduled game or practice, empty contents of trash
containers into trash dumpster.
3. In the event MSC desires additional field maintenance, such as, but not
limited to, weeding, aeration, mowing, and fertilization, above and beyond
that which is routinely provided for by the City, it shall first seek the written
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approval of the City. Any such additional maintenance work approved by
the City in writing shall be provided and paid for solely by MSC and any
such approved work shall comply with City standards.
City shall not be obligated to repair, replace or maintain the Premises in any
manner throughout the term of this Agreement. City shall i)ot be obligated to
perform any precautionary or preventative measures with respect to the
Premises, including, but not limited to dr?�naC e and floo:i control measures.
Should City perform any of the foregciiig, such servi:;,-s s;-iall be at the sole
discretion of City, and the performance of such services .:hall not be construed
as an obligation or warranty by Ci'Lv of the future or ongoing oerfermance of such
services.
4. MSC agrees not store any �qu;omEnt, including, but not limited to soccer
goals, filed gron;ning and field ling egLlipmont on pre.nises without first obtaining
written approval from Citv.
Section 16. ENTRY BY CITY
City may enter uporr the Premises at all reasonable 'Limes to examine the
condition thereof, and for the plirpose of providing ila_�ntenance and making such
repairs as City desires to make.
Section 17. GOVERNING LAV
MSC agrees that in the exercisF of its rights under this Agreement, MSC shall
comply with all applicable Federal, State, County and City laws and regulations in
connection with its use of the Premises. The existence, validity, construction,
operation and effec` of this Agreement and all of its terms and provisions shall be
determined in accordance with the laws of the State of California.
Section 18. DISCRIMINATION
MSC agrees not to discriminate against any person or class of persons by
reason of race, color, creed, or national origin in the use of the Premises.
Section 19. 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 City. A consent to one assignment, subletting, occupation, or
use by another person shall not be deemed to be consent to any subsequent
assignment, subletting, occupation, or use by another person. This Agreement
shall not, nor shall any interest therein, be assignable, as to the interest of MSC,
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by operation of law, without the written consent of City. 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.
Section 20. 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 Ly virtue of any process in
bankruptcy or insolvency, or by execution or assi,,inment for the benefit of
creditors. If any such event occurs, this Ar,;zement shall iri�mea;ately become
null and void and of no effect, and City may 'hereupon repossess s--Aid Premises
and all rights of the MSC thereupon shElI cease and terminate.
Section 21. DEFAULT OR BREACH
Except as otherwise provided, at any tires orbs party to this Agreement ;s in
default or breach in the performance of any of tha teems �-,,nd conditions of this
Agreement, ±`e other party shall give written ootice to remedy such default or
breach. if default or b,reacr is remediea wit;�;o 30 days following such notice,
then thr.. Agreement shall cootinue in full force and etl'90. It such default or
breach is not remedied witi)in 30 days F011owing such ootice or ii the nature of the
default is such that ii cannoi reasonably ce curea withii; ?0 days, if MSC fails to
commence to cur within the 30 day period 'he ether party may, at its option,
terminate this Agreomei t. Su61 termination s;-\ali not be considered a waiver of
damages or other remedies available to eithe. party because of such default or
breach. Each term and condition o,'this Agreement shall be deemed to be both a
covenant and a conditioi i.
Section 22. INTERPRETAT;ON
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.
Section 23. 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.
Section 24. ACQUIESCENCE
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No acquiescence, failure or neglect of any party hereto to insist on strict
performance of any or all of the terms hereof in one instance shall be considered
or constitute a waiver of the rights to insist upon strict performance of the terms
hereof in any subsequent instance.
Section 25. 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.
Section 26. CONDEMNATION
If the whole of the Premises should be taken by a public authority under the
power of eminent domain, then the `erm of this Pgleemen'L shall cease on the
day of possession by the public authority. If a ,art only of the Premises should be
taken under eminent domain, MSC shall ha ,e the right to either terminate this
Agreement or to continue in possession
of the remainder of the Premises. If MSC remains in possess:on, all of the terms
hereof shall continue in e,fect with the fees payable being reduced
proportionately for the balance of the Agreamerit tenter.
Section 27. TIME
Time is of the essence of this Agreement.
Section 28. REMEUES
In case of the failure or refusal of MSC t,, comply with and perform each and all
of the terms anal covenant� on its pat herein contained, this Agreement and all
rights herek:y giver, shall, at the option of City, cease and terminate, and City
shall have tre right for`hwith 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 t�) City upon demand, together with interest thereon at the
maximum rate allowed by law from the date of expenditure by City.
Section 29. ATTORNEY'S 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, League will pay to City reasonable attorney's fees in addition
to the amount of judgment and costs.
Section 30. NOTICES AND PAYMENTS
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All notices required under this Agreement including change of address shall be in
writing, and all notices and payments shall be made as follows:
A. All payments and notices to MSC shall be given or mailed to the current
MSC President/Commissioner. It is the responsibility of MSC to notify City
when there has been a change with regard to the individual serving as
President/ Commissioner and to provide the City with name, address, and
24-hour contact phone number of the new President/Commissioner:
Moorpark Soccer Club
PO Box 373
Moorpark CA 93020
24-Hour Emergency Contact Person: Phil Walters
Phone Number: (805) 208-6607
B. All payments and notices to City shall be givers or mailed to:
City of Moorpark
Director of Parks, Recreatloo & Commur. ty Services
799 Moorpark Avenue
Moorpark, CA 9301
Phone Numh9r: 529-5864
Section .31. PARTIAL INVALIDITY
If any terra, covenant, condit,on o� pro�,ision if this Agregmellt is found by a
Court of competent iurisdictioi, to be inva;id, void or laner,forceable, the
remainder of th.a prcvisik)ns 1,ereof.-hall remain ir, full force and eiTect and shall in
no way be affect9d, impaired or in /a!�dateu thereby
Section 32. GENDER AND NUMBER
For the pOrpose of th;s Agreement wherever the masculine or neuter form is
used, tie slime ,:hall include the ri�asci!pine or feminine, and the singular number
sha;1 incl;ide L"he p!urel and the olumi number shall include the singular, wherever
the centex` so requires.
Section 33. PARAGRAPH HEADINGS
Paragraph ileajings 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.
Section 34. MODIFICATION
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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.
Section 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.
Section 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, o�al or written, other
than those expressly set forth herein.
IN WITNESS WHEREOF, the parties have cP.Lised this .4grps-ment to be executed by
their duly authorized representative as of the date first written above.
City of Moorpark Moorpari- Soccer 1.1,,ab
By: By —
Steven Kueny, C,ty Manager Phil Walters, President
Attest:
By: _
Deborah S. I affe-lsted+, City Clerk
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