HomeMy WebLinkAboutAGENDA REPORT 2018 0516 CCSA REG ITEM 09DCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of May 16, 2018
ACTION Approved all but
Moorpark Girls Softball
Agreement
BY M. Benson
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Stephanie Anderson, Recreation Services Manager
DATE: 05/02/17 (CC Meeting of 05/16/2018)
SUBJECT: Consider Youth Sports Organization Use Agreements and Fees for
Use of City Facilities
SUMMARY
Since 1997, the City Council has approved facility use agreements (Agreements) for
youth sports organizations (Organizations) serving Moorpark youth. These Use
Agreements grant priority use of facilities, establish reduced use fees, and detail the
requirements and obligations of the Organizations. The current Use Agreements expire
on June 30, 2018. Staff is asking City Council to approve Agreements and fee
schedules for the term of July 1, 2018 through June 30, 2021 with staff
recommendations as contained in this agenda report.
BACKGROUND
From 1997 until 2012, the Use Agreements allowed the Organizations to use City
facilities for their official games and practices at a fee of $1.00 per year for park
facilities, and at a significantly reduced rate for the gymnasium. In addition to granting
priority use to the Organizations, the Use Agreements allowed them to perform certain
maintenance on, and enhancements to, City park facilities.
On April 18, 2012, the City Council approved new Use Agreements which included
hourly fees for use of park facilities and non-resident fees for players who reside outside
of Moorpark City limits. These fees were established to reimburse the City for a portion
of the maintenance costs associated with the park facilities used by the Organizations.
The 2012 Use Agreements also established consistent requirements and criteria for use
under the Agreements. These criteria included non-profit status of the Organization,
minimum number of players required, residency and age of players, field allocations,
maximum length of seasons, and number of tournaments allowed under the
Item: 9.D.
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Agreements. The Use Agreements approved in 2012 expired in 2015, at which time
new Agreements were approved by the Council.
The 2015 Use Agreements included the following changes:
• Increased hourly use fees for athletic and ball fields in response to increases in
City costs to maintain park facilities. (From $7.00 per hour for an athletic field to
$8.00 per hour, and from $5.00 per hour for a ball field to $5.50 per hour).
• Added an application and payment schedule to streamline and standardize the
application and payment process.
• Modified the field allocation ratio for ball fields from 1 field per 12 teams to 1 field
per 8 teams.
• Lowered the minimum number of players from seventy-five (75) to fifty (50) for
United States Youth Volleyball League (USYVL) only.
• Increased the maximum use under the Agreement from twenty-four (24) weeks
and two (2) tournaments to forty-two (42) weeks and three (3) tournaments.
In 2015, the City Council authorized facility use Agreements for six Organizations:
American Youth Soccer Organization (AYSO), Moorpark Girls Softball Association
(MGSA), Moorpark Little League (MLL), Moorpark Musketeers Youth Football, (MMYF),
Moorpark Soccer Club (MSC), and United States Youth Volleyball League (USYVL). In
2016, the City Council also authorized a facility Use Agreement for Tri-Valley Roller
Hockey League (TVRHL).
The current Use Agreements expire on June 30, 2018. In order to continue to provide
reduced field rates, priority use, and other benefits to the Organizations without
interruption, new Use Agreements will need to be executed on or before June 30. Staff
is proposing several changes to the Use Agreements, as detailed below.
Draft Use Agreements were presented to the Transportation and Public Works
Committee at the March 5, 2018 and April 2, 2018 meetings. Representatives from all
current Organizations, as well as the representative from a new Organization (Achieve
Goals), were invited to these meetings. Additionally, staff met with several of the
Organizations individually to discuss with them potential changes specific to their
particular group.
DISCUSSION
Based on staff recommendations and feedback given in the Public Works and
Transportation Committee meetings, staff has prepared draft Use Agreements.
Significant changes to the Agreements are described below. Draft Use Agreements for
all of the current Organizations, as well as a draft Use Agreement for the new group
(Achieve Goals) are attached to this report.
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PREMISES
Clarification of field allocations: Currently, each Organization’s Use Agreement
identifies specific fields and facilities that are allocated to the Organization. In addition
to identifying specific fields, the Use Agreements state that the actual fields allocated
may be less than those identified, based on the standard field allocations as described
in the Moorpark Parks and Recreation Master Plan (Master Plan). Additional language
has been added to this section to clarify how the field allocation ratios are calculated.
Where applicable, field allocation ratios have been calculated out and specifically listed
based on the Master Plan standard facility allocations. No field allocations have been
reduced, but field allocations for softball and baseball have been increased in order to
recognize the different size fields needed for different age groups.
Addition of use periods: Language in the Premises section has been modified to
include use periods for all Organizations. These use periods correlate to reservation
request schedules that have been added in the Use section. It should be noted the
forty-two week limitation that was in the Use section has been removed, as described
later in this report.
Arroyo Vista Community Park fields (AVC P): In 2015, MMYF moved the location of
their games to Moorpark High School. At that time, there were ten (10) athletic fields at
AVCP, which included one football field and one practice football field. As football
games were no longer played at AVCP, the football goal posts, scoreboards, and
bleachers were removed from the park and the football field was converted into two
athletic fields. After the conversion of the football field, there were a total of eleven (11)
athletic fields at AVCP available for rental. However, the installation of the recreational
loop trail in 2017 decreased the turf area around the perimeter of the park, particularly
along the north side of the park adjacent to the access road. This resulted in the loss of
one athletic field. AVCP now includes ten (10) athletic fields. A diagram of the park and
field locations is attached to this report. It should also be noted that since 2015, the
expansion of several of the Organizations has resulted in competing use for the park
facilities at AVCP. This has become problematic, particularly since ball fields #3 and #4
overlap with athletic fields #1and #2 (the turf area is shared).
The sports fields assigned to AYSO, MGSA, and MMYF have been modified to address
the new field numbering due to the conversion of the football field into two athletic fields
and the trail installation, as well as to remove overlapping use among the three groups.
Snack bars at AVCP: Snack bar use was granted year round to AYSO (AVCP east
snack bar) and MGSA (AVCP west snack bar) based on AYSO and MGSA’s current
snack bar use practices.
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FEES
Hourly use fees for fields: As stated earlier, fees for field use under the current
Agreements are set at $8.00 per hour for an athletic field and $5.50 per hour for a ball
field. These fees were based on the City’s hourly costs to maintain these facilities in
2015. A current analysis of maintenance costs show an approximate 8% increase in
costs since 2015. Currently, athletic fields cost the City approximately $8.62 per hour to
maintain and ball fields cost $5.83 per hour to maintain. A detailed cost analysis is
attached to this report. Based on this information, staff recommends the following
increase in fees:
Current Fee Proposed Fee (2018-2021)
Athletic fields: $8.00/hour $8.75/hour
Ball fields (softball or baseball): $5.50/hour $6.00/hour
For reference, staff conducted a survey of use fees charged to youth sports
organizations by the City’s neighboring park districts. Currently, Conejo Recreation and
Park District (CRPD) charges $4.73/hour for inclusive/recreational use and $9.45/hour
for club/elite use. This fee applies to athletic fields and ball fields. Additionally, CRPD
charges a permit processing fee of $100.00 per season. Rancho Simi Recreation Park
District (RSRPD) charges $15.00 per hour for a ball field and $20.00 per hour for
athletic fields. RSRPD does not differentiate fees based on type of use. Pleasant Valley
Recreation and Park District (PVRPD) currently uses a variety of different fee models,
from no charge for some groups, to thousands annually for other groups. PVRPD is
currently in the process of reassessing their fee models for youth sports organizations.
PVRPD base Community Service Group (comparable to how the City defines youth
sports organizations) rates are currently $10.00 to $20.00/hour for a ball field and
$18.00 to $20.00/hour for an athletic field (depending on the location of the facility).
Non-resident fees: Language in the non-resident fee section has been modified to
reflect the actual manner in which non-resident fees are currently assessed and paid.
Previously, the Use Agreements required payment of the fee twice per year (fall and
spring season), with fees being reconciled between seasons and groups at the end of
the fiscal year. While the submission of rosters will still be required for each use period,
fees will not be calculated and assessed until shortly before the end of the fiscal year.
Additionally, the requirement of submission of a paper roster has been changed to an
electronic format.
Staff fees: In the current Use Agreements, staffing fees are charged only for
tournaments.
The City’s current Park Rental Fees resolution requires rentals with 200 or more people
in attendance to pay staffing fees. Historically, Organizations have been exempted from
staffing fees (with the exception of tournaments) due to the fact that their respective Use
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Agreements include routine maintenance clauses which require the Organizations to
empty trash cans, and install new liners, and pick up litter. However, compliance with
this requirement has been mixed. At times, the responsibility of removing trash has
fallen on City staff, diverting them from their regular duties. Additionally, City staff often
spend an excessive amount of time maintaining restroom facilities during the weekends
when there is high rental use of the fields by the Organizations. For this reason, staff
recommends requiring a provision in the Use Agreements that would allow for a staffing
fee on game days when six (6) or more athletic fields or four (4) or more ball fields are
rented concurrently. Typically multiple games are played on each field, resulting in
overall participation of players and spectators well above the 200 person threshold that
is applied to all other renters. Language has been added to the Agreements for those
Organizations that may be allocated four or more fields to include these staffing fees.
This provision would only apply to game days, and may be waived if the Organization
can demonstrate they have enough volunteers to adequately provide custodial services
for their premises. On practice days, or game days when the number of fields reserved
concurrently is less than described above, the routine maintenance clauses of the
Agreements will still apply. Requiring staffing will ensure City facilities are properly
maintained and will benefit the Organizations due to the fact that a City staff person will
be dedicated to their rental, ensuring custodial duties are completed.
Other fees: It should be noted that in addition to the hourly fees for field use as
described earlier, other fees as defined in the Park Rental Fees resolution, including but
not limited to permit application fees, field light fees, and vendor fees apply to any use
of City facilities by an Organization. The language regarding these fees has been
clarified in the Agreements.
USE
Elimination of forty-two week maximum annual use: In the 2012-2015 Use
Agreements, the amount of use allowed under the Agreement was limited to twenty-four
(24) weeks per year for primary and secondary season play. Specific time frames were
established for each Organization’s primary and secondary seasons. The Use
Agreements also allowed for two (2) tournaments per year. These limits were
established based on the typical length of the Organizations’ seasons, the need to allow
time for field refurbishment and maintenance, and to ensure adequate access to fields
for the general public. When preparing the 2015-2018 Use Agreements, the
Organizations requested an increase in the maximum number of weeks allowed under
the Agreements in order to accommodate expansion of their programs. The use
Agreements were changed to allow a maximum of forty-two (42) weeks per year, and
defined time frames for the primary and secondary seasons were removed. The
allowance for tournaments was increased from two to three (3) tournaments per year, to
allow for additional fund raising opportunities. The hourly field rental cost for these
tournaments is the same as other use of the fields under the Use Agreements. With the
inclusion of use periods as described above, the number of annual tournaments allowed
remains the same, but the forty-two week maximum use clause has been eliminated.
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The maximum use clause was eliminated for a variety of reasons; most Organizations
already go dark for several weeks or months of the year; Organizations that may run for
fifty-two weeks will need to ensure they are meeting all of the general conditions
required for use under the Agreement for each of their use periods; tracking the
Organization’s use to ensure they did not have reservations under the Use Agreement
is time very consuming and difficult for City staff to manage. However, the agreements
still allow for the closure of half the fields at AVCP during the spring and early summer
in order to allow time for field refurbishment.
Reservation request schedules: Language regarding the submission of schedules for
days and times requested for use by the Organizations (Reservation Request) has been
clarified, and a schedule detailing the specific date and/or minimum number of days in
advance that a Reservation Request must be submitted has been added. This is to
facilitate more timely and efficient processing of the Organization’s rental permits.
Special conditions for rental permits: Language has also been added to this section
to clarify that a rental permit may include additional conditions or requirements,
including specific requirements for tournaments. In particular, the condition to allow
overnight security for tournaments is included. Overnight security helps ensure that the
Organization’s equipment (and the City’s own facilities) are protected during the
overnight hours for large two or three day tournaments. Per 12.16.020 of the Moorpark
Municipal Code (MMC), no person may be in a park during the hours that the park is
closed. Parks are closed from sunset to 6:00 a.m., except for lighted park facilities
which may, per City Council Resolution 2016-3534, remain open until 10:00 p.m. Any
exception to these hours must be approved by the City Council. Therefore, rather than
getting approval each time an Organization holds a tournament, staff recommends
adding this language to the Use Agreements.
GENERAL CONDITIONS
Residency requirement: Currently, Organizations are required to register and maintain
a minimum of 80% resident players in order to be eligible for use of City facilities under
an Agreement. In order to be included in the residency calculations, the participant must
live within the City’s boundary. This minimum was established to ensure these
Organizations are serving primarily Moorpark youth. However, one Organization, MSC,
has not been able to consistently meet this minimum requirement. The most recent
audit of MSC’s rosters showed that the residency rate of MSC participants is 79%
Moorpark residents. Staff recommends lowering the minimum residency requirement to
75% as this still requires a high percentage of Moorpark residents, but allows a little
more flexibility for any Organization that cannot meet the 80% threshold.
ROUTINE MAINTENANCE AND OPERATIONS
Vehicles: Language in this section regarding the use of vehicles on the turf area has
been changed to specify that the type of vehicles that are permitted on the turf area are
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limited to golf cart or Gator style vehicles, unless approved in writing by the City’s
representative. This change has been made in order to protect turf and park property
from potential damage due to the use of full size vehicles on the park turf. Additionally,
the minimum age for the driver has been increased from 16 to 18 years of age.
Maintenance: Minor changes to this section that are specific to certain Organizations
have also been made, as noted in the respective Use Agreements. Most significantly,
the maintenance obligations in MLL and MGSA’s Agreements were modified. For both
Organizations, the obligation to be solely responsible for some maintenance tasks on
certain facilities, such as repairing fencing and the removal of graffiti, was removed or
shared jointly with the City. This is to recognize that fields at both AVCP and Poindexter
Park have rental use. Additionally, the City uses ball fields #2 and #4 at AVCP for the
City’s adult softball leagues. Since the rental and City use (as well as general use by the
public without permits) of these facilities contributes to wear and tear, it is reasonable
for the City to share or solely handle certain maintenance tasks.
FISCAL IMPACT
There is no impact to the City’s operating budget. However, there may be an increase
in park rental revenue due to the increase in hourly field use fees.
STAFF RECOMMENDATION Roll Call Vote
1) Approve Youth Sports Organization Use Agreements for the term of July 1, 2018
through June 30, 2021 with staff recommendations as contained in the agenda
report and authorize the City Manager to sign the Agreements, subject to final
language approval by the City Manager; and
2) Approve Fee Schedule for use of City facilities under a Youth Sports
Organization Use Agreement with staff recommendations as contained in the
agenda report.
Attachments:
1) Arroyo Vista Community Park Site Diagram
2) Field Maintenance Cost Calculations
3) Draft Achieve Goals Agreement
4) Draft American Youth Soccer Organization Agreement
5) Draft Moorpark Girls Softball Agreement
6) Draft Moorpark Little League Agreement
7) Draft Moorpark Musketeers Youth Football Agreement
8) Draft Moorpark Soccer Club Agreement
9) Draft Tri Valley Roller Hockey League Agreement
10) Draft United States Youth Volleyball League Agreement
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ATTACHMENT 2
CITY OF MOORPARK ‐ SPORTS FIELD MAINTENANCE COST DETAIL
Arroyo Vista Community Park, Miller Park, Peach Hill, Mammoth Highlands, Campus Canyon Park
Based on FY 2017/18 budget
PARKS (Regular Season Sports Use)Turf Acres Park Acres
Arroyo Vista 44 69
Miller Park 5.25 7
Peach Hill 710
Campus Canyon 4.5 5
Mammoth Highlands 4.5 6
Sub‐total 65.25 97
Total acres 'all' City Parks 151
PARK UNALLOCATED COSTS:
Salaries, Benefits & Administration (Park Staff)1,190,434.00$
Salaries, Benefits & Administration (Recreation Staff)46,207.00$
Machine&Equip 10,000.00$
Contractural Services 14,700.00$
Legal Services 5,000.00$
Equipment Maintenance 8,000.00$
Vehicle Maintenance 13,600.00$
Program Supplies 8,000.00$
Office Supplies 500.00$
Tools and Equipment 2,000.00$
Gasoline/Diesel 24,000.00$
Property Maintenance 15,000.00$
Communication Svc 1,500.00$
Vehicle & equipment depreciation 21,413.00$
Sub‐Total Unallocated Costs 1,360,354.00$
1 14
PARK SPECIFIC MAINTENANCE COSTS:
ARROYO VISTA COMMUNITY PARK
Arroyo Vista Community Park (Annual Park Maintenance Costs) ‐ 69 acres
Contractual Dial Security ($5,000, 50% MUSD)2,500.00$
Special Dept. Supplies 2,500.00$
Equipment Rental 1,500.00$
Property Maintenance 82,500.00$
Tree Trimming 25,000.00$
Landscape Services Contract Landscape Company (actual)139,740.00$
Electricity Pump 1,500.00$
Water 55,000.00$
Pay Phone 600.00$
Sub‐Total AVCP Annual Park Maint. Cost 310,840.00$
MILLER PARK
Miller Park (Annual Park Maintenance Costs) ‐ 7 acres
Equipment Rental 2,250.00$
Property Maintenance 24,000.00$
Tree Trimming 2,000.00$
Landscape Services Contract Landscape Company (actual)16,140.00$
Electricity 7,000.00$
Water 47,600.00$
Sub‐Total Miller Annual Park Maint. Cost 98,990.00$
PEACH HILL PARK
Peach Hill (Annual Park Maintenance Costs) ‐ 10 acres
Equipment Rental 750.00$
Property Maintenance 28,400.00$
Tree Trimming 5,000.00$
Landscape Services Contract Landscape Company (actual)26,940.00$
Electricity 3,150.00$
Water 40,000.00$
Sub‐Total Peach Hill Annual Park Maint. Cost 104,240.00$
CAMPUS CANYON PARK
Campus Canyon (Annual Park Maintenance Costs) ‐ 5 acres
Property Maintenance 23,300.00$
Tree Trimming 2,500.00$
Landscape Services Contract Landscape Company (actual)11,820.00$
Electricity 900.00$
Water 29,500.00$
Sub‐Total Campus Canyon Annual Park Maint. Cost 68,020.00$
MAMMOTH HIGHLANDS PARK
Mammoth Highlands (Annual Park Maintenance Costs) ‐ 6 acres
2 15
Property Maintenance 15,300.00$
Special Benefit Assessment 18,000.00$
Landscape Services Contract Landscape Company (actual)14,580.00$
Electricity 3,100.00$
Water 50,750.00$
Sub‐Total Mammoth Park Annual Park Maint. Cost 101,730.00$
SUMMARY: HOURLY COST/ACRE
Unallocated Costs ‐ 151 acres Cost
All parks 1,360,354.00$
Sub‐Total 1,360,354.00$
Total Park Unallocated Costs/Acre 9,008.97$
(Cost allocation based on total park acreage, 151 acres)
Park Maintenance Costs ‐ 97 acres Cost
Arroyo Vista Community Park 310,840.00$
Miller Park 98,990.00$
Peach Hill Park 104,240.00$
Campus Canyon Park 68,020.00$
Mammoth Park 101,730.00$
Sub‐Total 683,820.00$
Total Park Annual Maintenance Costs/Acre 7,049.69$
(Cost allocation based on total sports park acreage, 97 acres)
Total Cost per Acre 16,058.66$
Total Cost Per Acre/Hour 5.83$
Based on 2756 total hours
Standard time: 4 hours M‐F, 13 hours Sat & Sun
Day Light Saving Time: 6 hours M‐F, 15 hours Sat & Sun
Total Cost Per Sports Field/Hour 8.62$
(Sports Field = 110 yards x 65 yards = 1.48 Acres)
3 16
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
ACHIEVE GOALS, INC. FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
2018, between the CITY OF MOORPARK, a municipal corporation located in the County of
Ventura, State of California, hereinafter referred to as "City" and ACHIEVE GOALS, INC., a
nonprofit organization, hereinafter referred to as "AGI".
W I T N E S S E T H:
WHEREAS, youth sports programs are a valuable asset to the Moorpark
community; and
WHEREAS, AGI provides soccer programs for the youth of the Moorpark
community; and
WHEREAS, AGI desires to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation of facility
use agreements for Moorpark nonprofit youth sports organizations in order to provide
special conditions, priority use, and reduced use fees to the youth sports organizations.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises contained herein, the parties hereto agree as follows:
1. Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to AGI, and AGI hereby accepts from City, the
use of certain real property and associated facilities and equipment at Arroyo Vista
Community Park, hereinafter “AVCP” and Miller Park, hereinafter “MP” as described below
and in Attachment "A" attached hereto and by this reference incorporated herein, together
with any and all improvements thereon, all of which are hereinafter referred to as the
"Premises" for the following use periods:
A. During the fall season, one athletic field at MP for practices Monday through Friday
and one athletic field at AVCP for games on Sunday. One (1) athletic field at AVCP
may be substituted for the athletic field at MP so long as such use does not interfere
with American Youth Soccer Organization Region 363 (AYSO), Moorpark Girls
Softball Association (MGS), or Moorpark Packers dba Moorpark Musketeers Youth
Football (Musketeers) use of Premises as identified in their respective Agreements.
The fall season may start no earlier than August 1 and conclude no later than
December 31.
The field assigned to AGI shall be at City’s sole discretion, and shall exclude use of
athletic field #5 during the fall season. At City’s sole discretion, other fields may be
temporarily assigned to AGI if all, or a portion of, the field allocated to AGI is not
available due to closure for maintenance or use by City for its own programs.
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B. For up to three (3) tournaments per calendar year, up to ten (10) athletic fields and
four (4) ball field outfields at AVCP. Each tournament may not exceed two (2)
weekends or four (4) total days. Weekends for each tournament must be
consecutive, unless facilities are not available due to City use, holidays,
maintenance, or other rental use. Tournament use is subject to availability of fields,
and may not interfere with AYSO, MGS, or Musketeers use of Premises as
identified in their respective Agreements.
C. During the spring season, and other use periods outside of the fall season including
but not limited to training clinics, camps, and advanced, specialized, or year-round
team practices not associated with a specific season, one (1) athletic field at AVCP.
The spring season may start no earlier than March 1 and conclude no later than
May 31.
The field assigned to AGI shall be at City’s sole discretion. At City’s sole discretion,
other fields may be temporarily assigned to AGI if all, or a portion of, the field
allocated to AGI is not available due to closure for maintenance or use by City for its
own programs.
For use of City facilities beyond or other than described above, AGI agrees to obtain a
Rental Permit and pay rental fees as described in the current Park Rental Rules and Park
Rental Fees Resolution.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 2018, and
ending on June 30, 2021, provided however, that City's obligations hereunder shall be
contingent upon AGI's payment in full of all use and related fees and fulfillment of all
obligations as set forth in this Agreement.
This Agreement may be terminated by either party with or without cause by providing
written notice no less than thirty (30) days in advance of such termination.
3. Use Fees
AGI agrees to pay the City Use Fees for the Premises as follows:
A. Hourly use fees for fields for facilities as described in Sections 1 A and B of this
Agreement:
$8.75/hour for athletic fields
$6.00/hour for softball/baseball fields or open grass areas
B. Non-resident Fee: Single Family Equivalent park assessment per family, for children
registered in the league who reside outside of Moorpark city limits. The fee shall be
paid once per fiscal year per family. In the event a child, or his/her sibling(s),
participate in two or more youth sports organizations with approved facility use
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agreements, the non-resident fee shall be equally divided among said youth sports
organizations.
AGI shall submit a registration roster, including names of non-resident participants,
and street addresses and zip codes of all participants (both resident and non-
resident), registered in the program within five (5) business days of the close of
registration for each use period for the purpose of verifying, assessing, and tracking
non-resident fees and ensuring compliance with minimum participant and residency
requirements. Rosters shall be submitted via email to the Recreation Division
manager in Excel workbook format.
City shall calculate non-resident fees due no later than May 30 of each year. AGI
shall be notified in writing of non-resident fees due no later than June 1. Non-
resident fees must be paid in full no later than June 25.
C. Staff Fees: Staff fees as described in the current City Council Staff Billing Rates
Resolution, as may be amended from time to time, for monitoring of and
maintenance during tournaments. Staff fees shall be paid for the duration of the
tournament.
Fees for use of the Premises must be paid in accordance with the following schedule.
Failure to pay fees when due will result in the denial or cancelation of the Rental Permit for
use under the Agreement:
A. $100 due at time of submission of Reservation Request.
B. 50% payment due within five (5) business days of issuance of approved Rental
Permit for seasonal use, full payment due within five (5) business days of issuance
of permit for tournaments or other use.
C. Balance of payment due within ten (10) business days of start of season for
seasonal use.
The City may adjust the Use Fees, referenced in this section on or before the beginning of
the new fiscal year, commencing on July 1 and ending June 30, by giving AGI written
notice by April 1.
Fees other than those specifically described above shall be charged and payable as
defined in the Park Rental Fees Resolution. This includes, but is not limited to, permit
application fees, vendor fees, security deposits, cancellation fees, refund processing fees,
and fees for use of City facilities other than Premises.
4. Refunds or Credits for Use Fees
Use Fees paid may be refunded or credited under the following conditions:
A. The Premises are unusable due to inclement weather (temperatures below 45°F or
above 95°F, active precipitation, winds in excess of thirty (30) miles-per-hour, or
heavy fog), or conditions exist (as determined by City Manager or the City
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Manager’s designee) which make the Premises unusable, such as water saturated
fields. AGI may also reschedule the canceled date, within the time frames and
maximum use allowed by this Agreement.
B. A request for cancellation for a date or dates reserved and paid for under the
Agreement is received thirty (30) calendar days or more in advance of the
scheduled date or dates.
For requests for cancellations received between twenty-nine (29) and five (5) calendar
days prior to the scheduled date, AGI may reschedule the canceled date, within the time
frames and maximum use allowed by this Agreement.
No refunds or credits will be issued for requests for cancellations received less than five (5)
calendar days in advance, and the canceled date or dates may not be rescheduled.
5. Use
The Premises shall be used for AGI’s authorized games, practices, and training sessions.
The Premises shall be used as specified in this Agreement only, and shall not be used for
any other purpose without the prior written consent of the City Manager or the City
Manager’s designee.
A schedule of times and days requested for use of Premises (Reservation Request) shall
be furnished to the Parks and Recreation Director (PR Director) or the PR Director’s
designee for the City’s approval as follows:
A. Fall season: On or before July 15. Fields not requested for reservation by AGI for
the fall season by this date will be available to the public and AGI will not have
priority use of them.
B. Spring season: On or before February 15. Fields not requested for reservation by
AGI for the spring season by this date will be available to the public and AGI will not
have priority use of them.
C. Tournaments: At least sixty (60) calendar days prior to the first day of tournament
play.
D. All other use: At least thirty (30) calendar days prior to the start of the use period.
The Reservation Request must be provided on the “Park Facility Reservation Application
Youth Sports Organizations” form for seasonal use, and on the “Tournament Reservation
Application” form for tournaments. A separate Reservation Request must be submitted for
each use period (including fall season, spring season, all-stars, tournaments, training
clinics, camps, and other use periods.)
Reservation Requests not submitted by the above stated deadlines, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation Requests submitted after the above stated deadlines will forfeit priority use
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over other renters, will not be eligible for the reduced hourly field Use Fees as described in
3.A. of this Agreement, and will be processed and fees charged in accordance with the
Park Rental Rules and Park Rental Fees Resolutions.
The City shall provide AGI with an approved Rental Permit based on each Reservation
Request detailing the dates and times AGI is authorized to use Premises. Requested
changes to the approved Rental Permit must be submitted to City in writing. All requested
changes must be approved by City.
The approved Rental Permit may contain additional conditions or special requirements.
These may include but are not limited to the requirement of portable toilets and trash and
recycle dumpsters for tournaments, permission for overnight security for tournaments, and
vendor requirements. AGI shall abide by all conditions and requirements on the approved
Rental Permit.
At all times, City retains the right to use Premises for City sponsored and co-sponsored
events upon no less than thirty (30) days written notice to AGI. The general public shall
have access to and use of Premises at times not included in the approved Rental Permit.
AGI shall not have priority use of Premises outside of the approved Rental Permit.
6. General Conditions
A. In order to retain rights under this agreement, AGI shall maintain status as a 501 (c)
(3) nonprofit corporation chartered within the City of Moorpark. AGI agrees to
provide City with proof of nonprofit status and a certified accounting of its financial
status each year.
The annual financial accounting shall include: 1) a budget summary of actual
revenue and expenditures from AGI’s prior fiscal year; 2) a budget summary of
estimated revenue and expenditures for AGI’s current fiscal year; and 3) a bank
statement or account summary to verify information provided in budgets. The
financial accounting and proof on nonprofit status shall be submitted with the “Youth
Sports Organization Information Sheet” on or before January 15 of each year.
B. In order to retain rights under this Agreement, AGI must register and maintain a
minimum of seventy-five (75) players. Additionally, a minimum of seventy-five
percent (75%) of participants must reside within Moorpark city limits. AGI shall
provide City with registration rosters as described in 3 C of this Agreement.
C. AGI shall submit annually to the City a completed “Youth Sports Organization
Information Sheet,” the form of which shall be as provided by the City. The information
sheet for each calendar year shall be submitted no later than January 15.
D. AGI shall submit to City a Certificate of Authorized Signatories, with names and
signatures of those authorized to sign documents on behalf of AGI. A new form
shall be submitted any time the list of authorized signatories changes.
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E. AGI agrees to obtain a Rental Permit and pay rental fees as required by section
12.16.160 of the Moorpark Municipal Code (MMC) for all use of City facilities not
included in the “Premises” and “Use” sections of this Agreement. AGI further agrees
to notify all coaches and participants of the City’s rules and regulations governing
City park rentals, and shall prohibit any coach or participant from interfering with a
permitted park rental.
7. Wet Field Policy
AGI agrees to abide by the terms of the Wet Field Policy as described in the Rules and
Regulations Governing City Park Rentals Resolution, as may be amended from time to
time, to preserve the quality and life of the fields and promote a safe playing environment.
The Wet Field Policy applies to conditions due to precipitation, over-watering, irrigation
system problems, or other circumstances that may result in wet fields. When fields are
sufficiently wet such that their use may lead to turf damage or bodily injury, they will be
closed to all use at the City Manager’s or the City Manager’s designee’s sole discretion.
Fields are closed under the following conditions:
A. Rain (with the exception of light drizzle if the ground is relatively hard and dry prior
to the start of the drizzle).
B. Standing water/ponding or mud is present.
C. Water gathers around the sole of a shoe.
D. Footprints leave an impression in the turf.
E. Other conditions deemed unsuitable for recreational activities as determined by the
City Manager or the City Manager’s designee.
8. Signs
AGI agrees not to permit the construction or placement of any sign, signboard, or other
form of outdoor advertising on the Premises without the prior written consent of the City
Manager or the City Manager’s designee. In the event of a violation of this provision by
AGI or any one claiming under AGI, AGI hereby authorizes City as AGI's Agent, to remove
and dispose of any such sign, signboard, or other advertising, and to charge the cost and
expense of any such removal and disposal to AGI who agrees to pay the same upon
demand.
This provision does not prohibit the use of identification banners for individual teams and
sponsors, which may be displayed during games and shall be removed following the end of
each game.
AGI further agrees to abide by the City’s Sign Ordinance regarding the placement of signs
at any location other than Premises.
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9. Vendors
Vendors are not permitted without the prior written authorization of the City Manager or the
City Manager’s designee. Vendors are subject to the following conditions:
A. Vendors must complete the City’s vendor application form.
B. Vendors must be self-contained.
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the American with Disabilities Act (ADA).
Vendors must have a current Moorpark business registration permit as required by
MMC 5.08 (Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
AGI must pay to the City vendor fees as described in the current Park Rental Fees
resolution.
10. Indemnification and Hold Harmless
AGI hereby agrees to hold harmless and indemnify City, its officials, agents, and employees,
and its successors and assigns, from and against all claims, loss, damage, actions, causes
of actions, expense (including costs of fees and expenses for legal services) and/or liability
arising or growing out of loss or damage or destruction to property, including City's own
personal property, or injury to or death of persons, including employees of City, resulting in
any manner whatsoever directly or indirectly, by reason of this Agreement or the use of City
facilities by AGI or any person claiming use under or through AGI unless such loss, damage,
injury, or death is due to the sole negligence of the City. AGI shall also hold the City
harmless from all costs and expenses, including costs of investigation arising out of or
incurred in the defense of any claim, proceeding, or action brought for injury to persons or
damage to property, resulting from or associated with the use of City facilities under this
Agreement and shall further save and hold harmless the City from any and all orders,
judgments, and decrees which may be entered in any and all such suit or actions. AGI and
all others using said facilities under this Agreement hereby waive any and all claims against
the City of damage to persons or property in, or about City facilities.
The City does not, and shall not, waive any rights that it may have against AGI by reason
of this Section, because of the acceptance by the City, or the deposit with the City, of any
insurance policy or certificate required pursuant to this Agreement. Said hold harmless
and indemnification provision shall apply regardless of whether or not said insurance
policies are determined to be applicable to the claim, demand, damage, liability, loss, cost
or expense described in this Section. The provisions of this Section shall survive the
expiration or termination of this Agreement. The provisions of this Section shall apply to all
use of City facilities by AGI pursuant to this Agreement. Failure of City to monitor
compliance with requirement set forth in this Agreement imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
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11. Liability Insurance
AGI shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Attachment “B” attached hereto and incorporated
herein by this reference as though set forth in full. The provisions of this Section shall apply
to all use of City facilities by AGI pursuant to this Agreement.
12. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be
done at City’s sole discretion and shall be performed by City force account or by City’s
authorized agent unless approved by City Manager or the City Manager’s designee in
writing. All maintenance authorized to be performed by AGI shall adhere to City
specifications and standards.
A. During use under this Agreement, AGI shall be responsible to perform the following
maintenance on Premises at AGI’s sole cost and expense:
1. Mark soccer field lines using only an approved water-based acrylic paint,
manufactured specifically for marking lines on sports turf and athletic fields.
Athletic field paint may not contain calcium carbonate, vinyl copolymers,
herbicides (including growth inhibitors), or pesticides.
2. Maintain, install, secure, and properly anchor soccer goals in a manner and
location as approved in writing by City Manager or the City Manager’s
designee. Nets and goals shall be free from defects, and in good working
condition. Nets and goals shall be maintained, repaired, and/or replaced as
needed at AGI’s sole cost and expense. Nets or goals in need of repair shall
be removed from play, locked, and stored until repaired. Prior to use, goals
shall be properly anchored to the ground with mounting hardware supplied or
approved by the goal manufacturer. AGI shall attempt to vary the placement
of the goals periodically to maintain the integrity of the turf and shall consult
with City to identify mutually agreeable locations prior to installation (field
layout approval). Goals shall be secured and stored at a location on
Premises mutually agreed upon in writing by AGI and City when not in active
use for games or practices. Goals must be placed no earlier than one hour
prior to the start of a game or practice and must be stored no later than one
hour after the conclusion of a game or practice.
3. Pick up trash and recycle materials on and within 100’ around Premises and
provide for additional trash containers as needed. Trash and recycling
containers shall be emptied when they are no more than seventy-five percent
(75%) full, with trash and recycle materials placed in the appropriate trash or
recycle container bin. Additionally, recycle material shall be removed from
the liner and placed in the appropriate recycling bin. All recycle and trash
receptacles shall be installed with trash liners. Liners shall be supplied by
AGI. Trash liners shall be black in color and 1.5 mill or better, and recycle
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liners shall be clear, unless otherwise approved by the City.
4. Remove graffiti from goals within seventy-two (72) hours of notification to do
so. All cleaning products used must be approved by City. If AGI fails to
remove graffiti as described in this section, AGI authorizes City to remove
graffiti and to charge the cost and expense of such removal to AGI, who
agrees to pay the same upon demand.
5. AGI shall remove their goals from Premises after each season for storage at
a location on Premises mutually agreed upon in writing by AGI and City.
B. City shall be responsible to perform the following:
1. Irrigate, mow, fertilize, and aerate at City’s expense turf areas within
Premises.
C. City shall not be obligated to repair, replace or maintain the Premises in any manner
throughout the term of this Agreement. City shall not be obligated to perform any
precautionary or preventative measures with respect to the Premises, including, but
not limited to drainage and flood control measures. Should City perform any of the
foregoing, such services shall be at the sole discretion of City, and the performance
of such services shall not be construed as an obligation or warranty by City of the
future or ongoing performance of such services. City shall determine maintenance
specifications.
D. City agrees to allow AGI to access the field portion of Premises with no more than
one (1) vehicles for the specific purpose of setting up and taking down equipment
only. Vehicles shall not exceed a gross vehicle weight (GVW) of 5,400 pounds and
may only include golf carts, utility vehicles (“Gators”), or all-terrain vehicles (ATVs).
Vehicles must be equipped with turf tires. AGI agrees not to use vehicles on the
field whenever the ground is wet, for whatever reason, without obtaining the City
Manager’s or the City Manager’s designee’s written approval. AGI further agrees
that only licensed drivers age eighteen (18) or older may drive said vehicles. AGI
agrees to immediately report to City any damage to Premises caused by use of
vehicles on Premises. AGI further agrees to repair any damage caused by AGI’s
use of vehicles at AGI’s sole cost and expense to the satisfaction of the City. Except
as described above, use of any other vehicle on any area other than roadways and
parking lots requires the advance written approval of City.
13. Improvements
AGI shall not make any alterations, additions, or improvements upon the Premises without
the prior written consent of the City Manager or the City Manager’s designee. Requests to
make alterations, additions, or improvements must be submitted to the City in writing no
less than fifteen (15) business days prior to the desired start date for work.
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
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maintained at AGI’s sole cost and expense in strict accord with all federal, state, county,
and local laws, ordinances, codes, and standards relating thereto, including ADA
requirements. Performance of work shall be subject to City monitoring and inspection. At
City’s sole discretion, work may be stopped if it does not conform to City specifications and
standards.
Unless otherwise expressly agreed to in writing by the City Manager or the City Manager’s
designee, any alterations, additions, and improvements shall remain on and be
surrendered with the Premises upon the expiration or termination of this Agreement. AGI
shall timely pay all costs associated with any and all improvements, and shall keep the
Premises free and clear of all mechanics liens. AGI agrees to and shall indemnify, defend,
and save City free and harmless against all liability, loss, damage, costs, attorney fees and
other expenses of any nature resulting from any AGI alterations, additions, or
improvements to the Premises.
If AGI discontinues use of Premises for a period of eighteen (18) consecutive months, all
improvements to Premises not already owned by City shall become the property of the City
unless otherwise authorized by the City Manager or the City Manager’s designee in writing.
14. Amplified Sound
AGI agrees not to use amplified sound without the prior written authorization of the City
Manager or the City Manager’s designee. AGI agrees to abide by the provisions regulating
amplified sound as set forth in sections 12.16 (Parks and Open Space), and 17.53 (Noise),
of the MMC.
15. Flammable Material, Waste, and Nuisances
AGI agrees that it will not place or store any flammable materials on the Premises, that it
will not commit any waste or damage, nor suffer any to be done. AGI also specifically
agrees that it will not allow others to take such actions on the Premises. AGI further
agrees that it will keep the Premises clean, free from weeds, rubbish, and debris and in a
condition satisfactory to City.
AGI shall also provide adequate controls for dust, odors, and noise which may emanate
from the Premises or from AGI's activities on adjacent property and take appropriate steps
necessary to prevent dust contamination of City's facilities located on, near or adjacent to
the Premises. AGI agrees to take preventative action to eliminate such dust, odor, noise,
or any other nuisance which may disturb the adjacent or nearby community and agrees to
be responsible for and to assume all liability for such dust, odor, noise, or other nuisance
disturbances. AGI also agrees that it shall not use amplified sound or field lighting on
Premises for any reason, without the prior written consent of the City Manager or the City
Manager’s designee.
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16. Pesticides and Herbicides
AGI 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. AGI
further agrees to dispose of any pesticides, herbicides, or any other toxic substances which
are declared to be either a health or environmental hazard in such a manner as prescribed
by law. This shall include, but shall not be limited to, contaminated containers, clothing,
equipment, or any other contaminated material.
17. Hazardous Materials Indemnity
AGI hereby agrees to indemnify and hold harmless City, and its respective officers,
employees, and agents, from and against any and all claims, actions, losses, liabilities,
costs and expenses: (a) including, without limitation, all foreseeable and all unforeseeable
consequential damages, directly or indirectly arising out of the use, generation, storage, or
disposal of Hazardous Material on the Premises by AGI; and (b) including, without
limitation, the cost of any required or necessary repair, cleanup, or detoxification and the
preparation of any closure or other required plans, to the full extent that such action is
attributable, directly or indirectly, to the presence, or use, generation, storage, release,
threatened release, or disposal of Hazardous Materials on the Premises by AGI. As used
in this Section, Hazardous Materials means any flammable explosives, radioactive
materials, asbestos, PCBs, hazardous water, toxic substances of related materials,
including, without limitation, substances, defined as "hazardous substances", "hazardous
materials", or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the
Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic
Substances Control Act, 15 USC, Section 2601, et seq.; any other federal, state, or local
law applicable to the Premises; and in the rules and regulations adopted or promulgated
under or pursuant to any of said laws. The provisions of this Section shall survive the
expiration or earlier termination of this Agreement.
18. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof, and
for the purpose of providing maintenance and making such repairs as City desires to make.
19. Governing Law
AGI agrees that in the exercise of its rights under this Agreement, AGI shall comply with all
applicable federal, state, county, and local laws and regulations in connection with its use
of the Premises, including but not limited to the ADA. The existence, validity, construction,
operation, and effect of this Agreement and all of its terms and provisions shall be
determined in accordance with the laws of the state of California.
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20. Discrimination
AGI agrees not to discriminate against any person or class of persons by reason of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status of such person; or any
other basis protected by applicable federal, state, or local law in the use of the Premises.
21. Assignment and Subletting
AGI shall not assign this Agreement, or any interest therein, and shall not assign use of the
Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any
other person (the agents and servants of AGI excepted) to occupy or use the Premises, or
any portion thereof, without the prior written consent of the City Manager or the City
Manager’s designee. A consent to one assignment, subletting, occupation, or use by
another person shall not be deemed to be a consent to any subsequent assignment,
subletting, occupation, or use by another person. This Agreement shall not, nor shall any
interest therein, be assignable, as to the interest of AGI, by operation of law, without the
written consent of the City Manager or the City Manager’s designee. Any assignment or
subletting without such consent shall be void, and shall, at the option of the City, terminate
this Agreement. No legal title or interest in Premises is created or vested in AGI by this
Agreement.
22. Insolvency or Bankruptcy
If AGI shall be adjudged bankrupt or insolvent, this Agreement shall thereupon immediately
terminate and the same shall not be assignable by any process of law, or be treated as an
asset of the AGI under such adjudication, nor shall it pass under the control of any trustee
or assignee by virtue of any process in bankruptcy or insolvency, or by execution or
assignment for the benefit of creditors. If any such event occurs, this Agreement shall
immediately become null and void and of no effect, and City may thereupon repossess
said Premises and all rights of the AGI thereupon shall cease and terminate.
23. Default or Breach
Except as otherwise provided, at any time one party to this Agreement is in default or
breach in the performance of any of the terms and conditions of this Agreement, the other
party shall give written notice to remedy such default or breach. If default or breach is
remedied within thirty (30) days following such notice, then this Agreement shall continue in
full force and effect. If such default or breach is not remedied within thirty (30) days
following such notice or if the nature of the default is such that it cannot reasonably be
cured within thirty (30) days, if AGI fails to commence to cure within the thirty (30) day
period, the other party may, at its option, terminate this Agreement. Such termination shall
not be considered a waiver of damages or other remedies available to either party because
of such default or breach. Each term and condition of this Agreement shall be deemed to
be both a covenant and a condition.
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24. Interpretation
Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed
that this Agreement was prepared by the parties jointly and equally, and shall not be
interpreted against either party on the ground that the party prepared the Agreement or
caused it to be prepared.
25. Waiver
A waiver by either party or any default or breach by the other party in the performance of
any of the covenants, terms or conditions of this Agreement shall not constitute or be
deemed a waiver of any subsequent or other default or breach.
26. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
27. Condemnation
If the whole of the Premises should be taken by a public authority under the power of
eminent domain, then the term of this Agreement shall cease on the day of possession by
the public authority. If a part only of the Premises should be taken under eminent domain,
AGI shall have the right to either terminate this Agreement or to continue in possession of
the remainder of the Premises. If AGI remains in possession, all of the terms hereof shall
continue in effect, with the fees payable being reduced proportionately for the balance of
the Agreement term.
28. Remedies
In case of the failure or refusal of AGI to comply with and perform each and all of the terms
and covenants on its part herein contained, this Agreement and all rights hereby given
shall, at the option of City, cease and terminate, and City shall have the right forthwith to
remove AGI's personal property from the Premises at the sole cost, expense and risk of
AGI, which cost and expense AGI agrees to pay to City upon demand, together with
interest thereon at the maximum rate allowed by law, and use fees due to date from the
date of expenditure by City.
29. Attorney Fees
In case City shall bring suit to compel performance of or to recover for breach of any
covenant, agreement, or condition herein contained and such suit results in a judgment for
City, AGI will pay to City attorney fees in addition to the amount of judgment.
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30. Notices and Payments
All notices required under this Agreement including change of address shall be in writing,
and all notices and payments shall be made as follows:
All payments and notices to AGI shall be given or mailed to AGI at the address listed below
and addressed to the current AGI Regional Commissioner. It is the responsibility of AGI to
notify City when there has been a change with regard to the individual serving as Regional
Commissioner and to provide the City with name, address, and 24-hour contact phone
number of the new Commissioner.
Achieve Goals, Inc.
Mark Noorzai
4215 Tierra Rejada Road #101
Moorpark, CA 93021
All payments and notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
31. Partial Invalidity
If any term, covenant, condition, or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
32. Gender and Number
For the purpose of this Agreement wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall include the
plural and the plural number shall include the singular, wherever the context so requires.
33. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to be
used in interpreting or construing the terms, covenants, and conditions of this Agreement.
34. Modification
This Agreement may be terminated, extended, or amended in writing by the mutual written
consent of the parties hereto. Such amendments may be executed by the City Manager
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on behalf of the City.
35. Venue
This Agreement is made, entered into, executed in Ventura County, California, and any
action filed in any court for arbitration for the interpretation, enforcement or other action of
the terms, conditions or covenants referred to herein shall be filed in the applicable court in
Ventura County, California.
36. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous negotiations and understandings between the parties. There are no
representations, warranties, or commitments, oral or written, other than those expressly set
forth herein.
37. Authority to Execute Agreement
The person executing this Agreement on behalf of AGI warrants and represents that
he/she has the authority to execute this Agreement on AGI’s behalf and has the authority
to bind AGI to the terms of this Agreement.
IN WITNESS W HEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK ACHIEVE GOALS, INC.
_______________________________ _______________________________
Troy Brown Mark Noorzai
City Manager President
Attest:
_________________________________
Maureen Benson
City Clerk
Attachments: A: Premises
B: Insurance Requirements
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Attachment A
Premises
Arroyo Vista Community Park
Tournaments:
Up to ten (10) athletic fields and four (4) ball
field outfields
Fall Season:
One (1) athletic field for games on Sunday
Spring Season and All Other Use:
One (1) athletic field
Miller Park
One (1) athletic field for practices Monday
through Friday during the fall season
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Attachment B
Insurance Requirements
AGI shall secure, pay for, and maintain in full force and effect for the duration of this Agreement a
policy of comprehensive insurance as detailed below from a good and responsible company or
companies authorized to do insurance business in the State of California, with a Best Rating / FPR
of no less than A-. Policies shall bear an endorsement or shall have attached a rider whereby it is
provided that, in the event of amendment or cancellation of such policy for any reason whatsoever,
City shall be notified by registered mail, postage prepaid, return receipt requested, not less than
thirty (30) days before the amendment or cancellation is effective. AGI shall furnish a Certificate of
Liability Insurance and Insurance Endorsement, subject to the City’s acceptance, to the City prior to
execution of this Agreement. AGI agrees to have its insurer endorse, to the satisfaction of the City,
the third party general liability coverage required herein to include as additional insureds the City of
Moorpark and its officials, employees, and agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached
thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to AGI or City.
B. Provide a minimum of $1,000,000.00 per occurrence with a minimum of $2,000,000
aggregate commercial general liability coverage.
C. AGI’s policy shall be considered primary insurance with respect to any other valid and
collectible insurance the City may possess, including any self-insured retention the City may
have, and any other insurance the City does possess shall be considered excess and shall not
contribute to it.
2. AUTO INSURANCE
Business Auto Coverage, on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any
Auto), or the exact equivalent. Limits are subject to review, but in no event to be less than
$1,000,000.00 per accident. If AGI owns no vehicles, this requirement may be satisfied by a non-
owned auto endorsement to the general liability policy described above. If AGI or AGI’s employees,
participants, associates, or volunteers will use personal autos in any way during the performance of
this Agreement, AGI shall provide evidence of personal auto liability for each such person.
3. WORKERS’ COMPENSATION INSURANCE
Workers’ Compensation Insurance, on a state-approved policy form providing statutory benefits as
required by law. AGI shall furnish a Certificate of Insurance to the City within thirty (30) days of
execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrence
basis.
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
AMERICAN YOUTH SOCCER ORGANIZATION REGION 363
FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
20152018, between the CITY OF MOORPARK, a municipal corporation located in the County of
Ventura, State of California, hereinafter referred to as "City" and AMERICAN YOUTH SOCCER
ORGANIZATION REGION 363, a nonprofit organization, hereinafter referred to as "AYSO".
W I T N E S S E T H:
WHEREAS, youth sports programs are a valuable asset to the Moorpark community; and
WHEREAS, AYSO provides soccer programs for the youth of the Moorpark community;
and
WHEREAS, AYSO desires to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation of facility use
agreements for Moorpark nonprofit youth sports organizations in order to provide special
conditions, priority use, and reduced use fees to the youth sports organizations.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises
contained herein, the parties hereto agree as follows:
1. Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to AYSO, and AYSO hereby accepts from City, the
use of certain real property and associated facilities and equipment at Arroyo Vista Community
Park, hereinafter “AVCP”, as described below and in Attachment A, including the following, as
described in Attachment "A" attached hereto and by this reference incorporated herein, together
with any and all improvements thereon, all of which are hereinafter referred to as the "Premises"
for the following use periods:
A. Athletic fields 1, 2, 3, 4, 5, 6, 7, and 8 (limited to four fields for spring season)During the fall
season, up to eight (8) athletic fields for practices Monday through Friday, up to ten (10)
athletic fields for games on Saturday, and up to four (4) athletic fields on Sunday. The fall
season mayshall begin no earlier than August 1 and conclude no later than December 31.
Actual fields allocated may be less than described above, and shall be governed by the
“Moorpark Parks and Recreation Master Plan” standard field allocations for games. Said
allocations for soccer shall be one (1) field per twelve (12) teams. One (1) City athletic field
shall be counted as one (1) to four (4) league fields, dependent on the size of the field
required for the age group. Fields allocated shall not exceed the following ratio:
One (1) City athletic field for every forty-eight (48) teams in U8 Division and under.
One (1) City athletic field for every twenty-four (24) teams in U9 and U10 Divisions.
One (1) City athletic field for every twelve (12) teams in U11 Division and over.
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The fields assigned to AYSO shall be at City’s sole discretion, and shall exclude use of
athletic field #4 Monday through Friday during the fall season. At City’s sole discretion,
other fields, including ball field outfields, open grass areas, or athletic fields at other City
parks, may be temporarily assigned to AYSO if all, or a portion of, allocated athletic fields
at AVCP are not available due to closure for maintenance or use by City for its own
programs.
B. The outfield portion of softball fields 1, 2, 3, and 4 (for fall season and tournaments
only).For up to three (3) tournaments per calendar year, up to ten (10) athletic fields and
four (4) ball field outfields. Each tournament may not exceed two (2) weekends or four (4)
total days. Weekends for each tournament must be consecutive, unless facilities are not
available due to City use, holidays, maintenance, or other rental use. Tournament use is
subject to availability of fields, and may not interfere with Moorpark Girls Softball or
Moorpark Packers dba Moorpark Musketeers Youth Football use of Premises as identified
in their respective Agreements.
C. Football field and practice football field (for Saturday and Sunday during seasonal play and
tournaments only).
C. During the spring season and other use periods including but not limited to training clinics,
camps, and advanced, specialized, or year-round team practices not associated with a
specific season, up to four (4) athletic fields. The spring season shall begin no earlier than
March 1 and conclude no later than May 31.
Actual fields allocated may be less than described above, and shall be governed by the
“Moorpark Parks and Recreation Master Plan” standard field allocations for games. Said
allocations for soccer shall be one (1) field per twelve (12) teams. One (1) City athletic field
shall be counted as one (1) to four (4) league fields, dependent on the size of the field
required for the age group. Fields allocated shall not exceed the following ratio:
One (1) City athletic field for every forty-eight (48) teams in U8 Division and under.
One (1) City athletic field for every twenty-four (24) teams in U9 and U10 Divisions.
One (1) City athletic field for every twelve (12) teams in U11 Division and over.
The fields assigned to AYSO shall be at City’s sole discretion, and and mayshall not
interfere with Moorpark Girls Softball’s use of the ball fields at AVCP during the spring
season (February 1 through June 30). At City’s sole discretion, other fields, including ball
field outfields, open grass areas, or athletic fields at other City parks, may be temporarily
assigned to AYSO if all, or a portion of, allocated athletic fields at AVCP are not available
due to closure for maintenance or use by City for its own programs.
D. Storage room adjacent to the Snack Bar located by the football field south of parking lot D.
Storage room is approximately 460 square feet of storage space located on the north side
of the storage building, bounded by a chain link fence on the south side of the storage
area. Storage room or area may be moved or modified with thirty (30) days written notice
from City.
E. Outside storage area adjacent to Parking Lot D for storage of four (4) portable light towers.
Storage room or area may be moved or modified with thirty (30) days written notice from
City.
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F. Both Snack Bar facilities (for fall season and tournaments only)The Snack Bar facility
located south of parking lot D.
Actual fields allocated may be less than described above, and shall be governed by the “Moorpark
Parks and Recreation Master Plan” standard field allocations for games. Said allocations for
soccer shall be one (1) field per twelve (12) teams. One (1) City athletic field shall be counted as
one (1) to four (4) league fields, dependent on the size of the field required for the age group. At
City’s sole discretion, other fields may be temporarily assigned to AYSO if all, or a portion of, fields
listed above are not available due to closure for maintenance or use by City for its own programs.
For use of City facilities beyond or other than described above, AYSO agrees to obtain a park
Rrental Ppermit and pay rental fees as described in the current Park Rental Rules and Park
Rental Fees Resolutions.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 20152018, and
ending on June 30, 20182021, provided, however, that City's obligations hereunder shall be
contingent upon AYSO's payment in full of all use and related fees and fulfillment of all obligations
as set forth in this Agreement.
This Agreement may be terminated by either party with or without cause by providing written
notice no less than thirty (30) days in advance of such termination.
3. Use Fees
AYSO agrees to pay the City Use Fees for the Premises as follows:
A. Hourly Use use Fees fees for Sports Ffields for facilitiesas described in Sections 1 A, B,
and C of this Agreement:
Year 1 (use between July 1, 2015, and June 30, 2016):
$7.008.75/hour for athletic fields
$5.006.00/hour for softball/baseball fields or open grass areas
Year 2 (use between July 1, 2016, and June 30, 2017):
$8.00/hour for athletic fields
$5.50/hour for softball/baseball fields
Year 3 (use between July 1, 2017, and June 30, 2018):
$8.00/hour for athletic fields
$5.50/hour for softball/baseball fields
B. Snack Bar Feesfees: One thousand dollars ($1,000.00) annually per Snack Bar for use of
the Snack Bars.
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B. Non-resident Fee: Single Family Equivalent park assessment per family, for children
registered in the league who reside outside of Moorpark city limits. The fee shall be paid
once per fiscal year per family. In the event a child, or his/her sibling(s), participate in two
or more youth sports organizations with approved facility use agreements, the non-resident
fee shall be equally divided among said youth sports organizations.
AYSO shall submit a registration roster, including names of non-resident participants, and
street addresses and zip codes of all participants (both resident and non-resident),
registered in the program within five (5) business days of the close of registration for each
within thirty (30) days of the start of each season use period for the purpose of verifying,
assessing, and tracking non-resident fees and ensuring compliance with minimum
participant and residency requirements. Rosters shall be returned to AYSO after review
and recording of non-resident participants. Rosters shall be submitted via email to the
Recreation Division manager in Excel workbook format. Non-resident fees shall be payable
within thirty (30) days of notification by City of amount due.
City shall reconcile calculate non-resident fees paid due thirty (30) calendar days prior to
the end of each fiscal yearno later than May 30 of each year. AYSO shall be notified in
writing of non-resident fees due no later than June 1. Non-resident fees must be paid in full
no later than June 25. In the event AYSO paid to City more than one non-resident fee per
family for the fiscal year, City shall refund to AYSO any overpayment of the non-resident
fee. In the event two (2) or more organizations paid non-resident fees to City for the same
family, the overpayment of fees shall be divided equally among those organizations and
refunded.
C. Staff Fees: Staff fees as described in the current City Council Park Rental FeesStaff Billing
Rates Resolution, as may be amended from time to time, for the following:
1. mMonitoring of and maintenance during tournaments. Staff fees shall be paid for the
duration of the tournament.
2. Monitoring of and maintenance during game days when six (6) or more fields (athletic
and/or ball fields) are rented concurrently. At City’s sole discretion, this fee may be waived
when AYSO provides its own personnel to adequately provide custodial services for the
Premises. In the event this fee is waived and AYSO personnel do not adequately clean and
maintain Premises, AYSO agrees to pay staff fees for City staff time spent cleaning and
maintaining the Premises, rounded up to the hour.
Fees shall be charged and payable as defined in the Park Rental Fees Resolution for all other
uses, including use of field lights.
Fees for use under the Agreementof the Premises must be paid in accordance with the following
schedule. Failure to pay fees when due will result in the denial or cancelation of the Rental
pPermit for use under the Agreement:
A. $100 due at time of applicationsubmission of Reservation Request.
B. 50% payment due within five (5) business days of issuance of the approved Rental pPermit
for seasonal use, full payment due within five (5) business days of issuance of the
approved Rental pPermit for tournaments or other use.
C. Balance of payment due within ten (10) business days of start of season for seasonal use.
The City may adjust the Use Fees, referenced in this section on or before the beginning of the
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new fiscal year, commencing on July 1 and ending June 30, by giving AYSO written notice by April
1.
Fees other than those specifically described above shall be charged and payable as defined in the
Park Rental Fees Resolution. This includes, but is not limited to, permit application fees, vendor
fees, security deposits, cancellation fees, refund processing fees, and fees for use of City facilities
other than Premises.
4. Refunds or Credits for Use Fees
Use Fees paid may be refunded or credited under the following conditions:
A. The Premises are unusable due to inclement weather (temperatures below 45°F or above
95°F, active precipitation, winds in excess of thirty (30) miles-per-hour, or heavy fog), or
conditions exist (as determined by the City Manager or the City Manager’s designee) which
make the Premises unusable, such as water saturated fields. AYSO may also reschedule
the canceled date, within the time frames and maximum use allowed by this Agreement.
B. A request for cancellation for a date or dates reserved and paid for under the Agreement is
received thirty (30) calendar days or more in advance of the scheduled date or dates.
For requests for cancellations received between twenty-nine (29) and five (5) calendar days prior
to the scheduled date, AYSO may reschedule the canceled date, within the time frames and
maximum use allowed by this Agreement.
No refunds or credits will be issued for requests for cancellations received less than five (5)
calendar days in advance, and the canceled date or dates may not be rescheduled.
5. Use
The Premises shall be used for AYSO’s authorized games, practices, and training sessions. The
Premises shall be used as specified in this Agreement only, and shall not be used for any other
purpose without the prior written consent of the City Manager or the City Manager’s designee.
Use under this Agreement is limited to a maximum of forty-two (42) total weeks per calendar year,
plus three (3) annual tournaments. Each tournament may not exceed two (2) weekends or four (4)
total days. Weekends for each tournament must be consecutive, unless facilities are not available
due to City use, holidays, maintenance, or other rental use. Tournament use is subject to
availability of fields, and may not interfere with Moorpark Girls Softball or Moorpark Musketeers
Youth Football use of Premises as identified in their respective Agreements.
For use of City facilities beyond the time frames described above, AYSO agrees to obtain a park
rental permit and pay rental fees as descried in the current Park Rental Fees Resolution.
A schedule of times and days requested for reservation for games and practicesuse of Premises
(Reservation Request) shall be furnished to the Parks and Recreation Director (PR Director) or the
PR Director’s designee for the City’s approval as follows:
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A. Fall season: On or before July 15. Fields not requested for reservation by AYSO for the fall
season by this date will be available to the public and AYSO will not have priority use of
them.
B. Spring season: On or before February 15. Fields not requested for reservation by AYSO for
the spring season by this date will be available to the public and AYSO will not have priority
use of them.
C. Tournaments: At least sixty (60) calendar days prior to the first day of tournament play.
D. All other use: aAt least thirty (30) calendar days prior to the start of the season or
tournamentuse period.
The schedule Reservation Request must be provided on the “Park Facility Reservation Application
Youth Sports Organizations” form for seasonal use, and on the “Tournament Reservation
Application” form for tournaments. A separate Reservation Request must be submitted for each
use period (including fall season, spring season, all-stars, tournaments, training clinics, camps,
and other use periods.)
Schedules Reservation Requests not submitted less than thirty (30) calendar days in advanceby
the above stated deadlines, or without the completed forms as referenced above, will not qualify
for use under the Agreement. Reservation Rrequests submitted less than thirty (30) days in
advanceafter the above stated deadlines will forfeit priority use over other renters, will not be
eligible for the reduced hourly field Use Fees as described in 3.A. of this Agreement, and will be
processed and fees charged in accordance with the Park Rental Rules and Park Rental Fees
Resolutions.
The City shall provide AYSO with an approved Rental Permit based on each Reservation Request
detailing the dates and times AYSO is authorized to use Premises. Changes to the
scheduleRequested changes to the approved Rental Permit must be submitted to City in writing.
All requested changes must be approved by City.
The approved Rental Permit may contain additional conditions or special requirements. These
may include but are not limited to the requirement of portable toilets and trash and recycle
dumpsters for tournaments, permission for overnight security for tournaments, and vendor
requirements. AYSO shall abide by all conditions and requirements on the approved Rental
Permit.
At all times, City retains the right to use Premises for City sponsored and co-sponsored events
upon no less than thirty (30) calendar days written notice to AYSO.
The general public shall have access to and use of Premises at times not included in the
approved Rental Permit. AYSO shall not have use of Premises outside of the approved Rental
Permit.
6. General Conditions
A. In order to retain rights under this Agreement, AYSO shall maintain status as a 501 (c) (3)
nonprofit corporation with a region located within the City of Moorpark. AYSO agrees to
provide City with proof of nonprofit status and a certified accounting of its financial status
each year.
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The annual financial accounting shall include: 1) a budget summary of actual revenue and
expenditures from AYSO’s prior fiscal year; 2) a budget summary of estimated revenue
and expenditures for AYSO’s current fiscal year; and 3) a bank statement or account
summary to verify information provided in budgets. The financial accounting and proof on
nonprofit status shall be submitted with the “Youth Sports Organization Information Sheet”
on or before January 15 of each year.
B. In order to retain rights under this Agreement, AYSO must register and maintain a
minimum of seventy-five (75) players. Additionally, a minimum of eighty seventy-five
percent (8075%) of participants must reside within Moorpark city limits. AYSO shall provide
City with a registration rosters as described in 3 C of this Agreement., including street
addresses and zip codes, of participants registered in the program for the purpose of
verifying minimum player and residency requirements. Rosters shall be returned to AYSO
after review by City. In lieu of a printed roster, AYSO may provide City staff with access to
their registration data base. Rosters and/or data base access shall be provided to City
within five (5) business days of the close of registration for each season, and with the
submission of the “Youth Sports Organization Information Sheet.”
C. AYSO shall submit annually to the City a completed “Youth Sports Organization
Information Sheet,” the form of which shall be as provided by the City. The information
sheet for each calendar year shall be submitted no later than January 15.
D. AYSO shall submit to City a Certificate of Authorized Signatories, with names and
signatures of those authorized to sign documents on behalf of AYSO. A new form shall be
submitted any time the list of authorized signatories changes.
E. AYSO agrees to obtain a rRental pPermit and pay rental fees as required by section
12.16.160 of the Moorpark Municipal Code (MMC) for all use of City facilities not included
in the “Premises” and “Use” sections of this Agreement. AYSO further agrees to notify all
coaches and participants of the City’s rules and regulations governing City park rentals,
and shall prohibit any coach or participant from interfering with a permitted park rental.
7. Wet Field Policy
AYSO agrees to abide by the terms of the Wet Field Policy, as described in the Rules and
Regulations Governing City Park Rentals Resolution, as may be amended from time to time, to
preserve the quality and life of the fields and promote a safe playing environment. The Wet Field
Policy applies to conditions due to precipitation, over-watering, and/or irrigation system problems,
or other circumstances that may result in wet fields. When fields are sufficiently wet such that their
use may lead to turf damage or bodily injury, they will be closed to all use at the City Manager’s or
the City Manager’s designee’s sole discretion.
Fields are closed under the following conditions:
A. Rain (with the exception of light drizzle if the ground is relatively hard and dry prior to the
start of the drizzle.)
B. Standing water/ponding or mud is present.
C. Water gathers around the sole of a shoe.
D. Footprints leave an impression in the turf.
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D.E. Other conditions deemed unsuitable for recreational activities as determined by the
City Manager or the City Manager’s designee.
8. Snack Bars and Storage Rooms
A. The sale and consumption of food and beverages shall be at the discretion of AYSO with
the exception that no alcoholic beverages shall be sold or consumed on Premises.
B. AYSO shall be provided with no more than eight (8) keys to the Snack Bars and storage
rooms prior to the start of the season and shall be responsible for securing said keys. Said
keys shall not be duplicated. Upon vacating the Snack Bars or storage rooms, AYSO shall
return the keys to City. AYSO shall return the keys to City within fifteen (15) days of
vacating use at the end of the season or when Agreement is terminated. In the event any
key(s) assigned to AYSO are lost or stolen, AYSO agrees to reimburse City for all costs,
including a fifteen percent (15%) administrative fee, associated with re-keying facilities and
issuing replacement keys.
C. AYSO shall obtain all required health and other permits for the operation of the Snack Bars
and preparation and sale of food and beverages. AYSO shall notify City in writing of any
notice of correction or closure received from the Ventura County Environmental Health
division Division within forty-eight (48) hours of receiving such notice and when corrections
are made.
D. AYSO agrees to clean Snack Bars including counters, sinks, floors, and walls after each
use, and to remove and dispose of all trash and recycling in and around Snack Bars to
trash and recycle bins provided by City. The Snack Bar shall be cleaned and sanitized
thoroughly at the end of each day that the facility is used, to the satisfaction of the City.
Any required repair to equipment, appliances, fixtures, or any damage to the facility or any
graffiti observed shall be immediately reported to the City. AYSO shall supply all cleaners
and supplies. All cleaning products used must be approved by City. Daily cleaning
includes the interior and exterior of the Snack Bar facility, including, but not limited to the
following:
1. Pick up and disposal of litter in and around facility within a 100’ radius.
2. Empty trash receptacles within a 100’ radius and replace liner(s) with 1.5 mill or
better, provided by AYSO, or better.
3. Sweep and wet mop the entire floor surface using an approved detergent
disinfectant. Dry the floor with a dry mop.
4. Clean walls and ceiling with an approved disinfectant detergent, including tile and
grout.
5. Clean sinks and counter tops with an approved disinfectant detergent.
6. Clean and sanitize the interior and exterior of all surfaces and appliances, including
stoves, microwaves, coffee makers, and refrigerators.
7. Clean the interior and exterior of all partition windows.
E. AYSO shall not begin storage of its property in the Snack Bars until the first day of each
season. AYSO agrees to remove its property from the Snack Bars within one (1) week after
the last game of each season. City accepts no liability for AYSO property stored on
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Premises.
F. AYSO shall use the storage room to store maintenance and game equipment and food and
drink supplies only. AYSO may store maintenance and game equipment in the storage
room year round. No more than five (5) gallons of gasoline or propane may be stored in the
storage room. AYSO shall clean the storage room on a regular basis, and keep it free of
dirt, dust, and debris. AYSO shall be required to vacate the storage room adjacent to the
Snack Bar upon thirty (30) days written notice from the City if it is needed for City
purposes.
G. AYSO shall use the outside storage area to store up to four (4) light towers. Light towers
may not be fueled on Premises, and fuel may not be stored on Premises, except as
described in Section 8 F. Use of light towers shall be included on the approved Rental
Permit for each date of use. Light towers shall be stored in the storage area each night.
H. AYSO agrees to immediately (within 24 hours) report to City any damage or vandalism to
the Snack Bars or storage rooms.
9. Signs
AYSO agrees not to permit the construction or placement of any sign, signboard, or other form of
outdoor advertising on the Premises without the prior written consent of the City Manager or the
City Manager’s designee. In the event of a violation of this provision by AYSO or any one claiming
under AYSO, AYSO hereby authorizes City as AYSO's Agent, to remove and dispose of any such
sign, signboard, or other advertising, and to charge the cost and expense of any such removal
and disposal to AYSO who agrees to pay the same upon demand.
This provision does not prohibit the use of identification banners for individual teams and
sponsors, which may be displayed during games and shall be removed following the end of each
game.
AYSO further agrees to abide by the City’s Sign Ordinance regarding the placement of signs at
any location other than Premises.
10. Vendors
Vendors are not permitted without the prior written authorization of the City Manager or the City
Manager’s designee. Vendors are subject to the following conditions:
A. Vendors must complete the City’s vendor application form.
B. Vendors must be self-contained.
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the Americans with Disabilities Act (ADA). Vendors
must have a current Moorpark business registration permit as required by MMC 5.08
(Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by the
City.
AYSO must pay to the City a fee of twenty-five dollars ($25.00) per vendor per dayvendor fees as
described in the current Park Rental Fees resolution.
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11. Indemnification and Hold Harmless
AYSO hereby agrees to hold harmless and indemnify City, its officials, agents, and employees,
and its successors and assigns, from and against all claims, loss, damage, actions, causes of
actions, expense (including costs of fees and expenses for legal services), and/or liability arising
or growing out of loss or damage or destruction to property, including City's own personal
property, or injury to or death of persons, including employees of City, resulting in any manner
whatsoever directly or indirectly, by reason of this Agreement or the use of City facilities by AYSO
or any person claiming use under or through AYSO unless such loss, damage, injury, or death is
due to the sole negligence of the City. AYSO shall also hold the City harmless from all costs and
expenses, including costs of investigation arising out of or incurred in the defense of any claim,
proceeding, or action brought for injury to persons or damage to property, resulting from or
associated with the use of City facilities under this Agreement and shall further save and hold
harmless the City from any and all orders, judgments, and decrees which may be entered in any
and all such suit or actions. AYSO and all others using said facilities under this Agreement hereby
waive any and all claims against the City of damage to persons or property in, or about City
facilities.
The City does not, and shall not, waive any rights that it may have against AYSO by reason of this
Section, because of the acceptance by the City, or the deposit with the City, of any insurance
policy or certificate required pursuant to this Agreement. Said hold harmless and indemnification
provision shall apply regardless of whether or not said insurance policies are determined to be
applicable to the claim, demand, damage, liability, loss, cost or expense described in this Section.
The provisions of this Section shall survive the expiration or termination of this Agreement. The
provisions of this Section shall apply to all use of City facilities by AYSO pursuant to this
Agreement. Failure of City to monitor compliance with requirement set forth in this Agreement
imposes no additional obligations on City and will in no way act as a waiver of any rights
hereunder.
12. Liability Insurance
AYSO shall maintain prior to the beginning of and for the duration of this Agreement insurance
coverage as specified in Attachment “B” attached hereto and incorporated herein by this reference
as though set forth in full. Coverage shall apply to all use of City facilities by AYSO pursuant to
this Agreement.
13. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be done at
City’s sole discretion and shall be performed by City force account or by City’s authorized agent
unless approved by the City Manager or the City Manager’s designee in writing. All maintenance
authorized to be performed by AYSO shall adhere to City specifications and standards.
City agrees to allow AYSO to access the field portion of Premises with no more than two (2)
vehicles for the specific purpose of setting up and taking down soccer equipment only. AYSO
agrees not to use vehicles on the field whenever the ground is wet, for whatever reason, without
obtaining the City Manager’s or the City Manager’s designee’s written approval. AYSO also
agrees that vehicles it uses for this purpose shall not exceed a gross vehicle weight (GVW) of
5,400 pounds. AYSO further agrees that only licensed drivers age sixteen (16) or older may drive
43
said vehicles. AYSO agrees to immediately report to City any damage to Premises caused by use
of vehicles on Premises. AYSO further agrees to repair any such damage at AYSO’s sole cost
and expense to the satisfaction of the City.
A. During use under this Agreement, AYSO shall be responsible to perform the following
maintenance on Premises at AYSO’s sole cost and expense:
1. Mark soccer field lines using only an approved water-based acrylic paint,
manufactured specifically for marking lines on sports turf and athletic fields. Athletic
field paint may not contain calcium carbonate, vinyl copolymers, herbicides
(including growth inhibitors), or pesticides.
2. Maintain, install, and secureinstall, secure, and properly anchor soccer goals in a
manner and location as approved in writing by the City Manager or the City
Manager’s designee. Nets and goals shall be free from defects, and in good
working condition. Nets and goals shall be maintained, repaired, and/or replaced as
needed at AYSO’s sole cost and expense. Nets or goals in need of repair shall be
removed from play, locked, and secured until repaired. Prior to use, goals shall be
properly secured anchored to the ground with mounting hardware supplied or
approved by the goal manufacturer. AYSO shall attempt to vary the placement of
the goals periodically to maintain the integrity of the turf and shall consult with City
to identify mutually agreeable locations prior to installation (field layout approval).
Goals shall be secured and stored at a location on Premises mutually agreed upon
in writing by AYSO and City when not in active use for games or practices. Goals
and nets may be placed the night before for morning games or practices beginning
earlier than 11:00 a.m. Goals may be placed no earlier than two hours prior to the
start of a game or practice for games or practices starting at 11:00 a.m. or later.
Goals must be stored no later than two hours after the conclusion of a game or
practice.
3. Pick up trash and recycle materials on and within 100’ around Premises and provide
for additional trash containers as needed. Trash and recycling containers shall be
emptied when they are no more than seventy-five percent (75%) full, with trash and
recycle materials placed in the appropriate trash or recycle container bin.
Additionally, recycle material shall be removed from the liner and placed in the
appropriate recycling bin. All recycle and trash receptacles shall be installed with
trash liners. Liners shall be supplied by AYSO. Trash liners shall be black in color
and 1.5 mill or better, and recycle liners shall be clear, unless otherwise approved
by the City. This requirement shall be waived during times that AYSO has paid for
and the City has scheduled staff to perform custodial duties specifically for AYSO’s
use of Premises.
4. Remove graffiti from goals within seventy-two (72) hours of notification to do so. All
cleaning products used must be approved by City. If AYSO fails to remove graffiti as
described in this section, AYSO authorizes City to remove graffiti and to charge the
cost and expense of such removal to AYSO, who agrees to pay the same upon
demand.
5. AYSO shall remove their goals after the regular season for storage at a location on
Premises mutually agreed upon in writing by AYSO and City.
B. City shall be responsible to perform the following:
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1. Irrigate, mow, fertilize, and aerate at City’s expense turf areas within Premises.
2. Perform routine maintenance for normal wear and tear, and arrange for and
schedule pest control services for, in, and around the Snack Bars.
C. City shall not be obligated to repair, replace or maintain the Premises in any manner
throughout the term of this Agreement. City shall not be obligated to perform any
precautionary or preventative measures with respect to the Premises, including, but not
limited to drainage and flood control measures. Should City perform any of the foregoing,
such services shall be at the sole discretion of City, and the performance of such services
shall not be construed as an obligation or warranty by City of the future or ongoing
performance of such services. City shall determine maintenance specifications.
C.D. City agrees to allow AYSO to access the field portion of Premises with no more than
four (4) vehicles for the specific purpose of setting up and taking down equipment only.
Vehicles shall not exceed a gross vehicle weight (GVW) of 5,400 pounds and may only
include golf carts, utility vehicles (“Gators”), or all-terrain vehicles (ATVs). Vehicles must be
equipped with turf tires. AYSO agrees not to use vehicles on the field whenever the ground
is wet, for whatever reason, without obtaining the City Manager’s or the City Manager’s
designee’s written approval. AYSO further agrees that only licensed drivers age eighteen
(18) or older may drive said vehicles. AYSO agrees to immediately report to City any
damage to Premises caused by use of vehicles on Premises. AYSO further agrees to
repair any damage caused by AYSO’s use of vehicles at AYSO’s sole cost and expense to
the satisfaction of the City. Except as described above, use of any other vehicle on any
area other than roadways and parking lots requires the advance written approval of City.
14. Improvements
AYSO shall not make any alterations, additions, or improvements upon the Premises without the
prior written consent of the City Manager or the City Manager’s designee. Requests to make
alterations, additions, or improvements must be submitted to the City in writing no less than fifteen
(15) business days prior to the desired start date for work.
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
maintained at AYSO’s sole cost and expense in strict accord with all federal, state, county, and
local laws, ordinances, codes, and standards relating thereto, including ADA requirements.
Performance of work shall be subject to City monitoring and inspection. At City’s sole discretion,
work may be stopped if it does not conform to City specifications and standards.
Unless otherwise expressly agreed to in writing by the City Manager or the City Manager’s
designee, any alterations, additions and improvements shall remain on and be surrendered with
the Premises upon the expiration or termination of this Agreement. AYSO shall timely pay all
costs associated with any and all improvements, and shall keep the Premises free and clear of all
mechanics liens. AYSO agrees to and shall indemnify, defend, and save City free and harmless
against all liability, loss, damage, costs, attorney fees and other expenses of any nature resulting
from any AYSO alterations, additions, or improvements to the Premises.
If AYSO discontinues use of Premises for a period of eighteen (18) consecutive months, all
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improvements to Premises not already owned by City shall become the property of the City unless
otherwise authorized by the City Manager or the City Manager’s designee in writing.
15. Amplified Sound
AYSO agrees not to use amplified sound without the prior written authorization of the City
Manager or the City Manager’s designee. AYSO agrees to abide by the provisions regulating
amplified sound as set forth in sections 12.16 (Parks and Open Space), and 17.53 (Noise), of the
MMC.
16. Flammable Material, Waste, and Nuisances
AYSO agrees that it will not place or store any flammable materials on the Premises except as
described in Section 8 F, that it will not commit any waste or damage, nor suffer any to be done.
AYSO also specifically agrees that it will not allow others to take such actions on the Premises.
AYSO further agrees that it will keep the Premises clean, free from weeds, rubbish, and debris
and in a condition satisfactory to City.
AYSO shall also provide adequate controls for dust, odors, and noise which may emanate from
the Premises or from AYSO's activities on adjacent property and take appropriate steps necessary
to prevent dust contamination of City's facilities located on, near or adjacent to the Premises.
AYSO agrees to take preventative action to eliminate such dust, odor, noise, or any other
nuisance which may disturb the adjacent or nearby community and agrees to be responsible for
and to assume all liability for such dust, odor, noise, or other nuisance disturbances. AYSO also
agrees that it shall not use amplified sound or field lighting on Premises for any reason, without
the prior written consent of City Manager or the City Manager’s designee.
17. Pesticides and Herbicides
AYSO agrees that prior to any application of either pesticides or herbicides, it shall receive written
consent from the City Manager or the City Manager’s designee, and further any pesticide or
herbicide applications on the Premises shall be made in accordance with all federal, state, county,
and local laws. AYSO further agrees to dispose of any pesticides, herbicides, or any other toxic
substances which are declared to be either a health or environmental hazard in such a manner as
prescribed by law. This shall include, but shall not be limited to, contaminated containers,
clothing, equipment, or any other contaminated material.
18. Hazardous Materials Indemnity
AYSO hereby agrees to indemnify and hold harmless City, and its respective officers, employees,
and agents, from and against any and all claims, actions, losses, liabilities, costs and expenses:
(a) including, without limitation, all foreseeable and all unforeseeable consequential damages,
directly or indirectly arising out of the use, generation, storage, or disposal of Hazardous Material
on the Premises by AYSO; and (b) including, without limitation, the cost of any required or
necessary repair, cleanup, or detoxification and the preparation of any closure or other required
plans, to the full extent that such action is attributable, directly or indirectly, to the presence, or
use, generation, storage, release, threatened release, or disposal of Hazardous Materials on the
Premises by AYSO. As used in this Section, Hazardous Materials means any flammable
explosives, radioactive materials, asbestos, PCBs, hazardous water, toxic substances of related
materials, including, without limitation, substances, defined as "hazardous substances",
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"hazardous materials", or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the
Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic Substances
Control Act, 15 USC, Section 2601, et seq.; any other federal, state, or local law applicable to the
Premises; and in the rules and regulations adopted or promulgated under or pursuant to any of
said laws. The provisions of this Section shall survive the expiration or earlier termination of this
Agreement.
19. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof, and
for the purpose of providing maintenance and making such repairs as City desires to make.
20. Governing Law
AYSO agrees that in the exercise of its rights under this Agreement, AYSO shall comply with all
applicable federal, state, county, and local laws and regulations in connection with its use of the
Premises, including but not limited to the ADA. The existence, validity, construction, operation,
and effect of this Agreement and all of its terms and provisions shall be determined in accordance
with the laws of the state of California.
21. Discrimination
AYSO agrees not to discriminate against any person or class of persons by reason of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status of such person; or any other basis protected
by applicable federal, state, or local lawrace, ancestry, physical disability, medical condition,
marital status, gender, color, religious creed, or national origin in the use of the Premises.
22. Assignment and Subletting
AYSO shall not assign this Agreement, or any interest therein, and shall not assign use of the
Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other
person (the agents and servants of AYSO excepted) to occupy or use the Premises, or any
portion thereof, without the prior written consent of the City Manager or the City Manager’s
designee. A consent to one assignment, subletting, occupation, or use by another person shall not
be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by
another person. This Agreement shall not, nor shall any interest therein, be assignable, as to the
interest of AYSO, by operation of law, without the written consent of the City Manager or the City
Manager’s designee. Any assignment or subletting without such consent shall be void, and shall,
at the option of the City, terminate this Agreement. No legal title or interest in Premises is created
or vested in AYSO by this Agreement.
23. Insolvency or Bankruptcy
If AYSO shall be adjudged bankrupt or insolvent, this Agreement shall thereupon immediately
terminate and the same shall not be assignable by any process of law, or be treated as an asset
of the AYSO under such adjudication, nor shall it pass under the control of any trustee or
assignee by virtue of any process in bankruptcy or insolvency, or by execution or assignment for
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the benefit of creditors. If any such event occurs, this Agreement shall immediately become null
and void and of no effect, and City may thereupon repossess said Premises and all rights of the
AYSO thereupon shall cease and terminate.
24. Default or Breach
Except as otherwise provided, at any time one party to this Agreement is in default or breach in
the performance of any of the terms and conditions of this Agreement, the other party shall give
written notice to remedy such default or breach. If default or breach is remedied within thirty (30)
days following such notice, then this Agreement shall continue in full force and effect. If such
default or breach is not remedied within thirty (30) days following such notice or if the nature of the
default is such that it cannot reasonably be cured within thirty (30) days, if AYSO fails to
commence to cure within the thirty (30) day period, the other party may, at its option, terminate
this Agreement. Such termination shall not be considered a waiver of damages or other remedies
available to either party because of such default or breach. Each term and condition of this
Agreement shall be deemed to be both a covenant and a condition.
25. Interpretation
Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that
this Agreement was prepared by the parties jointly and equally, and shall not be interpreted
against either party on the ground that the party prepared the Agreement or caused it to be
prepared.
26. Waiver
A waiver by either party or any default or breach by the other party in the performance of any of
the covenants, terms or conditions of this Agreement shall not constitute or be deemed a waiver
of any subsequent or other default or breach.
27. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs, successors,
executors, administrators, and assigns of all the parties hereto; and all of the parties hereto shall
be jointly and severally liable hereunder.
28. Condemnation
If the whole of the Premises should be taken by a public authority under the power of eminent
domain, then the term of this Agreement shall cease on the day of possession by the public
authority. If a part only of the Premises should be taken under eminent domain, AYSO shall have
the right to either terminate this Agreement or to continue in possession of the remainder of the
Premises. If AYSO remains in possession, all of the terms hereof shall continue in effect, with the
fees payable being reduced proportionately for the balance of the Agreement term.
29. Remedies
In case of the failure or refusal of AYSO to comply with and perform each and all of the terms and
covenants on its part herein contained, this Agreement and all rights hereby given shall, at the
option of City, cease and terminate, and City shall have the right forthwith to remove AYSO's
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personal property from the Premises at the sole cost, expense and risk of AYSO, which cost and
expense AYSO agrees to pay to City upon demand, together with interest thereon at the
maximum rate allowed by law, and use fees due to date from the date of expenditure by City.
30. Attorney Fees
In case City shall bring suit to compel performance of or to recover for breach of any covenant,
agreement, or condition herein contained and such suit results in a judgment for City, AYSO will
pay to City attorney fees in addition to the amount of judgment.
31. Notices and Payments
All notices required under this Agreement including change of address shall be in writing, and all
notices and payments shall be made as follows:
All payments and notices to AYSO shall be given or mailed to AYSO at the address listed below
and addressed to the current AYSO Regional Commissioner. It is the responsibility of AYSO to
notify City when there has been a change with regard to the individual serving as Regional
Commissioner and to provide the City with name, address, and 24-hour contact phone number of
the new Commissioner.
AYSO Region 363
Bill GratkeJoe Bellomo
4618 Big Country CourtP.O. Box 241
Moorpark, CA 93021
All payments and notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
32. Partial Invalidity
If any term, covenant, condition, or provision of this Agreement is found by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall
remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
33. Gender and Number
For the purpose of this Agreement wherever the masculine or neuter form is used, the same shall
include the masculine or feminine, and the singular number shall include the plural and the plural
number shall include the singular, wherever the context so requires.
34. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to be used
in interpreting or construing the terms, covenants, and conditions of this Agreement.
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35. Modification
This Agreement may be terminated, extended, or amended in writing by the mutual written
consent of the parties hereto. Such amendments may be executed by the City Manager on behalf
of the City.
36. Venue
This Agreement is made, entered into, executed in Ventura County, California, and any action
filed in any court for arbitration for the interpretation, enforcement or other action of the terms,
conditions or covenants referred to herein shall be filed in the applicable court in Ventura County,
California.
37. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous negotiations and understandings between the parties. There are no representations,
warranties, or commitments, oral or written, other than those expressly set forth herein.
38. Authority to Execute Agreement
The person executing this Agreement on behalf of AYSO warrants and represents that he/she has
the authority to execute this Agreement on AYSO’s behalf and has the authority to bind AYSO to
the terms of this Agreement.
IN WITNESS W HEREOF, the parties hereto have caused this Agreement to be executed the day
and year first written above.
CITY OF MOORPARK AMERICAN YOUTH SOCCER
ORGANIZATION REGION 363
_______________________________ _______________________________
Steven KuenyTroy Brown Bill GratkeJoe Bellomo
City Manager Regional Commissioner
Attest:
_________________________________
Maureen Benson
City Clerk
Attachments: A: Premises
B: Insurance Requirements
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Attachment A
Premises
Arroyo Vista Community Park
FALL SEASON:
Athletic fields 1, 2, 3, 4, 5, 6, 7, and 8
Outfield portion only of ballfields 1, 2, 3, 4
Football field and practice football field (Saturday and Sunday only)Up to 8 athletic fields for
practices Monday through Friday (excluding athletic field #4)
Up to 10 athletic fields for games on Saturday and Sunday
Snack Bar & Storage Room
SPRING SEASON:
Limited to four (4) fields of
Athletic fields 1, 2, 3, 4, 5, 6, 7, and 8
Football field and practice football field (Saturday and Sunday only)
TOURNAMENTS:
Athletic fields 1, 2, 3, 4, 5, 6, 7, and 8
Football field
Practice football fieldUp to ten (10) athletic fields
Outfield portion only of ballfields 1, 2, 3, 4 (if available)
Snack Bar & Storage Room
ALL OTHER USE:
Up to four (4) athletic fields
Snack Bar & Storage Room
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Attachment B
Insurance Requirements
AYSO shall secure, pay for, and maintain in full force and effect for the duration of this Agreement
a policy of comprehensive insurance as detailed below from a good and responsible company or
companies authorized to do insurance business in the State of California, with a Best Rating /
FPR of no less than A-. Policies shall bear an endorsement or shall have attached a rider whereby
it is provided that, in the event of amendment or cancellation of such policy for any reason
whatsoever, City shall be notified by registered mail, postage prepaid, return receipt requested,
not less than thirty (30) days before the amendment or cancellation is effective. AYSO shall
furnish a Certificate of Liability Insurance and Insurance Endorsement, subject to the City’s
acceptance, to the City within thirty (30) daysprior to of execution of this Agreement. AYSO agrees
to have its insurer endorse, to the satisfaction of the City, the third party general liability coverage
required herein to include as additional insureds the City of Moorpark and its officials, employees,
and agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement
attached thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to AYSO or
City.
B. Provide a minimum of $1,000,000.00 per occurrence with a minimum of $2,000,000
aggregate commercial general liability coverage, and shall be written on an occurrence basis.
C. AYSO’s policy shall be considered primary insurance with respect to any other valid and
collectible insurance the City may possess, including any self-insured retention the City may
have, and any other insurance the City does possess shall be considered excess and shall not
contribute to it.
2. AUTO INSURANCE
Business Auto Coverage, on ISO Business Auto Coverage form CA 00 01 including symbol 1
(Any Auto), or the exact equivalent. Limits are subject to review, but in no event to be less than
$1,000,000.00 per accident. If AYSO owns no vehicles, this requirement may be satisfied by a
non-owned auto endorsement to the general liability policy described above. If AYSO or AYSO’s
employees, participants, associates, or volunteers will use personal autos in any way during the
performance of this Agreement, AYSO shall provide evidence of personal auto liability for each
such person.
3. WORKERS’ COMPENSATION INSURANCE Workers’ Compensation Insurance, on a state-approved policy form providing statutory benefits
as required by law. AYSO shall furnish a Certificate of Insurance to the City within thirty (30) days
of execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrence
basis.
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK GIRLS SOFTBALL FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
20152018, between the CITY OF MOORPARK, a municipal corporation located in the
County of Ventura, State of California, hereinafter referred to as "City" and MOORPARK
GIRLS SOFTBALL, a nonprofit organization, hereinafter referred to as "MGS".
W I T N E S S E T H:
WHEREAS, youth sports programs are a valuable asset to the Moorpark
community; and
WHEREAS, MGS provides softball programs for the youth of the Moorpark
community; and
WHEREAS, MGS desires to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation of facility
use agreements for Moorpark nonprofit youth sports organizations in order to provide
special conditions, priority use, and reduced use fees to the youth sports organizations.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises contained herein, the parties hereto agree as follows:
1. Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to MGS, and MGS hereby accepts from City,
the use of certain real property and associated facilities and equipment at Arroyo Vista
Community Park, hereinafter “AVCP”, and Mountain Meadows Park, hereinafter “MMP,”
including the following, as described below and in Attachment "A" attached hereto and by
this reference incorporated herein, together with any and all improvements thereon, all of
which are hereinafter referred to as the "Premises" for the following use periods:
A. During the spring season and for up to three (3) tournaments, Ssoftball fields 1, 2,
3, and 4 at AVCP and softball fields 1 and 2 at MMP. The spring season shall start
no earlier than February 1 and end no later than June 30. Each tournament may not
exceed two (2) weekends or four (4) total days. Weekends for each tournament
must be consecutive, unless facilities are not available due to City use,
maintenance, holidays, or other rental use. Tournament use between August 1 and
December 30 may not interfere with use of fields by American Youth Soccer
Organization Region 363 (AYSO) or Moorpark Packers dba Moorpark Musketeers
Youth Football (MUSKETEERS) use of Premises as described in their respective
Agreements.
Actual fields allocated may be less than described above, and shall be governed by
the “Moorpark Parks and Recreation Master Plan” standard field allocations for
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games. Said allocations for softball will be one (1) field per eight (8) teams, as
specified below:
One (1) softball field for every eight (8) teams in U10 Division and under.
One (1) softball field for every eight (8) teams in U12 Division.
One (1) softball field for every eight (8) teams in U14 Division and over.
At City’s sole discretion, other fields may be temporarily assigned to MGS if all, or a
portion of, fields listed above are not available due to closure for maintenance or
use by City for its own programs.
B. During the fall season and other use periods including but not limited to training
clinics, camps, and advanced, specialized, or year-round team practices not
associated with a specific season, softball fields 1 and 2 at AVCP and softball fields
1 and 2 at MMP. Softball fields 3 and 4 and AVCP may be substituted for softball
fields 1 and 2 at MMP if such use does not interfere with AYSO’s use of Premises
as described in their Agreement. The fall season may begin no earlier than August 1
and may conclude no later than November 30.
Actual fields allocated may be less than described above, and shall be governed by
the “Moorpark Parks and Recreation Master Plan” standard field allocations for
games. Said allocations for softball will be one (1) field per eight (8) teams, as
specified below:
One (1) softball field for every eight (8) teams in U10 Division and under.
One (1) softball field for every eight (8) teams in U12 Division.
One (1) softball field for every eight (8) teams in U14 Division and over.
At City’s sole discretion, other fields may be temporarily assigned to MGS if all, or a
portion of, fields listed above are not available due to closure for maintenance or
use by City for its own programs.
C. The Snack Bar facility and storage room adjacent to the softball fields at AVCP
during the spring season only. Storage room is approximately 156 square feet of
storage space located on the east side of the storage building, bounded by a chain
link fence on the west side of the storage area. Storage room or area may be
moved or modified with thirty (30) days written notice from City.
C. Softball Fields 1 and 2 at MMP.
Actual fields allocated will be limited to one (1) field per eight (8) teams. At City’s sole
discretion, other fields may be temporarily assigned to MGS if all, or a portion of, fields
listed above are not available due to closure for maintenance or use by City for its own
programs.
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For use of City facilities beyond or other than described above, MGS agrees to obtain a
park rRental permit Permit and pay rental fees as described in the current Park Rental
Rules and Park Rental Fees Resolutions.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 20152018,
and ending on June 30, 20182021, provided however, that City's obligations hereunder
shall be contingent upon MGS's payment in full of all use and related fees and fulfillment of
all obligations as set forth in this Agreement.
This Agreement may be terminated by either party with or without cause by providing
written notice no less than thirty (30) days in advance of such termination.
3. Use Fees
MGS agrees to pay the City Use Fees for the Premises as follows:
A. Hourly Use use Ffees for Sports Ffields for facilities as described in Sections 1 A
and C B of this Agreement:
Year 1 (use between July 1, 2015, and June 30, 2016):
$7.008.75/hour for athletic fields
$5.006.00/hour for softball/baseball fields
Year 2 (use between July 1, 2016, and June 30, 2017):
$8.00/hour for athletic fields
$5.50/hour for softball/baseball fields
Year 3 (use between July 1, 2017, and June 30, 2018):
$8.00/hour for athletic fields
$5.50/hour for softball/baseball fields
B. Snack Bar Fees: One thousand dollars ($1,000.00) annually for use of the Snack
Bar.
C. Non-resident Fee: Single Family Equivalent park assessment per family, for children
registered in the league who reside outside of Moorpark City limits. The fee shall be
paid once per fiscal year per family. In the event a child, or his/her sibling(s),
participate in two or more youth sports organizations with approved facility use
agreements, the non-resident fee shall be equally divided among said youth sports
organizations.
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MGS shall submit a registration roster, including names of non-resident participants,
and street addresses and zip codes of all participants (both resident and non-
resident), registered in the program within five (5) business days of the close of
registration for each use periodthirty (30) days of the start of each season for the
purpose of assessing, verifying and tracking non-resident fees and ensuring
compliance with minimum participant and residency requirements. Rosters shall be
submitted via email to the Recreation Division manager in Excel workbook format.
Rosters shall be returned to MGS after review and recording of non-resident
participants. Non-resident fees shall be payable within thirty (30) days of notification
by City of amount due.
City shall reconcile calculate non-resident fees due no later than May 30 of each
year paid thirty (30) calendar days prior to the end of each fiscal year. MGS shall be
notified in writing of non-resident fees due no later than June 1. Non-resident fees
must be paid in full no later than June 25. In the event MGS paid to City more than
one non-resident fee per family for the fiscal year, City shall refund to MGS any
overpayment of the non-resident fee. In the event two (2) or more organizations
paid non-resident fees to City for the same family, the overpayment of fees shall be
divided equally among those organizations and refunded.
D. Staff Fees: Staff fees as described in the current City Council Staff Billing Rates
Resolution, as may be amended from time to time, for the following:
1. Monitoring of and maintenance during tournaments. Staff fees shall be paid for
the duration of the tournament.
2. Monitoring of and maintenance during game days when four (4) or more fields
(athletic and/or ball fields) are rented concurrently. At City’s sole discretion, this fee
may be waived when MGS provides its own personnel to adequately provide
custodial services for the Premises. In the event this fee is waived and MGS
personnel do not adequately clean and maintain Premises, MGS agrees to pay staff
fees for City staff time spent cleaning and maintaining the Premises, rounded up to
the hour.
Staff Fees: Staff fees as described in the current City Council Park Rental Fees
Resolution, as may be amended from time to time, for monitoring of and
maintenance during tournaments. Staff fees shall be paid for the duration of the
tournament.
C. Fees shall be charged and payable as defined in the Park Rental Fees Resolution
for all other uses, including use of field lights.
Fees for use under the Agreementof the Premises must be paid in accordance with the
following schedule. Failure to pay fees when due will result in the denial or cancelation of
the Rental pPermit for use under the Agreement:
A. $100 due at time of applicationsubmission of the Reservation Request.
B. 50% payment due within five (5) business days of issuance of approved Rental
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pPermit for seasonal use, full payment due within five (5) business days of issuance
of permit for tournaments or other use.
C. Balance of payment due within ten (10) business days of start of season for
seasonal use.
The City may adjust the Use Fees, referenced in this section on or before the beginning of
the new fiscal year, commencing on July 1 and ending June 30, by giving MGS written
notice by April 1.
Fees other than those specifically described above shall be charged and payable as
defined in the Park Rental Fees Resolution. This includes, but is not limited to, permit
application fees, vendor fees, security deposits, cancellation fees, refund processing fees,
and fees for use of City facilities other than Premises.
4. Refunds or Credits for Use Fees
Use Fees paid may be refunded or credited under the following conditions:
A. The Premises are unusable due to inclement weather (temperatures below 45°F or
above 95°F, active precipitation, winds in excess of thirty (30) miles-per-hour, or
heavy fog), or conditions exist (as determined by the City Manager or the City
Manager’s designee) which make the Premises unusable, such as water saturated
fields. MGS may also reschedule the canceled date, within the time frames and
maximum use allowed by this Agreement.
B. A request for cancellation for a date or dates reserved and paid for under the
Agreement is received thirty (30) calendar days or more in advance of the
scheduled date or dates.
For requests for cancellations received between twenty-nine (29) and five (5) calendar
days prior to the scheduled date, MGS may reschedule the canceled date, within the time
frames and maximum use allowed by this Agreement.
No refunds or credits will be issued for requests for cancellations received less than five (5)
calendar days in advance, and the canceled date or dates may not be rescheduled.
5. Use
The Premises shall be used for MGS’s authorized games, practices, and training sessions.
The Premises shall be used as specified in this Agreement only, and shall not be used for
any other purpose without the prior written consent of the City Manager or the City
Manager’s designee.
Use under this Agreement is limited to a maximum of forty-two (42) total weeks per
calendar year, plus three (3) annual tournaments. Each tournament may not exceed two
(2) weekends or four (4) total days. Weekends for each tournament must be consecutive,
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unless facilities are not available due to City use, maintenance, holidays, or other rental
use. Tournament use is subject to availability of fields and may not interfere with American
Youth Soccer Organization or Moorpark Musketeers Youth Football use of Premises as
identified in their respective Agreements.
For use of City facilities beyond the time frames described above, MGS agrees to obtain a
park rental permit and pay rental fees as descried in the current Park Rental Fees
Resolution.
A schedule of times and days requested for reservation for games and practicesuse of
Premises (Reservation Request) shall be furnished to the Parks and Recreation Director
(PR Director) or the PR Director’s designee for the City’s approval at least thirty (30)
calendar days prior to the start of the season or tournament.as follows:
A. Fall season: On or before July 15. Fields not requested for reservation by MGS for
the fall season by this date will be available to the public and MGS will not have
priority use of them.
B. Spring season: On or before January 15. Fields not requested for reservation by
MGS for the spring season by this date will be available to the public and MGS will
not have priority use of them.
C. Tournaments: At least sixty (60) calendar days prior to the first day of tournament
play.
D. All other use: At least thirty (30) calendar days prior to the start of the use period.
The schedule Reservation Request must be provided on the “Park Facility Reservation
Application Youth Sports Organizations” form for seasonal use, and on the “Tournament
Reservation Application” form for tournaments. A separate Reservation Request must be
submitted for each use period (including fall season, spring season, all-stars, tournaments,
training clinics, camps, and other use periods.)
Reservation Requests not submitted by the above stated deadlines, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation Requests submitted after the above stated deadlines will forfeit priority use
over other renters, will not be eligible for the reduced hourly field Use Fees as described in
3.A. of this Agreement, and will be processed and fees charged in accordance with the
Park Rental Rules and Park Rental Fees Resolutions.
Schedules submitted less than thirty (30) calendar days in advance, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation requests submitted less than thirty (30) days in advance will be processed and
fees charged in accordance with the Park Rental Rules and Park Rental Fees Resolutions.
The City shall provide MGS with an approved Rental Permit based on the Reservation
Request detailing the dates and times MGS is authorized to use Premises. Changes to the
schedule Requested changes to the approved Rental Permit must be submitted to City in
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writing. All requested changes must be approved by City.
The approved Rental Permit may contain additional conditions or special requirements.
These include but are not limited to the requirement of portable toilets and trash and
recycle dumpsters for tournaments, permission for overnight security for tournaments, and
vendor requirements. MGS shall abide by all conditions and requirements on the approved
Rental Permit.
At all times, City retains the right to use Premises for City sponsored and co-sponsored
events upon no less than thirty (30) days written notice to MGS.
The general public shall have access to and use of Premises at times not included in the
approved Rental Permit. MGS shall not have priority use of Premises outside of the
approved Rental Permit.
6. General Conditions
A. In order to retain rights under this agreement, MGS shall maintain status as a 501
(c) (3) nonprofit corporation chartered within the City of Moorpark. MGS agrees to
provide City with proof of nonprofit status and a certified accounting of its financial
status each year.
The annual financial accounting shall include: 1) a budget summary of actual
revenue and expenditures from MGS’s prior fiscal year; 2) a budget summary of
estimated revenue and expenditures for MGS’s current fiscal year; and 3) a bank
statement or account summary to verify information provided in budgets. The
financial accounting and proof on nonprofit status shall be submitted with the “Youth
Sports Organization Information Sheet” on or before January 15 of each year.
B. In order to retain rights under this Agreement, MGS must register and maintain a
minimum of seventy-five (75) players. Additionally, a minimum of eighty seventy-five
percent (8075%) of participants must reside within Moorpark City limits. MGS shall
provide City with a registration rosters as described in 3.C. of this Agreement.,
including street addresses and zip codes, of participants registered in the program
for the purpose of verifying minimum player and residency requirements. Rosters
shall be returned to MGS after review by City. In lieu of a printed roster, MGS may
provide City staff with access to their registration data base. Rosters and/or data
base access shall be provided to City within five (5) business days of the close of
registration for each season, and with the submission of the “Youth Sports
Organization Information Sheet.”
C. MGS shall submit annually to the City a completed “Youth Sports Organization
Information Sheet,” the form of which shall be as provided by the City. The
information sheet for each calendar year shall be submitted no later than January
15.
D. MGS shall submit to City a Certificate of Authorized Signatories, with names and
signatures of those authorized to sign documents on behalf of MGS. A new form
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shall be submitted any time the list of authorized signatories changes.
E. MGS agrees to obtain a rRental Ppermit and pay rental fees as required by section
12.16.160 of the Moorpark Municipal Code (MMC) for all use of City facilities not
included in the “Premises” and “Use” sections of this Agreement. MGS further
agrees to notify all coaches and participants of the City’s rules and regulations
governing City park rentals, and shall prohibit any coach or participant from
interfering with a permitted park rental.
7. Wet Field Policy
MGS agrees to abide by the terms of the Wet Field Policy as described in the Rules and
Regulations Governing City Park Rentals Resolution, as may be amended from time to
time, to preserve the quality and life of the fields and promote a safe playing environment.
The Wet Field Policy applies to conditions due to precipitation, over-watering, and/or
irrigation system problems or other circumstances that may result in wet fields. When fields
are sufficiently wet such that their use may lead to turf damage or bodily injury, they will be
closed to all use at the City Manager’s or the City Manager’s designee’s sole discretion.
Fields are closed under the following conditions:
A. Rain (with the exception of light drizzle if the ground is relatively hard and dry prior
to the start of the drizzle.)
B. Standing water/ponding or mud is present.
C. Water gathers around the sole of a shoe.
D. Footprints leave an impression in the turf.
D.E. Other conditions deemed unsuitable for recreational activities as determined
by the City Manager or the City Manager’s designee.
8. Snack Bar and Storage Rooms
A. The sale and consumption of food and beverages shall be at the discretion of MGS
with the exception that no alcoholic beverages shall be sold or consumed on
Premises.
B. MGS shall be provided with no more than four (4) keys to the Snack Bar and
storage rooms prior to the start of the season and shall be responsible for securing
said keys. Said keys shall not be duplicated. Upon vacating the Snack Bar or
storage rooms, MGS shall return the keys to City within fifteen (15) days of vacating
use at the end of the season or when Agreement is terminated. In the event any
key(s) assigned to MGS are lost or stolen, MGS agrees to reimburse City for all
costs, including a fifteen percent (15%) administrative fee, associated with re-keying
facilities and issuing replacement keys.
C. MGS shall obtain all required health and other permits for the operation of the
Snack Bars and preparation and sale of food and beverages. MGS shall notify City
in writing of any notice of correction or closure received from the Ventura County
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Environmental Health division within forty-eight (48) hours of receiving such notice
and when corrections are made.
D. MGS agrees to clean Snack Bars including counters, sinks, floors, and walls after
each use, and to remove and dispose of all trash and recycling in and around Snack
Bars to trash and recycle bins provided by City. The Snack Bar shall be cleaned
and sanitized thoroughly at the end of each day that the facility is used, to the
satisfaction of the City. Any required repair to equipment, appliances, fixtures or
any damage to the facility or any graffiti observed shall be immediately reported to
the City. MGS shall supply all cleaners and supplies. All cleaning products used
must be approved by City. Daily cleaning includes the interior and exterior of the
Snack Bar facility, including, but not limited to the following:
1. Pick up and disposal of litter in and around facility within a 100’ radius.
2. Empty trash receptacles within a 100’ radius and replace liner(s) with 1.5 mill,
provided by MGS, or better.
3. Sweep and wet mop the entire floor surface using an approved detergent
disinfectant. Dry the floor with a dry mop.
4. Clean walls and ceiling with an approved disinfectant detergent, including tile
and grout.
5. Clean sinks and counter tops with an approved disinfectant detergent.
6. Clean and sanitize the interior and exterior of all surfaces and appliances,
including stoves, microwaves, coffee makers and refrigerators.
7. Clean the interior and exterior of all partition windows.
E. MGS agrees to immediately (within 24 hours) report to City any damage or
vandalism to the Snack Bar or storage rooms.
F. MGS shall not begin storage of its property in the Snack Bar until the first day of
each season. MGS agrees to remove its property from the Snack Bar within one (1)
week after the last game of each season. City accepts no liability for MGS property
stored on Premises.
G. MGS shall use the storage room to store maintenance and game equipment and
food and drink supplies only. MGS may store maintenance and game equipment in
the storage room year round. No more than five (5) gallons of gasoline or propane
may be stored in the storage room. MGS shall clean the storage room on a regular
basis, and keep it free of dirt, dust, and debris. MGS shall be required to vacate the
storage room adjacent to the Snack Bar upon thirty (30) days written notice from the
City if it is needed for City purposes.
9. Signs
MGS agrees not to permit the construction or placement of any sign, signboard, or other
form of outdoor advertising on the Premises without the prior written consent of the City
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Manager or the City Manager’s designee. In the event of a violation of this provision by
MGS or any one claiming under MGS, MGS hereby authorizes City as MGS's Agent, to
remove and dispose of any such sign, signboard, or other advertising, and to charge the
cost and expense of any such removal and disposal to MGS who agrees to pay the same
upon demand.
This provision does not prohibit the use of identification banners for individual teams and
sponsors, which may be displayed during games and shall be removed following the end of
each game.
MGS further agrees to abide by the City’s Sign Ordinance regarding the placement of signs
at any location other than Premises.
10. Vendors
Vendors are not permitted without the prior written authorization of the City Manager or the
City Manager’s designee. Vendors are subject to the following conditions:
A. Vendors must complete the City’s vendor application form.
B. Vendors must be self-contained.
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the American with Disabilities Act (ADA).
Vendors must have a current Moorpark business registration permit as required by
MMC 5.08 (Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
MGS must pay to the City vendor fees as described in the current Park Rental Fees
resolution.
a fee of twenty-five dollars ($25.00) per vendor per day.
11. Indemnification and Hold Harmless
MGS hereby agrees to hold harmless and indemnify City, its officials, agents, and
employees, and its successors and assigns, from and against all claims, loss, damage,
actions, causes of actions, expense (including costs of fees and expenses for legal
services) and/or liability arising or growing out of loss or damage or destruction to property,
including City's own personal property, or injury to or death of persons, including
employees of City, resulting in any manner whatsoever directly or indirectly, by reason of
this Agreement or the use of City facilities by MGS or any person claiming use under or
through MGS unless such loss, damage, injury, or death is due to the sole negligence of
the City. MGS shall also hold the City harmless from all costs and expenses, including
costs of investigation arising out of or incurred in the defense of any claim, proceeding, or
action brought for injury to persons or damage to property, resulting from or associated
with the use of City facilities under this Agreement and shall further save and hold
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harmless the City from any and all orders, judgments, and decrees which may be entered
in any and all such suit or actions. MGS and all others using said facilities under this
Agreement hereby waive any and all claims against the City of damage to persons or
property in, or about City facilities.
The City does not, and shall not, waive any rights that it may have against MGS by reason
of this Section, because of the acceptance by the City, or the deposit with the City, of any
insurance policy or certificate required pursuant to this Agreement. Said hold harmless
and indemnification provision shall apply regardless of whether or not said insurance
policies are determined to be applicable to the claim, demand, damage, liability, loss, cost
or expense described in this Section. The provisions of this Section shall survive the
expiration or termination of this Agreement. The provisions of this Section shall apply to all
use of City facilities by MGS pursuant to this Agreement. Failure of City to monitor
compliance with requirement set forth in this Agreement imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
12. Liability Insurance
MGS shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Attachment “B” attached hereto and incorporated
herein by this reference as though set forth in full. Coverage shall apply to all use of City
facilities by MGS pursuant to this Agreement.
13. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be
done at City’s sole discretion and shall be performed by City force account or by City’s
authorized agent unless approved by City Manager or the City Manager’s designee in
writing. All maintenance authorized to be performed by MGS shall adhere to City
specifications and standards.
City agrees to allow MGS to access the field portion of Premises with no more than two (2)
vehicles for the specific purpose of field preparation, maintenance, and setting up and
taking down equipment. MGS agrees not to use vehicles on the field whenever the ground
is wet, for whatever reason, without obtaining City’s written approval. MGS also agrees
that vehicles it uses for this purpose shall not exceed a gross vehicle weight (GVW) of
5,400 pounds. MGS further agrees that only licensed drivers age sixteen (16) or older may
drive said vehicles. MGS agrees to immediately report to City any damage to Premises
caused by use of vehicles on Premises. MGS further agrees to repair any such damage at
MGS’s sole cost and expense to the satisfaction of the City.
A. During use under this Agreement, MGS shall be responsible to perform the
following maintenance on Premises at MGS’s sole cost and expense:
1. At least sixty (60) days Pprior to the first game of the season and thirty (30)
days prior to the start of any maintenance activities, a representative from
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MGS shall meet with the City Manager or the City Manager’s designee to
review the condition of the infield areas. MGS shall grade the infield areas of
all ball fields 1 and 3 at AVCP and 1 and 2 at MMP, in order to level the fields
and insure positive drainage, two percent (2%) cross fall maximum. Infield
mix shall be added to the satisfaction of the City Manager or the City
Manager’s designee and shall consist of sixty percent (60%) ‘decomposed
granite’ and forty percent (40%) ‘brick dust’ available from Peach Hill Soils or
equal. The brick dust and decomposed granite shall be mixed evenly by the
manufacturer prior to installation. MGS shall provide the City with the quantity
of the infield mix proposed and product specifications prior to the start of
work. MGS shall hire a contractor with proven grading experience and
submit to the City the contractor’s qualifications. MGS shall obtain the City’s
written approval prior to commencing work.
2. Pick up trash and recycle materials on and within 100’ around Premises and
provide for additional trash containers as needed. Trash and recycling
containers shall be emptied when they are no more than seventy-five percent
(75%) full, with trash and recycle materials placed in the appropriate trash or
recycle container bin. Additionally, recycle material shall be removed from
the liner and placed in the appropriate recycling bin. All recycle and trash
receptacles shall be installed with trash liners. Liners shall be supplied by
MGS. Trash liners shall be black in color and 1.5 mill or better, and recycle
liners shall be clear, unless otherwise approved by the City. This requirement
shall be waived during times that MGS has paid for and the City has
scheduled staff to perform custodial duties specifically for MGS’s use of
Premises.
3. Groom, drag, and rake infields. MGS agrees to hand rake the infields within
eighteen (18) inches of the infield grass line to prevent the build-up of a lip.
MGS shall replace infield fill when necessary using an infield mix to be
specified and approved by City. Only an approved white water-based acrylic
paint, manufactured specifically for marking lines on sports turf and athletic
fields, may be used on the turf. Athletic field paint may not contain calcium
carbonate, vinyl copolymers, herbicides, or pesticides. Only white field chalk,
manufactured specifically for marking lines on ballfields, may be used on the
dirt portions of the infield. Chalk may not contain any lime-based products,
or other chemicals known to cause skin and eye irritation.
4. Maintain base pegs, pitcher’s mounds, pitching rubbers, and home plates on
AVCP ball fields #1 and #3 and MMP ball fields #1 and #2.
5. Maintain backstops and dug-outs, including fence material, and shade
screenson AVCP ball fields #1 and #3 and MMP ball fields #1 and #2..
Screens must be removed or repaired within seventy-two (72) hours of
notification that repair or removal is needed. Fencing must be repaired within
seventy-two (72) hours of notification that repair is needed.
5.6. Maintain shade screens on dug-outs. Screens must be removed or
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repaired within seventy-two (72) hours of notification that repair or removal is
needed.
6.7. Remove graffiti from fences, backstops, and dugouts (including all
dug-out coversshade screens) and AVCP ballfield #3 fences, backstops,
bleachers, and dug-outs within seventy-two (72) hours of notification to do
so. All cleaning products used must be approved by City. If MGS fails to
remove graffiti as described in this section, MGS authorizes City to remove
graffiti and to charge the cost and expense of such removal to MGS, who
agrees to pay the same upon demand.
7.8. On ballfield #3 at AVCP, maintain infield irrigation, benches, and
bleachers.
B. City shall be responsible to perform the following:
1. Irrigate, mow, fertilize, and aerate at City’s expense turf areas within Premises.
2. Perform routine maintenance for normal wear and tear, and arrange for and
schedule pest control services for, in, and around the Snack Bar.
C. City and MGS shall jointly:
1. Maintain base pegs, pitcher’s mounds, pitching rubbers, and home plates on
AVCP ball fields #2 and #4.
2. Maintain backstops and dug-outs, including fence material, on AVCP ball
fields #2 and #4.
3. Remove graffiti from fences, backstops, bleachers, and dug-outs on AVCP
ball fields #1, #2, and #4 and MMP ball fields #1 and #2.
D. City shall not be obligated to repair, replace, or maintain the Premises in any
manner throughout the term of this Agreement. City shall not be obligated to
perform any precautionary or preventative measures with respect to the Premises,
including, but not limited to drainage and flood control measures. Should City
perform any of the foregoing, such services shall be at the sole discretion of City,
and the performance of such services shall not be construed as an obligation or
warranty by City of the future or ongoing performance of such services. City shall
determine maintenance specifications.
E. City agrees to allow MGS to access the field portion of Premises with no more than
two (2) vehicles for the specific purpose of setting up and taking down equipment
and preparing ball fields only. Vehicles shall not exceed a gross vehicle weight
(GVW) of 5,400 pounds and may only include golf carts, utility vehicles (“Gators”),
or all-terrain vehicles (ATVs). Vehicles must be equipped with turf tires. MGS agrees
not to use vehicles on the field whenever the ground is wet, for whatever reason,
without obtaining the City Manager’s or the City Manager’s designee’s written
approval. MGS further agrees that only licensed drivers age eighteen (18) or older
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may drive said vehicles. MGS agrees to immediately report to City any damage to
Premises caused by use of vehicles on Premises. MGS further agrees to repair any
damage caused by MGS’s use of vehicles at MGS’s sole cost and expense to the
satisfaction of the City. Except as described above, use of any other vehicle on any
area other than roadways and parking lots requires the advance written approval of
City.
14. Improvements
MGS shall not make any alterations, additions, or improvements upon the Premises
without the prior written consent of the City Manager or the City Manager’s designee.
Requests to make alterations, additions, or improvements must be submitted to the City in
writing no less than fifteen (15) business days prior to the desired start date for work.
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
maintained at MGS’s sole cost and expense in strict accord with all federal, state, county,
and local laws, ordinances, codes, and standards relating thereto, including ADA
requirements. Performance of work shall be subject to City monitoring and inspection. At
City’s sole discretion, work may be stopped if it does not conform to City specifications and
standards.
Unless otherwise expressly agreed to in writing by the City Manager or the City Manager’s
designee, any alterations, additions, and improvements shall remain on and be
surrendered with the Premises upon the expiration or termination of this Agreement. MGS
shall timely pay all costs associated with any and all improvements, and shall keep the
Premises free and clear of all mechanics liens. MGS agrees to and shall indemnify,
defend, and save City free and harmless against all liability, loss, damage, costs, attorney
fees and other expenses of any nature resulting from any MGS alterations, additions, or
improvements to the Premises.
If MGS discontinues use of Premises for a period of eighteen (18) consecutive months, all
improvements to Premises not already owned by City shall become the property of the City
unless otherwise authorized by the City Manager or the City Manager’s designee in writing.
15. Amplified Sound
MGS agrees not to use amplified sound without the prior written authorization of the City
Manager or the City Manager’s designee. MGS agrees to abide by the provisions
regulating amplified sound as set forth in sections 12.16 (Parks and Open Space), and
17.53 (Noise), of the MMC.
16. Flammable Material, Waste, and Nuisances
MGS agrees that it will not place or store any flammable materials on the Premises except
as described in Section 8 G, that it will not commit any waste or damage, nor suffer any to
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be done. MGS also specifically agrees that it will not allow others to take such actions on
the Premises. MGS further agrees that it will keep the Premises clean, free from weeds,
rubbish, and debris and in a condition satisfactory to City.
MGS shall also provide adequate controls for dust, odors, and noise which may emanate
from the Premises or from MGS's activities on adjacent property and take appropriate
steps necessary to prevent dust contamination of City's facilities located on, near or
adjacent to the Premises. MGS agrees to take preventative action to eliminate such dust,
odor, noise, or any other nuisance which may disturb the adjacent or nearby community
and agrees to be responsible for and to assume all liability for such dust, odor, noise, or
other nuisance disturbances. MGS also agrees that it shall not use amplified sound or field
lighting on Premises for any reason, without the prior written consent of the City Manager
or the City Manager’s designee.
17. Pesticides and Herbicides
MGS agrees that prior to any application of either pesticides or herbicides, it shall receive
written consent from City, and further any pesticide or herbicide applications on the
Premises shall be made in accordance with all federal, state, county, and local laws. MGS
further agrees to dispose of any pesticides, herbicides, or any other toxic substances which
are declared to be either a health or environmental hazard in such a manner as prescribed
by law. This shall include, but shall not be limited to, contaminated containers, clothing,
equipment, or any other contaminated material.
18. Hazardous Materials Indemnity
MGS hereby agrees to indemnify and hold harmless City, and its respective officers,
employees, and agents, from and against any and all claims, actions, losses, liabilities,
costs, and expenses: (a) including, without limitation, all foreseeable and all unforeseeable
consequential damages, directly or indirectly arising out of the use, generation, storage, or
disposal of Hazardous Material on the Premises by MGS; and (b) including, without
limitation, the cost of any required or necessary repair, cleanup, or detoxification and the
preparation of any closure or other required plans, to the full extent that such action is
attributable, directly or indirectly, to the presence, or use, generation, storage, release,
threatened release, or disposal of Hazardous Materials on the Premises by MGS. As used
in this Section, Hazardous Materials means any flammable explosives, radioactive
materials, asbestos, PCBs, hazardous water, toxic substances of related materials,
including, without limitation, substances, defined as "hazardous substances", "hazardous
materials", or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the
Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic
Substances Control Act, 15 USC, Section 2601, et seq.; any other federal, state, or local
law applicable to the Premises; and in the rules and regulations adopted or promulgated
under or pursuant to any of said laws. The provisions of this Section shall survive the
expiration or earlier termination of this Agreement.
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19. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof, and
for the purpose of providing maintenance and making such repairs as City desires to make.
20. Governing Law
MGS agrees that in the exercise of its rights under this Agreement, MGS shall comply with
all applicable federal, state, county, and local laws and regulations in connection with its
use of the Premises, including but not limited to the ADA. The existence, validity,
construction, operation, and effect of this Agreement and all of its terms and provisions
shall be determined in accordance with the laws of the state of California.
21. Discrimination
MGS agrees not to discriminate against any person or class of persons by reason of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status of such person; or any
other basis protected by applicable federal, state, or local lawrace, ancestry, physical
disability, medical condition, marital status, gender, color, religious creed, or national origin
in the use of the Premises.
22. Assignment and Subletting
MGS shall not assign this Agreement, or any interest therein, and shall not assign use of
the Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any
other person (the agents and servants of MGS excepted) to occupy or use the Premises,
or any portion thereof, without the prior written consent of the City Manager or the City
Manager’s designee. A consent to one assignment, subletting, occupation, or use by
another person shall not be deemed to be a consent to any subsequent assignment,
subletting, occupation, or use by another person. This Agreement shall not, nor shall any
interest therein, be assignable, as to the interest of MGS, by operation of law, without the
written consent of the City Manager or the City Manager’s designee. Any assignment or
subletting without such consent shall be void, and shall, at the option of the City, terminate
this Agreement. No legal title or interest in Premises is created or vested in MGS by this
Agreement.
23. Insolvency or Bankruptcy
If MGS shall be adjudged bankrupt or insolvent, this Agreement shall thereupon
immediately terminate and the same shall not be assignable by any process of law, or be
treated as an asset of the MGS under such adjudication, nor shall it pass under the control
of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or by
execution or assignment for the benefit of creditors. If any such event occurs, this
Agreement shall immediately become null and void and of no effect, and City may
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thereupon repossess said Premises and all rights of the MGS thereupon shall cease and
terminate.
24. Default or Breach
Except as otherwise provided, at any time one party to this Agreement is in default or
breach in the performance of any of the terms and conditions of this Agreement, the other
party shall give written notice to remedy such default or breach. If default or breach is
remedied within thirty (30) days following such notice, then this Agreement shall continue in
full force and effect. If such default or breach is not remedied within thirty (30) days
following such notice or if the nature of the default is such that it cannot reasonably be
cured within thirty (30) days, if MGS fails to commence to cure within the thirty (30) day
period, the other party may, at its option, terminate this Agreement. Such termination shall
not be considered a waiver of damages or other remedies available to either party because
of such default or breach. Each term and condition of this Agreement shall be deemed to
be both a covenant and a condition.
25. Interpretation
Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed
that this Agreement was prepared by the parties jointly and equally, and shall not be
interpreted against either party on the ground that the party prepared the Agreement or
caused it to be prepared.
26. Waiver
A waiver by either party or any default or breach by the other party in the performance of
any of the covenants, terms or conditions of this Agreement shall not constitute or be
deemed a waiver of any subsequent or other default or breach.
27. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
28. Condemnation
If the whole of the Premises should be taken by a public authority under the power of
eminent domain, then the term of this Agreement shall cease on the day of possession by
the public authority. If a part only of the Premises should be taken under eminent domain,
MGS shall have the right to either terminate this Agreement or to continue in possession of
the remainder of the Premises. If MGS remains in possession, all of the terms hereof shall
continue in effect, with the fees payable being reduced proportionately for the balance of
the Agreement term.
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29. Remedies
In case of the failure or refusal of MGS to comply with and perform each and all of the
terms and covenants on its part herein contained, this Agreement and all rights hereby
given shall, at the option of City, cease and terminate, and City shall have the right
forthwith to remove MGS's personal property from the Premises at the sole cost, expense
and risk of MGS, which cost and expense MGS agrees to pay to City upon demand,
together with interest thereon at the maximum rate allowed by law, and use fees due to
date from the date of expenditure by City.
30. Attorney Fees
In case City shall bring suit to compel performance of or to recover for breach of any
covenant, agreement, or condition herein contained and such suit results in a judgment for
City, MGS will pay to City attorney fees in addition to the amount of judgment.
31. Notices and Payments
All notices required under this Agreement including change of address shall be in writing,
and all notices and payments shall be made as follows:
All payments and notices to MGS shall be given or mailed to MGS at the address listed
below and addressed to the current MGS Regional Commissioner. It is the responsibility of
MGS to notify City when there has been a change with regard to the individual serving as
Regional Commissioner and to provide the City with name, address, and 24-hour contact
phone number of the new Commissioner.
Moorpark Girls Softball
Scott ZulagerChristina Finnerty
P.O. Box 246
Moorpark, CA 93020
All payments and notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
32. Partial Invalidity
If any term, covenant, condition, or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
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33. Gender and Number
For the purpose of this Agreement wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall include the
plural and the plural number shall include the singular, wherever the context so requires.
34. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to be
used in interpreting or construing the terms, covenants, and conditions of this Agreement.
35. Modification
This Agreement may be terminated, extended, or amended in writing by the mutual written
consent of the parties hereto. Such amendments may be executed by the City Manager
on behalf of the City.
36. Venue
This Agreement is made, entered into, executed in Ventura County, California, and any
action filed in any court for arbitration for the interpretation, enforcement or other action of
the terms, conditions or covenants referred to herein shall be filed in the applicable court in
Ventura County, California.
37. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous negotiations and understandings between the parties. There are no
representations, warranties, or commitments, oral or written, other than those expressly set
forth herein.
38. Authority to Execute Agreement
The person executing this Agreement on behalf of MGS warrants and represents that
he/she has the authority to execute this Agreement on MGS’s behalf and has the authority
to bind MGS to the terms of this Agreement.
IN WITNESS W HEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK MOORPARK GIRLS SOFTBALL
_______________________________ _______________________________
Steven KuenyTroyBrown Christina Finnerty
City Manager Co-President
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Attest:
_________________________________
Maureen Benson
City Clerk
Attachments: A: Premises
B: Insurance Requirements
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Attachment A
Premises
Arroyo Vista Community Park
Softball Fields 1, 2, 3, and 4
Snack Bar adjacent to softball
fields
Arroyo Vista Community Park
Softball fields 1, 2, 3, and 4
Snack Bar and Storage Room
adjacent to softball fields
Mountain Meadows Park
Softball fields 1 and 2
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Attachment B
Insurance Requirements
MGS shall secure, pay for, and maintain in full force and effect for the duration of this Agreement
a policy of comprehensive insurance as detailed below from a good and responsible company or
companies authorized to do insurance business in the State of California, with a Best Rating /
FPR of no less than A-. Policies shall bear an endorsement or shall have attached a rider whereby
it is provided that, in the event of amendment or cancellation of such policy for any reason
whatsoever, City shall be notified by registered mail, postage prepaid, return receipt requested,
not less than thirty (30) days before the amendment or cancellation is effective. MGS shall furnish
a Certificate of Liability Insurance and Insurance Endorsement, subject to the City’s acceptance,
to the City within thirty (30) days ofprior to execution of this Agreement. MGS agrees to have its
insurer endorse, to the satisfaction of the City, the third party general liability coverage required
herein to include as additional insureds the City of Moorpark and its officials, employees, and
agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement
attached thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to MGS or
City.
B. Provide a minimum of $1,000,000.00 per occurrence with a minimum of $2,000,000
aggregate commercial general liability coverage, and shall be written on an occurrence basis.
C. MGS’s policy shall be considered primary insurance with respect to any other valid and
collectible insurance the City may possess, including any self-insured retention the City may
have, and any other insurance the City does possess shall be considered excess and shall not
contribute to it.
2. AUTO INSURANCE
Business Auto Coverage, on ISO Business Auto Coverage form CA 00 01 including symbol 1
(Any Auto), or the exact equivalent. Limits are subject to review, but in no event to be less than
$1,000,000.00 per accident. If MGS owns no vehicles, this requirement may be satisfied by a non-
owned auto endorsement to the general liability policy described above. If MGS or MGS’s
employees, participants, associates, or volunteers will use personal autos in any way during the
performance of this Agreement, MGS shall provide evidence of personal auto liability for each
such person.
3. WORKERS’ COMPENSATION INSURANCE Workers’ Compensation Insurance, on a state-approved policy form providing statutory benefits
as required by law. MGS shall furnish a Certificate of Insurance to the City within thirty (30) days
of execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrence
basis.
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK LITTLE LEAGUE FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
20152018, between the CITY OF MOORPARK, a municipal corporation located in the
County of Ventura, State of California, hereinafter referred to as "City" and MOORPARK
LITTLE LEAGUE, a nonprofit organization, hereinafter referred to as "MPLL".
W I T N E S S E T H:
WHEREAS, youth sports programs are a valuable asset to the Moorpark
community; and
WHEREAS, MPLL provides baseball programs for the youth of the Moorpark
community; and
WHEREAS, MPLL desires to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation of facility
use agreements for Moorpark nonprofit youth sports organizations in order to provide
special conditions, priority use, and reduced use fees to the youth sports organizations.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises contained herein, the parties hereto agree as follows:
1. Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to MPLL, and MPLL hereby accepts from City,
the use of certain real property and associated facilities and equipment at Poindexter Park,
hereinafter “PP”, including the following, as described below and in Attachment "A"
attached hereto and by this reference incorporated herein, together with any and all
improvements thereon, all of which are hereinafter referred to as the "Premises" for the
following use periods:
A. During the spring season, fall season, all-stars, and other use periods including but
not limited to training clinics, camps, and advanced, specialized, or year-round team
practices not associated with a specific season, Bbaseball fields 1 and 2. The spring
season may begin no earlier than February 1 and conclude no later than June 30.
The fall season may begin no earlier than August 1 and conclude no later than
November 30. All-stars may begin no earlier than July 1 and conclude no later than
August 31.
Actual fields allocated shall be governed by the “Moorpark Parks and Recreation
Master Plan” standard field allocations for games. Said allocations for will be one (1)
field per eight (8) teams as specified below. Fields used by MPLL at Chaparral
Middle School shall be counted first and toward the total field allocation. Field
allocations at PP shall be as follows:
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One (1) field for every eight (8) teams in 10U Division and under.
One (1) field for every eight (8) teams in 12U Division and over.
At City’s sole discretion, other fields may be temporarily assigned to MPLL if all, or a
portion of, fields listed above are not available due to closure for maintenance or use
by City for its own programs.
B. B. For up to three (3) tournaments per calendar year, baseball fields 1 and 2.
Each tournament may not exceed two (2) weekends or four (4) total days. Weekends
for each tournament must be consecutive, unless facilities are not available due to
City use, holidays, maintenance, or other rental use.
C. Storage room adjacent to restroom building. Storage room is approximately 150
square feet of storage space located adjacent to the restroom building. Storage room
or area may be moved or modified with thirty (30) days written notice from City.
Actual fields allocated will be limited to one (1) field per eight (8) teams. Fields used by
MPLL at Chaparral Middle School shall be counted first and toward the total field
allocation. At City’s sole discretion, other fields may be temporarily assigned to MPLL if all,
or a portion of, fields listed above are not available due to closure for maintenance or use
by City for its own programs.
For use of City facilities beyond or other than described above, MPLL agrees to obtain a
park rental Rental permit Permit and pay rental fees as described in the current Park
Rental Rules and Park Rental Fees Resolutions.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 20152018,
and ending on June 30, 20182021, provided however, that City's obligations hereunder
shall be contingent upon MPLL's payment in full of all use and related fees and fulfillment
of all obligations as set forth in this Agreement.
This Agreement may be terminated by either party with or without cause by providing
written notice no less than thirty (30) days in advance of such termination.
3. Use Fees
MPLL agrees to pay the City Use Fees for the Premises as follows:
A. Hourly Use use Fees fees for Sports Ffields for facilities as described in Sections 1
A and B of this Agreement:
Year 1 (use between July 1, 2015, and June 30, 2016):
$7.008.75/hour for athletic fields
$5.006.00/hour for softball/baseball fields
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Year 2 (use between July 1, 2016, and June 30, 2017):
$8.00/hour for athletic fields
$5.50/hour for softball/baseball fields
Year 3 (use between July 1, 2017, and June 30, 2018):
$8.00/hour for athletic fields
$5.50/hour for softball/baseball fields
B. Non-resident Fee: Single Family Equivalent park assessment per family, for children
registered in the league who reside outside of Moorpark city limits. The fee shall be
paid once per fiscal year per family. In the event a child, or his/her sibling(s),
participate in two or more youth sports organizations with approved facility use
agreements, the non-resident fee shall be equally divided among said youth sports
organizations.
MPLL shall submit a registration roster, including names of non-resident
participants, and street addresses and zip codes of all participants (both resident
and non-resident), registered in the program within five (5) business days of the
close of registration for each use period for the purpose of verifying, assessing, and
tracking non-resident fees and ensuring compliance with minimum participant and
residency requirements. Rosters shall be submitted via email to the Recreation
Division manager in Excel workbook format.
City shall calculate non-resident fees due no later than May 30 of each year. MPLL
shall be notified in writing of non-resident fees due no later than June 1. Non-
resident fees must be paid in full no later than June 25. Non-resident Fee: Single
Family Equivalent park assessment per family, for children registered in the league
who reside outside of Moorpark city limits. The fee shall be paid once per fiscal year
per family. MPLL shall submit a registration roster, including names of non-resident
participants, and street addresses and zip codes of all participants (both resident
and non-resident), registered in the program within thirty (30) days of the start of
each season for the purpose of verifying, assessing, and tracking non-resident fees.
Rosters shall be returned to MPLL after review and recording of non-resident
participants. Non-resident fees shall be payable within thirty (30) days of notification
by City of amount due. City shall reconcile non-resident fees paid thirty (30)
calendar days prior to the end of each fiscal year. In the event MPLL paid to City
more than one non-resident fee per family for the fiscal year, City shall refund to
MPLL any overpayment of the non-resident fee. In the event two (2) or more
organizations paid non-resident fees to City for the same family, the overpayment of
fees shall be divided equally among those organizations and refunded.
B.C. Staff Fees: Staff fees as described in the current City Council Staff Billing
Rates Park Rental Fees Resolution, as may be amended from time to time, for
monitoring of and maintenance during tournaments. Staff fees shall be paid for the
duration of the tournament.
C. Fees shall be charged and payable as defined in the Park Rental Fees Resolution
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for all other uses, including use of field lights.
Fees for use under the Agreementof the Premises must be paid in accordance with the
following schedule. Failure to pay fees when due will result in the denial or cancelation of
the Rental pPermit for use under the Agreement:
A. $100 due at time of applicationsubmission of Reservation Request.
B. 50% payment due within five (5) business days of issuance of the approved Rental
pPermit for seasonal use, full payment due within five (5) business days of issuance
of permit for tournaments or other use periods.
C. Balance of payment due within ten (10) business days of start of season for
seasonal use.
The City may adjust the Use Fees, referenced in this section on or before the beginning of
the new fiscal year, commencing on July 1 and ending June 30, by giving MPLL written
notice by April 1.
Fees other than those specifically described above shall be charged and payable as
defined in the Park Rental Fees Resolution. This includes, but is not limited to, permit
application fees, vendor fees, security deposits, cancellation fees, refund processing fees,
and fees for use of City facilities other than Premises.
4. Refunds or Credits for Use Fees
Use Fees paid may be refunded or credited under the following conditions:
A. The Premises are unusable due to inclement weather (temperatures below 45°F or
above 95°F, active precipitation, winds in excess of thirty (30) miles-per-hour, or
heavy fog), or conditions exist (as determined by City Manager or the City
Manager’s designee) which make the Premises unusable, such as water saturated
fields. MPLL may also reschedule the canceled date, within the time frames and
maximum use allowed by this Agreement.
B. A request for cancellation for a date or dates reserved and paid for under the
Agreement is received thirty (30) calendar days or more in advance of the
scheduled date or dates.
C. For requests for cancellations received between twenty-nine (29) and five (5)
calendar days prior to the scheduled date, MPLL may reschedule the canceled
date, within the time frames and maximum use allowed by this Agreement.
No refunds or credits will be issued for requests for cancellations received less than five (5)
calendar days in advance, and the canceled date or dates may not be rescheduled.
5. Use
The Premises shall be used for MPLL’s authorized games, practices, and training
sessions. The Premises shall be used as specified in this Agreement only, and shall not be
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used for any other purpose without the prior written consent of the City Manager or the City
Manager’s designee.
Use under this Agreement is limited to a maximum of forty-two (42) total weeks per
calendar year, plus three (3) annual tournaments. Each tournament may not exceed two
(2) weekends or four (4) total days. Weekends for each tournament must be consecutive,
unless facilities are not available due to City use, maintenance, holidays, or other rental
use. Tournament use is subject to availability of fields.
For use of City facilities beyond the time frames described above, MPLL agrees to obtain a
park rental permit and pay rental fees as descried in the current Park Rental Fees
Resolution.
A schedule of times and days requested for reservation for games and practicesuse of
Premises shall be furnished to the Parks and Recreation Director (PR Director) or the PR
Director’s designee for the City’s approval at least thirty (30) calendar days prior to the start
of the season or tournament. as follows:
A. Fall season: On or before July 15. Fields not requested for reservation by MPLL for
the fall season by this date will be available to the public and MPLL will not have
priority use of them.
B. Spring season: On or before January 15. Fields not requested for reservation by
MPLL for the spring season by this date will be available to the public and MPLL will
not have priority use of them.
C. All-stars: On or before June 15. Fields not requested for reservation by MPLL for the
spring season by this date will be available to the public and MPLL will not have
priority use of them.
D. Tournaments: At least sixty (60) calendar days prior to the first day of tournament
play.
E. All other use: At least thirty (30) calendar days prior to the start of the use period.
The schedule Reservation Request must be provided on the “Park Facility Reservation
Application Youth Sports Organizations” form for seasonal use, and on the “Tournament
Reservation Application” form for tournaments. A separate Reservation Request must be
submitted for each use period (including fall season, spring season, all-stars, tournaments,
training clinics, camps, and other use periods.)
Reservation Requests not submitted by the above stated deadlines, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation Requests submitted after the above stated deadlines will forfeit priority use
over other renters, will not be eligible for the reduced hourly field Use Fees as described in
3.A. of this Agreement, and will be processed and fees charged in accordance with the
Park Rental Rules and Park Rental Fees Resolutions.
Schedules submitted less than thirty (30) calendar days in advance, or without the
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completed forms as referenced above, will not qualify for use under the Agreement.
Reservation requests submitted less than thirty (30) days in advance will be processed and
fees charged in accordance with the Park Rental Rules and Park Rental Fees Resolutions.
The City shall provide MPLL with an approved Rental Permit based on the Reservation
Request detailing the dates and times MPLL is authorized to use Premises. Changes
Requested changes to the schedule approved Rental Permit must be submitted to City in
writing. All requested changes must be approved by the City.
The approved Rental Permit may contain additional conditions or special requirements.
These include but are not limited to the requirement of portable toilets and trash and
recycle dumpsters for tournaments, permission for overnight security for tournaments, and
vendor requirements. MPLL shall abide by all conditions and requirements on the approved
Rental Permit.
At all times, City retains the right to use Premises for City sponsored and co-sponsored
events upon no less than thirty (30) days written notice to MPLL. The general public shall
have access to and use of Premises at times not included in the approved Rental Permit.
MPLL shall not have priority use of Premises outside of the approved Rental Permit.
6. General Conditions
A. In order to retain rights under this agreement, MPLL shall maintain status as a 501
(c) (3) nonprofit corporation chartered within the City of Moorpark. MPLL agrees to
provide City with proof of nonprofit status and a certified accounting of its financial
status each year.
The annual financial accounting shall include: 1) a budget summary of actual
revenue and expenditures from MPLL’s prior fiscal year; 2) a budget summary of
estimated revenue and expenditures for MPLL’s current fiscal year; and 3) a bank
statement or account summary to verify information provided in budgets. The
financial accounting and proof on nonprofit status shall be submitted with the “Youth
Sports Organization Information Sheet” on or before January 15 of each year.
B. In order to retain rights under this Agreement, MPLL must register and maintain a
minimum of seventy-five (75) players. Additionally, a minimum of eighty seventy-five
percent (8075%) of participants must reside within Moorpark city limits. MPLL shall
provide City with a registration rosters as described in 3 C of this Agreement.,
including street addresses and zip codes, of participants registered in the program
for the purpose of verifying minimum player and residency requirements. Rosters
shall be returned to MPLL after review by City. In lieu of a printed roster, MPLL may
provide City staff with access to their registration data base. Rosters and/or data
base access shall be provided to City within five (5) business days of the close of
registration for each season, and with the submission of the “Youth Sports
Organization Information Sheet.”
C. MPLL shall submit annually to the City a completed “Youth Sports Organization
Information Sheet,” the form of which shall be as provided by the City. The
information sheet for each calendar year shall be submitted no later than January
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15.
D. MPLL shall submit to City a Certificate of Authorized Signatories, with names and
signatures of those authorized to sign documents on behalf of MPLL. A new form
shall be submitted any time the list of authorized signatories changes.
E. MPLL agrees to obtain a Rrental Ppermit and pay rental fees as required by section
12.16.160 of the Moorpark Municipal Code (MMC) for all use of City facilities not
included in the “Premises” and “Use” sections of this Agreement. MPLL further
agrees to notify all coaches and participants of the City’s rules and regulations
governing City park rentals, and shall prohibit any coach or participant from
interfering with a permitted park rental.
7. Wet Field Policy
MPLL agrees to abide by the terms of the Wet Field Policy as described in the Rules and
Regulations Governing City Park Rentals Resolution, as may be amended from time to
time, to preserve the quality and life of the fields and promote a safe playing environment.
The Wet Field Policy applies to conditions due to precipitation, over-watering, and/or
irrigation system problems or other circumstances that may result in wet fields. When fields
are sufficiently wet such that their use may lead to turf damage or bodily injury, they will be
closed to all use at the City Manager’s or the City Manager’s designee’s sole discretion.
Fields are closed under the following conditions:
A. Rain (with the exception of light drizzle if the ground is relatively hard and dry prior
to the start of the drizzle.)
B. Standing water/ponding or mud is present.
C. Water gathers around the sole of a shoe.
D. Footprints leave an impression in the turf.
E. Other conditions deemed unsuitable for recreational activities as determined by the
City Manager or the City Manager’s designee.
D.F.
8. Storage Rooms
A. MPLL shall be provided with no more than four (4) keys to the storage room prior to
the start of the season and shall be responsible for securing said keys. Said keys
shall not be duplicated. Upon vacating the storage room, MPLL shall return the keys
to City. MPLL shall return the keys to City within fifteen (15) days of vacating use at
the end of the season or when Agreement is terminated. In the event any key(s)
assigned to MPLL are lost or stolen, MPLL agrees to reimburse City for all costs,
including a fifteen percent (15%) administrative fee, associated with re-keying
facilities and issuing replacement keys.
B. MPLL agrees to immediately (within 24 hours) report to City any damage or
vandalism to the storage rooms.
C. MPLL shall use the storage room to store maintenance and game equipment and
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only. MPLL may store maintenance and game equipment in the storage room year
round. No more than five (5) gallons of gasoline or propane may be stored in the
storage room. MPLL shall clean the storage room on a regular basis, and keep it
free of dirt, dust, and debris. MPLL shall be required to vacate the storage room
upon thirty (30) days written notice from the City if it is needed for City purposes.
9. Signs
MPLL agrees not to permit the construction or placement of any sign, signboard, or other
form of outdoor advertising on the Premises without the prior written consent of the City
Manager or the City Manager’s designee. In the event of a violation of this provision by
MPLL or any one claiming under MPLL, MPLL hereby authorizes City as MPLL's Agent, to
remove and dispose of any such sign, signboard, or other advertising, and to charge the
cost and expense of any such removal and disposal to MPLL who agrees to pay the same
upon demand.
This provision does not prohibit the use of identification banners for individual teams and
sponsors, which may be displayed during games and shall be removed following the end of
each game.
MPLL further agrees to abide by the City’s Sign Ordinance regarding the placement of
signs at any location other than Premises.
10. Vendors
Vendors are not permitted without the prior written authorization of the City Manager or the
City Manager’s designee. Vendors are subject to the following conditions:
A. Vendors must complete the City’s vendor application form.
B. Vendors must be self-contained.
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the Americans with Disabilities Act (ADA).
Vendors must have a current Moorpark business registration permit as required by
MMC 5.08 (Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
MPLL must pay to the City vendor fees as described in the current Park Rental Fees
resolution.
a fee of twenty-five dollars ($25.00) per vendor per day.
11. Indemnification and Hold Harmless
MPLL hereby agrees to hold harmless and indemnify City, its officials, agents, and
employees, and its successors and assigns, from and against all claims, loss, damage,
actions, causes of actions, expense (including costs of fees and expenses for legal
82
services) and/or liability arising or growing out of loss or damage or destruction to property,
including City's own personal property, or injury to or death of persons, including
employees of City, resulting in any manner whatsoever directly or indirectly, by reason of
this Agreement or the use of City facilities by MPLL or any person claiming use under or
through MPLL unless such loss, damage, injury, or death is due to the sole negligence of
the City. MPLL shall also hold the City harmless from all costs and expenses, including
costs of investigation arising out of or incurred in the defense of any claim, proceeding, or
action brought for injury to persons or damage to property, resulting from or associated
with the use of City facilities under this Agreement and shall further save and hold
harmless the City from any and all orders, judgments, and decrees which may be entered
in any and all such suit or actions. MPLL and all others using said facilities under this
Agreement hereby waive any and all claims against the City of damage to persons or
property in, or about City facilities.
The City does not, and shall not, waive any rights that it may have against MPLL by reason
of this Section, because of the acceptance by the City, or the deposit with the City, of any
insurance policy or certificate required pursuant to this Agreement. Said hold harmless
and indemnification provision shall apply regardless of whether or not said insurance
policies are determined to be applicable to the claim, demand, damage, liability, loss, cost
or expense described in this Section. The provisions of this Section shall survive the
expiration or termination of this Agreement. The provisions of this Section shall apply to all
use of City facilities by MPLL pursuant to this Agreement. Failure of City to monitor
compliance with requirement set forth in this Agreement imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
12. Liability Insurance
MPLL shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Attachment “B” attached hereto and incorporated
herein by this reference as though set forth in full. Coverage shall apply to all use of City
facilities by MPLL pursuant to this Agreement.
13. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be
done at City’s sole discretion and shall be performed by City force account or by City’s
authorized agent unless approved by the City Manager or the City Manager’s designee in
writing. All maintenance authorized to be performed by MPLL shall adhere to City
specifications and standards.
City agrees to allow MPLL to access the field portion of Premises with no more than two (2)
vehicles for the specific purpose of field preparation, maintenance, and setting up and
taking down equipment. MPLL agrees not to use vehicles on the field whenever the ground
is wet, for whatever reason, without obtaining City’s written approval. MPLL also agrees
that vehicles it uses for this purpose shall not exceed a gross vehicle weight (GVW) of
5,400 pounds. MPLL further agrees that only licensed drivers age sixteen (16) or older may
drive said vehicles. MPLL agrees to immediately report to City any damage to Premises
caused by use of vehicles on Premises. MPLL further agrees to repair any such damage at
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MPLL’s sole cost and expense to the satisfaction of the City.
A. During use under this Agreement, MPLL shall be responsible to perform the
following maintenance on Premises at MPLL’s sole cost and expense:
1. At least thirty (30) days pPrior to the first game of the seasonstart of
maintenance activities, a representative from MPLL shall meet with the City
Manager or the City Manager’s designee to review the condition of the infield
areas. MPLL shall grade the infield areas of all ball fields, in order to level
the fields and insure positive drainage, two percent (2%) cross fall maximum.
Infield mix shall be added to the satisfaction of the City Manager or the City
Manager’s designee and shall consist of sixty percent (60%) ‘decomposed
granite’ and forty percent (40%) ‘brick dust’ available from Peach Hill Soils or
equal. The brick dust and decomposed granite shall be mixed evenly by the
manufacturer prior to installation. MPLL shall provide the City with the
quantity of the infield mix proposed and product specifications prior to the
start of work. MPLL shall hire a contractor with proven grading experience
and submit to the City the contractor’s qualifications. MPLL shall obtain the
City’s written approval prior to commencing work.
2. Pick up trash and recycle materials on and within 100’ around Premises and
provide for additional trash containers as needed. Trash and recycling
containers shall be emptied when they are no more than seventy-five percent
(75%) full, with trash and recycle materials placed in the appropriate trash or
recycle container bin. Additionally, recycle material shall be removed from
the liner and placed in the appropriate recycling bin. All recycle and trash
receptacles shall be installed with trash liners. Liners shall be supplied by
MPLL. Trash liners shall be black in color and 1.5 mill or better, and recycle
liners shall be clear, unless otherwise approved by the City.
2.3. Groom, drag, and rake infields and area within the pitching cage and
batting cage. MPLL agrees to hand rake the infields within eighteen (18)
inches of the infield grass line to prevent the build-up of a lip. MPLL shall
replace infield fill when necessary using an infield mix to be specified and
approved by City. Only white water-based acrylic paint, manufactured
specifically for marking lines on sports turf and athletic fields, may be used
on the turf. Athletic field paint may not contain calcium carbonate, vinyl
copolymers, herbicides, or pesticides. Only white field chalk, manufactured
specifically for marking lines on ballfields, may be used on the dirt portions of
the infield. Chalk may not contain any lime-based products, or other
chemicals known to cause skin and eye irritation.
3.4. Maintain grass infields using a seed mix specified and approved by
City.
4.5. Maintain base pegs, pitcher’s mounds, pitching rubbers, and home
plates.
5.6. Maintain backstops, and dug-outs, including fence material and dug-
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out covers.
6.7. MPLL may install a temporary fence around the outfield perimeter of
the north and south baseball diamond during the primary season. Said
temporary fence may be installed no earlier than February 1 and must be
removed no later than July 15, unless otherwise approved in writing by the
City Manager on his/her designee. Sleeves may not be used to secure said
fencing. Damaged fencing must be repaired or removed within seventy-two
(72) hours of notification that repair or removal is needed. Fencing must be
stored off Premises outside the primary season. Said temporary fence shall
be installed to the satisfaction of the City Representative and shall consist of
maximum 6’ height chain link panels with mechanically driven posts. Free
standing panels or panels with post bases shall not be allowed. Fence posts
shall be driven minimum 18” depth and shall be installed perpendicular to the
existing grade. Fence panels shall be clamped together with two clamps and
carriage bolts, one installed at the top of the fence and one at the bottom.
Carriage bolts shall be installed so that the rounded end of the bolt is facing
play. The nut end of the bolt shall be installed flush with the bolt, and shall
not extend further than ¼” beyond the nut. A poly cap shall be installed
along the top of the fence the entire length and strapped secure.”
7.8. Remove graffiti from fences (including temporary fences installed by
MPLL), backstops, and dugouts within seventy-two (72) hours of notification
to do so. All cleaning products used must be approved by City. If MPLL fails
to remove graffiti as described in this section, MPLL authorizes City to
remove graffiti and to charge the cost and expense of such removal to MPLL,
who agrees to pay the same upon demand.
8.9. MPLL previously installed batting cages at Premises. MPLL shall be
responsible for maintain batting cages as follows: Batting cages shall be
locked secure at the end of each day of use. Batting cage screen shall be
constructed with either 42# high density UV treated polyethylene (HDPE)
netting, 42# urethane treated nylon netting, or equal per City’s written
approval. Netting shall be installed secure, with tension ropes to minimize
sags. Netting sags shall not exceed 9”. Pitcher screens shall be constructed
with 2” O.D. powder coated tubing or galvanized tubing with 1 ¾” sq. double
sided mesh constructed of either 42# high density UV treated polyethylene
(HDPE) netting, 42# urethane treated nylon netting, or equal per City’s
written approval.
9.10. If MPLL desires more frequent mowing or a shorter grass height than
provided by City, MPLL may mMow turf areas from the infield up to the
temporary fence around the outfield perimeter.
10.11. Prior to erecting barricades, cones, or any other traffic control devices
on any public street or right-of-way, MPLL agrees to obtain an encroachment
permit from City.
B. City shall be responsible to perform the following:
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1. Irrigate, mow, fertilize, and aerate at City’s expense turf areas within Premises.
C. City and MPLL shall jointly:
1. Maintain backstops and dug-outs, including fence material.
2. Remove graffiti from permanent fences, backstops, and dugouts.
D. City shall not be obligated to repair, replace or maintain the Premises in any manner
throughout the term of this Agreement. City shall not be obligated to perform any
precautionary or preventative measures with respect to the Premises, including, but
not limited to drainage and flood control measures. Should City perform any of the
foregoing, such services shall be at the sole discretion of City, and the performance
of such services shall not be construed as an obligation or warranty by City of the
future or ongoing performance of such services. City shall determine maintenance
specifications.
C.E. City agrees to allow MPLL to access the field portion of Premises with no
more than two (2) vehicles for the specific purpose of setting up and taking down
equipment and preparing baseball fields only. Vehicles shall not exceed a gross
vehicle weight (GVW) of 5,400 pounds and may only include golf carts, utility
vehicles (“Gators”), or all-terrain vehicles (ATVs). Vehicles must be equipped with
turf tires. MPLL agrees not to use vehicles on the field whenever the ground is wet,
for whatever reason, without obtaining the City Manager’s or the City Manager’s
designee’s written approval. MPLL further agrees that only licensed drivers age
eighteen (18) or older may drive said vehicles. MPLL agrees to immediately report
to City any damage to Premises caused by use of vehicles on Premises. MPLL
further agrees to repair any damage caused by MPLL’s use of vehicles at MPLL’s
sole cost and expense to the satisfaction of the City. Except as described above,
use of any other vehicle on any area other than roadways and parking lots requires
the advance written approval of City.
14. Improvements
MPLL shall not make any alterations, additions, or improvements upon the Premises
without the prior written consent of the City Manager or the City Manager’s designee.
Requests to make alterations, additions, or improvements must be submitted to the City in
writing no less than fifteen (15) business days prior to the desired start date for work.
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
maintained at MPLL’s sole cost and expense in strict accord with all federal, state, county,
and local laws, ordinances, codes, and standards relating thereto, including ADA
requirements. Performance of work shall be subject to City monitoring and inspection. At
City’s sole discretion, work may be stopped if it does not conform to City specifications and
standards.
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Unless otherwise expressly agreed to in writing by the City Manager or the City Manager’s
designee, any alterations, additions, and improvements shall remain on and be
surrendered with the Premises upon the expiration or termination of this Agreement. MPLL
shall timely pay all costs associated with any and all improvements, and shall keep the
Premises free and clear of all mechanics liens. MPLL agrees to and shall indemnify,
defend, and save City free and harmless against all liability, loss, damage, costs, attorney
fees and other expenses of any nature resulting from any MPLL alterations, additions, or
improvements to the Premises.
If MPLL discontinues use of Premises for a period of eighteen (18) consecutive months, all
improvements to Premises not already owned by City shall become the property of the City
unless otherwise authorized by the City Manager or the City Manager’s designee in writing.
15. Amplified Sound
MPLL agrees not to use amplified sound without the prior written authorization of the City
Manager or the City Manager’s designee. MPLL agrees to abide by the provisions
regulating amplified sound as set forth in sections 12.16 (Parks and Open Space), and
17.53 (Noise), of the MMC.
16. Flammable Material, Waste, and Nuisances
MPLL agrees that it will not place or store any flammable materials on the Premises except
as described in Section 8 C, that it will not commit any waste or damage, nor suffer any to
be done. MPLL also specifically agrees that it will not allow others to take such actions on
the Premises. MPLL further agrees that it will keep the Premises clean, free from weeds,
rubbish, and debris and in a condition satisfactory to City.
MPLL shall also provide adequate controls for dust, odors, and noise which may emanate
from the Premises or from MPLL's activities on adjacent property and take appropriate
steps necessary to prevent dust contamination of City's facilities located on, near or
adjacent to the Premises. MPLL agrees to take preventative action to eliminate such dust,
odor, noise, or any other nuisance which may disturb the adjacent or nearby community
and agrees to be responsible for and to assume all liability for such dust, odor, noise, or
other nuisance disturbances. MPLL also agrees that it shall not use amplified sound or
field lighting on Premises for any reason, without the prior written consent of the City
Manager or the City Manager’s designee.
17. Pesticides and Herbicides
MPLL agrees that prior to any application of either pesticides or herbicides, it shall receive
written consent from City, and further any pesticide or herbicide applications on the
Premises shall be made in accordance with all federal, state, county, and local laws. MPLL
further agrees to dispose of any pesticides, herbicides, or any other toxic substances which
are declared to be either a health or environmental hazard in such a manner as prescribed
by law. This shall include, but shall not be limited to, contaminated containers, clothing,
equipment, or any other contaminated material.
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18. Hazardous Materials Indemnity
MPLL hereby agrees to indemnify and hold harmless City, and its respective officers,
employees, and agents, from and against any and all claims, actions, losses, liabilities,
costs and expenses: (a) including, without limitation, all foreseeable and all unforeseeable
consequential damages, directly or indirectly arising out of the use, generation, storage, or
disposal of Hazardous Material on the Premises by MPLL; and (b) including, without
limitation, the cost of any required or necessary repair, cleanup, or detoxification and the
preparation of any closure or other required plans, to the full extent that such action is
attributable, directly or indirectly, to the presence, or use, generation, storage, release,
threatened release, or disposal of Hazardous Materials on the Premises by MPLL. As
used in this Section, Hazardous Materials means any flammable explosives, radioactive
materials, asbestos, PCBs, hazardous water, toxic substances of related materials,
including, without limitation, substances, defined as "hazardous substances", "hazardous
materials", or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the
Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic
Substances Control Act, 15 USC, Section 2601, et seq.; any other federal, state, or local
law applicable to the Premises; and in the rules and regulations adopted or promulgated
under or pursuant to any of said laws. The provisions of this Section shall survive the
expiration or earlier termination of this Agreement.
19. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof,
and for the purpose of providing maintenance and making such repairs as City desires to
make.
20. Governing Law
MPLL agrees that in the exercise of its rights under this Agreement, MPLL shall comply
with all applicable federal, state, county, and local laws and regulations in connection with
its use of the Premises, including but not limited to the ADA. The existence, validity,
construction, operation, and effect of this Agreement and all of its terms and provisions
shall be determined in accordance with the laws of the state of California.
21. Discrimination
MPLL agrees not to discriminate against any person or class of persons by reason of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status of such person; or any
other basis protected by applicable federal, state, or local lawrace, ancestry, physical
disability, medical condition, marital status, gender, color, religious creed, or national origin
in the use of the Premises.
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22. Assignment and Subletting
MPLL shall not assign this Agreement, or any interest therein, and shall not assign use of
the Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any
other person (the agents and servants of MPLL excepted) to occupy or use the Premises,
or any portion thereof, without the prior written consent of the City Manager or the City
Manager’s designee. A consent to one assignment, subletting, occupation, or use by
another person shall not be deemed to be a consent to any subsequent assignment,
subletting, occupation, or use by another person. This Agreement shall not, nor shall any
interest therein, be assignable, as to the interest of MPLL, by operation of law, without the
written consent of the City Manager or the City Manager’s designee. Any assignment or
subletting without such consent shall be void, and shall, at the option of the City, terminate
this Agreement. No legal title or interest in Premises is created or vested in MPLL by this
Agreement.
23. Insolvency or Bankruptcy
If MPLL shall be adjudged bankrupt or insolvent, this Agreement shall thereupon
immediately terminate and the same shall not be assignable by any process of law, or be
treated as an asset of the MPLL under such adjudication, nor shall it pass under the control
of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or by
execution or assignment for the benefit of creditors. If any such event occurs, this
Agreement shall immediately become null and void and of no effect, and City may
thereupon repossess said Premises and all rights of the MPLL thereupon shall cease and
terminate.
24. Default or Breach
Except as otherwise provided, at any time one party to this Agreement is in default or
breach in the performance of any of the terms and conditions of this Agreement, the other
party shall give written notice to remedy such default or breach. If default or breach is
remedied within thirty (30) days following such notice, then this Agreement shall continue in
full force and effect. If such default or breach is not remedied within thirty (30) days
following such notice or if the nature of the default is such that it cannot reasonably be
cured within thirty (30) days, if MPLL fails to commence to cure within the thirty (30) day
period, the other party may, at its option, terminate this Agreement. Such termination shall
not be considered a waiver of damages or other remedies available to either party because
of such default or breach. Each term and condition of this Agreement shall be deemed to
be both a covenant and a condition.
25. Interpretation
Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed
that this Agreement was prepared by the parties jointly and equally, and shall not be
interpreted against either party on the ground that the party prepared the Agreement or
caused it to be prepared.
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26. Waiver
A waiver by either party or any default or breach by the other party in the performance of
any of the covenants, terms or conditions of this Agreement shall not constitute or be
deemed a waiver of any subsequent or other default or breach.
27. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
28. Condemnation
If the whole of the Premises should be taken by a public authority under the power of
eminent domain, then the term of this Agreement shall cease on the day of possession by
the public authority. If a part only of the Premises should be taken under eminent domain,
MPLL shall have the right to either terminate this Agreement or to continue in possession
of the remainder of the Premises. If MPLL remains in possession, all of the terms hereof
shall continue in effect, with the fees payable being reduced proportionately for the balance
of the Agreement term.
29. Remedies
In case of the failure or refusal of MPLL to comply with and perform each and all of the
terms and covenants on its part herein contained, this Agreement and all rights hereby
given shall, at the option of City, cease and terminate, and City shall have the right
forthwith to remove MPLL's personal property from the Premises at the sole cost, expense
and risk of MPLL, which cost and expense MPLL agrees to pay to City upon demand,
together with interest thereon at the maximum rate allowed by law, and use fees due to
date from the date of expenditure by City.
30. Attorney Fees
In case City shall bring suit to compel performance of or to recover for breach of any
covenant, agreement, or condition herein contained and such suit results in a judgment for
City, MPLL will pay to City attorney fees in addition to the amount of judgment.
31. Notices and Payments
All notices required under this Agreement including change of address shall be in writing,
and all notices and payments shall be made as follows:
All payments and notices to MPLL shall be given or mailed to MPLL at the address listed
below and addressed to the current MPLL Regional Commissioner. It is the responsibility
of MPLL to notify City when there has been a change with regard to the individual serving
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 Little League
Robin Hodge
P.O. Box 496
Moorpark, CA 93020
All payments and notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
32. Partial Invalidity
If any term, covenant, condition, or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
33. Gender and Number
For the purpose of this Agreement wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall include the
plural and the plural number shall include the singular, wherever the context so requires.
34. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to be
used in interpreting or construing the terms, covenants, and conditions of this Agreement.
35. Modification
This Agreement may be terminated, extended, or amended in writing by the mutual written
consent of the parties hereto. Such amendments may be executed by the City Manager
on behalf of the City.
36. Venue
This Agreement is made, entered into, executed in Ventura County, California, and any
action filed in any court for arbitration for the interpretation, enforcement or other action of
the terms, conditions or covenants referred to herein shall be filed in the applicable court in
Ventura County, California.
37. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
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previous negotiations and understandings between the parties. There are no
representations, warranties, or commitments, oral or written, other than those expressly set
forth herein.
38. Authority to Execute Agreement
The person executing this Agreement on behalf of MPLL warrants and represents that
he/she has the authority to execute this Agreement on MPLL’s behalf and has the authority
to bind MPLL to the terms of this Agreement.
IN WITNESS W HEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK MOORPARK LITTLE LEAGUE
_______________________________ _______________________________
Steven KuenyTroy Brown Robin Hodge
City Manager President
Attest:
_________________________________
Maureen Benson
City Clerk
Attachments: A: Premises
B: Insurance Requirements
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Attachment A
Premises
Ballfield 1 and 2 at Poindexter Park
Storage Room
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Attachment B
Insurance Requirements
MPLL shall secure, pay for, and maintain in full force and effect for the duration of this Agreement
a policy of comprehensive insurance as detailed below from a good and responsible company or
companies authorized to do insurance business in the State of California, with a Best Rating /
FPR of no less than A-. Policies shall bear an endorsement or shall have attached a rider whereby
it is provided that, in the event of amendment or cancellation of such policy for any reason
whatsoever, City shall be notified by registered mail, postage prepaid, return receipt requested,
not less than thirty (30) days before the amendment or cancellation is effective. MPLL shall furnish
a Certificate of Liability Insurance and Insurance Endorsement, subject to the City’s acceptance,
to the City within thirty (30) days ofprior to execution of this Agreement. MPLL agrees to have its
insurer endorse, to the satisfaction of the City, the third party general liability coverage required
herein to include as additional insureds the City of Moorpark and its officials, employees, and
agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement
attached thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to MPLL or
City.
B. Provide a minimum of $1,000,000.00 commercial general liability coverage, and shall be
written on an occurrence basis.
C. MPLL’s policy shall be considered primary insurance with respect to any other valid and
collectible insurance the City may possess, including any self-insured retention the City may
have, and any other insurance the City does possess shall be considered excess and shall not
contribute to it.
2. AUTO INSURANCE
If MPLL’s employees, volunteers, and contractors will use personal autos in any way during the
performance of this Agreement MPLL shall ensure the employees, volunteers, and contractors
maintain automobile insurance that meet, at minimum, current statutory requirements and provide
proof of this insurance to City, if requested.
3. WORKERS’ COMPENSATION INSURANCE
Workers’ Compensation Insurance, on a state-approved policy form providing statutory benefits
as required by law. MPLL shall furnish a Certificate of Insurance to the City within thirty (30) days
of execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrence
basis.
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK SOCCER CLUB, INC. FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
2018, between the CITY OF MOORPARK, a municipal corporation located in the County of
Ventura, State of California, hereinafter referred to as "City" and MOORPARK SOCCER
CLUB, INC., a nonprofit organization, hereinafter referred to as "MSC".
W I T N E S S E T H:
WHEREAS, youth sports programs are a valuable asset to the Moorpark
community; and
WHEREAS, MSC provides soccer programs for the youth of the Moorpark
community; and
WHEREAS, MSC desires to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation of facility
use agreements for Moorpark nonprofit youth sports organizations in order to provide
special conditions, priority use, and reduced use fees to the youth sports organizations.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises contained herein, the parties hereto agree as follows:
1. Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to MSC, and MSC hereby accepts from City,
the use of certain real property and associated facilities and equipment at Campus Canyon
Park, hereinafter “CCP”, and Arroyo Vista Community Park, hereinafter “AVCP,” including
the following, as described below and in Attachment "A" attached hereto and by this
reference incorporated herein, together with any and all improvements thereon, all of which
are hereinafter referred to as the "Premises" for the following use periods:
A. During all use periods including the fall season, spring season, and other use
periods including but not limited to training clinics, camps, and advanced,
specialized, or year-round team practices not associated with a specific season, the
athletic field at CCP and the outfield portion and adjacent turf area of the ballfield,
equivalent to an athletic field, at CCP. The fall season may start no earlier than
August 1 and conclude no later than December 31. The spring season may start no
earlier than February 1 and conclude no later than May 31.
Actual fields allocated may be less than described above, and shall be governed by
the “Moorpark Parks and Recreation Master Plan” standard field allocations for
games. Said allocations for soccer shall be one (1) field per twelve (12) teams. One
(1) City athletic field shall be counted as one (1) to four (4) league fields, dependent
on the size of the field required for the age group. Fields allocated shall not exceed
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the following ratio:
One (1) athletic field for every twenty-four (24) teams in U10 Division and under.
One (1) athletic field for every twelve (12) teams in U12 Division and over.
At City’s sole discretion, other fields may be temporarily assigned to MSC if all, or a
portion of, fields listed above are not available due to closure for maintenance or use
by City for its own programs.
B. Outfield portion and adjacent turf area of the ballfield, equivalent to an athletic field,
at CCP.
CB. For up to three (3) tournaments per calendar year, up to ten (10) athletic fields and
four (4) ball field outfields at Arroyo Vista Community Park (AVCP). Each tournament
may not exceed two (2) weekends or four (4) total days. Weekends for each
tournament must be consecutive, unless facilities are not available due to City use,
holidays, maintenance, or other rental use. Tournament use is subject to availability
of fields, and may not interfere with American Youth Soccer Organization Region
363, Moorpark Girls Softball, or Moorpark Packers dba Moorpark Musketeers Youth
Football use of Premises as identified in their respective Agreements. Athletic fields
1, 2, 3, 4, 5, 6, 7, and 8, the practice football field and football field, and outfield
portions of ballfields 1, 2, 3, and 4 at AVCP (for tournaments only).
Actual fields allocated may be less than described above, and shall be governed by the
“Moorpark Parks and Recreation Master Plan” standard field allocations for games. Said
allocations for soccer shall be one (1) field per twelve (12) teams. One (1) City athletic field
shall be counted as one (1) to four (4) league fields, dependent on the size of the field
required for the age group. At City’s sole discretion, other fields may be temporarily
assigned to MSC if all, or a portion of, fields listed above are not available due to closure
for maintenance or use by City for its own programs.
For use of City facilities beyond or other than described above, MSC agrees to obtain a
park rRental permit Permit and pay rental fees as described in the current Park Rental
Rules and Park Rental Fees Resolution.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 20152018,
and ending on June 30, 20182021, provided however, that City's obligations hereunder
shall be contingent upon MSC's payment in full of all use and related fees and fulfillment of
all obligations as set forth in this Agreement.
This Agreement may be terminated by either party with or without cause by providing
written notice no less than thirty (30) days in advance of such termination.
3. Use Fees
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MSC agrees to pay the City Use Fees for the Premises as follows:
A. Hourly Use use Fees fees for Sports Ffields for facilities as described in Section 1s
A and , B, and C of this Agreement:
Year 1 (use between July 1, 2015, and June 30, 2016):
$78.75.00/hour for athletic fields
$56.00/hour for softball/baseball fields or open grass areas
Year 2 (use between July 1, 2016, and June 30, 2017):
$8.00/hour for athletic fields
$5.50/hour for softball/baseball fields
Year 3 (use between July 1, 2017, and June 30, 2018):
$8.00/hour for athletic fields
$5.50/hour for softball/baseball fields
B. Non-resident Fee: Single Family Equivalent park assessment per family, for children
registered in the league who reside outside of Moorpark city limits. The fee shall be
paid once per fiscal year per family. In the event a child, or his/her sibling(s),
participate in two or more youth sports organizations with approved facility use
agreements, the non-resident fee shall be equally divided among said youth sports
organizations.
MSC shall submit a registration roster, including names of non-resident participants,
and street addresses and zip codes of all participants (both resident and non-
resident), registered in the program within five (5) business days of the close of
registration for each use period for the purpose of verifying, assessing, and tracking
non-resident fees and ensuring compliance with minimum participant and residency
requirements. Rosters shall be submitted via email to the Recreation Division
manager in Excel workbook format.
City shall calculate non-resident fees due no later than May 30 of each year. MSC
shall be notified in writing of non-resident fees due no later than June 1. Non-
resident fees must be paid in full no later than June 25. Non-resident Fee: Single
Family Equivalent park assessment per family, for children registered in the league
who reside outside of Moorpark city limits. The fee shall be paid once per fiscal year
per family. MSC shall submit a registration roster, including names of non-resident
participants, and street addresses and zip codes of all participants (both resident
and non-resident), registered in the program within thirty (30) days of the start of
each season for the purpose of verifying, assessing, and tracking non-resident fees
paid. Rosters shall be returned to MSC after review and recording of non-resident
participants. Non-resident fees shall be payable within thirty (30) days of notification
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by City of amount due. City shall reconcile non-resident fees paid thirty (30)
calendar days prior to the end of each fiscal year. In the event MSC paid to City
more than one non-resident fee per family for the fiscal year, City shall refund to
MSC any overpayment of the non-resident fee. In the event two (2) or more
organizations paid non-resident fees to City for the same family, the overpayment of
fees shall be divided equally among those organizations and refunded.
B.C. Staff Fees: Staff fees as described in the current City Council Park Rental
FeesStaff Billing Rates Resolution, as may be amended from time to time, for
monitoring of and maintenance during tournaments. Staff fees shall be paid for the
duration of the tournament.
C. Fees shall be charged and payable as defined in the Park Rental Fees Resolution
for all other uses, including use of field lights.
Fees for use under the Agreementof the Premises must be paid in accordance with the
following schedule. Failure to pay fees when due will result in the denial or cancelation of
the Rental Ppermit for use under the Agreement:
A. $100 due at time of submission of Reservation Requestapplication.
B. 50% payment due within five (5) business days of issuance of approved Rental
Ppermit for seasonal use, full payment due within five (5) business days of issuance
of permit for tournaments or other use.
C. Balance of payment due within ten (10) business days of start of season for
seasonal use.
The City may adjust the Use Fees, referenced in this section on or before the beginning of
the new fiscal year, commencing on July 1 and ending June 30, by giving MSC written
notice by April 1.
Fees other than those specifically described above shall be charged and payable as
defined in the Park Rental Fees Resolution. This includes, but is not limited to, permit
application fees, vendor fees, security deposits, cancellation fees, refund processing fees,
and fees for use of City facilities other than Premises.
4. Refunds or Credits for Use Fees
Use Fees paid may be refunded or credited under the following conditions:
A. The Premises are unusable due to inclement weather (temperatures below 45°F or
above 95°F, active precipitation, winds in excess of thirty (30) miles-per-hour, or
heavy fog), or conditions exist (as determined by City Manager or the City
Manager’s designee) which make the Premises unusable, such as water saturated
fields. MSC may also reschedule the canceled date, within the time frames and
maximum use allowed by this Agreement.
B. A request for cancellation for a date or dates reserved and paid for under the
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Agreement is received thirty (30) calendar days or more in advance of the
scheduled date or dates.
For requests for cancellations received between twenty-nine (29) and five (5) calendar
days prior to the scheduled date, MSC may reschedule the canceled date, within the time
frames and maximum use allowed by this Agreement.
No refunds or credits will be issued for requests for cancellations received less than five (5)
calendar days in advance, and the canceled date or dates may not be rescheduled.
5. Use
The Premises shall be used for MSC’s authorized games, practices, and training sessions.
The Premises shall be used as specified in this Agreement only, and shall not be used for
any other purpose without the prior written consent of the City Manager or the City
Manager’s designee.
Use under this Agreement is limited to a maximum of forty-two (42) total weeks per
calendar year, plus three (3) annual tournaments. Each tournament may not exceed two
(2) weekends or four (4) total days. Weekends for each tournament must be consecutive,
unless facilities are not available due to City use, maintenance, holidays, or other rental
use. Tournament use is subject to availability of fields, and may not interfere with
American Youth Soccer Organization, Moorpark Girls Softball, or Moorpark Musketeers
Youth Football use of Premises as identified in their respective Agreements.
For use of City facilities beyond the time frames described above, MSC agrees to obtain a
park rental permit and pay rental fees as descried in the current Park Rental Fees
Resolution.
A schedule of times and days requested for reservation for games and practicesuse of
Premises (Reservation Request) shall be furnished to the Parks and Recreation Director
(PR Director) or the PR Director designee for the City’s approval at least thirty (30)
calendar days prior to the start of the season or tournament.as follows:
A. Fall season: On or before July 15. Fields not requested for reservation by MSC for
the fall season by this date will be available to the public and MSC will not have
priority use of them.
B. Spring season: On or before January 15. Fields not requested for reservation by
MSC for the spring season by this date will be available to the public and MSC will
not have priority use of them.
C. Tournaments: At least sixty (60) calendar days prior to the first day of tournament
play.
D. All other use: At least thirty (30) calendar days prior to the start of the use period.
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The schedule Reservation Request must be provided on the “Park Facility Reservation
Application Youth Sports Organizations” form for seasonal use, and on the “Tournament
Reservation Application” form for tournaments. A separate Reservation Request must be
submitted for each use period (including fall season, spring season, all-stars, tournaments,
training clinics, camps, and other use periods.)
Reservation Requests not submitted by the above stated deadlines, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation Requests submitted after the above stated deadlines will forfeit priority use
over other renters, will not be eligible for the reduced hourly field Use Fees as described in
3.A. of this Agreement, and will be processed and fees charged in accordance with the
Park Rental Rules and Park Rental Fees Resolutions.
Schedules submitted less than thirty (30) calendar days in advance, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation requests submitted less than thirty (30) days in advance will be processed and
fees charged in accordance with the Park Rental Rules and Park Rental Fees Resolutions.
The City shall provide MSC with an approved Rental Permit based on each Reservation
Request detailing the dates and times MSC is authorized to use Premises. Requested
Cchanges to the schedule approved Rental Permit must be submitted to City in writing. All
requested changes must be approved by City.
At all times, City retains the right to use Premises for City sponsored and co-sponsored
events upon no less than thirty (30) days written notice to MSC.
The general public shall have access to and use of Premises at times not included in the
approved Rental Permit. MSC shall not have priority use of Premises outside of the
approved Rental Permit.
6. General Conditions
A. In order to retain rights under this agreement, MSC shall maintain status as a 501
(c) (3) nonprofit corporation chartered within the City of Moorpark. MSC agrees to
provide City with proof of nonprofit status and a certified accounting of its financial
status each year.
The annual financial accounting shall include: 1) a budget summary of actual
revenue and expenditures from MSC’s prior fiscal year; 2) a budget summary of
estimated revenue and expenditures for MSC’s current fiscal year; and 3) a bank
statement or account summary to verify information provided in budgets. The
financial accounting and proof on nonprofit status shall be submitted with the “Youth
Sports Organization Information Sheet” on or before January 15 of each year.
B. In order to retain rights under this Agreement, MSC must register and maintain a
minimum of seventy-five (75) players. Additionally, a minimum of eighty seventy-five
percent (8075%) of participants must reside within Moorpark city limits. MSC shall
provide City with a registration rosters as described in 3 C of this Agreement.,
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including street addresses and zip codes, of participants registered in the program
for the purpose of verifying minimum player and residency requirements. Rosters
shall be returned to MSC after review by City. In lieu of a printed roster, MSC may
provide City staff with access to their registration data base. Rosters and/or data
base access shall be provided to City within five (5) business days of the close of
registration for each season, and with the submission of the “Youth Sports
Organization Information Sheet.”
C. MSC shall submit annually to the City a completed “Youth Sports Organization
Information Sheet,” the form of which shall be as provided by the City. The
information sheet for each calendar year shall be submitted no later than January
15.
D. MSC shall submit to City a Certificate of Authorized Signatories, with names and
signatures of those authorized to sign documents on behalf of MSC. A new form
shall be submitted any time the list of authorized signatories changes.
E. MSC agrees to obtain a rRental Ppermit and pay rental fees as required by section
12.16.160 of the Moorpark Municipal Code (MMC) for all use of City facilities not
included in the “Premises” and “Use” sections of this Agreement. MSC further
agrees to notify all coaches and participants of the City’s rules and regulations
governing City park rentals, and shall prohibit any coach or participant from
interfering with a permitted park rental.
7. Wet Field Policy
MSC agrees to abide by the terms of the Wet Field Policy as described in the Rules and
Regulations Governing City Park Rentals Resolution, as may be amended from time to
time, to preserve the quality and life of the fields and promote a safe playing environment.
The Wet Field Policy applies to conditions due to precipitation, over-watering, and/or
irrigation system problems, or other circumstances that may result in wet fields.. When
fields are sufficiently wet such that their use may lead to turf damage or bodily injury, they
will be closed to all use at the City Manager’s or the City Manager’s designee’s sole
discretion.
Fields are closed under the following conditions:
A. Rain (with the exception of light drizzle if the ground is relatively hard and dry prior
to the start of the drizzle).
B. Standing water/ponding or mud is present.
C. Water gathers around the sole of a shoe.
D. Footprints leave an impression in the turf.
E. Other conditions deemed unsuitable for recreational activities as determined by the
City Manager or the City Manager’s designee.
8. Signs
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MSC agrees not to permit the construction or placement of any sign, signboard, or other
form of outdoor advertising on the Premises without the prior written consent of the City
Manager or the City Manager’s designee. In the event of a violation of this provision by
MSC or any one claiming under MSC, MSC hereby authorizes City as MSC's Agent, to
remove and dispose of any such sign, signboard, or other advertising, and to charge the
cost and expense of any such removal and disposal to MSC who agrees to pay the same
upon demand.
This provision does not prohibit the use of identification banners for individual teams and
sponsors, which may be displayed during games and shall be removed following the end of
each game.
MSC further agrees to abide by the City’s Sign Ordinance regarding the placement of signs
at any location other than Premises.
9. Vendors
Vendors are not permitted without the prior written authorization of the City Manager or the
City Manager’s designee. Vendors are subject to the following conditions:
A. Vendors must complete the City’s vendor application form.
B. Vendors must be self-contained.
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the American with Disabilities Act (ADA).
Vendors must have a current Moorpark business registration permit as required by
MMC 5.08 (Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
MSC must pay to the City vendor fees as described in the current Park Rental Fees
resolution.
a fee of twenty-five dollars ($25.00) per vendor per day.
10. Indemnification and Hold Harmless
MSC hereby agrees to hold harmless and indemnify City, its officials, agents, and
employees, and its successors and assigns, from and against all claims, loss, damage,
actions, causes of actions, expense (including costs of fees and expenses for legal
services) and/or liability arising or growing out of loss or damage or destruction to property,
including City's own personal property, or injury to or death of persons, including
employees of City, resulting in any manner whatsoever directly or indirectly, by reason of
this Agreement or the use of City facilities by MSC or any person claiming use under or
through MSC unless such loss, damage, injury, or death is due to the sole negligence of
the City. MSC shall also hold the City harmless from all costs and expenses, including
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costs of investigation arising out of or incurred in the defense of any claim, proceeding, or
action brought for injury to persons or damage to property, resulting from or associated
with the use of City facilities under this Agreement and shall further save and hold
harmless the City from any and all orders, judgments, and decrees which may be entered
in any and all such suit or actions. MSC and all others using said facilities under this
Agreement hereby waive any and all claims against the City of damage to persons or
property in, or about City facilities.
The City does not, and shall not, waive any rights that it may have against MSC by reason
of this Section, because of the acceptance by the City, or the deposit with the City, of any
insurance policy or certificate required pursuant to this Agreement. Said hold harmless
and indemnification provision shall apply regardless of whether or not said insurance
policies are determined to be applicable to the claim, demand, damage, liability, loss, cost
or expense described in this Section. The provisions of this Section shall survive the
expiration or termination of this Agreement. The provisions of this Section shall apply to all
use of City facilities by MSC pursuant to this Agreement. Failure of City to monitor
compliance with requirement set forth in this Agreement imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11. Liability Insurance
MSC shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Attachment “B” attached hereto and incorporated
herein by this reference as though set forth in full. The provisions of this Section shall apply
to all use of City facilities by MSC pursuant to this Agreement.
12. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be
done at City’s sole discretion and shall be performed by City force account or by City’s
authorized agent unless approved by City Manager or the City Manager’s designee in
writing. All maintenance authorized to be performed by MSC shall adhere to City
specifications and standards.
City agrees to allow MSC to access the field portion of Premises with no more than two (2)
vehicles for the specific purpose of setting up and taking down soccer equipment only.
MSC agrees not to use vehicles on the field whenever the ground is wet, for whatever
reason, without obtaining City’s written approval. MSC also agrees that vehicles it uses for
this purpose shall not exceed a gross vehicle weight (GVW) of 5,400 pounds. MSC further
agrees that only licensed drivers age sixteen (16) or older may drive said vehicles. MSC
agrees to immediately report to City any damage to Premises caused by use of vehicles on
Premises. MSC further agrees to repair any such damage at MSC’s sole cost and expense
to the satisfaction of the City.
A. During use under this Agreement, MSC shall be responsible to perform the following
maintenance on Premises at MSC’s sole cost and expense:
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1. Mark soccer field lines using only an approved water-based acrylic paint,
manufactured specifically for marking lines on sports turf and athletic fields.
Athletic field paint may not contain calcium carbonate, vinyl copolymers,
herbicides (including growth inhibitors), or pesticides.
2. Maintain, install, and secure, and properly anchor soccer goals in a manner
and location as approved in writing by City Manager or the City Manager’s
designee. Nets and goals shall be free from defects, and in good working
condition. Nets and goals shall be maintained, repaired, and/or replaced as
needed at MSC’s sole cost and expense. Nets or goals in need of repair
shall be removed from play, locked, and stored until repaired. Prior to use,
goals shall be properly secured anchored to the ground with mounting
hardware supplied or approved by the goal manufacturer. MSC shall attempt
to vary the placement of the goals periodically to maintain the integrity of the
turf and shall consult with City to identify mutually agreeable locations prior to
installation (field layout approval). Goals shall be secured and stored at a
location on Premises mutually agreed upon in writing by MSC and City when
not in active use for games or practices. Goals and nets may be placed the
night before for morning games or practices beginning earlier than 11:00
a.m. Goals may be placed no earlier than two hours prior to the start of a
game or practice for games or practices starting at 11:00 a.m. or later. Goals
must be stored no later than two hours after the conclusion of a game or
practice.
3. Pick up trash and recycle materials on and within 100’ around Premises and
provide for additional trash containers as needed. Trash and recycling
containers shall be emptied when they are no more than seventy-five percent
(75%) full, with trash and recycle materials placed in the appropriate trash or
recycle container bin. Additionally, recycle material shall be removed from
the liner and placed in the appropriate recycling bin. All recycle and trash
receptacles shall be installed with trash liners. Liners shall be supplied by
MSC. Trash liners shall be black in color and 1.5 mill or better, and recycle
liners shall be clear, unless otherwise approved by the City.
4.3.
5.4. Remove graffiti from goals within seventy-two (72) hours of notification
to do so. All cleaning products used must be approved by City. If MSC fails
to remove graffiti as described in this section, MSC authorizes City to remove
graffiti and to charge the cost and expense of such removal to MSC, who
agrees to pay the same upon demand.
6.5. MSC shall remove their goals from Premises after each season for
storage at a location on Premises mutually agreed upon in writing by MSC
and City.
B. City shall be responsible to perform the following:
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1. Irrigate, mow, fertilize, and aerate at City’s expense turf areas within
Premises.
C. City shall not be obligated to repair, replace or maintain the Premises in any manner
throughout the term of this Agreement. City shall not be obligated to perform any
precautionary or preventative measures with respect to the Premises, including, but
not limited to drainage and flood control measures. Should City perform any of the
foregoing, such services shall be at the sole discretion of City, and the performance
of such services shall not be construed as an obligation or warranty by City of the
future or ongoing performance of such services. City shall determine maintenance
specifications.
D. City agrees to allow MSC to access the field portion of Premises with no more than
two (2) vehicles for the specific purpose of setting up and taking down equipment
only. Vehicles shall not exceed a gross vehicle weight (GVW) of 5,400 pounds and
may only include golf carts, utility vehicles (“Gators”), or all-terrain vehicles (ATVs).
Vehicles must be equipped with turf tires. MSC agrees not to use vehicles on the
field whenever the ground is wet, for whatever reason, without obtaining the City
Manager’s or the City Manager’s designee’s written approval. MSC further agrees
that only licensed drivers age eighteen (18) or older may drive said vehicles. MSC
agrees to immediately report to City any damage to Premises caused by use of
vehicles on Premises. MSC further agrees to repair any damage caused by MSC’s
use of vehicles at MSC’s sole cost and expense to the satisfaction of the City.
Except as described above, use of any other vehicle on any area other than
roadways and parking lots requires the advance written approval of City.
13. Improvements
MSC shall not make any alterations, additions, or improvements upon the Premises without
the prior written consent of the City Manager or the City Manager’s designee. Requests to
make alterations, additions, or improvements must be submitted to the City in writing no
less than fifteen (15) business days prior to the desired start date for work.
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
maintained at MSC’s sole cost and expense in strict accord with all federal, state, county,
and local laws, ordinances, codes, and standards relating thereto, including ADA
requirements. Performance of work shall be subject to City monitoring and inspection. At
City’s sole discretion, work may be stopped if it does not conform to City specifications and
standards.
Unless otherwise expressly agreed to in writing by the City Manager or the City Manager’s
designee, any alterations, additions, and improvements shall remain on and be
surrendered with the Premises upon the expiration or termination of this Agreement. MSC
shall timely pay all costs associated with any and all improvements, and shall keep the
Premises free and clear of all mechanics liens. MSC agrees to and shall indemnify,
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defend, and save City free and harmless against all liability, loss, damage, costs, attorney
fees and other expenses of any nature resulting from any MSC alterations, additions, or
improvements to the Premises.
If MSC discontinues use of Premises for a period of eighteen (18) consecutive months, all
improvements to Premises not already owned by City shall become the property of the City
unless otherwise authorized by the City Manager or the City Manager’s designee in writing.
14. Amplified Sound
MSC agrees not to use amplified sound without the prior written authorization of the City
Manager or the City Manager’s designee. MSC agrees to abide by the provisions
regulating amplified sound as set forth in sections 12.16 (Parks and Open Space), and
17.53 (Noise), of the MMC.
15. Flammable Material, Waste, and Nuisances
MSC agrees that it will not place or store any flammable materials on the Premises, that it
will not commit any waste or damage, nor suffer any to be done. MSC also specifically
agrees that it will not allow others to take such actions on the Premises. MSC further
agrees that it will keep the Premises clean, free from weeds, rubbish, and debris and in a
condition satisfactory to City.
MSC shall also provide adequate controls for dust, odors, and noise which may emanate
from the Premises or from MSC's activities on adjacent property and take appropriate
steps necessary to prevent dust contamination of City's facilities located on, near or
adjacent to the Premises. MSC agrees to take preventative action to eliminate such dust,
odor, noise, or any other nuisance which may disturb the adjacent or nearby community
and agrees to be responsible for and to assume all liability for such dust, odor, noise, or
other nuisance disturbances. MSC also agrees that it shall not use amplified sound or field
lighting on Premises for any reason, without the prior written consent of the City Manager
or the City Manager’s designee.
16. Pesticides and Herbicides
MSC agrees that prior to any application of either pesticides or herbicides, it shall receive
written consent from City, and further any pesticide or herbicide applications on the
Premises shall be made in accordance with all federal, state, county, and local laws. MSC
further agrees to dispose of any pesticides, herbicides, or any other toxic substances which
are declared to be either a health or environmental hazard in such a manner as prescribed
by law. This shall include, but shall not be limited to, contaminated containers, clothing,
equipment, or any other contaminated material.
17. Hazardous Materials Indemnity
MSC hereby agrees to indemnify and hold harmless City, and its respective officers,
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employees, and agents, from and against any and all claims, actions, losses, liabilities,
costs and expenses: (a) including, without limitation, all foreseeable and all unforeseeable
consequential damages, directly or indirectly arising out of the use, generation, storage, or
disposal of Hazardous Material on the Premises by MSC; and (b) including, without
limitation, the cost of any required or necessary repair, cleanup, or detoxification and the
preparation of any closure or other required plans, to the full extent that such action is
attributable, directly or indirectly, to the presence, or use, generation, storage, release,
threatened release, or disposal of Hazardous Materials on the Premises by MSC. As used
in this Section, Hazardous Materials means any flammable explosives, radioactive
materials, asbestos, PCBs, hazardous water, toxic substances of related materials,
including, without limitation, substances, defined as "hazardous substances", "hazardous
materials", or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the
Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic
Substances Control Act, 15 USC, Section 2601, et seq.; any other federal, state, or local
law applicable to the Premises; and in the rules and regulations adopted or promulgated
under or pursuant to any of said laws. The provisions of this Section shall survive the
expiration or earlier termination of this Agreement.
18. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof, and
for the purpose of providing maintenance and making such repairs as City desires to make.
19. Governing Law
MSC agrees that in the exercise of its rights under this Agreement, MSC shall comply with
all applicable federal, state, county, and local laws and regulations in connection with its
use of the Premises, including but not limited to the ADA. The existence, validity,
construction, operation, and effect of this Agreement and all of its terms and provisions
shall be determined in accordance with the laws of the state of California.
20. Discrimination
MSC agrees not to discriminate against any person or class of persons by reason of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status of such person; or any
other basis protected by applicable federal, state, or local lawrace, ancestry, physical
disability, medical condition, marital status, gender, color, religious creed, or national origin
in the use of the Premises.
21. Assignment and Subletting
MSC shall not assign this Agreement, or any interest therein, and shall not assign use of
the Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any
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other person (the agents and servants of MSC excepted) to occupy or use the Premises, or
any portion thereof, without the prior written consent of the City Manager or the City
Manager’s designee. A consent to one assignment, subletting, occupation, or use by
another person shall not be deemed to be a consent to any subsequent assignment,
subletting, occupation, or use by another person. This Agreement shall not, nor shall any
interest therein, be assignable, as to the interest of MSC, by operation of law, without the
written consent of the City Manager or the City Manager’s designee. Any assignment or
subletting without such consent shall be void, and shall, at the option of the City, terminate
this Agreement. No legal title or interest in Premises is created or vested in MSC by this
Agreement.
22. Insolvency or Bankruptcy
If MSC shall be adjudged bankrupt or insolvent, this Agreement shall thereupon
immediately terminate and the same shall not be assignable by any process of law, or be
treated as an asset of the MSC under such adjudication, nor shall it pass under the control
of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or by
execution or assignment for the benefit of creditors. If any such event occurs, this
Agreement shall immediately become null and void and of no effect, and City may
thereupon repossess said Premises and all rights of the MSC thereupon shall cease and
terminate.
23. Default or Breach
Except as otherwise provided, at any time one party to this Agreement is in default or
breach in the performance of any of the terms and conditions of this Agreement, the other
party shall give written notice to remedy such default or breach. If default or breach is
remedied within thirty (30) days following such notice, then this Agreement shall continue in
full force and effect. If such default or breach is not remedied within thirty (30) days
following such notice or if the nature of the default is such that it cannot reasonably be
cured within thirty (30) days, if MSC fails to commence to cure within the thirty (30) day
period, the other party may, at its option, terminate this Agreement. Such termination shall
not be considered a waiver of damages or other remedies available to either party because
of such default or breach. Each term and condition of this Agreement shall be deemed to
be both a covenant and a condition.
24. Interpretation
Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed
that this Agreement was prepared by the parties jointly and equally, and shall not be
interpreted against either party on the ground that the party prepared the Agreement or
caused it to be prepared.
25. Waiver
A waiver by either party or any default or breach by the other party in the performance of
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any of the covenants, terms or conditions of this Agreement shall not constitute or be
deemed a waiver of any subsequent or other default or breach.
26. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
27. Condemnation
If the whole of the Premises should be taken by a public authority under the power of
eminent domain, then the term of this Agreement shall cease on the day of possession by
the public authority. If a part only of the Premises should be taken under eminent domain,
MSC shall have the right to either terminate this Agreement or to continue in possession of
the remainder of the Premises. If MSC remains in possession, all of the terms hereof shall
continue in effect, with the fees payable being reduced proportionately for the balance of
the Agreement term.
28. Remedies
In case of the failure or refusal of MSC to comply with and perform each and all of the
terms and covenants on its part herein contained, this Agreement and all rights hereby
given shall, at the option of City, cease and terminate, and City shall have the right
forthwith to remove MSC's personal property from the Premises at the sole cost, expense
and risk of MSC, which cost and expense MSC agrees to pay to City upon demand,
together with interest thereon at the maximum rate allowed by law, and use fees due to
date from the date of expenditure by City.
29. Attorney Fees
In case City shall bring suit to compel performance of or to recover for breach of any
covenant, agreement, or condition herein contained and such suit results in a judgment for
City, MSC will pay to City attorney fees in addition to the amount of judgment.
30. Notices and Payments
All notices required under this Agreement including change of address shall be in writing,
and all notices and payments shall be made as follows:
All payments and notices to MSC shall be given or mailed to MSC at the address listed
below and addressed to the current MSC Regional Commissioner. It is the responsibility of
MSC to notify City when there has been a change with regard to the individual serving as
Regional Commissioner and to provide the City with name, address, and 24-hour contact
phone number of the new Commissioner.
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Moorpark Soccer Club, Inc.
President
P.O. Box 373
Moorpark, CA 93020
All payments and notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
31. Partial Invalidity
If any term, covenant, condition, or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
32. Gender and Number
For the purpose of this Agreement wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall include the
plural and the plural number shall include the singular, wherever the context so requires.
33. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to be
used in interpreting or construing the terms, covenants, and conditions of this Agreement.
34. Modification
This Agreement may be terminated, extended, or amended in writing by the mutual written
consent of the parties hereto. Such amendments may be executed by the City Manager
on behalf of the City.
35. Venue
This Agreement is made, entered into, executed in Ventura County, California, and any
action filed in any court for arbitration for the interpretation, enforcement or other action of
the terms, conditions or covenants referred to herein shall be filed in the applicable court in
Ventura County, California.
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36. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous negotiations and understandings between the parties. There are no
representations, warranties, or commitments, oral or written, other than those expressly set
forth herein.
37. Authority to Execute Agreement
The person executing this Agreement on behalf of MSC warrants and represents that
he/she has the authority to execute this Agreement on MSC’s behalf and has the authority
to bind MSC to the terms of this Agreement.
IN WITNESS W HEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK MOORPARK SOCCER CLUB, INC.
_______________________________ _______________________________
Steven KuenyTroy Brown Frank Paletta
City Manager President
Attest:
_________________________________
Maureen Benson
City Clerk
Attachments: A: Premises
B: Insurance Requirements
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Attachment A
Premises
Campus Canyon Park
Athletic Field
Outfield and adjacent turf
Tournaments:
Arroyo Vista
Community Park
Up to 10 athletic
fields and 4 ball
field outfields
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Attachment B
Insurance Requirements
MSC shall secure, pay for, and maintain in full force and effect for the duration of this Agreement a
policy of comprehensive insurance as detailed below from a good and responsible company or
companies authorized to do insurance business in the State of California, with a Best Rating / FPR
of no less than A-. Policies shall bear an endorsement or shall have attached a rider whereby it is
provided that, in the event of amendment or cancellation of such policy for any reason whatsoever,
City shall be notified by registered mail, postage prepaid, return receipt requested, not less than
thirty (30) days before the amendment or cancellation is effective. MSC shall furnish a Certificate of
Liability Insurance and Insurance Endorsement, subject to the City’s acceptance, to the City within
thirty (30) days ofprior to execution of this Agreement. MSC agrees to have its insurer endorse, to
the satisfaction of the City, the third party general liability coverage required herein to include as
additional insureds the City of Moorpark and its officials, employees, and agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached
thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to MSC or City.
B. Provide a minimum of $1,000,000.00 per occurrence with a minimum of $2,000,000
aggregate commercial general liability coverage, and shall be written on an occurrence basis.
C. MSC’s policy shall be considered primary insurance with respect to any other valid and
collectible insurance the City may possess, including any self-insured retention the City may
have, and any other insurance the City does possess shall be considered excess and shall not
contribute to it.
2. AUTO INSURANCE
Business Auto Coverage, on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any
Auto), or the exact equivalent. Limits are subject to review, but in no event to be less than
$1,000,000.00 per accident. If MSC owns no vehicles, this requirement may be satisfied by a non-
owned auto endorsement to the general liability policy described above. If MSC or MSC’s
employees, participants, associates, or volunteers will use personal autos in any way during the
performance of this Agreement, MSC shall provide evidence of personal auto liability for each such
person.
3. WORKERS’ COMPENSATION INSURANCE Workers’ Compensation Insurance, on a state-approved policy form providing statutory benefits as
required by law. MSC shall furnish a Certificate of Insurance to the City within thirty (30) days of
execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrence
basis.
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
MOORPARK PACKERS, DBA MOORPARK MUSKETEERS YOUTH FOOTBALL,
FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
20152018, between the CITY OF MOORPARK, a municipal corporation located in the
County of Ventura, State of California, hereinafter referred to as "City" and MOORPARK
PACKERS, a nonprofit organization, DBA MOORPARK MUSKETEERS YOUTH
FOOTBALL, hereinafter referred to as "MUSKETEERS".
W I T N E S S E T H:
WHEREAS, youth sports programs are a valuable asset to the Moorpark
community; and
WHEREAS, MUSKETEERS provides football programs for the youth of the
Moorpark community; and
WHEREAS, MUSKETEERS desires to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation of facility
use agreements for Moorpark nonprofit youth sports organizations in order to provide
special conditions, priority use, and reduced use fees to the youth sports organizations.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises contained herein, the parties hereto agree as follows:
1. Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to MUSKETEERS, and MUSKETEERS
hereby accepts from City, the use of certain real property and associated facilities and
equipment at Arroyo Vista Community Park, hereinafter “AVCP”, including the following,
as described below and in Attachment "A" attached hereto and by this reference
incorporated herein, together with any and all improvements thereon, all of which are
hereinafter referred to as the "Premises" for the following use periods:
A. During the fall season, athletic fields #4 and #5, Practice football field (Monday
through Friday only). The fall season shall start no earlier than July1 and conclude
no later than November 30.
Actual fields allocated may be less than described above, and shall be
governed by the “Moorpark Parks and Recreation Master Plan” standard field
allocations for games. Said allocations for football fields shall be one (1) field per six
(6) teams.
At City’s sole discretion, other fields may be temporarily assigned to
MUSKETEERS if all, or a portion of, fields listed above are not available due to
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closure for maintenance or use by City for its own programs.
B. For up to three (3) tournaments per calendar year, up to ten (10) athletic fields and
four (4) ball field outfields. Each tournament may not exceed two (2) weekends or
four (4) total days. Weekends for each tournament must be consecutive, unless
facilities are not available due to City use, holidays, maintenance, or other rental
use. Tournament use is subject to availability of fields, and may not interfere with
Moorpark Girls Softball (MGS) or American Youth Soccer Organization Region 363
(AYSO) use of Premises as identified in their respective Agreements.Football field
(Monday through Friday only).
C. During the winter season and other use periods including but not limited to training
clinics, camps, and advanced, specialized, or year-round team practices not
associated with a specific season, athletic field #4. The winter season shall begin no
earlier than December 1 and conclude no later than February 28.
At City’s sole discretion, other fields may be temporarily assigned to MUSKETEERS
if all, or a portion of, fields listed above are not available due to closure for
maintenance or use by City for its own programs.
D. Storage room adjacent to the snack bar located by the football fieldsouth of parking
lot D. Storage room is approximately 460 square feet of storage space located on
the south side of the storage building, bounded by a chain link fence on the north
side of the storage area. Storage room or area may be moved or modified with thirty
(30) days written notice from City.
Actual fields allocated may be less than described above, and shall be governed by the
“Moorpark Parks and Recreation Master Plan” standard field allocations for games. Said
allocations for football fields shall be one (1) field per six (6) teams. At City’s sole
discretion, other fields may be temporarily assigned to MUSKETEERS if all, or a portion of,
fields listed above are not available due to closure for maintenance or use by City for its
own programs.
For use of City facilities beyond or other than described above, MUSKETEERS agrees to
obtain a park rRental permit Permit and pay rental fees as described in the current Park
Rental Rules and Park Rental Fees Resolutions.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 20152018,
and ending on June 30, 20182021, provided, however, that City's obligations hereunder
shall be contingent upon MUSKETEERS’ payment in full of all use and related fees and
fulfillment of all obligations as set forth in this Agreement.
This Agreement may be terminated by either party with or without cause by providing
written notice no less than thirty (30) days in advance of such termination.
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3. Use Fees
MUSKETEERS agrees to pay the City Use Fees for the Premises as follows:
A. Hourly Use use Fees fees for Sports Ffields for facilities as described in Sections 1
A, and B, and C of this Agreement:
Year 1 (use between July 1, 2015, and June 30, 2016):
$7.008.75/hour for athletic fields
$56.00/hour for softball/baseball fields or open grass areas
Year 2 (use between July 1, 2016, and June 30, 2017):
$8.00/hour for athletic fields
$5.50/hour for softball/baseball fields
Year 3 (use between July 1, 2017, and June 30, 2018):
$8.00/hour for athletic fields
$5.50/hour for softball/baseball fields
B. Non-resident Fee: Single Family Equivalent park assessment per family, for children
registered in the league who reside outside of Moorpark city limits. The fee shall be
paid once per fiscal year per family. In the event a child, or his/her sibling(s),
participate in two or more youth sports organizations with approved facility use
agreements, the non-resident fee shall be equally divided among said youth sports
organizations.
MUSKETEERS shall submit a registration roster, including names of non-resident
participants, and street addresses and zip codes of all participants (both resident
and non-resident), registered in the program within five (5) business days of the
close of registration for each use period within thirty (30) days of the start of each
season for the purpose of verifying, assessing, and tracking non-resident fees and
ensuring compliance with minimum participant and residency requirements. Rosters
shall be submitted via email to the Recreation Division manager in Excel workbook
format.
City shall calculate non-resident fees due no later than May 30 of each year. MSC
shall be notified in writing of non-resident fees due no later than June 1. Non-
resident fees must be paid in full no later than June 25.
Rosters shall be returned to MUSKETEERS after review and recording of non-
resident participants. Non-resident fees shall be payable within thirty (30) days of
notification by City of amount due. City shall reconcile non-resident fees paid thirty
(30) calendar days prior to the end of each fiscal year. In the event MUSKETEERS
paid to City more than one non-resident fee per family for the fiscal year, City shall
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refund to MUSKETEERS any overpayment of the non-resident fee. In the event two
(2) or more organizations paid non-resident fees to City for the same family, the
overpayment of fees shall be divided equally among those organizations and
refunded.
B.C. Staff Fees: Staff fees as described in the current City Council Park Rental
Fees Resolution, as may be amended from time to time, for monitoring of and
maintenance during tournaments. Staff fees shall be paid for the duration of the
tournament.
C. Fees shall be charged and payable as defined in the Park Rental Fees Resolution
for all other uses, including use of field lights.
Fees for use under the Agreementof the Premises must be paid in accordance with the
following schedule. Failure to pay fees when due will result in the denial or cancelation of
the Rental pPermit for use under the Agreement:
A. $100 due at time of applicationsubmission of Reservation Request.
B. 50% payment due within five (5) business days of issuance of the approved Rental
Ppermit for seasonal use, full payment due within five (5) business days of issuance
of permit for tournaments or other use.
C. Balance of payment due within ten (10) business days of start of season for
seasonal use.
The City may adjust the Use Fees, referenced in this section on or before the beginning of
the new fiscal year, commencing on July 1 and ending June 30, by giving MUSKETEERS
written notice by April 1.
Fees other than those specifically described above shall be charged and payable as
defined in the Park Rental Fees Resolution. This includes, but is not limited to, permit
application fees, vendor fees, security deposits, cancellation fees, refund processing fees,
and fees for use of City facilities other than Premises.
4. Refunds or Credits for Use Fees
Use Fees paid may be refunded or credited under the following conditions:
A. The Premises are unusable due to inclement weather (temperatures below 45°F or
above 95°F, active precipitation, winds in excess of thirty (30) miles-per-hour, or
heavy fog), or conditions exist (as determined by City Manager or the City
Manager’s designee) which make the Premises unusable, such as water saturated
fields. MUSKETEERS may also reschedule the canceled date, within the time
frames and maximum use allowed by this Agreement.
B. A request for cancellation for a date or dates reserved and paid for under the
Agreement is received thirty (30) calendar days or more in advance of the
scheduled date or dates.
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For requests for cancellations received between twenty-nine (29) and five (5) calendar
days prior to the scheduled date, MUSKETEERS may reschedule the canceled date, within
the time frames and maximum use allowed by this Agreement.
No refunds or credits will be issued for requests for cancellations received less than five (5)
calendar days in advance, and the canceled date or dates may not be rescheduled.
5. Use
The Premises shall be used for MUSKETEERS’ authorized games, practices, and training
sessions. The Premises shall be used as specified in this Agreement only, and shall not be
used for any other purpose without the prior written consent of the City Manager or the City
Manager’s designee.
Use under this Agreement is limited to a maximum of forty-two (42) total weeks per
calendar year, plus three (3) annual tournaments. Each tournament may not exceed two
(2) weekends or four (4) total days. Weekends for each tournament must be consecutive,
unless facilities are not available due to City use, maintenance, holidays, or other rental
use. Tournament use is subject to availability of fields, and may not interfere with Moorpark
Girls Softball or American Youth Soccer Organization use of Premises as identified in their
respective Agreements.
For use of City facilities beyond the time frames described above, MUSKETEERS agrees
to obtain a park rental permit and pay rental fees as descried in the current Park Rental
Fees Resolution.
A schedule of times and days requested for reservation for games and practicesuse of
Premises shall be furnished to the Parks and Recreation (PR Director) or the PR Director’s
designee for the City’s approval at least thirty (30) calendar days prior to the start of the
season or tournamentas follows:.
A. Fall season: On or before June 15. Fields not requested for reservation by
MUSKETEERS for the fall season by this date will be available to the public and
MUSKETEERS will not have priority use of them.
B. Winter season: On or before November 15. Fields not requested for reservation by
MUSKETEERS for the winter season by this date will be available to the public and
MUSKETEERS will not have priority use of them.
C. Tournaments: At least sixty (60) calendar days prior to the first day of tournament
play.
D. All other use: At least thirty (30) calendar days prior to the start of the use period.
The schedule Reservation Request must be provided on the “Park Facility Reservation
Application Youth Sports Organizations” form for seasonal use, and on the “Tournament
Reservation Application” form for tournaments. A separate Reservation Request must be
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submitted for each use period (including fall season, spring season, all-stars, tournaments,
training clinics, camps, and other use periods.)
Reservation Requests not submitted by the above stated deadlines, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation Requests submitted after the above stated deadlines will forfeit priority use
over other renters, will not be eligible for the reduced hourly field Use Fees as described in
3.a. of this Agreement, and will be processed and fees charged in accordance with the
Park Rental Rules and Park Rental Fees Resolutions.
Schedules submitted less than thirty (30) calendar days in advance, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation requests submitted less than thirty (30) days in advance will be processed and
fees charged in accordance with the Park Rental Rules and Park Rental Fees Resolutions.
The City shall provide MUSKETEERS with an approved Rental Permit based on the
Reservation Request detailing the dates and times MUSKETEERS is authorized to use
Premises. Requested Cchanges to the schedule approved Rental Permit must be
submitted to City in writing. All requested changes must be approved by City.
The approved Rental Permit may contain additional conditions or special requirements.
These include but are not limited to the requirement of portable toilets and trash and
recycle dumpsters for tournaments, permission for overnight security for tournaments, and
vendor requirements. MUSKETEERS shall abide by all conditions and requirements on the
approved Rental Permit.
At all times, City retains the right to use Premises for City sponsored and co-sponsored
events upon no less than thirty (30) days written notice to MUSKETEERS.
The general public shall have access to and use of Premises at times not included in the
approved Rental Permit. MUSKETEERS shall not have priority use of Premises outside of
the approved Rental Permit.
6. General Conditions
A. In order to retain rights under this agreement, MUSKETEERS shall maintain status
as a 501 (c) (3) nonprofit corporation chartered within the City of Moorpark.
MUSKETEERS agrees to provide City with proof of nonprofit status and a certified
accounting of its financial status each year.
The annual financial accounting shall include: 1) a budget summary of actual
revenue and expenditures from MUSKETEERS’ prior fiscal year; 2) a budget
summary of estimated revenue and expenditures for MUSKETEERS’ current fiscal
year; and 3) a bank statement or account summary to verify information provided in
budgets. The financial accounting and proof on nonprofit status shall be submitted
with the “Youth Sports Organization Information Sheet” on or before January 15 of
each year.
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B. In order to retain rights under this Agreement, MUSKETEERS must register and
maintain a minimum of seventy-five (75) players. Additionally, a minimum of eighty
seventy-five percent (8075%) of participants must reside within Moorpark city limits.
MUSKETEERS shall provide City with a registration rosters as described in 3 C of
this Agreement. , including street addresses and zip codes, of participants
registered in the program for the purpose of verifying minimum player and residency
requirements. Rosters shall be returned to MUSKETEERS after review by City. In
lieu of a printed roster, MUSKETEERS may provide City staff with access to their
registration data base. Rosters and/or data base access shall be provided to City
within five (5) business days of the close of registration for each season, and with
the submission of the “Youth Sports Organization Information Sheet.”
C. MUSKETEERS shall submit annually to the City a completed “Youth Sports
Organization Information Sheet,” the form of which shall be as provided by the City.
The information sheet for each calendar year shall be submitted no later than
January 15.
D. MUSKETEERS shall submit to City a Certificate of Authorized Signatories, with
names and signatures of those authorized to sign documents on behalf of
MUSKETEERS. A new form shall be submitted any time the list of authorized
signatories changes.
E. MUSKETEERS agrees to obtain a rRental pPermit and pay rental fees as required
by section 12.16.160 of the Moorpark Municipal Code (MMC) for all use of City
facilities not included in the “Premises” and “Use” sections of this Agreement.
MUSKETEERS further agrees to notify all coaches and participants of the City’s
rules and regulations governing City park rentals, and shall prohibit any coach or
participant from interfering with a permitted park rental.
7. Wet Field Policy
MUSKETEERS agrees to abide by the terms of the Wet Field Policy as described in the
Rules and Regulations Governing City Park Rentals Resolution, as may be amended from
time to time, to preserve the quality and life of the fields and promote a safe playing
environment. The Wet Field Policy applies to conditions due to precipitation, over-watering,
and/or irrigation system problems, or other circumstances that may result in wet fields.
When fields are sufficiently wet such that their use may lead to turf damage or bodily injury,
they will be closed to all use at the City Manager’s or the City Manager’s designee’s sole
discretion.
Fields are closed under the following conditions:
A. Rain (with the exception of light drizzle if the ground is relatively hard and dry prior
to the start of the drizzle).
B. Standing water/ponding or mud is present.
C. Water gathers around the sole of a shoe.
D. Footprints leave an impression in the turf.
D.E. Other conditions deemed unsuitable for recreational activities as determined
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by the City Manager or the City Manager’s designee.
8. Storage Rooms
A. MUSKETEERS shall be provided with no more than four (4) keys to the storage
rooms prior to the start of the season and shall be responsible for securing said
keys. Said keys shall not be duplicated. Upon vacating the storage rooms,
MUSKETEERS shall return the keys to City. MUSKETEERS shall return the keys to
City within fifteen (15) days of vacating use at the end of the season or when
Agreement is terminated. In the event any key(s) assigned to MUSKETEERS are
lost or stolen, MUSKETEERS agrees to reimburse City for all costs, including a
fifteen percent (15%) administrative fee, associated with re-keying facilities and
issuing replacement keys.
B. MUSKETEERS agrees to immediately (within 24 hours) report to City any damage
or vandalism to the storage rooms.
C. MUSKETEERS shall use the storage room to store maintenance and game
equipment and supplies only. MUSKETEERS may store maintenance and game
equipment in the storage room year round. No more than five (5) gallons of gasoline
or propane may be stored in the storage room. MUSKETEERS shall clean the
storage room on a regular basis, and keep it free of dirt, dust, and debris.
MUSKETEERS shall be required to vacate the storage room upon thirty (30) days
written notice from the City if it is needed for City purposes.
9. Signs
MUSKETEERS agrees not to permit the construction or placement of any sign, signboard,
or other form of outdoor advertising on the Premises without the prior written consent of the
City Manager or the City Manager’s designee. In the event of a violation of this provision
by MUSKETEERS or any one claiming under MUSKETEERS, MUSKETEERS hereby
authorizes City as MUSKETEERS’ Agent, to remove and dispose of any such sign,
signboard, or other advertising, and to charge the cost and expense of any such removal
and disposal to MUSKETEERS who agrees to pay the same upon demand.
This provision does not prohibit the use of identification banners for individual teams and
sponsors, which may be displayed during games and shall be removed following the end of
each game.
MUSKETEERS further agrees to abide by the City’s Sign Ordinance regarding the
placement of signs at any location other than Premises.
10. Vendors
Vendors are not permitted without the prior written authorization of the City Manager or the
City Manager’s designee. Vendors are subject to the following conditions:
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A. Vendors must complete the City’s vendor application form.
B. Vendors must be self-contained.
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the American with Disabilities Act (ADA).
Vendors must have a current Moorpark business registration permit as required by
MMC 5.08 (Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
MUSKETEERS must pay to the City vendor fees as described in the current Park Rental
Fees resolution.
a fee of twenty-five dollars ($25.00) per vendor per day.
11. Indemnification and Hold Harmless
MUSKETEERS hereby agrees to hold harmless and indemnify City, its officials, agents,
and employees, and its successors and assigns, from and against all claims, loss, damage,
actions, causes of actions, expense (including costs of fees and expenses for legal
services), and/or liability arising or growing out of loss or damage or destruction to property,
including City's own personal property, or injury to or death of persons, including
employees of City, resulting in any manner whatsoever directly or indirectly, by reason of
this Agreement or the use of City facilities by MUSKETEERS or any person claiming use
under or through MUSKETEERS unless such loss, damage, injury, or death is due to the
sole negligence of the City. MUSKETEERS shall also hold the City harmless from all costs
and expenses, including costs of investigation arising out of or incurred in the defense of
any claim, proceeding, or action brought for injury to persons or damage to property,
resulting from or associated with the use of City facilities under this Agreement and shall
further save and hold harmless the City from any and all orders, judgments, and decrees
which may be entered in any and all such suit or actions. MUSKETEERS and all others
using said facilities under this Agreement hereby waive any and all claims against the City
of damage to persons or property in, or about City facilities.
The City does not, and shall not, waive any rights that it may have against MUSKETEERS
by reason of this Section, because of the acceptance by the City, or the deposit with the
City, of any insurance policy or certificate required pursuant to this Agreement. Said hold
harmless and indemnification provision shall apply regardless of whether or not said
insurance policies are determined to be applicable to the claim, demand, damage, liability,
loss, cost or expense described in this Section. The provisions of this Section shall survive
the expiration or termination of this Agreement. The provisions of this Section shall apply to
all use of City facilities by MUSKETEERS pursuant to this Agreement. Failure of City to
monitor compliance with requirement set forth in this Agreement imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder.
12. Liability Insurance
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MUSKETEERS shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Attachment “B” attached hereto and
incorporated herein by this reference as though set forth in full. Coverage shall apply to all
use of City facilities by MUSKETEERS pursuant to this Agreement.
13. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be
done at City’s sole discretion and shall be performed by City force account or by City’s
authorized agent unless approved by the City Manager or the City Manager’s designee in
writing. All maintenance authorized to be performed by MUSKETEERS shall adhere to
City specifications and standards.
City agrees to allow MUSKETEERS to access the field portion of Premises with no more
than two (2) vehicles for the specific purpose of setting up and taking down football
equipment only. MUSKETEERS agrees not to use vehicles on the field whenever the
ground is wet, for whatever reason, without obtaining City’s written approval.
MUSKETEERS also agrees that vehicles it uses for this purpose shall not exceed a gross
vehicle weight (GVW) of 5,400 pounds. MUSKETEERS further agrees that only licensed
drivers age sixteen (16) or older may drive said vehicles. MUSKETEERS agrees to
immediately report to City any damage to Premises caused by use of vehicles on
Premises. MUSKETEERS further agrees to repair any such damage at MUSKETEERS’
sole cost and expense to the satisfaction of the City.
A. During use under this Agreement, MUSKETEERS shall be responsible to perform
the following maintenance on Premises at MUSKETEERS sole cost and expense:
B.A.
1. Mark football field lines using only an approved water-based acrylic paint,
manufactured specifically for marking lines on sports turf and athletic fields.
Athletic field paint may not contain calcium carbonate, vinyl copolymers,
herbicides (including growth inhibitors), or pesticides.
2. Pick up trash and recycle materials on and within 100’ around Premises and
provide for additional trash containers as needed. Trash and recycling
containers shall be emptied when they are no more than seventy-five percent
(75%) full, with trash and recycle materials placed in the appropriate trash or
recycle container bin. Additionally, recycle material shall be removed from
the liner and placed in the appropriate recycling bin. All recycle and trash
receptacles shall be installed with trash liners. Liners shall be supplied by
MUSKETEERS. Trash liners shall be black in color and 1.5 mill or better, and
recycle liners shall be clear, unless otherwise approved by the City. This
requirement shall be waived during times that MUSKETEERS has paid for
and the City has scheduled staff to perform custodial duties specifically for
MUSKETEERS’s use of Premises.
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3. Remove graffiti from fences, goalposts, and scoreboard within seventy-two
(72) hours of notification to do so. All cleaning products used must be
approved by City. If MUSKETEERS fails to remove graffiti as described in
this section, MUSKETEERS authorizes City to remove graffiti and to charge
the cost and expense of such removal to MUSKETEERS, who agrees to pay
the same upon demand.
4. Maintain the football goal posts. Ensure goal posts are adequately secured
and in good working order, and make repairs as needed. Goal posts shall be
painted at least once per year with paint approved by City.
5.3. MUSKETEERS equipment must be secured in the storage room. If an
item of equipment cannot be stored within the storage room, it must be
secured in a location as on Premises as approved by City, and in a manner
that prevents the general public from accessing or using the equipment.
C.B. City shall be responsible to perform the following:
1. Irrigate, mow, fertilize, and aerate at City’s expense turf areas within
Premises.
C. City shall not be obligated to repair, replace or maintain the Premises in any manner
throughout the term of this Agreement. City shall not be obligated to perform any
precautionary or preventative measures with respect to the Premises, including, but
not limited to drainage and flood control measures. Should City perform any of the
foregoing, such services shall be at the sole discretion of City, and the performance
of such services shall not be construed as an obligation or warranty by City of the
future or ongoing performance of such services. City shall determine maintenance
specifications.
D. City agrees to allow MUSKETEERS to access the field portion of Premises with no
more than two (2) vehicles for the specific purpose of setting up and taking down
equipment only. Vehicles shall not exceed a gross vehicle weight (GVW) of 5,400
pounds and may only include golf carts, utility vehicles (“Gators”), or all-terrain
vehicles (ATVs). Vehicles must be equipped with turf tires. MUSKETEERS agrees
not to use vehicles on the field whenever the ground is wet, for whatever reason,
without obtaining the City Manager’s or the City Manager’s designee’s written
approval. MUSKETEERS further agrees that only licensed drivers age eighteen
(18) or older may drive said vehicles. MUSKETEERS agrees to immediately report
to City any damage to Premises caused by use of vehicles on Premises.
MUSKETEERS further agrees to repair any damage caused by MUSKETEERS’s
use of vehicles at MUSKETEERS’s sole cost and expense to the satisfaction of the
City. Except as described above, use of any other vehicle on any area other than
roadways and parking lots requires the advance written approval of City.
14. Improvements
MUSKETEERS shall not make any alterations, additions, or improvements upon the
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Premises without the prior written consent of the City Manager or the City Manager’s
designee. Requests to make alterations, additions, or improvements must be submitted to
the City in writing no less than fifteen (15) business days prior to the desired start date for
work.
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
maintained at MUSKETEERS’ sole cost and expense in strict accord with all federal, state,
county, and local laws, ordinances, codes, and standards relating thereto, including ADA
requirements. Performance of work shall be subject to City monitoring and inspection. At
City’s sole discretion, work may be stopped if it does not conform to City specifications and
standards.
Unless otherwise expressly agreed to in writing by the City Manager or the City Manager’s
designee, any alterations, additions and improvements shall remain on and be surrendered
with the Premises upon the expiration or termination of this Agreement. MUSKETEERS
shall timely pay all costs associated with any and all improvements, and shall keep the
Premises free and clear of all mechanics liens. MUSKETEERS agrees to and shall
indemnify, defend, and save City free and harmless against all liability, loss, damage,
costs, attorney fees and other expenses of any nature resulting from any MUSKETEERS
alterations, additions, or improvements to the Premises.
If MUSKETEERS discontinues use of Premises for a period of eighteen (18) consecutive
months, all improvements to Premises not already owned by City shall become the
property of the City unless otherwise authorized by the City Manager or the City Manager’s
designee in writing.
15. Amplified Sound
MUSKETEERS agrees not to use amplified sound without the prior written authorization of
the City Manager or the City Manager’s designee. MUSKETEERS agrees to abide by the
provisions regulating amplified sound as set forth in sections 12.16 (Parks and Open
Space), and 17.53 (Noise), of the MMC.
16. Flammable Material, Waste, and Nuisances
MUSKETEERS agrees that it will not place or store any flammable materials on the
Premises, that it will not commit any waste or damage, nor suffer any to be done.
MUSKETEERS also specifically agrees that it will not allow others to take such actions on
the Premises. MUSKETEERS further agrees that it will keep the Premises clean, free from
weeds, rubbish, and debris and in a condition satisfactory to City.
MUSKETEERS shall also provide adequate controls for dust, odors, and noise which may
emanate from the Premises or from MUSKETEERS’ activities on adjacent property and
take appropriate steps necessary to prevent dust contamination of City's facilities located
on, near or adjacent to the Premises. MUSKETEERS agrees to take preventative action to
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eliminate such dust, odor, noise, or any other nuisance which may disturb the adjacent or
nearby community and agrees to be responsible for and to assume all liability for such
dust, odor, noise, or other nuisance disturbances. MUSKETEERS also agrees that it shall
not use amplified sound or field lighting on Premises for any reason, without the prior
written consent of the City Manager or the City Manager’s designee.
17. Pesticides and Herbicides
MUSKETEERS agrees that prior to any application of either pesticides or herbicides, it
shall receive written consent from City, and further any pesticide or herbicide applications
on the Premises shall be made in accordance with all federal, state, county, and local laws.
MUSKETEERS further agrees to dispose of any pesticides, herbicides or any other toxic
substances which are declared to be either a health or environmental hazard in such a
manner as prescribed by law. This shall include, but shall not be limited to, contaminated
containers, clothing, equipment, or any other contaminated material.
18. Hazardous Materials Indemnity
MUSKETEERS hereby agrees to indemnify and hold harmless City, and its respective
officers, employees, and agents, from and against any and all claims, actions, losses,
liabilities, costs and expenses: (a) including, without limitation, all foreseeable and all
unforeseeable consequential damages, directly or indirectly arising out of the use,
generation, storage, or disposal of Hazardous Material on the Premises by MUSKETEERS;
and (b) including, without limitation, the cost of any required or necessary repair, cleanup,
or detoxification and the preparation of any closure or other required plans, to the full
extent that such action is attributable, directly or indirectly, to the presence, or use,
generation, storage, release, threatened release, or disposal of Hazardous Materials on the
Premises by MUSKETEERS. As used in this Section, Hazardous Materials means any
flammable explosives, radioactive materials, asbestos, PCBs, hazardous water, toxic
substances of related materials, including, without limitation, substances, defined as
"hazardous substances", "hazardous materials", or "toxic substances" in the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended, 42 USC, Section 9601, et seq.; the Resource Conservation and Recovery Act,
42 USC, Section 6901, et seq.; the Toxic Substances Control Act, 15 USC, Section 2601,
et seq.; any other federal, state, or local law applicable to the Premises; and in the rules
and regulations adopted or promulgated under or pursuant to any of said laws. The
provisions of this Section shall survive the expiration or earlier termination of this
Agreement.
19. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof,
and for the purpose of providing maintenance and making such repairs as City desires to
make.
20. Governing Law
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MUSKETEERS agrees that in the exercise of its rights under this Agreement,
MUSKETEERS shall comply with all applicable federal, state, county and local laws and
regulations in connection with its use of the Premises, including but not limited to, the ADA.
The existence, validity, construction, operation, and effect of this Agreement and all of its
terms and provisions shall be determined in accordance with the laws of the state of
California.
21. Discrimination
MUSKETEERS agrees not to discriminate against any person or class of persons by
reason of race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, or military and veteran status of such
person; or any other basis protected by applicable federal, state, or local law race,
ancestry, physical disability, medical condition, marital status, gender, color, religious
creed, or national origin in the use of the Premises.
22. Assignment and Subletting
MUSKETEERS shall not assign this Agreement, or any interest therein, and shall not
assign use of the Premises or any part thereof, or any right or privilege appurtenant
thereto, or suffer any other person (the agents and servants of MUSKETEERS excepted)
to occupy or use the Premises, or any portion thereof, without the prior written consent of
the City Manager or the City Manager’s designee. A consent to one assignment, subletting,
occupation, or use by another person shall not be deemed to be a consent to any
subsequent assignment, subletting, occupation, or use by another person. This Agreement
shall not, nor shall any interest therein, be assignable, as to the interest of MUSKETEERS,
by operation of law, without the written consent of the City Manager or the City Manager’s
designee. Any assignment or subletting without such consent shall be void, and shall, at
the option of the City, terminate this Agreement. No legal title or interest in Premises is
created or vested in MUSKETEERS by this Agreement.
23. Insolvency or Bankruptcy
If MUSKETEERS shall be adjudged bankrupt or insolvent, this Agreement shall thereupon
immediately terminate and the same shall not be assignable by any process of law, or be
treated as an asset of the MUSKETEERS under such adjudication, nor shall it pass under
the control of any trustee or assignee by virtue of any process in bankruptcy or insolvency,
or by execution or assignment for the benefit of creditors. If any such event occurs, this
Agreement shall immediately become null and void and of no effect, and City may
thereupon repossess said Premises and all rights of the MUSKETEERS thereupon shall
cease and terminate.
24. Default or Breach
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Except as otherwise provided, at any time one party to this Agreement is in default or
breach in the performance of any of the terms and conditions of this Agreement, the other
party shall give written notice to remedy such default or breach. If default or breach is
remedied within thirty (30) days following such notice, then this Agreement shall continue in
full force and effect. If such default or breach is not remedied within thirty (30) days
following such notice or if the nature of the default is such that it cannot reasonably be
cured within thirty (30) days, if MUSKETEERS fails to commence to cure within the thirty
(30) day period, the other party may, at its option, terminate this Agreement. Such
termination shall not be considered a waiver of damages or other remedies available to
either party because of such default or breach. Each term and condition of this Agreement
shall be deemed to be both a covenant and a condition.
25. Interpretation
Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed
that this Agreement was prepared by the parties jointly and equally, and shall not be
interpreted against either party on the ground that the party prepared the Agreement or
caused it to be prepared.
26. Waiver
A waiver by either party or any default or breach by the other party in the performance of
any of the covenants, terms or conditions of this Agreement shall not constitute or be
deemed a waiver of any subsequent or other default or breach.
27. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
28. Condemnation
If the whole of the Premises should be taken by a public authority under the power of
eminent domain, then the term of this Agreement shall cease on the day of possession by
the public authority. If a part only of the Premises should be taken under eminent domain,
MUSKETEERS shall have the right to either terminate this Agreement or to continue in
possession of the remainder of the Premises. If MUSKETEERS remains in possession, all
of the terms hereof shall continue in effect, with the fees payable being reduced
proportionately for the balance of the Agreement term.
29. Remedies
In case of the failure or refusal of MUSKETEERS to comply with and perform each and all
of the terms and covenants on its part herein contained, this Agreement and all rights
hereby given shall, at the option of City, cease and terminate, and City shall have the right
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forthwith to remove MUSKETEERS’ personal property from the Premises at the sole cost,
expense and risk of MUSKETEERS, which cost and expense MUSKETEERS agrees to
pay to City upon demand, together with interest thereon at the maximum rate allowed by
law, and all use fees due to date from the date of expenditure by City.
30. Attorney Fees
In case City shall bring suit to compel performance of or to recover for breach of any
covenant, agreement, or condition herein contained and such suit results in a judgment for
City, MUSKETEERS will pay to City attorney fees in addition to the amount of judgment.
31. Notices and Payments
All notices required under this Agreement including change of address shall be in writing,
and all notices and payments shall be made as follows:
All payments and notices to MUSKETEERS shall be given or mailed to MUSKETEERS at
the address listed below and addressed to the current MUSKETEERS Regional
Commissioner. It is the responsibility of MUSKETEERS to notify City when there has been
a change with regard to the individual serving as Regional Commissioner and to provide
the City with name, address, and 24-hour contact phone number of the new
Commissioner.
Moorpark Musketeers Youth Football
Sean SegalIsaac Reyes
4215 Tierra Rejada Road, #178
Moorpark, CA 93021
All payments and notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
32. Partial Invalidity
If any term, covenant, condition, or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
33. Gender and Number
For the purpose of this Agreement wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall include the
plural and the plural number shall include the singular, wherever the context so requires.
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34. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to be
used in interpreting or construing the terms, covenants, and conditions of this Agreement.
35. Modification
This Agreement may be terminated, extended, or amended in writing by the mutual written
consent of the parties hereto. Such amendments may be executed by the City Manager
on behalf of the City.
36. Venue
This Agreement is made, entered into, executed in Ventura County, California, and any
action filed in any court for arbitration for the interpretation, enforcement or other action of
the terms, conditions or covenants referred to herein shall be filed in the applicable court in
Ventura County, California.
37. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous negotiations and understandings between the parties. There are no
representations, warranties, or commitments, oral or written, other than those expressly set
forth herein.
38. Authority to Execute Agreement
The person executing this Agreement on behalf of MUSKETEERS warrants and represents
that he/she has the authority to execute this Agreement on MUSKETEERS’ behalf and has
the authority to bind MUSKETEERS to the terms of this Agreement.
IN WITNESS W HEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK MOORPARK PACKERS,
dba MOORPARK MUSKETEERS
YOUTH FOOTBALL
_______________________________ _______________________________
Steven KuenyTroy Brown Sean SegalIsaac
Reyes
City Manager President
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Attest:
_________________________________
Maureen Benson
City Clerk
Attachments: A: Premises
B: Insurance Requirements
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Attachment A
Premises
Football field and practice football field FALL SEASON:
Athletic field #4 & #5, Monday through Friday
Storage room
TOURNAMENTS:
Up to ten (10) athletic fields
Storage room
WINTER SEASON AND ALL OTHER USE:
Athletic field #4
Storage room
Arroyo Vista Community Park
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Attachment B
Insurance Requirements
MUSKETEERS shall secure, pay for, and maintain in full force and effect for the duration of this
Agreement a policy of comprehensive insurance as detailed below from a good and responsible
company or companies authorized to do insurance business in the State of California, with a Best
Rating / FPR of no less than A-. Policies shall bear an endorsement or shall have attached a rider
whereby it is provided that, in the event of amendment or cancellation of such policy for any
reason whatsoever, City shall be notified by registered mail, postage prepaid, return receipt
requested, not less than thirty (30) days before the amendment or cancellation is effective.
MUSKETEERS shall furnish a Certificate of Liability Insurance and Insurance Endorsement,
subject to the City’s acceptance, to the City within thirty (30) days of prior to execution of this
Agreement. MUSKETEERS agrees to have its insurer endorse, to the satisfaction of the City, the
third party general liability coverage required herein to include as additional insureds the City of
Moorpark and its officials, employees, and agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement
attached thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to
MUSKETEERS or City.
B. Provide a minimum of $1,000,000.00 per occurrence with a minimum of $2,000,000
aggregate commercial general liability coverage, and shall be written on an occurrence basis.
C. MUSKETEERS’s policy shall be considered primary insurance with respect to any other
valid and collectible insurance the City may possess, including any self-insured retention the
City may have, and any other insurance the City does possess shall be considered excess and
shall not contribute to it.
2. AUTO INSURANCE
Business Auto Coverage, on ISO Business Auto Coverage form CA 00 01 including symbol 1
(Any Auto), or the exact equivalent. Limits are subject to review, but in no event to be less than
$1,000,000.00 per accident. If MUSKETEERS owns no vehicles, this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above. If
MUSKETEERS or MUSKETEERS’s employees, participants, associates, or volunteers will use
personal autos in any way during the performance of this Agreement, MUSKETEERS shall
provide evidence of personal auto liability for each such person.
3. WORKERS’ COMPENSATION INSURANCE Workers’ Compensation Insurance, on a state-approved policy form providing statutory benefits
as required by law. MUSKETEERS shall furnish a Certificate of Insurance to the City within thirty
(30) days of execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrence
basis.
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
TRI-VALLEY ROLLER HOCKEY LEAGUE
FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
20162018, between the CITY OF MOORPARK, a municipal corporation located in the
County of Ventura, State of California, hereinafter referred to as "City" and TRI-VALLEY
ROLLER HOCKEY LEAGUE, a nonprofit organization, hereinafter referred to as "TVRHL".
W I T N E S S E T H:
WHEREAS, youth and adult sports programs are a valuable asset to the Moorpark
community; and
WHEREAS, TVRHL provides roller hockey, lacrosse, and soccer programs for the
Moorpark community; and
WHEREAS, TVRHL desires to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation of facility
use agreements for Moorpark nonprofit youth sports organizations in order to provide special
conditions, priority use, and reduced use fees to the youth sports organizations.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises contained herein, the parties hereto agree as follows:
1. Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to TVRHL, and TVRHL hereby accepts from
City, the use of certain real property and associated facilities and equipment at Arroyo Vista
Community Park, hereinafter “AVCP”, including the following, as described below in
Attachment "A" attached hereto and by this reference incorporated herein, together with any
and all improvements thereon, all of which are hereinafter referred to as the "Premises" for
the following use periods:
A. All use periods, including seasonal play, tournaments, training clinics, camps, and
advanced, specialized, or year-round team practices not associated with a specific
season: Multi-Purpose Court : Tuesday, Wednesday, Thursday, Saturday, and
Sunday (less four total hours of prime time to be determined by City)on Tuesday,
Wednesday, Thursday, Saturday, and Sunday.
Prime time shall be defined as follows: M-F 2:00 p.m. - 6:00 p.m. Pacific Standard Time and
4:00 p.m. – 8:00 p.m. Daylight Savings Time, Saturday and Sunday 7:00 a.m. – 11:00 a.m.
and 2:00 p.m. – 6:00 p.m. Pacific Standard Time, 7:00 a.m. – 11:00 a.m. and 4:00 p.m. –
8:00 p.m. Daylight Savings Time. Prime time hoursDays and hours listed above are subject
to change at the City’s sole discretion. City will provide TVRHL with no less than thirty (30)
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days’ notice of such change.
For use of City facilities other than described above, TVRHL agrees to obtain a park r
Rental permit Permit and pay rental fees as described in the current Park Rental Rules and
Park Rental Fees Resolutions.
2. Term
The term of this Agreement shall be from the date of execution to June 30, 2017, with the
option to extend Agreement for one (1) additional one year periodfrom the date of execution
and ending on June 30, 2021, provided, however, that City's obligations hereunder shall be
contingent upon TVRHL’s payment in full of all use and related fees and fulfillment of all
obligations as set forth in this Agreement.
This Agreement may be terminated by either party with or without cause by providing written
notice no less than thirty (30) days in advance of such termination.
3. Use Fees
TVRHL agrees to pay the City Use Fees for the Premises as follows:
A. Hourly Use use Fees fees for facilities as described in Section 1 A of this Agreement:
$8.00/hour for multi-purpose court
B. Intentionally Left Blank
C.B. Staff Fees: Staff fees as described in the current City Council Park Rental
Fees Resolution, as may be amended from time to time, for monitoring of and
maintenance during tournaments. Staff fees shall be paid for the duration of the
tournament.
D. Fees shall be charged and payable as defined in the Park Rental Fees Resolution for
all other uses.
Use feesFees for use of the Premises must be paid in accordance with the following
schedule. Failure to pay use fees when due will result in the denial or cancelation of the
Rental pPermit for use under the Agreement:
A. $100 due at time of applicationsubmission of the Reservation Request.
B. 50% payment due within five (5) business days of issuance of approved Rental
Ppermit for seasonal use, full payment due within five (5) business days of issuance
of the approved Rental Ppermit for tournaments or other use.
C. Balance of payment due within ten (10) business days of start of season for seasonal
use.
The City may adjust the User Fees, referenced in this section on or before the beginning of
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the new fiscal year, commencing on July 1 and ending June 30, by giving TVRHL written
notice by April 1.
Fees other than those specifically described above shall be charged and payable as defined
in the Park Rental Fees Resolution. This includes, but is not limited to, permit application
fees, vendor fees, security deposits, cancellation fees, refund processing fees, and fees for
use of City facilities other than Premises.
4. Refunds or Credits for Use Fees
Use Fees paid may be refunded or credited under the following conditions:
A. The Premises are unusable due to inclement weather (temperatures below 45°F or
above 95°F, active precipitation, winds in excess of thirty (30) miles-per-hour, or
heavy fog), or conditions exist (as determined by City Manager or the City Manager’s
designee) which make the Premises unusable. TVRHL may also reschedule the
canceled date, within the time frames and maximum use allowed by this Agreement.
B. A request for cancellation for a date or dates reserved and paid for under the
Agreement is received thirty (30) calendar days or more in advance of the scheduled
date or dates.
For requests for cancellations received between twenty-nine (29) and five (5) calendar days
prior to the scheduled date, TVRHL may reschedule the canceled date, within the time
frames and maximum use allowed by this Agreement.
No refunds or credits will be issued for requests for cancellations received less than five (5)
calendar days in advance, and the canceled date or dates may not be rescheduled.
Cancellation fees shall be waived during the initial start-up period, not to exceed one
hundred twenty (120) calendar days from the date of execution of this agreement, provided
the request for cancellation is received within twenty-four (24) hours of the scheduled date.
5. Use
The Premises shall be used for TVRHL’s authorized games, practices, and training
sessions. The Premises shall be used as specified in this Agreement only, and shall not be
used for any other purpose without the prior written consent of the City Manager or the City
Manager’s designee.
Use under this Agreement is limited to a maximum of forty-two (42) total weeks per calendar
year, plus three (3) annual tournaments. Each tournament may not exceed two (2)
weekends or four (4) total days. Weekends for each tournament must be consecutive,
unless facilities are not available due to City use, maintenance, holidays, or other rental use.
For use of City facilities beyond the time frames described above, TVRHL agrees to obtain a
park rental permit and pay rental fees as descried in the current Park Rental Fees
Resolution.
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A schedule of times and days requested for reservation for games and practicesuse of
Premises shall be furnished to the Parks and Recreation (PR) Director or the PR Director’s
designee for the City’s approval at least thirty (30) calendar days prior to the start of the
each season or other use period, and at least sixty (60) calendars days prior to the start of a
tournament. The days and hours requested on the schedule shall be in accordance with the
parameters set forth in Section 1, Premises.
The Reservation Request must be provided on the “Park Facility Reservation Application
Youth Sports Organizations” form for seasonal use, and on the “Tournament Reservation
Application” form for tournaments. A separate Reservation Request must be submitted for
each use period (including fall season, spring season, all-stars, tournaments, training clinics,
camps, and other use periods.)
Reservation Requests not submitted by the above stated deadlines, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation Requests submitted after the above stated deadlines will forfeit priority use over
other renters, will not be eligible for the reduced hourly field Use Fees as described in 3.A. of
this Agreement, and will be processed and fees charged in accordance with the Park Rental
Rules and Park Rental Fees Resolutions.
The City shall provide TVRHL with an approved Rental Permit based on each Reservation
Request detailing the dates and times TVRHL is authorized to use Premises. Requested
changes to the approved Rental Permit must be submitted to City in writing. All requested
changes must be approved by City.
The approved Rental Permit may contain additional conditions or special requirements.
These include but are not limited to the requirement of portable toilets and trash and recycle
dumpsters for tournaments, permission for overnight security for tournaments, and vendor
requirements. TVRHL shall abide by all conditions and requirements on the approved Rental
Permit.
The schedule must be provided on the “Park Facility Reservation Application Youth Sports
Organizations” form for seasonal use, and on the “Tournament Reservation Application”
form for tournaments. Schedules submitted less than thirty (30) calendar days in advance, or
without the completed forms as referenced above, will not qualify for use under the
Agreement. Reservation requests submitted less than thirty (30) days in advance will be
processed and fees charged in accordance with the Park Rental Rules and Park Rental
Fees Resolutions.
The City shall provide TVRHL with an approved Rental Permit detailing the dates and times
TVRHL is authorized to use Premises. Changes to the schedule must be submitted to City in
writing.
At all times, City retains the right to use Premises for City sponsored and co-sponsored
events upon no less than thirty (30) days written notice to TVRHL.
The general public shall have access to and use of Premises at times not included in the
approved Rental Permit. TVRHL shall not have priority use of Premises outside of the
approved Rental Permit.
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6. General Conditions
A. In order to retain rights under this agreement, TVRHL shall maintain status as a 501
(c) (3) nonprofit corporation chartered, or with a chapter located, within the City of
Moorpark. TVRHL agrees to provide City with proof of nonprofit status, Moorpark
mailing address, and a certified accounting of its financial status each year.
The annual financial accounting shall include: 1) a budget summary of actual revenue
and expenditures from TVRHL’s prior fiscal year; 2) a budget summary of estimated
revenue and expenditures for TVRHL’s current fiscal year; and 3) a bank statement
or account summary to verify information provided in budgets. The financial
accounting and proof on nonprofit status shall be submitted with the “Youth Sports
Organization Information Sheet” on or before January 15 of each year.
B. Intentionally Left Blank
C.B. TVRHL shall submit annually to the City a completed “Youth Sports
Organization Information Sheet,” the form of which shall be as provided by the City.
The information sheet for each calendar year shall be submitted no later than
January 15.
D.C. TVRHL shall submit to City a Certificate of Authorized Signatories, with names
and signatures of those authorized to sign documents on behalf of TVRHL. A new
form shall be submitted any time the list of authorized signatories changes.
E.D. TVRHL agrees to obtain a rRental pPermit and pay rental fees as required by
section 12.16.160 of the Moorpark Municipal Code (MMC) for all use of City facilities
not included in the “Premises” and “Use” sections of this Agreement. TVRHL further
agrees to notify all coaches and participants of the City’s rules and regulations
governing City park rentals, and shall prohibit any coach or participant from interfering
with a permitted park rental.
7. Use During Inclement Weather
The City, at its sole discretion, shall determine if the court shall be used during inclement
weather. The PR Director or Landscape/Parks Maintenance Superintendent shall make
a determination on court use based on current weather conditions. The City’s decision is
final and not subject to negotiation.
The Multi-Purpose Court is closed under the following conditions:
A. Rain or drizzle
B. Standing water/ponding
8. Storage Container
A. TVRHL shall be allowed to install a low profile storage container on the Premises.
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Said storage container shall not exceed 3’ height x 4’ width x 8’ length in size without
written approval from the City Manager or the City Manager’s designee, and shall be
installed on a concrete pad or other surface material acceptable to the City. Storage
container shall be weatherproof, rated for exterior applications and may require
screening if determined by the City. TVRHL shall provide the City with a diagram, cut
sheets, and plan of storage container. City shall provide TVRHL written approval of
said improvement prior to installation. Final location shall be determined by the Parks
and Recreation Director.
B. TVRHL shall provide City with four (4) keys to the storage container prior to the start
of the season.
C. TVRHL agrees to immediately (within 24 hours) repair any damage or vandalism to
the storage container and remove graffiti within twenty-four (24) hours of notification
by City with materials approved by the City.
D. TVRHL shall use the storage container to store maintenance and game equipment
and supplies only. TVRHL may store maintenance and game equipment in the
storage container year round. Gasoline or flammable liquids shall not be stored in
the storage container. TVRHL shall clean the storage container on a regular basis,
and keep it free of dirt, dust, and debris to the satisfaction of the City.
9. Signs
TVRHL agrees not to permit the construction or placement of any sign, signboard, or other
form of outdoor advertising on the Premises without the prior written consent of the City
Manager or the City Manager’s designee. In the event of a violation of this provision by
TVRHL or any one claiming under TVRHL, TVRHL hereby authorizes City as TVRHL’s
Agent, to remove and dispose of any such sign, signboard, or other advertising, and to
charge the cost and expense of any such removal and disposal to TVRHL who agrees to
pay the same upon demand.
This provision does not prohibit the use of identification banners for individual teams and
sponsors, which may be displayed during games and shall be removed following the end of
each game.
TVRHL further agrees to abide by the City’s Sign Ordinance regarding the placement of
signs at any location other than Premises.
10. Vendors
Vendors are not permitted without the prior written authorization of the City Manager or the
City Manager’s designee. Vendors are subject to the following conditions:
A. Vendors must complete the City’s vendor application form.
B. Vendors must be self-contained.
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the American with Disabilities Act (ADA).
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Vendors must have a current Moorpark business registration permit as required by
MMC 5.08 (Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
TVRHL must pay to the City vendor fees as described in the current Park Rental Fees
resolution.
a fee of twenty-five dollars ($25.00) per vendor per day.
11. Indemnification and Hold Harmless
TVRHL hereby agrees to hold harmless and indemnify City, its officials, agents, and
employees, and its successors and assigns, from and against all claims, loss, damage,
actions, causes of actions, expense (including costs of fees and expenses for legal
services), and/or liability arising or growing out of loss or damage or destruction to property,
including City's own personal property, or injury to or death of persons, including employees
of City, resulting in any manner whatsoever directly or indirectly, by reason of this
Agreement or the use of City facilities by TVRHL or any person claiming use under or
through TVRHL unless such loss, damage, injury, or death is due to the sole negligence of
the City. TVRHL shall also hold the City harmless from all costs and expenses, including
costs of investigation arising out of or incurred in the defense of any claim, proceeding, or
action brought for injury to persons or damage to property, resulting from or associated with
the use of City facilities under this Agreement and shall further save and hold harmless the
City from any and all orders, judgments, and decrees which may be entered in any and all
such suit or actions. TVRHL and all others using said facilities under this Agreement hereby
waive any and all claims against the City of damage to persons or property in, or about City
facilities.
The City does not, and shall not, waive any rights that it may have against TVRHL by reason
of this Section, because of the acceptance by the City, or the deposit with the City, of any
insurance policy or certificate required pursuant to this Agreement. Said hold harmless and
indemnification provision shall apply regardless of whether or not said insurance policies are
determined to be applicable to the claim, demand, damage, liability, loss, cost or expense
described in this Section. The provisions of this Section shall survive the expiration or
termination of this Agreement. The provisions of this Section shall apply to all use of City
facilities by TVRHL pursuant to this Agreement. Failure of City to monitor compliance with
requirement set forth in this Agreement imposes no additional obligations on City and will in
no way act as a waiver of any rights hereunder.
12. Liability Insurance
TVRHL shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Attachment “B” attached hereto and incorporated herein
by this reference as though set forth in full. Coverage shall apply to all use of City facilities
by TVRHL pursuant to this Agreement.
13. Routine Maintenance and Operations
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Except as specifically provided for in the Agreement, all maintenance of Premises shall be
done at City’s sole discretion and shall be performed by City force account or by City’s
authorized agent unless approved by the City Manager or the City Manager’s designee in
writing. All maintenance authorized to be performed by TVRHL shall adhere to City
specifications and standards.
A. During use under this Agreement, TVRHL shall be responsible to perform the
following maintenance on Premises at TVRHL’s sole cost and expense. TVRHL
shall not perform any maintenance procedures during scheduled or non-scheduled
use of the court and shall lock the gates and close the court while maintenance is
being performed. Only officers for TVRHL shall be authorized to enter the court and
perform maintenance to the court.
1. At least sixty (60) days Pprior to the first game of the season, and no less than
annually, a representative from TVRHL shall meet with the City Manager or
the City Manager’s designee to review the condition of the court. TVRHL shall
maintain the wood dasher boards and chain link fencing to the satisfaction of
the City.
2. Pick up trash and recycle materials on and within 100’ around Premises and
provide for additional trash containers as needed. Trash and recycling
containers shall be emptied when they are no more than seventy-five percent
(75%) full, with trash and recycle materials placed in the appropriate trash or
recycle container bin. Additionally, recycle material shall be removed from the
liner and placed in the appropriate recycling bin. All recycle and trash
receptacles shall be installed with trash liners. Liners shall be supplied by
TVRHL. Trash liners shall be black in color and 1.5 Mil or better, and recycle
liners shall be clear, unless otherwise approved by the City.
3. Remove graffiti from fences, wood dasher boards, and court surfacing, within
twenty-four (24) hours of notification to do so. All cleaning products used must
be approved by City. If TVRHL fails to remove graffiti as described in this
section, TVRHL authorizes City to remove graffiti and to charge the cost and
expense of such removal to TVRHL, who agrees to pay the same upon
demand.
4. Maintain the wood dasher boards: Ensure wood boards are adequately
secured, free from damage and in good working order to the satisfaction of the
City. Paint shall be in adequate condition and free of peeling or chipping.
Wood shall be painted on both sides at least once per year, unless otherwise
approved in writing by the City, with paint approved by City. The wood shall be
removed as needed to paint both sides. No paint shall be used without City’s
written approval.
5. Maintain the chain link fencing: The chain link fencing and shade screens
shall be free of sags and damage and shall be maintained to the satisfaction
of the City. Fencing support rails and posts shall be free of damage and set
plumb. Latches and hinges shall be in adequate condition. Fencing and
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screens shall be removed or repaired within seventy-two (72) hours of
notification that repair or removal is needed.
6. TVRHL equipment must be secured in the storage container. If an item of
equipment cannot be stored within the storage container, it must be secured in
a location on Premises as approved by City, and in a manner that prevents the
general public from accessing or using the equipment. City may remove any
equipment not stored in a secure storage container.
7. TVRHL shall maintain the court surface during league use, including, but not
limited to weekly brushing the court to clean off dirt and debris, and washing
the court no less than monthly, or as directed by the City, utilizing water
conservation and stormwater pollution best management practices including,
but not limited to, dry cleaning prior to washing, washing without soaps and
solvents, and use of a hand bucket or similar container, a handheld hose with
a positive self-closing water shutoff device, a low volume, high pressure
cleaning machine, or a low volume, high pressure water broom.
B. TVRHL shall share 50 % of the costs to maintain the court surface and player bench.
Shared maintenance costs shall include, but are not limited to the following:
Resurfacing, striping, and concrete repairs to the court and player bench area,
including the player benches. The court shall be resurfaced no less than once every
five years, unless otherwise determined by the City. TVRHL shall be invoiced by the
City upon completion of the repairs. TVRHL shall submit payment within 30 days of
receipt of said invoice.
C. City shall not be obligated to repair, replace or maintain the Premises in any manner
throughout the term of this Agreement. City shall not be obligated to perform any
precautionary or preventative measures with respect to the Premises, including, but
not limited to drainage and flood control measures. Should City perform any of the
foregoing, such services shall be at the sole discretion of City, and the performance
of such services shall not be construed as an obligation or warranty by City of the
future or ongoing performance of such services. City shall determine maintenance
specifications.
14. Improvements
TVRHL shall not make any alterations, additions, or improvements upon the Premises
without the prior written consent of the City Manager or the City Manager’s designee.
Requests to make alterations, additions, or improvements must be submitted to the City in
writing no less than fifteen (15) business days prior to the desired start date for work.
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
maintained at TVRHL’s sole cost and expense in strict accord with all federal, state, county,
and local laws, ordinances, codes, and standards relating thereto, including ADA
requirements. Performance of work shall be subject to City monitoring and inspection. At
City’s sole discretion, work may be stopped if it does not conform to City specifications and
standards.
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Unless otherwise expressly agreed to in writing by the City Manager or the City Manager’s
designee, any alterations, additions and improvements shall remain on and be surrendered
with the Premises upon the expiration or termination of this Agreement. TVRHL shall timely
pay all costs associated with any and all improvements, and shall keep the Premises free
and clear of all mechanics liens. TVRHL agrees to and shall indemnify, defend, and save
City free and harmless against all liability, loss, damage, costs, attorney fees and other
expenses of any nature resulting from any TVRHL alterations, additions, or improvements to
the Premises.
If TVRHL discontinues use of Premises for a period of eighteen (18) consecutive months, all
improvements to Premises not already owned by City shall become the property of the City
unless otherwise authorized by the City Manager or the City Manager’s designee in writing.
15. Amplified Sound
TVRHL agrees not to use amplified sound without the prior written authorization of the City
Manager or the City Manager’s designee. TVRHL agrees to abide by the provisions
regulating amplified sound as set forth in sections 12.16 (Parks and Open Space), and
17.53 (Noise), of the MMC.
16. Flammable Material, Waste, and Nuisances
TVRHL 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. TVRHL also specifically
agrees that it will not allow others to take such actions on the Premises. TVRHL further
agrees that it will keep the Premises clean, free from weeds, rubbish, and debris and in a
condition satisfactory to City.
TVRHL shall also provide adequate controls for dust, odors, and noise which may emanate
from the Premises or from TVRHL’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. TVRHL 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. TVRHL also agrees that it shall not use amplified sound or field
lighting on Premises for any reason, without the prior written consent of the City Manager or
the City Manager’s designee.
17. Pesticides and Herbicides
TVRHL 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.
TVRHL 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.
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18. Hazardous Materials Indemnity
TVRHL 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 TVRHL; and (b) including, without
limitation, the cost of any required or necessary repair, cleanup, or detoxification and the
preparation of any closure or other required plans, to the full extent that such action is
attributable, directly or indirectly, to the presence, or use, generation, storage, release,
threatened release, or disposal of Hazardous Materials on the Premises by TVRHL. As
used in this Section, Hazardous Materials means any flammable explosives, radioactive
materials, asbestos, PCBs, hazardous water, toxic substances of related materials,
including, without limitation, substances, defined as "hazardous substances", "hazardous
materials", or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the
Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic
Substances Control Act, 15 USC, Section 2601, et seq.; any other federal, state, or local law
applicable to the Premises; and in the rules and regulations adopted or promulgated under
or pursuant to any of said laws. The provisions of this Section shall survive the expiration or
earlier termination of this Agreement.
19. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof,
and for the purpose of providing maintenance and making such repairs as City desires to
make.
20. Governing Law
TVRHL agrees that in the exercise of its rights under this Agreement, TVRHL shall comply
with all applicable federal, state, county and local laws and regulations in connection with its
use of the Premises, including but not limited to, the ADA. The existence, validity,
construction, operation, and effect of this Agreement and all of its terms and provisions shall
be determined in accordance with the laws of the state of California.
21. Discrimination
TVRHL agrees not to discriminate against any person or class of persons by reason of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status of such person; or any
other basis protected by applicable federal, state, or local lawrace, ancestry, physical
disability, medical condition, marital status, gender, color, religious creed, or national origin
in the use of the Premises.
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22. Assignment and Subletting
TVRHL 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 TVRHL excepted) to occupy or use the Premises,
or any portion thereof, without the prior written consent of the City Manager or the City
Manager’s designee. A consent to one assignment, subletting, occupation, or use by
another person shall not be deemed to be a consent to any subsequent assignment,
subletting, occupation, or use by another person. This Agreement shall not, nor shall any
interest therein, be assignable, as to the interest of TVRHL, by operation of law, without the
written consent of the City Manager or the City Manager’s designee. Any assignment or
subletting without such consent shall be void, and shall, at the option of the City, terminate
this Agreement. No legal title or interest in Premises is created or vested in TVRHL by this
Agreement.
23. Insolvency or Bankruptcy
TVRHL 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 TVRHL 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 TVRHL thereupon shall cease and
terminate.
24. Default or Breach
Except as otherwise provided, at any time one party to this Agreement is in default or
breach in the performance of any of the terms and conditions of this Agreement, the other
party shall give written notice to remedy such default or breach. If default or breach is
remedied within thirty (30) days following such notice, then this Agreement shall continue in
full force and effect. If such default or breach is not remedied within thirty (30) days
following such notice or if the nature of the default is such that it cannot reasonably be
cured within thirty (30) days, if TVRHL fails to commence to cure within the thirty (30) day
period, the other party may, at its option, terminate this Agreement. Such termination shall
not be considered a waiver of damages or other remedies available to either party because
of such default or breach. Each term and condition of this Agreement shall be deemed to
be both a covenant and a condition.
25. Interpretation
Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed
that this Agreement was prepared by the parties jointly and equally, and shall not be
interpreted against either party on the ground that the party prepared the Agreement or
caused it to be prepared.
26. Waiver
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A waiver by either party or any default or breach by the other party in the performance of
any of the covenants, terms or conditions of this Agreement shall not constitute or be
deemed a waiver of any subsequent or other default or breach.
27. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
28.
Intentionally Left Blank
29. Remedies
In case of the failure or refusal of TVRHL 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 TVRHL’s personal property from the Premises at the sole cost,
expense and risk of TVRHL, which cost and expense TVRHL agrees to pay to City upon
demand, together with interest thereon at the maximum rate allowed by law, and all use
fees due to date from the date of expenditure by City.
30. Attorney Fees
In case City shall bring suit to compel performance of or to recover for breach of any
covenant, agreement, or condition herein contained and such suit results in a judgment for
City, TVRHL will pay to City attorney fees in addition to the amount of judgment.
31. Notices and Payments
All notices required under this Agreement including change of address shall be in writing,
and all notices and payments shall be made as follows:
All payments and notices to TVRHL shall be given or mailed to TVRHL at the address
listed below and addressed to the current TVRHL President. It is the responsibility of
TVRHL to notify City when there has been a change with regard to the individual serving as
President and to provide the City with name, address, and 24-hour contact phone number
of the new President.
Tri-Valley Roller Hockey League
Ric Collins
11 Elliott Court
Simi Valley, CA 93065
All payments and notices to City shall be given or mailed to:
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City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
32. Partial Invalidity
If any term, covenant, condition, or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
33. Gender and Number
For the purpose of this Agreement wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall include the
plural and the plural number shall include the singular, wherever the context so requires.
34. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to be
used in interpreting or construing the terms, covenants, and conditions of this Agreement.
35. Modification
This Agreement may be terminated, extended, or amended in writing by the mutual written
consent of the parties hereto. Such amendments may be executed by the City Manager
on behalf of the City.
36. Venue
This Agreement is made, entered into, executed in Ventura County, California, and any
action filed in any court for arbitration for the interpretation, enforcement or other action of
the terms, conditions or covenants referred to herein shall be filed in the applicable court in
Ventura County, California.
37. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous negotiations and understandings between the parties. There are no
representations, warranties, or commitments, oral or written, other than those expressly set
forth herein.
38. Authority to Execute Agreement
The person executing this Agreement on behalf of TVRHL warrants and represents that
he/she has the authority to execute this Agreement on TVRHL’s behalf and has the
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authority to bind TVRHL to the terms of this Agreement.
IN WITNESS W HEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK TRI-VALLEY ROLLER HOCKEY
LEAGUE
_______________________________ _______________________________
Steven KuenyTroy Brown Ric Collins
City Manager President
Attest:
_________________________________
Maureen Benson
City Clerk
Attachments: A: Premises
B: Insurance Requirements
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Attachment A
Premises
Arroyo Vista Community Park, Multi-Purpose Court
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Attachment B
Insurance Requirements
TVRHL shall secure, pay for, and maintain in full force and effect for the duration of this
Agreement a policy of comprehensive insurance as detailed below from a good and responsible
company or companies authorized to do insurance business in the State of California, with a Best
Rating / FPR of no less than A-. Policies shall bear an endorsement or shall have attached a rider
whereby it is provided that, in the event of amendment or cancellation of such policy for any
reason whatsoever, City shall be notified by registered mail, postage prepaid, return receipt
requested, not less than thirty (30) days before the amendment or cancellation is effective.
TVRHL shall furnish a Certificate of Liability Insurance and Insurance Endorsement, subject ot the
City’s acceptance, to the City within thirty (30) days of prior to execution of this Agreement.
TVRHL agrees to have its insurer endorse, to the satisfaction of the City, the third party general
liability coverage required herein to include as additional insureds the City of Moorpark and its
officials, employees, and agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement
attached thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to TVRHL or
City.
B. Provide a minimum of $1,000,000.00 per occurrence with a minimum of $2,000,000
aggregate commercial general liability coverage, and shall be written on an occurrence basis.
C. TVRHL’s policy shall be considered primary insurance with respect to any other valid and
collectible insurance the City may possess, including any self-insured retention the City may
have, and any other insurance the City does possess shall be considered excess and shall not
contribute to it.
2. AUTO INSURANCE
Business Auto Coverage, on ISO Business Auto Coverage form CA 00 01 including symbol 1
(Any Auto), or the exact equivalent. Limits are subject to review, but in no event to be less than
$1,000,000.00 per accident. If TVRHL owns no vehicles, this requirement may be satisfied by a
non-owned auto endorsement to the general liability policy described above. If TVRHL or
TVRHL’s employees, participants, associates, or volunteers will use personal autos in any way
during the performance of this Agreement, TVRHL shall provide evidence of personal auto liability
for each such person.
3. WORKERS’ COMPENSATION INSURANCE Workers’ Compensation Insurance, on a state-approved policy form providing statutory benefits
as required by law. TVRHL shall furnish a Certificate of Insurance to the City within thirty (30) days
of execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrence
basis.
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
UNITED STATES YOUTH VOLLEYBALL LEAGUE
FOR USE OF CITY FACILITIES
THIS AGREEMENT, made and entered into this __________day of ________________,
20152018, between the CITY OF MOORPARK, a municipal corporation located in the
County of Ventura, State of California, hereinafter referred to as "City" and UNITED
STATES YOUTH VOLLEYBALL LEAGUE, a nonprofit organization, hereinafter referred to
as "USYVL".
W I T N E S S E T H:
WHEREAS, youth sports programs are a valuable asset to the Moorpark
community; and
WHEREAS, USYVL provides volleyball programs for the youth of the Moorpark
community; and
WHEREAS, USYVL desires to use City sports facilities; and
WHEREAS, the Moorpark City Council has authorized the implementation of facility
use agreements for Moorpark nonprofit youth sports organizations in order to provide
special conditions, priority use, and reduced use fees to the youth sports organizations.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises contained herein, the parties hereto agree as follows:
1. Premises
City, in consideration of the fees to be paid and of the indemnifications, covenants, and
agreements agreed to herein, hereby grants to USYVL, and USYVL hereby accepts from
City, the use of certain real property and associated facilities and equipment at Mammoth
Highlands Park, hereinafter “MHP,” including the following, as described below and in
Attachment "A" attached hereto and by this reference incorporated herein, together with
any and all improvements thereon, all of which are hereinafter referred to as the
"Premises" for the following use periods:
A. During the fall and spring seasons and other use periods including but not limited to
tournaments, training clinics, camps, and advanced, specialized, or year-round
team practices not associated with a specific season: Athletic field. The fall season
shall start no earlier than August 1 and conclude no later than November 30. The
spring season shall start no earlier than March 1 and conclude no later than June
30.
B. At City’s sole discretion, other fields may be temporarily assigned to USYVL if all, or
a portion of, field listed above is not available due to closure for maintenance or use
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by City for its own programs.
For use of City facilities beyond or other than described above, USYVL agrees to obtain a
park Rrental pPermit and pay rental fees as described in the current Park Rental Rules and
Park Rental Fees Resolutions.
2. Term
The term of this Agreement shall be for three (3) years, commencing on July 1, 20152018,
and ending on June 30, 20182021, provided however, that City's obligations hereunder
shall be contingent upon USYVL's payment in full of all use and related fees and fulfillment
of all obligations as set forth in this Agreement.
This Agreement may be terminated by either party with or without cause by providing
written notice no less than thirty (30) days in advance of such termination.
3. Use Fees
USYVL agrees to pay the City Use Fees for the Premises as follows:
A. Hourly Use use Fees fees for Sports Ffields for facilities as described in Section 1 A
of this Agreement:
Year 1 (use between July 1, 2015, and June 30, 2016):
$7.008.75/hour for athletic fields
$56.00/hour for softball/baseball fields or open grass areas
Year 2 (use between July 1, 2016, and June 30, 2017):
$8.00/hour for athletic fields
$5.50/hour for softball/baseball fields
Year 3 (use between July 1, 2017, and June 30, 2018):
$8.00/hour for athletic fields
$5.50/hour for softball/baseball fields
B. Non-resident Fee: Single Family Equivalent park assessment per family, for children
registered in the league who reside outside of Moorpark city limits. The fee shall be
paid once per fiscal year per family. In the event a child, or his/her sibling(s),
participate in two or more youth sports organizations with approved facility use
agreements, the non-resident fee shall be equally divided among said youth sports
organizations.
USYVL shall submit a registration roster, including names of non-resident
participants, and street addresses and zip codes of all participants (both resident
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and non-resident), registered in the program within five (5) business days of the
close of registration for each use period for the purpose of verifying, assessing, and
tracking non-resident fees and ensuring compliance with minimum participant and
residency requirements. Rosters shall be submitted via email to the Recreation
Division manager in Excel workbook format.
City shall calculate non-resident fees due no later than May 30 of each year. USYVL
shall be notified in writing of non-resident fees due no later than June 1. Non-
resident fees must be paid in full no later than June 25. Non-resident Fee: Single
Family Equivalent park assessment per family, for children registered in the league
who reside outside of Moorpark city limits. The fee shall be paid once per fiscal year
per family. USYVL shall submit a registration roster, including names of non-
resident participants, and street addresses and zip codes of all participants (both
resident and non-resident), registered in the program within thirty (30) days of the
start of each season for the purpose of verifying, assessing, and tracking non-
resident fees paid. Rosters shall be returned to USYVL after review and recording of
non-resident participants. Non-resident fees shall be payable within thirty (30) days
of notification by City of amount due. City shall reconcile non-resident fees paid
thirty (30) calendar days prior to the end of each fiscal year. In the event USYVL
paid to City more than one non-resident fee per family for the fiscal year, City shall
refund to USYVL any overpayment of the non-resident fee. In the event two (2) or
more organizations paid non-resident fees to City for the same family, the
overpayment of fees shall be divided equally among those organizations and
refunded.
B.C. Staff Fees: Staff fees as described in the current City Council Park Rental
FeesStaff Billing Rates Resolution, as may be amended from time to time, for
monitoring of and maintenance during tournaments. Staff fees shall be paid for the
duration of the tournament.
C. Fees shall be charged and payable as defined in the Park Rental Fees Resolution
for all other uses, including use of field lights.
Fees for use under the Agreementof the Premises must be paid in accordance with the
following schedule. Failure to pay fees when due will result in the denial or cancelation of
the Rental pPermit for use under the Agreement:
A. $100 due at time of applicationsubmission of the Reservation Application.
B. 50% payment due within five (5) business days of issuance of approved Rental
Ppermit for seasonal use, full payment due within five (5) business days of issuance
of the approved Rental Ppermit for tournaments or other use.
C. Balance of payment due within ten (10) business days of start of season for
seasonal use.
The City may adjust the Use Fees, referenced in this section on or before the beginning of
the new fiscal year, commencing on July 1 and ending June 30, by giving USYVL written
notice by April 1.
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Fees other than those specifically described above shall be charged and payable as
defined in the Park Rental Fees Resolution. This includes, but is not limited to, permit
application fees, vendor fees, security deposits, cancellation fees, refund processing
fees, and fees for use of City facilities other than Premises.
4. Refunds or Credits for Use Fees
Use Fees paid may be refunded or credited under the following conditions:
A. The Premises are unusable due to inclement weather (temperatures below 45°F or
above 95°F, active precipitation, winds in excess of thirty (30) miles-per-hour, or
heavy fog), or conditions exist (as determined by City Manager or the City
Manager’s designee) which make the Premises unusable, such as water saturated
fields. USYVL may also reschedule the canceled date, within the time frames and
maximum use allowed by this Agreement.
B. A request for cancellation for a date or dates reserved and paid for under the
Agreement is received thirty (30) calendar days or more in advance of the
scheduled date or dates.
For requests for cancellations received between twenty-nine (29) and five (5) calendar
days prior to the scheduled date, USYVL may reschedule the canceled date, within the
time frames and maximum use allowed by this Agreement.
No refunds or credits will be issued for requests for cancellations received less than five (5)
calendar days in advance, and the canceled date or dates may not be rescheduled.
5. Use
The Premises shall be used for USYVL’s authorized games, practices, and training
sessions. The Premises shall be used as specified in this Agreement only, and shall not be
used for any other purpose without the prior written consent of the City Manager or the City
Manager’s designee.
Use under this Agreement is limited to a maximum of forty-two (42) total weeks per
calendar year, plus three (3) annual tournaments. Each tournament may not exceed two
(2) weekends or four (4) total days. Weekends for each tournament must be consecutive,
unless facilities are not available due to City use, maintenance, holidays, or other rental
use. Tournament use is subject to availability of fields.
For use of City facilities beyond the time frames described above, USYVL agrees to obtain
a park rental permit and pay rental fees as descried in the current Park Rental Fees
Resolution.
A schedule of times and days requested for reservation for games and practicesuse of
Premises shall be furnished to the Director of Parks and Recreation Director (PR Director)
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or the PR Director designee for the City’s approval at least thirty (30) calendar days prior to
the start of the season or tournament. as follows:
A. Fall season: On or before July 15. Fields not requested for reservation by USYVL
for the fall season by this date will be available to the public and USYVL will not
have priority use of them.
B. Spring season: On or before February 15. Fields not requested for reservation by
USYVL for the spring season by this date will be available to the public and USYVL
will not have priority use of them.
C. Tournaments: At least sixty (60) calendar days prior to the first day of tournament
play.
D. All other use: At least thirty (30) calendar days prior to the start of the use period.
The Reservation Request must be provided on the “Park Facility Reservation Application
Youth Sports Organizations” form for seasonal use, and on the “Tournament Reservation
Application” form for tournaments. A separate Reservation Request must be submitted for
each use period (including fall season, spring season, all-stars, tournaments, training
clinics, camps, and other use periods.)
Reservation Requests not submitted by the above stated deadlines, or without the
completed forms as referenced above, will not qualify for use under the Agreement.
Reservation Requests submitted after the above stated deadlines will forfeit priority use
over other renters, will not be eligible for the reduced hourly field Use Fees as described in
3.a. of this Agreement, and will be processed and fees charged in accordance with the
Park Rental Rules and Park Rental Fees Resolutions.
The City shall provide USYVL with an approved Rental Permit based on each Reservation
Request detailing the dates and times USYVL is authorized to use Premises. Requested
changes to the approved Rental Permit must be submitted to City in writing. All requested
changes must be approved by City.
The approved Rental Permit may contain additional conditions or special requirements.
These include but are not limited to the requirement of portable toilets and trash and
recycle dumpsters for tournaments, permission for overnight security for tournaments, and
vendor requirements. USYVL shall abide by all conditions and requirements on the
approved Rental Permit.
The schedule must be provided on the “Park Facility Reservation Application Youth Sports
Organizations” form for seasonal use, and on the “Tournament Reservation Application”
form for tournaments. Schedules submitted less than thirty (30) calendar days in advance,
or without the completed forms as referenced above, will not qualify for use under the
Agreement. Reservation requests submitted less than thirty (30) days in advance will be
processed and fees charged in accordance with the Park Rental Rules and Park Rental
Fees Resolutions.
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The City shall provide USYVL with an approved Rental Permit detailing the dates and
times USYVL is authorized to use Premises. Changes to the schedule must be submitted
to City in writing.
At all times, City retains the right to use Premises for City sponsored and co-sponsored
events upon no less than thirty (30) days written notice to USYVL.
The general public shall have access to and use of Premises at times not included in the
approved Rental Permit. USYVL shall not have priority use of Premises outside of the
approved Rental Permit.
6. General Conditions
A. In order to retain rights under this agreement, USYVL shall maintain status as a 501
(c) (3) nonprofit corporation with a program located within the City of Moorpark.
USYVL agrees to provide City with proof of nonprofit status and a certified
accounting of its financial status each year.
The annual financial accounting shall include: 1) a budget summary of actual
revenue and expenditures from USYVL’s prior fiscal year; 2) a budget summary of
estimated revenue and expenditures for USYVL’s current fiscal year; and 3) a bank
statement or account summary to verify information provided in budgets. The
financial accounting and proof on nonprofit status shall be submitted with the “Youth
Sports Organization Information Sheet” on or before January 15 of each year.
B. In order to retain rights under this Agreement, USYVL must register and maintain a
minimum of fifty (50) players. Additionally, a minimum of eighty seventy-five percent
(8075%) of participants must reside within Moorpark city limits. USYVL shall provide
City with a registration rosters as described in 3 C of this Agreement. , including
street addresses and zip codes, of participants registered in the program for the
purpose of verifying minimum player and residency requirements. Rosters shall be
returned to USYVL after review by City. In lieu of a printer roster, USYVL may
provide City staff with access to their registration data base. Rosters and/or data
base access shall be provided to City within five (5) business days of the close of
registration for each season, and with the submission of the “Youth Sports
Organization Information Sheet.”
C. USYVL shall submit annually to the City a completed “Youth Sports Organization
Information Sheet,” the form of which shall be as provided by the City. The
information sheet for each calendar year shall be submitted no later than January
15.
D. USYVL shall submit to City a Certificate of Authorized Signatories, with names and
signatures of those authorized to sign documents on behalf of USYVL. A new form
shall be submitted any time the list of authorized signatories changes.
E. USYVL agrees to obtain a rRental pPermit and pay rental fees as required by
section 12.16.160 of the Moorpark Municipal Code (MMC) for all use of City facilities
not included in the “Premises” and “Use” sections of this Agreement. USYVL further
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agrees to notify all coaches and participants of the City’s rules and regulations
governing City park rentals, and shall prohibit any coach or participant from
interfering with a permitted park rental.
7. Wet Field Policy
USYVL agrees to abide by the terms of the Wet Field Policy as described in the Rules and
Regulations Governing City Park Rentals Resolution, as may be amended from time to
time, to preserve the quality and life of the fields and promote a safe playing environment.
The Wet Field Policy applies to conditions due to precipitation, over-watering, and/or
irrigation system problems, or other circumstances that may result in wet fields. When
fields are sufficiently wet such that their use may lead to turf damage or bodily injury, they
will be closed to all use at the City Manager’s or the City Manager’s designee’s sole
discretion.
Fields are closed under the following conditions:
A. Rain (with the exception of light drizzle if the ground is relatively hard and dry prior
to the start of the drizzle).
B. Standing water/ponding or mud is present.
C. Water gathers around the sole of a shoe.
D. Footprints leave an impression in the turf.
E. Other conditions deemed unsuitable for recreational activities as determined by the
City Manager or the City Manager’s designee.
8. Signs
USYVL agrees not to permit the construction or placement of any sign, signboard, or other
form of outdoor advertising on the Premises without the prior written consent of the City
Manager or the City Manager’s designee. In the event of a violation of this provision by
USYVL or any one claiming under USYVL, USYVL hereby authorizes City as USYVL's
Agent, to remove and dispose of any such sign, signboard, or other advertising, and to
charge the cost and expense of any such removal and disposal to USYVL who agrees to
pay the same upon demand.
This provision does not prohibit the use of identification banners for individual teams and
sponsors, which may be displayed during games and shall be removed following the end of
each game.
USYVL further agrees to abide by the City’s Sign Ordinance regarding the placement of
signs at any location other than Premises.
9. Vendors
Vendors are not permitted without the prior written authorization of the City Manager or the
City Manager’s designee. Vendors are subject to the following conditions:
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A. Vendors must complete the City’s vendor application form.
B. Vendors must be self-contained.
C. Vendors must abide by all local, state, and federal laws, including but not limited to,
environmental health regulations and the Americans with Disabilities Act (ADA).
Vendors must have a current Moorpark business registration permit as required by
MMC 5.08 (Business Registration Permit).
D. Vendors may not sell tobacco, alcohol, or any other product or item not approved by
the City.
USYVL must pay to the City vendor fees as described in the current Park Rental Fees
resolution.
fee of twenty-five dollars ($25.00) per vendor per day.
10. Indemnification and Hold Harmless
USYVL hereby agrees to hold harmless and indemnify City, its officials, agents, and
employees, and its successors and assigns, from and against all claims, loss, damage,
actions, causes of actions, expense (including costs of fees and expenses for legal
services), and/or liability arising or growing out of loss or damage or destruction to property,
including City's own personal property, or injury to or death of persons, including
employees of City, resulting in any manner whatsoever directly or indirectly, by reason of
this Agreement or the use of City facilities by USYVL or any person claiming use under or
through USYVL unless such loss, damage, injury, or death is due to the sole negligence of
the City. USYVL shall also hold the City harmless from all costs and expenses, including
costs of investigation arising out of or incurred in the defense of any claim, proceeding, or
action brought for injury to persons or damage to property, resulting from or associated
with the use of City facilities under this Agreement and shall further save and hold
harmless the City from any and all orders, judgments, and decrees which may be entered
in any and all such suit or actions. USYVL and all others using said facilities under this
Agreement hereby waive any and all claims against the City of damage to persons or
property in, or about City facilities.
The City does not, and shall not, waive any rights that it may have against USYVL by
reason of this Section, because of the acceptance by the City, or the deposit with the City,
of any insurance policy or certificate required pursuant to this Agreement. Said hold
harmless and indemnification provision shall apply regardless of whether or not said
insurance policies are determined to be applicable to the claim, demand, damage, liability,
loss, cost or expense described in this Section. The provisions of this Section shall survive
the expiration or termination of this Agreement. The provisions of this Section shall apply to
all use of City facilities by USYVL pursuant to this Agreement. Failure of City to monitor
compliance with requirement set forth in this Agreement imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11. Liability Insurance
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USYVL shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Attachment “B” attached hereto and incorporated
herein by this reference as though set forth in full. Coverage shall apply to all use of City
facilities by USYVL pursuant to this Agreement.
12. Routine Maintenance and Operations
Except as specifically provided for in the Agreement, all maintenance of Premises shall be
done at City’s sole discretion and shall be performed by City force account or by City’s
authorized agent unless approved by the City Manager or the City Manager’s designee in
writing. All maintenance authorized to be performed by USYVL shall adhere to City
specifications and standards.
City agrees to allow USYVL to access the field portion of Premises with no more than two
(2) vehicles for the specific purpose of setting up and taking down volleyball equipment
only. USYVL agrees not to use vehicles on the field whenever the ground is wet, for
whatever reason, without obtaining City’s written approval. USYVL also agrees that
vehicles it uses for this purpose shall not exceed a gross vehicle weight (GVW) of 5,400
pounds. USYVL further agrees that only licensed drivers age sixteen (16) or older may
drive said vehicles. USYVL agrees to immediately report to City any damage to Premises
caused by use of vehicles on Premises. USYVL further agrees to repair any such damage
at USYVL’s sole cost and expense to the satisfaction of the City.
A. During use under this Agreement, USYVL shall be responsible to perform the
following maintenance on Premises at USYVL’s sole cost and expense:
1. Set up temporary volleyball courts on designated grass area using cones,
string, poles, and nets, all supplied by USYVL at its own expense. All
materials and equipment will be taken down and stored off Premises at the
end of each day. Any alternative methods for marking volleyball court lines
must receive written approval of City in advance. Set up may begin no earlier
than 6:00 a.m. on game and practice days.
2. Pick up trash and recycle materials on and within 100’ around Premises and
provide for additional trash containers as needed. Trash and recycling
containers shall be emptied when they are no more than seventy-five percent
(75%) full, with trash and recycle materials placed in the appropriate trash or
recycle container bin. Additionally, recycle material shall be removed from
the liner and placed in the appropriate recycling bin. All recycle and trash
receptacles shall be installed with trash liners. Liners shall be supplied by
USYVL. Trash liners shall be black in color and 1.5 mill or better, and recycle
liners shall be clear, unless otherwise approved by the City.
B. City shall be responsible to perform the following:
1. Irrigate, mow, fertilize, and aerate at City’s expense turf areas within
Premises.
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C. City shall not be obligated to repair, replace or maintain the Premises in any manner
throughout the term of this Agreement. City shall not be obligated to perform any
precautionary or preventative measures with respect to the Premises, including, but
not limited to drainage and flood control measures. Should City perform any of the
foregoing, such services shall be at the sole discretion of City, and the performance
of such services shall not be construed as an obligation or warranty by City of the
future or ongoing performance of such services. City shall determine maintenance
specifications.
C.D. City agrees to allow USYVL to access the field portion of Premises with no
more than two (2) vehicles for the specific purpose of setting up and taking down
equipment only. Vehicles shall not exceed a gross vehicle weight (GVW) of 5,400
pounds and may only include golf carts, utility vehicles (“Gators”), or all-terrain
vehicles (ATVs). Vehicles must be equipped with turf tires. USYVL agrees not to
use vehicles on the field whenever the ground is wet, for whatever reason, without
obtaining the City Manager’s or the City Manager’s designee’s written approval.
USYVL further agrees that only licensed drivers age eighteen (18) or older may
drive said vehicles. USYVL agrees to immediately report to City any damage to
Premises caused by use of vehicles on Premises. USYVL further agrees to repair
any damage caused by USYVL’s use of vehicles at USYVL’s sole cost and expense
to the satisfaction of the City. Except as described above, use of any other vehicle
on any area other than roadways and parking lots requires the advance written
approval of City.
13. Improvements
USYVL shall not make any alterations, additions, or improvements upon the Premises
without the prior written consent of the City Manager or the City Manager’s designee.
Requests to make alterations, additions, or improvements must be submitted to the City in
writing no less than fifteen (15) business days prior to the desired start date for work.
All City authorized alterations, additions, and improvements shall be done in a good and
workmanlike manner and diligently prosecuted to completion, and shall be performed and
maintained at USYVL’s sole cost and expense in strict accord with all federal, state,
county, and local laws, ordinances, codes, and standards relating thereto, including ADA
requirements. Performance of work shall be subject to City monitoring and inspection. At
City’s sole discretion, work may be stopped if it does not conform to City specifications and
standards.
Unless otherwise expressly agreed to in writing by the City Manager or the City Manager’s
designee, any alterations, additions, and improvements shall remain on and be
surrendered with the Premises upon the expiration or termination of this Agreement.
USYVL shall timely pay all costs associated with any and all improvements, and shall keep
the Premises free and clear of all mechanics liens. USYVL agrees to and shall indemnify,
defend, and save City free and harmless against all liability, loss, damage, costs, attorney
fees and other expenses of any nature resulting from any USYVL alterations, additions, or
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improvements to the Premises.
If USYVL discontinues use of Premises for a period of eighteen (18) consecutive months,
all improvements to Premises not already owned by City shall become the property of the
City unless otherwise authorized by the City Manager or the City Manager’s designee in
writing.
14. Amplified Sound
USYVL agrees not to use amplified sound without the prior written authorization of the City
Manager or the City Manager’s designee. USYVL agrees to abide by the provisions
regulating amplified sound as set forth in sections 12.16 (Parks and Open Space), and
17.53 (Noise), of the MMC.
15. Flammable Material, Waste, and Nuisances
USYVL agrees that it will not place or store any flammable materials on the Premises, that
it will not commit any waste or damage, nor suffer any to be done. USYVL also specifically
agrees that it will not allow others to take such actions on the Premises. USYVL further
agrees that it will keep the Premises clean, free from weeds, rubbish, and debris and in a
condition satisfactory to City.
USYVL shall also provide adequate controls for dust, odors, and noise which may emanate
from the Premises or from USYVL's activities on adjacent property and take appropriate
steps necessary to prevent dust contamination of City's facilities located on, near or
adjacent to the Premises. USYVL agrees to take preventative action to eliminate such
dust, odor, noise, or any other nuisance which may disturb the adjacent or nearby
community and agrees to be responsible for and to assume all liability for such dust, odor,
noise, or other nuisance disturbances. USYVL also agrees that it shall not use amplified
sound or field lighting on Premises for any reason, without the prior written consent of the
City Manager or the City Manager’s designee.
16. Pesticides and Herbicides
USYVL agrees that prior to any application of either pesticides or herbicides, it shall
receive written consent from City, and further any pesticide or herbicide applications on the
Premises shall be made in accordance with all federal, state, county, and local laws.
USYVL further agrees to dispose of any pesticides, herbicides, or any other toxic
substances which are declared to be either a health or environmental hazard in such a
manner as prescribed by law. This shall include, but shall not be limited to, contaminated
containers, clothing, equipment, or any other contaminated material.
17. Hazardous Materials Indemnity
USYVL hereby agrees to indemnify and hold harmless City, and its respective officers,
employees, and agents, from and against any and all claims, actions, losses, liabilities,
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costs and expenses: (a) including, without limitation, all foreseeable and all unforeseeable
consequential damages, directly or indirectly arising out of the use, generation, storage, or
disposal of Hazardous Material on the Premises by USYVL; and (b) including, without
limitation, the cost of any required or necessary repair, cleanup, or detoxification and the
preparation of any closure or other required plans, to the full extent that such action is
attributable, directly or indirectly, to the presence, or use, generation, storage, release,
threatened release, or disposal of Hazardous Materials on the Premises by USYVL. As
used in this Section, Hazardous Materials means any flammable explosives, radioactive
materials, asbestos, PCBs, hazardous water, toxic substances of related materials,
including, without limitation, substances, defined as "hazardous substances", "hazardous
materials", or "toxic substances" in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the
Resource Conservation and Recovery Act, 42 USC, Section 6901, et seq.; the Toxic
Substances Control Act, 15 USC, Section 2601, et seq.; any other federal, state, or local
law applicable to the Premises; and in the rules and regulations adopted or promulgated
under or pursuant to any of said laws. The provisions of this Section shall survive the
expiration or earlier termination of this Agreement.
18. Entry by City
City may enter upon the Premises at all reasonable times to examine the condition thereof, and
for the purpose of providing maintenance and making such repairs as City desires to make.
19. Governing Law
USYVL agrees that in the exercise of its rights under this Agreement, USYVL shall comply
with all applicable federal, state, county, and local laws and regulations in connection with
its use of the Premises, including but not limited to the ADA. The existence, validity,
construction, operation, and effect of this Agreement and all of its terms and provisions
shall be determined in accordance with the laws of the state of California.
20. Discrimination
USYVL agrees not to discriminate against any person or class of persons by reason of
race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status of such person; or any
other basis protected by applicable federal, state, or local law irace, ancestry, physical
disability, medical condition, marital status, gender, color, religious creed, or national origin
in the use of the Premises.
21. Assignment and Subletting
USYVL shall not assign this Agreement, or any interest therein, and shall not assign use of
the Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any
other person (the agents and servants of USYVL excepted) to occupy or use the Premises,
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or any portion thereof, without the prior written consent of the City Manager or the City
Manager’s designee. A consent to one assignment, subletting, occupation, or use by
another person shall not be deemed to be a consent to any subsequent assignment,
subletting, occupation, or use by another person. This Agreement shall not, nor shall any
interest therein, be assignable, as to the interest of USYVL, by operation of law, without the
written consent of the City Manager or the City Manager’s designee. Any assignment or
subletting without such consent shall be void, and shall, at the option of the City, terminate
this Agreement. No legal title or interest in Premises is created or vested in USYVL by this
Agreement.
22. Insolvency or Bankruptcy
If USYVL shall be adjudged bankrupt or insolvent, this Agreement shall thereupon
immediately terminate and the same shall not be assignable by any process of law, or be
treated as an asset of the USYVL under such adjudication, nor shall it pass under the
control of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or
by execution or assignment for the benefit of creditors. If any such event occurs, this
Agreement shall immediately become null and void and of no effect, and City may
thereupon repossess said Premises and all rights of the USYVL thereupon shall cease and
terminate.
23. Default or Breach
Except as otherwise provided, at any time one party to this Agreement is in default or
breach in the performance of any of the terms and conditions of this Agreement, the other
party shall give written notice to remedy such default or breach. If default or breach is
remedied within thirty (30) days following such notice, then this Agreement shall continue in
full force and effect. If such default or breach is not remedied within thirty (30) days
following such notice or if the nature of the default is such that it cannot reasonably be
cured within thirty (30) days, if USYVL fails to commence to cure within the thirty (30) day
period, the other party may, at its option, terminate this Agreement. Such termination shall
not be considered a waiver of damages or other remedies available to either party because
of such default or breach. Each term and condition of this Agreement shall be deemed to
be both a covenant and a condition.
24. Interpretation
Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed
that this Agreement was prepared by the parties jointly and equally, and shall not be
interpreted against either party on the ground that the party prepared the Agreement or
caused it to be prepared.
25. Waiver
A waiver by either party or any default or breach by the other party in the performance of
any of the covenants, terms or conditions of this Agreement shall not constitute or be
deemed a waiver of any subsequent or other default or breach.
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26. Parties Bound and Benefited
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators, and assigns of all the parties hereto; and all of the
parties hereto shall be jointly and severally liable hereunder.
27. Condemnation
If the whole of the Premises should be taken by a public authority under the power of
eminent domain, then the term of this Agreement shall cease on the day of possession by
the public authority. If a part only of the Premises should be taken under eminent domain,
USYVL shall have the right to either terminate this Agreement or to continue in possession
of the remainder of the Premises. If USYVL remains in possession, all of the terms hereof
shall continue in effect, with the fees payable being reduced proportionately for the balance
of the Agreement term.
28. Remedies
In case of the failure or refusal of USYVL to comply with and perform each and all of the
terms and covenants on its part herein contained, this Agreement and all rights hereby
given shall, at the option of City, cease and terminate, and City shall have the right
forthwith to remove USYVL's personal property from the Premises at the sole cost,
expense and risk of USYVL, which cost and expense USYVL agrees to pay to City upon
demand, together with interest thereon at the maximum rate allowed by law, and use fees
due to date from the date of expenditure by City.
29. Attorney Fees
In case City shall bring suit to compel performance of or to recover for breach of any
covenant, agreement, or condition herein contained and such suit results in a judgment for
City, USYVL will pay to City attorney fees in addition to the amount of judgment.
30. Notices and Payments
All notices required under this Agreement including change of address shall be in writing,
and all notices and payments shall be made as follows:
All payments and notices to USYVL shall be given or mailed to USYVL at the address
listed below and addressed to the current USYVL Regional Commissioner. It is the
responsibility of USYVL to notify City when there has been a change with regard to the
individual serving as Regional Commissioner and to provide the City with name, address,
and 24-hour contact phone number of the new Commissioner.
United States Youth Volleyball League
Randy Sapoznik
2771 Plaza Del Amo, Suite 808
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Torrance, CA 90503
All payments and notices to City shall be given or mailed to:
City of Moorpark
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
31. Partial Invalidity
If any term, covenant, condition, or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
32. Gender and Number
For the purpose of this Agreement wherever the masculine or neuter form is used, the
same shall include the masculine or feminine, and the singular number shall include the
plural and the plural number shall include the singular, wherever the context so requires.
33. Paragraph Headings
Paragraph headings in this Agreement are for convenience only and are not intended to be
used in interpreting or construing the terms, covenants, and conditions of this Agreement.
34. Modification
This Agreement may be terminated, extended, or amended in writing by the mutual written
consent of the parties hereto. Such amendments may be executed by the City Manager
on behalf of the City.
35. Venue
This Agreement is made, entered into, executed in Ventura County, California, and any
action filed in any court for arbitration for the interpretation, enforcement or other action of
the terms, conditions or covenants referred to herein shall be filed in the applicable court in
Ventura County, California.
36. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous negotiations and understandings between the parties. There are no
representations, warranties, or commitments, oral or written, other than those expressly set
forth herein.
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37. Authority to Execute Agreement
The person executing this Agreement on behalf of USYVL warrants and represents that
he/she has the authority to execute this Agreement on USYVL’s behalf and has the
authority to bind USYVL to the terms of this Agreement.
IN WITNESS W HEREOF, the parties hereto have caused this Agreement to be executed
the day and year first written above.
CITY OF MOORPARK UNITED STATES YOUTH
VOLLEYBALL LEAGUE
_______________________________ _______________________________
Steven KuenyTroy Brown Allen Adams
City Manager President
Attest:
_________________________________
Maureen Benson
City Clerk
Attachments: A: Premises
B: Insurance Requirements
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Attachment A
Premises
Mammoth Highlands Park, Athletic Field
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Attachment B
Insurance Requirements
USYVL shall secure, pay for, and maintain in full force and effect for the duration of this
Agreement a policy of comprehensive insurance as detailed below from a good and responsible
company or companies authorized to do insurance business in the State of California, with a Best
Rating / FPR of no less than A-. Policies shall bear an endorsement or shall have attached a rider
whereby it is provided that, in the event of amendment or cancellation of such policy for any
reason whatsoever, City shall be notified by registered mail, postage prepaid, return receipt
requested, not less than thirty (30) days before the amendment or cancellation is effective.
USYVL shall furnish a Certificate of Liability Insurance and Insurance Endorsement, subject to the
City’s acceptance, to the City within thirty (30) days of prior to execution of this Agreement.
USYVL agrees to have its insurer endorse, to the satisfaction of the City, the third party general
liability coverage required herein to include as additional insureds the City of Moorpark and its
officials, employees, and agents.
1. GENERAL LIABILITY INSURANCE
Notwithstanding any inconsistent statement in the policy or any subsequent endorsement
attached thereto, the protection offered by the policy shall:
A. Include City of Moorpark as additional insured, whether liability is attributable to USYVL or
City.
B. Provide a minimum of $1,000,000.00 per occurrence with a minimum of $2,000,000
aggregate commercial general liability coverage, and shall be written on an occurrence basis.
C. USYVL’s policy shall be considered primary insurance with respect to any other valid and
collectible insurance the City may possess, including any self-insured retention the City may
have, and any other insurance the City does possess shall be considered excess and shall not
contribute to it.
2. AUTO INSURANCE
Business Auto Coverage, on ISO Business Auto Coverage form CA 00 01 including symbol 1
(Any Auto), or the exact equivalent. Limits are subject to review, but in no event to be less than
$1,000,000.00 per accident. If USYVL owns no vehicles, this requirement may be satisfied by a
non-owned auto endorsement to the general liability policy described above. If USYVL or
USYVL’s employees, participants, associates, or volunteers will use personal autos in any way
during the performance of this Agreement, USYVL shall provide evidence of personal auto liability
for each such person.
3. WORKERS’ COMPENSATION INSURANCE Workers’ Compensation Insurance, on a state-approved policy form providing statutory benefits
as required by law. USYVL shall furnish a Certificate of Insurance to the City within thirty (30) days
of execution of this agreement by City.
4. SEXUAL ABUSE
Sexual Abuse insurance, with limits of no less than $1,000,000.00, and written on an occurrence
basis.
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