HomeMy WebLinkAbout2004-006 Babe Ruth Baseball Alvord Field P
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TY OF ATAS ROONTRACT#
AGREEMENT BETWEEN
ATASCADERO BABE RUTH BASEBALL
AND THE
CITY OF ATASCADERO
This Agreement is made and entered into this date it--13- , by and between the City of
Atascadero and Atascadero Babe Ruth Baseball for the maintenance, upkeep and use of Alvord Field
Baseball field complex during the period from April 1,2004 until March 31,2007.
1. PARTIES
1.1 City
1.1.1 The City of Atascadero, Atascadero, California, whose mailing address for notice
under the terms of this Agreement is as follows:
City of Atascadero
Attn: Director of Community Services
6500 Palma Avenue
Atascadero, California 93422
1.2 Atascadero Babe Ruth Baseball/LESSEE
1.2.1 Atascadero Babe Ruth Baseball,whose mailing address for notice under the terms of
this Agreement is as follows:
Atascadero Babe Ruth Baseball
P.O. Box 595
Atascadero, California 93423
2. TERMS
The term of this agreement shall begin on April 1, 2004. Subject to extension or sooner
termination as hereinafter provided, this agreement shall continue for the term of three(3)years,
with an option for 3 additional years upon mutual consent of both parties.
2.1 Obligations of Atac adern Rahe Ruth Rasehall
2.1.1 Year-around priority use of Alvord Field Baseball field with the exception of
Atascadero Unified School District.
2.1.2 Infield turf maintenance: Year-around aeration, fertilization, over-seeding and
irrigation(including sprinkler head maintenance and watering efficiency), and all
associated costs.
2.1.3 Maintenance and repair of Alvord concession stand and storage buildings
(structural, electrical,plumbing, etc.)
2.1.4 Secure and fund annually, a lift truck for field light replacement.
2.1.5 Year-around Infield dirt maintenance, including base pegs.
2.1.6 Routine Custodial maintenance of the Snack Bar and Storage Room.
AGREEMENT BETWEEN THE CITY OF ATASCADERO 1
AND ATASCADERO BABE RUTH BASEBALL
2.1.7 Atascadero Babe Ruth Baseball shall have the opportunity to generate rental
income from other party rentals from February 1 s`through September 1St. Rental
income from Alvord Field may be generated by Babe Ruth under the following
conditions:
A. Only established fee schedules adopted by the City of Atascadero will be
used.
B. No fees will be charged to the Atascadero Unified School District or the
City of Atascadero or any other organization that qualifies for a fee waiver
under the City's Facility Use Guidelines.
2.1.8 Remove all trash and litter from the playing field and parking lot areas and place in
the trash receptacles provided after any field use. Direct teams to pick up trash
immediately following all games,practices and other uses of the facility.
2.1.9 Prohibit and enforce the "No hitting into the fence"rule.
2.1.10 Immediately report any facility damage or vandalism to the City of Atascadero.
2.1.11 Limit restroom/snack-bar facility key distribution to coaches,board members and
key concessions personnel only.
2.1.12 Abide by,promote and enforce the tenants of the Atascadero Youth Sportsmanship
Proclamation. (Attached)
2.1.13 During the priority use period,February ls`through September 1", Atascadero Babe
Ruth Baseball will coordinate scheduling of the Alvord Field. Atascadero Babe
Ruth Baseball will maintain a signup calendar and schedule the use of Alvord Field
for all organizations that satisfy the City of Atascadero insurance and
indemnification requirements.
2.1.14 All signs must be maintained in a professional, presentable fashion. The City of
Atascadero reserves the right to remove any or all signs at anytime,with or without
reason.
2.1.15 Arrange for the Babe Ruth Field Coordinator to attend an on-site meeting with a
City of Atascadero representative to discuss field maintenance issues.
2.1.16 Babe Ruth Baseball will request any desired field improvements in writing, in
advance for consideration by the City of Atascadero.
2,2 nhlig,,atinns of the City of Atascadero
2.2.1 Extend second priority use,behind Atascadero Unified School District, of Alvord
Field to Atascadero Babe Ruth Baseball, free of charge, from February 1 st until
September 1 st each year.
2.2.2 Extend year-around exclusive use of the Concessions building at Alvord Field to
Atascadero Babe Ruth Baseball, free of charge, for the purposes of operating a
concessions stand.
2.2.3 Pay utilities for Alvord field, limited to water and gas.
2.2.4 Provide year-around outfield mowing. Aeration, fertilizing and over-seeding when
necessary.
2.2.5 Provide perimeter weeding and spraying of pre-emergent herbicide, including fence
lines .
2.2.6 Complete routine facility repairs to out field irrigation systems,bleachers, fencing,
gates, etc.
2.2.7 Empty Trash cans
2.2.8 Promote Atascadero Babe Ruth Baseball annual sign-ups in the Atascadero
Recreation Activity Guide.
AGREEMENT BETWEEN THE CITY OF ATASCADERO 2
AND ATASCADERO BABE RUTH BASEBALL
2.2.9 Allow AAttascadero Babe Ruth Baseball to place a orage building and Batting
Cages at Atascadero Lake Park in locations determined by City staff.
2.2.10 Tree Trimming
2.2.11 Purchase of light bulbs for field lights to be furnished to Babe Ruth Baseball for
installation.
2.2.12 Extend priority use of Alvord Field for Atascadero Babe Ruth Baseball over all
other organizations except the Atascadero Unified School District and the City of
Atascadero.
2.2.13 Any fees collected by the City of Atascadero for the use of lights will be paid to
Babe Ruth Baseball.
3, INDEMNIFICATION-
Atascadero Babe Ruth Baseball hereby agrees to, and shall, hold City, its elective and appointive
boards, officers, agents and employees, harmless and shall defend the same from any liability for
damage or claims for damage, or suits or actions at law or in equity which may allegedly arise
from Atascadero Babe Ruth Baseball or any of Atascadero Babe Ruth Baseball's employees' or
agents'negligent operations or failure to perform under this agreement, whether such operations be
by Atascadero Babe Ruth Baseball or by any one or more persons directly or indirectly employed
by, or acting as agent for Atascadero Babe Ruth Baseball.
4. INSURANCE:
Atascadero Babe Ruth Baseball shall not commence its services under this agreement until
they have obtained all insurance required under this section and such insurance shall have
been approved by City as to form, amount and carrier:
a. Puhlic T iahility and Pron1 erty Damage Tnsuran . -_ Atascadero Babe Ruth Baseball
shall take out and maintain during the life of this contract such public liability and
property damage insurance as shall protect City, its elective and appointive boards,
officers, agents and employees, and Contractor and any agents and employees
performing work covered by this contract from claims for damages for personal
injury, including death, as well as from claims for property damage which may arise
from Contractor's or any subcontractor's operations under this contract, whether
such operations be by Contractor or by anyone directly or indirectly employed by
contractor and the amounts of such insurance shall be as follows:
(1) Public I.iahilit7 Insurance_
In an amount not less than $1,000,000-00 for injuries, including, but not limited to
death to any one person and, subject to the same limit for each person, in an amount
not less than $500,000-00 on account of any one occurrence;
(2) prnzlrty Damage Insrri_ ante_
In an amount of not less than $ 500,000-00 for damage to the property of each
person on account of any one occurrence.
b. Proof of Tnsurance_
Atascadero Babe Ruth Baseball shall furnish City, concurrently with the execution
AGREEMENT BETWEEN THE CITY OF ATASCADERO 3
AND ATASCADERO BABE RUTH BASEBALL
hereof, with satisfactory proof of carriage of the nsurance required, and adequate
legal assurance that each carrier will give City at least thirty (3 0) days' prior notice
of the cancellation of any policy during the effective period of this contract. The
certificate or policy of liability of insurance shall name City as an additional insured
with the Atascadero Babe Ruth Baseball.
5, TERMINATION OF AGREEMENT
5.01 TERMINATION OF NOTIC R
Notwithstanding any other provision of this agreement, any party hereto may terminate this
agreement, at any time, without cause by giving at least(90) days prior written notice to the other
parties to this agreement.
5.02 TFgMTNATION ON 0C'C"TTRRFNC'F. OF STATED FVF.NTS- This agreement shall
terminate automatically on the occurrence of any of the following events:
(1) Bankruptcy or insolvency of any party;
(2) The end of the(9-0)days as set forth in Section 4.01;
(3) End of the contract to which Atascadero Babe Ruth Baseball services were
necessary; or
(4) Assignment of this agreement by Atascadero Babe Ruth Baseball without the
consent of the City.
5.03 TERMINATION RY ANY PARTY FOR DEFAT ILL
Should any party default in the performance of this agreement or materially breach any of its
provisions, a non-breaching party, at their option, may terminate this agreement, immediately, by
giving written notice of termination to the breaching party.
5.04. TERMTNATTOM
This agreement shall terminate on March 3131,x, unless extended as set forth in this Section.
The City, with the agreement of the Atascadero Babe Ruth Baseball, is authorized to extend the
term of this agreement beyond the termination date, as needed, under the same terms and
conditions set forth in this agreement. Any such extension shall be in writing and be an
amendment to this agreement.
6, NON-EMPLOYMENT STATITS.
It is understood and agreed by the parties hereto that Atascadero Babe Ruth Baseball, while
engaged in operation of the program(s) described herein and complying with the terms of this
agreement, is and shall act as an independent contractor and is not an officer, agent or employee of
the City, and officers, employees and agents of Atascadero Babe Ruth Baseball are not entitled to
any of the benefits of City employees.
7. ASSIGNMENT
Atascadero Babe Ruth Baseball shall not assign this agreement or any part thereof without the
prior written consent of the City Administrator.
$, ALTERATIONS
AGREEMENT BETWEEN THE CITY OF ATASCADERO 4
AND ATASCADERO BABE RUTH BASEBALL
8.01 Any alterations, additions, improvements or changes, that Atascadero Babe Ruth Baseball
may desire to make to the premises, shall be made at the LESSEE's sole cost and expense and in
compliance with all applicable governmental requirements. All such alterations and/or
improvements shall be made only after first submitting the plans and specifications thereof to the
City and obtaining the consent of the City in writing. Any such alterations or improvements shall at
once become a part of the leased premises and, unless the City exercises its right to require the
LESSEE to remove any alterations that the LESSEE has made to the premises, shall be surrendered
to the City upon the expiration or sooner termination of the agreement.
8.02 If the City elects to exercise its right to terminate this agreement prior to the termination date
established here within, the City will reimburse Atascadero Babe Ruth Baseball for all direct
expenses of materials related to approved alterations and improvements, not including labor costs or
the value of volunteer labor. Records and receipts shall be required for reimbursements.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth
opposite their respective names.
CITY OF ATASCADERO
Date:
/��SyAok
WADE MCKINNEY, City Man ger
=ATASCADERO BABE
E RUTH BASEBALL
100 - Date: �.
President,Atdsci&roBabe Rqk Baseball
ATTEST:
Date:
MARCIA TORGERSON, y Clerk
APPROVED AS TO CONTENT,
\, t��____-- _✓ Date:
BRADY CHERRY,Director of Community Services
APPROVED AS TO FORM:
Lq,U, v/ Date:
ROY HANET, City Attorney
AGREEMENT BETWEEN THE CITY OF ATASCADERO 5
AND ATASCADERO BABE RUTH BASEBALL