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HomeMy WebLinkAbout2001-021 Atascadero Little League AGREEMENT BETWEE9- ATASCADERO LITTLE LEAGUE BASEBALL AND THE CITY OF ATASCADERO This Agreement is made and entered into this date January 1, 2006 by and between the City of Atascadero, and the Atascadero Little League Baseball, for the maintenance, upkeep and use of Paloma Creek Park Memorial Baseball field during the period from January 28, 2006 until January 28, 2009. 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 6907 El Camino Real Atascadero, California 93422 1.2 Atascadero Little League Baseball 1.2.1 Atascadero Little League Baseball is whose mailing address for notice under the terms of this Agreement is as follows: Atascadero Little League Baseball PO Box 2375 Atascadero, CA 93423 2. TERMS The term of this agreement shall begin on January 1, 2006. 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 Atascadero Little League Baseball 1. Infield material (dirt) maintenance from February 1St until August 1St each year, (including base pegs) and all associated costs, under supervision of the parks representative. 2. Maintenance and repair of the Little League concession stand and storage buildings (structural, electrical, plumbing, etc). 3. Update the City of Atascadero, Public Works Department with the maintenance schedule of the Atascadero Little League. 4. Remove all trash and litter from the playing field areas and place in the trash receptacles provided after any field use. 5. Provide one porta-potty facility from March 1St through July 1 AGREEMENT BETWEEN THE CITY OF ATASCADERO AND ATASCADERO LITTLE LEAGUE BASEBALL ifto` 15th. or until Little League All-Star activities conclude for the season. 6. Due to Paloma Creek Park being the property of the State of California, plans for any desired physical changes or improvements to existing facility, such as lighting, batting cages, pitching warm-up areas, etc, must be submitted in advance for approval by the State and the City of Atascadero. Financial responsibility for any proposed improvements will be the responsibility of Atascadero Little League. 7. Use of the Paloma Creek Softball Fields must have an approved Field Use Agreement prior to use and are subject to City approval, based on availability. Upon approval, Atascadero Little League is responsible for removal of all trash and litter from the playing field areas and score booth. 8. "Fall Ball' activities must have an approved Field Use Agreement prior to use and are subject to City approval, based on availability. After August 1St the Atascadero Little League is subject to normal field use fees. 9. Scoreboard and Memorial Flag Pole maintenance are the responsibility of Atascadero Little League. 2.2 Obligations of the City 1. Extend priority use of Paloma Creek Park Memorial Baseball Field to Atascadero Little League, free of charge, from February 1St until August 1St each year. Atascadero Little League Baseball may reserve the Paloma Creek Park Memorial Baseball Field during their priority use period for other organizations such as District level tournaments. Atascadero Little League will secure a signed acknowledgement from the other organizations, agreeing to financial responsibility for any property damage. 2. Year-around outfield and infield mowing. Aeration, fertilizing and over-seeding when necessary. 3. Perimeter weeding and spraying of pre-emergent herbicide, including foul/fence lines and warning track. 4. Irrigation timing and repairs. 5. Empty trash cans 6. Bleacher, doug-out, fence and gate repairs 7. A member of the Atascadero Little League Baseball Board will serve as an advisor for any Master Plan involving Paloma Creek Park. 8. Any herbicide treatment required for field maintenance. 9. Tree and parking lot maintenance. 2 AGREEMENT BETWEEN THE CITY OF ATASCADERO AND ATASCADERO LITTLE LEAGUE BASEBALL 3. INDEMNIFICATION: Atascadero Little League 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 Little League or any of Atascadero Little League's employees' or agents' negligent operations or failure to perform under this agreement, whether such operations be by Atascadero Little League or by any one or more persons directly or indirectly employed by, or acting as agent for, Atascadero Little League. 4. INSURANCE: Atascadero Little League 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. Public Liability and Property Damage Insurance. Atascadero Little League 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 Liability 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) Property Damage Insurance. 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 Insurance. Atascadero Little League shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) 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 Little League. 3 AGREEMENT BETWEEN THE CITY OF ATASCADERO AND ATASCADERO LITTLE LEAGUE BASEBALL 5. TERMINATION OF AGREEMENT 5.01 TERMINATION OF NOTICE: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least 30 days prior written notice to the other parties to this agreement. 5.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: 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 30 days as set forth in Section 5.01; (3) End of the contract to which Atascadero Little League's services were necessary; or (4) Assignment of this agreement by Atascadero Little League without the consent of the City. 5.03 TERMINATION BY ANY PARTY FOR DEFAULT: 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. TERMINATION: This agreement shall terminate on January 28, 2009, unless extended as set forth in this Section. The City, with the agreement of the Atascadero Little League, 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 STATUS It is understood and agreed by the parties hereto that Atascadero Little League 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 Little League Baseball are not entitled to any benefits of City employees. 4 AGREEMENT BETWEEN THE CITY OF ATASCADERO AND ATASCADERO LITTLE LEAGUE BASEBALL 7. ASSIGNMENT Atascadero Little League Baseball shall not assign this agreement or any part thereof without the prior written consent of the City Administrator. 8. ALTERATIONS The Director of Community Services and the President of Atascadero Little League may make minor alterations to this agreement upon mutual agreement. 5 AGREEMENT BETWEEN THE CITY OF ATASCADERO AND ATASCADERO LITTLE LEAGUE BASEBALL IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth opposite their respective names. CITY OF ATASCADERO M 6 fflk* s Date: WADE MCKI&SZEY, City Manaf r ATASCADERO LITTLE LEAGUE v6� Date: Y 5 PRESIDENT ATTEST: Date: ._ —� ro MARCIA TORGERSOWJCity Clerk APPROVED AS TO CONTENT: <7r�-- 7� Date: L BRADY CHERRY, Director of Community Services APPR VEDAS TO FORM: Date: PATtNIUMTF, City Attorney 6 AGREEMENT BETWEEN THE CITY OF ATASCADERO AND ATASCADERO LITTLE LEAGUE BASEBALL Contract#2001-021 fir►' �r AGREEMENT BETWEEN ATASCADERO LITTLE LEAGUE BASEBALL AND THE CITY OF ATASCADERO This Agreement is made and entered into this date July 24, 2001, by and between the City of Atascadero, and the Atascadero Little League Baseball, for the maintenance, upkeep and use of Paloma Creek Park Memorial Baseball field during the period from February 1, 2002 until December 31, 2004. 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 Little League Baseball 1.2.1 Atascadero Little League Baseball is whose mailing address for notice under the terms of this Agreement is as follows: Atascadero Little League Baseball P.O. Box 2375 Atascadero, California 93423 2. TERMS The term of this agreement shall begin on February 1, 2002. 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 Atascadero Little League Baseball 1. Infield material (dirt) maintenance from February lst until August 1st each year, (including base pegs) and all associated costs, under supervision of the parks representative. 2. Maintenance and repair of the Little League concession stand and storage buildings (structural, electrical, plumbing, etc). 3. Remove all trash and litter from the playing field areas and place in the trash Agreement between Atascadero Little League Baste ""' and the City of Ataseadero Page 2 receptacles provided after any field use. 4. Provide one Porti-potty facility from March 1st through July 15' . or until Little League All-Star activities conclude for the season. 5. Submit a written request with appropriate plans in advance for any desired physical changes or improvements to existing facility, such as lighting, batting cages, pitching warm-up areas, etc. Financial responsibility for any proposed improvements will be the responsibility of Atascadero Little League. 2.2 Obligations of the City I. Extend priority use of Paloma Creek Park Memorial Baseball Field to Atascadero Little League, free of charge, from February 1st until August 1 st each year. Atascadero Little League Baseball may reserve the Paloma Creek Park Memorial Baseball Field during their priority use period for other organizations such as District level tournaments. Atascadero Little League will secure a signed acknowledgement from the other organizations, agreeing to financial responsibility for any property damage. 2. Year-around outfield and infield mowing. Aeration, fertilizing and over-seeding when necessary. ;. -emergent herbicide, including fence lines Perimeter weeding and spraying of pre and warning track. 4. Irrigation timing and repairs. 5. Empty Trash cans 6. Bleacher, fence and gate repairs 7. Set-up and takedown the portable T-ball backstops when required. 3. INDEMNIFICATION: Atascadero Little League 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 Little League or any of Atascadero Little League's employees' or agents' negligent operations or failure to perform under this agreement, whether such operations be by Atascadero Little League or by any one or more persons directly or indirectly employed by, or acting as agent for, Atascadero Little League. 4. INSURANCE: Atascadero Little League 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. Public Liability and Property Damage Insurance. Atascadero Little League Agreement between Atascadero Little League Base "'spool and the City of Ataseadero Page 3 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 Liability 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) Property Damage Insurance. In an amount of not less than $ 500,000.00 for damage to the property of each person on account of any one occurrence. C. Proof of Insurance. Atascadero Little League shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) 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 Little League. 5. TERMINATION OF AGREEMENT 5.01 TERMINATION OF NOTICE: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least (30) days prior written notice to the other parties to this agreement. 5.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: 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 30 days as set forth in Section 4.01; (3) End of the contract to which Atascadero Little League's services were necessary; or Agreement between Atascadero Little League Basewn and the City of Atascadero Page 4 (4) Assignment of this agreement by Atascadero Little League without the consent of the City. 5.03 TERMINATION BY ANY PARTY FOR DEFAULT: 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. TERMINATION: This agreement shall terminate on January 31, 2005, unless extended as set forth in this Section. The City, with the agreement of the Atascadero Little League, 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. ALTERATIONS Minor alterations to this agreement may be made in mutual agreement by the Director of Community Services and the President of Atascadero Little League. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date set forth opposite their respective names. CITY OF ATASCADERO Attest: Date: _` MARCIA MCCLURE TORGERSON, ity Clerk Q Date: c (v WADE G. MCKINNEY, CITY MAAGER ATASCAD O LITTL LEAGUWBAS BALL ' r Date: resident, Atascadero ittle League Baseball AGENT: BERTHOLON-ROWLAND OF ILLI' — COMMERCIAL GENER (ABILITY POLICY DATE ISSUE REPLACEMENT OF LITTLE LEAGUE BASEBALL !:i/{i1 RENEWAL OF i.-IB 109165004 item DECLARATIONS 1. PRODUCER NO. BRANCH PREFIX Policy Number CNA 079847 904 LLB I'_24•lcy0n;016 For All Nie Com ft—ts You Make' NAMED INSURED ADDRESS AND LOCATION OF OPERATIONS INSURANCE IS PROVIDED BY (Number&Street,Town,County, State&Zip Code) Continental Casualty Company LITTLE LEAGUE BASEBALL RISK PURCHASING GROUP INC. A stock Insurance company herein called the company ArASµAT.:n:7jO 11-1- I OU (_`0F'F:'0 i''{ZE S:#:.(:tENT 2. POLICY PERIOD 41:5-- ;i(i••-1..' From: 2/1.4/101. To: 01/01/02 A registered Little League of Little League Baseball,Incorporated of W.illamsport, This policy becomes effective and expires at 12:01 a.m. Pennsylvania Standard Time at Your Mailing Address Shown in item 1. 3. IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS CONTAINED HEREIN,WE AGREE WITH YOU TO PROVIDE THE INSURANCE STATED. Additional insured: The parties listed below,if any,shall be an additional insured on this policy,but only with respect to liability arising out of the above named Little League's maintenance or use of ball fields,or other premises loaned,donated or rented to the named insured Little League(named in item 1 of these declarations)by the additional insured. However,this insurance does not apply to liability arising from: 1. The use of buildings,bleachers,baseball fields and/or other structures constructed,altered and/or maintained by or on behalf of the additional insured,unless that construction,alteration or maintenance is done by the above named Little League. 2. That part of the ball field,or other premises,not being used by the above named Little League. Should the policy be canceled with respect to the above named insured before the expiration date thereof,the issuing company will mail 30 days written notice to the additional insured,if any. .1. , C"I T•Y` OF, f::tS l f)SCitr:Ft0 ', F� f'F;`;r;r^l:(:tE:C�:(:1 ►..1E1:#:i i l'::1t ts.:si#t::ti:i... V:::�'Ci'�::#:(:;..I. 4. LIMITS OF INSURANCE COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY EACH OCCURRENCE Q AGGREGATE 1k.1-1.Q..2A Q.s.t� i + COVERAGE B. HIRED AUTO AND NON-OWNED AUTO LIABILITY EACH OCCURRENCE 5. PROPERTY DAMAGE DEDUCTIBLE APPLICABLE TO: COVERAGE A. $250(PER CLAIM) FORMS AND ENDORSEMENTS APPLICABLE AT TIME OF ISSUANCE: 6. PREMIUM FOR THIS COVERAGE PART Premium payable at inception 7. THESE DECLARATIONS AND THE GENERAL DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED P LI Authorized Agent: 6 Date: G-101368- D ORIGINAL ,��•*• �• /!� .r � —� (ED 10/99) w. Chairman of the Board Secretary r