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
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