06-0516_CAPISTRANO GIRLS SOFTBALL_Memorandum of Understanding0 0
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into this 16 day of
2006, by and between the City of San Juan Capistrano (hereinafter "City") and
Capistrano Girls Softball (hereinafter "CGS").
RECITALS:
Whereas, CGS is a nonprofit organization dedicated to providing opportunities for
girls in the community to participate in an outdoor softball experience; and
Whereas, CGS agrees that the batting cage will become City property, will be
included in the City's inventory of park amenities, will be available for use by the
public, and will be under the supervision of the City; and
Whereas, City has accepted CGS's offer to install, at CGS expense, a 2 -tunnel
batting cage facility at Cook Park -Cordova; and
Whereas, City has accepted CGS's offer to provide interior modifications to
existing storage/concession units, at CGS expense, at Cook Park -Cordova,
NOW THEREFORE LET IT BE MUTUALLY RESOLVED BETWEEN CITY AND
CGS AS FOLLOWS:
I. The Park Site and Description of Proiect
At Cook Park -Cordova,
(a) CGS will purchase and install a two -tunnel batting cage and a pre-
fabricated storage unit, working with City staff to acquire all required
permits.
(b) CGS will make interior modifications to two (2) City -owned storage units,
thereby making one large unit to be used as a concession area, working
with City staff to acquire all required permits.
II. Project Expenses
(a) CGS will pay all costs associated with this project. CGS will use league
funds, private donations, and sponsorships to fund the project.
(b) CGS shall be responsible for any and all permits required for this project.
City may reduce or waive fees, but is not required to do so.
III. Conditions of Operation
(a) The hours of operations shall be during daylight hours. This is a non -
lighted park site and the park closes at sunset. No night time use shall be
permitted.
(b) CGS shall, at all times, keep City advised of maintenance and/or
hazardous matters associated with the batting cage.
(c) The batting cage is to be kept locked when not in use.
(d) City shall issue keys to names provided by CGS; all keys must be signed-
out in accordance with City procedure. When a person leaves their
association with CGS, that key must be returned to City so that name can
be removed from City records. CGS is not to re -issue any key to another
person without their signing the City key check-out form.
(e) City retains the right to change the lock to the batting cage when City
determines this change is necessary.
IV. Use of Batting Cage
(a) CGS will be the primary user of the facility and shall have the highest
priority when reserving the batting cage.
(b) During CGS reserved usage time of the batting cage, CGS has the right to
accept donations for use of the batting cage.
(c) Access shall be controlled by the City.
(d) All users, including CGS, shall be required to submit written requests for
usage of the batting cages to the Community Services Department, similar
to requesting use of an athletic field. An approved permit issued by the
Community Services Department shall be required for use of the batting
cage.
(e) Public users will be required to pay a user -fee, which will be established
by the Community Services Department.
(f) CGS will have this fe a waived.
(g) Coaches and those affiliated with CGS must make arrangements with
CGS to reserve their usage of the batting cage. Those who apply for use
directly with City will be charged user fees.
V. Equipment Used in Battinq Cage
Equipment that is the property of CGS is to be removed and stored in a locked
storage unit after each usage. The City will not use this equipment, nor will the
City grant permission to other organizations or private parties to use CGS -owned
equipment. If CGS equipment is used by another entity, those arrangements
must be made between CGS & that outside entity. The City will not be
responsible for CGS equipment that is not put away in a locked storage unit.
VI. Insurance Requirement
(a) Comprehensive General Liability: Throughout the term of this agreement,
CGS shall maintain in full force and effect Comprehensive General
Liability coverage in the following minimum amounts:
$1,000,000 per occurrence
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(b) Proof of Insurance Requirements/Endorsement: CGS shall submit the
certificate of liability insurance, naming the City as additional insured, and
an additional insured endorsement to the City for certification that the
insurance requirements of this agreement have been satisfied.
(c) Notice of Cancellation/Termination of Insurance: The above policy/policies
shall not terminate, nor shall they be canceled, nor the coverage reduced,
during the term of this agreement.
(d) Indemnity: CGS shall indemnify, defend, and hold harmless the City and
its officers and employees against all liabilities or claims of liability or loss
(including reasonable attorneys' fees, related costs, and expenses)
because of death, personal injury, or property damage arising or resulting
from the fault or negligence of CGS in its operations under this
Memorandum of Understanding.
(e) CGS shall submit all required insurance documents to City in conjunction
with the construction projects that are part of this agreement.
VII. Utilities
City shall be responsible for payment of utility bills associated with this location.
VIII. Maintenance
(a) CGS shall accept responsibility for all maintenance of the storage unit,
including exterior paint. CGS shall also be responsible for placing all trash
in trash receptacles, removing and storing all equipment, and locking
facility gates at conclusion of use.
(b) The City shall accept responsibility for all maintenance of the batting cage
structure, including the chain link fencing, gates, locks, and interior batting
cage netting, as well as electrical and structural maintenance. The actual
custodial cleaning of the interior portion of this unit shall be the
responsibility of the City.
(c) City and CGS shall work diligently and cooperatively to ensure that the
interior and exterior of the batting cage be kept clean.
(d) Restoration Requirement: At the end of this agreement, City can require
that CGS return the storage units (that are attached to the existing
permanent restroom) to their original condition, that is, two separate
storage units. If City makes this requirement and CGS does not comply,
the cost to restore the facility shall be billed to CGS.
(e) City reserves the right to enter the batting cage at any reasonable time for
the purpose of inspection and/or repairs for which the City is responsible.
This right shall not be exercised in any manner which will unreasonably
interfere with CGS's use of the batting cage.
IX. Term
The term of this agreement shall be ten (10) years from the date of the
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agreement subject to the termination provisions of Section X. Upon written
agreement of both parties, this Agreement may be extended for five (5) additional
years.
X. Termination
(a) This agreement may be terminated upon the default of either party. In
the event of a dispute between the parties, City and CGS shall first meet
and confer regarding the matter. If the dispute cannot be resolved
through a meet and confer session within thirty (30) days of written notice
of a default, then the agreement may be unilaterally terminated by the
City.
(b) This Agreement may be terminated without cause by either party with
ninety (90) days prior written notice to other party.
(c) Upon termination of this Agreement, CGS shall remove all equipment,
materials, and pre -fabricated storage unit, clean the premises, and, if City
requires, shall return two (2) storage units that were converted to a
concession stand to their original condition.
XI. Notices
Written notification regarding this Memorandum of Understanding will be given as
follows:
Citv
Karen Crocker, Community Services Director
City of San Juan Capistrano
25925 Camino del Avion
San Juan Capistrano, CA 92675
CGS
John lavarone, President
Capistrano Girls Softball
34872 Camino Capistrano
Capistrano Beach, CA 92624
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The terms and conditions described above are agreed to:
CAPISTRANO GIRLS SOFTBALL
�/G dG
John lav e, President Date
CITY OF SAN JUAN CAPISTRANO
APPROVED AS TO FORM:
John R. Shaw, Cit ttorney
Date
Date