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06-0516_CAPISTRANO GIRLS SOFTBALL_Memorandum of Understanding (2)0 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: The Park Site and Description of Project 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. PJect 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. Z® IV V 0 (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. 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, by the Community Services Department. (f) CGS will have this fe a waived. (g) Coaches and those affiliated with CGS must CGS to reserve their usage of the batting cage. directly with City will be charged user fees. Equipment Used in Batting Cage which will be established make arrangements with Those who apply for use 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 0 0 (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 agreement subject agreement of both years. X. Termination 0 0 to the termination provisions of Section X. Upon written parties, this Agreement may be extended for five (5) additional (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: C.0 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 The terms and conditions described above are agreed to: CAPISTRANO GIRLS SOFTBALL John lav e, President CITY OF SAN JUAN CAPISTRANO APPROVED AS TO FORM: John R. Shaw, Cit ttorney 0 ' /6 A -5G Date <;-- ;Z7- 06 Date 0(, Date 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanluamapcstrano. org May 23, 2006 John lavarone, President Capistrano Girls Softball 34872 Camino Capistrano Capistrano Beach, CA 92624 Dear Mr. lavarone: Jin (�,J ,,yyy. 10[ORIOSPEED • RSIRILIS RPO I 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN A fully executed, original Memorandum of Understanding is enclosed for your records. Thank you for forwarding documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that insurance documentation is to be current during the term of this agreement. You may proceed with this agreement in coordination with the project manager, Linda Evans, Corrtmunitypervices Manager (949) 443-6390. ira Clerk cc: Linda Evans, Community Services Manager San Juan Capistrano: Preserving the Past to Enhance the Future