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HomeMy WebLinkAboutCC AG PKT 2012-07-09 #H • F SEA(e�� AGENDA STAFF REPORT { f: \C,gUFORtI DATE: July 9, 2012 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby, Assistant City Manager/Public Works SUBJECT: FACILITY LICENSE AGREEMENT - USE OF ARBOR PARK ATHLETIC FIELDS SUMMARY OF REQUEST: It is requested that the City Council adopt Resolution No. 6283 authorizing the City Manager to execute a Facility License Agreement between the City of Seal Beach and American Youth Soccer Organization (AYSO), Region 159 for the use Arbor Park. BACKGROUND AND ANALYSIS: For the past fifteen years AYSO159 has been using Arbor Park for soccer practices and weekly games. AYSO159 has a long tradition of working with the City of Seal Beach and surrounding communities to offer quality soccer programs for youth of all ages. AYSO159 annually serves over 1,000 youth from the greater Seal Beach area. The programs offered by AYSO159 are of the highest quality and provide local youth an opportunity to participate in valuable recreation experiences. All Seal Beach youth are eligible to participate in this organization. Due to a shortage in open field space, AYSO159 and the City believe it is in the best interest of both parties to enter into an agreement to memorialize historic use of Arbor Park. The City has worked closely with AYSO159 to negotiate an agreement that is advantageous to both parties. AYSO159 and the City believe that this proposed agreement offers AYSO159 a better opportunity to enjoy top notch field accommodations while reducing the City's costs in landscape maintenance. Through this proposed agreement AYSO159 will be required to maintain the athletic fields to current or higher standards. The Dog Park maintenance will remain the City's responsibility. Agenda Item H • ENVIRONMENTAL IMPACT: There is no Environmental Impact related to this item. LEGAL ANALYSIS: • The City Attorney has reviewed and approved as to form FINANCIAL IMPACT: There are no direct costs associated with the execution of this agreement. The City's current cost to maintain the park is approximately $25,000 annually. AYSO159 currently pays the City an annual fee of $12,000. The fees will no longer be charged to AYSO159. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 6283 authorizing the City Manager to execute a Facility License Agreement between the City of Seal Beach and AYSO159 for use Arbor Park. SUBMITTED BY: NOTED AND APPROVED: ., _._ `� • 2 41 , Sean P. Crumby / 0-. Ingram, City .nager Assistant City Manager/Public Works Prepared by: Tim Kelsey, Community Services Supervisor Attachments: A. Resolution No. 6283 B. Facility License Agreement with AYS0159 for use of Arbor Park Page 2 RESOLUTION NUMBER 6283 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE FACILITY LICENSE AGREEMENT FOR USE OF ARBOR PARK ATHLETIC FIELDS WITH THE AMERICAN YOUTH SOCCER ORGANIZATION REGION NO. 159 THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the Facility License Agreement between the City of Seal Beach and AYS0159 for use of Arbor Park Athletic Fields at no charge and AYS0159 will assume all maintenance and associated costs for the athletic fields. Section 2. The Council hereby authorizes the City Manager to execute the Agreement. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of July , 2012 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6283 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of July , 2012. City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Seal Beach 211 Eighth Street Seal Beach, California 90740 Exempt from fees per Government Code § 27383 (space above for recorder's use) FACILITY LICENSE This Facility License Agreement ("License") is made as of July 9, 2012 by and between the City of Seal Beach, a California municipal corporation ("the City"), and American Youth Soccer Organization Region No. 159. RECITALS WHEREAS City holds a long term lease for the property located at 4665 Lampson Ave, Seal Beach("Arbor Park"); WHEREAS, AYSO159 holds community soccer programs consisting of practices and games at Arbor Park; WHEREAS,AYSO159 has operated soccer programs at Arbor Park for over 13 years; WHEREAS, The City and AYSO159 have the mutual interest in providing youth soccer programs for the benefit of the community. NOW, THEREFORE, CITY AND AYSO159 AGREE AS FOLLOWS: AGREEMENT Grant of License 1.1 City grants to AYSO159 a license to conduct parent soccer programs upon the portion of Arbor Park depicted on Exhibit A, attached hereto and incorporated by this reference (hereinafter the "Premises"). AYSO159's license shall be used in accordance with the Schedule of Use indicated on Exhibit B, attached hereto and incorporated by this reference (hereinafter the "Schedule of Use") and the terms and conditions set forth herein below. AYSO159 shall not use the Premises in any manner contrary to the terms of this License without City's prior written consent. 1.2 No Leasehold. No legal title or leasehold interest in the Premises is created or vested in AYSO159 by the grant of this License. Consideration 2.1 Landscape Maintenance. In consideration of the license granted by City, AYSO159 shall be responsible for all costs related to landscape maintenance of all fields at 1 Error!Unknown document property name. Arbor Park year round (12 Months). AYSO159 is responsible for maintaining the fields to standards set by the City on Exhibit C. The field quality will be regularly inspected by City Staff to insure that all standards are met. 2.2 AYSO159 shall provide to the City a copy of all contracts between AYSO159 and contractors for field maintenance and services of the Premises. All contractors must provide an insurance policy naming the City of Seal Beach as additionally insured. Term 3.1 The operating term of this License shall begin July 9, 2012 and may be terminated by the City upon giving 30 days written notice to AYSO159. Relationship of the Parties 4.1 The only relationship created by this License is of that of licensor and licensee. Neither City nor any of its officers, employees, or agents shall have control over the means of service or means of production of AYSO159 or any of its officers, agents, or employees. AYSO159 is solely responsible for all aspects of its programs and operations including, without limitation, its use of the Premises. AYSO159 shall not, at any time or in any manner, represent that it or any of its officers, agents, or employees are in any manner agents or employees of City. 4.2 AYSO159 shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from AYSO159's personnel practices. Use of Premises 5.1 Schedule of Use. AYSO159 shall comply with the Schedule of Use. City reserves the right to use, sublease, or license the Premises to third parties, so long as such third party use, sublease, or license does not conflict with AYSO159's scheduled use of the Premises. AYSO159 is aware and acknowledges that the Schedule of Use is subject to change to meet the scheduling and maintenance needs of the City and agrees to indemnify and hold City harmless • for any such changes to the Scheduled Hours of Use. 5.2 Risk Management. AYSO159 shall follow the principles of a sound risk management program. Whenever possible,risk shall be avoided. 5.3 Utilities and Landscape Maintenance Costs. City shall be responsible for paying costs of utilities for the Premises. 5.4 No Unlawful Uses. AYSO159 shall only be permitted to use the Premises for soccer activities and programs and AYSO159 agrees not to use the Premises for any immoral or unlawful purpose. 5.5 Preservation of Insurance. AYSO159 shall not commit any acts on the Premises, nor use the Premises in any manner that will cause the cancellation of any fire, liability, or other insurance policy insuring the Premises or the improvements on the Premises. 2 Error!Unknown document property name. 5.6 No Waste or Nuisance. AYSO159 shall not commit any waste or any public or private nuisance upon the Premises. 5.7 Legal Compliance. AYSO159 shall not violate any law, rule, or order of any federal, state, or municipal government or agency that may be applicable to use of the Premises. 5.8 Vacating Premises. On or before the effective date of termination of this License, AYSO159 shall vacate the Premises, remove all of AYSO159's personal property from the Premises, and leave the Premises in good order and repair, subject to the satisfaction of City. Indemnity 6.1 To the fullest extent permitted by law, AYSO159 shall indemnify, defend and hold harmless the City, its governing board and commissions and the individuals thereof, and all its officers, agents, employees and representatives (collectively hereinafter referred to as the "City" in this Section 6) from and against any and all demands, debts, liens, claims, losses, damages, liability, costs, expenses, including, but not by way of limitation, fees and costs actually incurred, whether or not litigation has commenced,judgments or obligations, action, or causes of actions whatsoever, for or in connection to any injury, damage or loss, including, but not limited to bodily injury, death, personal injury, property damage, violation of any applicable Municipal, County, State, and Federal laws and regulations, Court Rules or ordinances, or any other type of loss (collectively "Claims") sustained or claimed to have been sustained by any person or persons, or corporation, or public or private entity arising out of the performance or nonperformance of services, operations, duties, and other obligations of the AYSO159, its officers, agents, employees, representatives, and subcontractors under this License, excepting any such claims arising from the sole negligence or willful misconduct of the City. The provisions of this indemnification clause shall not be limited to the availability or ability to collect insurance coverage, and shall survive the termination of this agreement. Insurance 7.1 AYSO159, at its own expense, shall obtain and maintain in effect at all times during the term of this License, all insurance coverage related to every aspect of its programs. AYSO159 is responsible for securing and maintaining all insurance coverage to operate pursuant to requirements of City, State, or Federal statutes. AYSO159 shall provide proof of general liability, workers compensation, vehicle, and other insurance to City before the commencement of the operating term and again prior to each anniversary of the commencement of the operating term. AYSO159 shall obtain and maintain general liability insurance of$2,000,000. City shall be named as additional insured. Notices 8.1 All notices and demands that may be required or permitted by this License must be made in writing. All notices and demands must be sent by national overnight delivery service (e.g., Federal Express) or certified U.S. mail, return receipt requested, to the addresses specified below, or to any other place that the respective party may from time to time designate in a notice to the other. 3 Error!Unknown document property name. City: City Manager City of Seal Beach 211 8th Street Seal Beach, CA 90740 CO-OP: AYSO159 2842 Coleridge Los Alamitos, CA 90720 Assignment Prohibited 9.1 This License is personal to AYSO159 and shall not be assigned. Any attempt by AYSO159 to assign this License shall result in its automatic termination. Miscellaneous 10.1 Entire Agreement. This License, dated July 9, 2012 contains the entire agreement between the parties hereto with respect to the subject matter hereof, and any other purported agreement made shall be ineffective to change, modify, discharge or effect an abandonment of this License in whole or in part unless such purported agreement is in writing and signed by the party against whom enforcement is sought. 10.2 Applicable Law. This License shall be governed and interpreted in accordance with the laws of the State of California. 10.3 No Brokers. Each party represents to the other that it has not engaged or used the services of any broker, finder, or salesperson in connection with this License. 10.4 Counterparts. This License may be executed in multiple counterparts each of which shall be deemed an original for all purposes. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF SEAL BEACH AMERICAN YOUTH SOCCER ORGANIZATION, REGION NO. 159 By: By: R. Ingram, City Manager ohn Herron, President ATTESTED: APPROVED AS TO FORM: By: By: • Linda Devine, City Clerk Quinn Barrow, City Attorney 4 Error!Unknown document property name. Exhibit A Depiction of Premises 5 57296-0001\1167561v4.doc I .Y o...,, . Ike• . . .v, ^'sn. t, 1� ‘.. r mile , ' r a I. r F: 1i i -,6 ..F } ,.k / / 'N. { � ' 1 St - ..tw..i. ♦..a , _c ._� �...r p j � 1 1��� w iI i ii. I E ,r- 4113?InW•. 0 10 1^ �., �" -: fir;'r:„ Y egeallitallit* - - r1 _ •' "x-_-. mot. - . - w...-... ,-. -.1111==.t.-`11.1' --r-s L - �n'> IIe w Exhibit B Schedule of Use 6 S7296-0001\1167561v4.doc Exhibit B Schedule of Use Except as otherwise specified in this paragraph, the term "Dusk" as used in this Agreement is defined as thirty minutes after Sunset. Sunset shall be the time reported daily by the National Weather Service. Notwithstanding the foregoing, if lights are later added to all or part of the FIELDS at Arbor with the approval of the City, then Dusk" is defended to provide use for AYSO159 until 8:00 p.m. During the Term of the Agreement, AYSO159 shall have the sole use of the FIELDS as follows: July 10 to February 28/29 — Fall Season — Primary Season Times: Monday to Friday: 3:00 pm to Dusk. The FIELDS are open to other users at all other times. Saturdays and Sundays: 6:30 a.m. to dusk. Spring Camp: A one week period, typically held during the Spring break period of the Los Alamitos Unified School District. The precise dates and times of the Spring Camp are subject to the approval of the City Manager or his designee. Summer Camps: Two one week periods beginning or ending during summer Monday to Friday. The precise dates and times of the Summer Camps are subject to the approval of the City Manager or his designee. March 1 to May 31 —Spring Season — Secondary Season Times: Monday to Friday: 3:00pm to Dusk. Notwithstanding the foregoing, if the City grants a use permit to another organization. The fields are open to other users at all other times. Saturdays: 6:30am to Dusk. (AYSO by March 14 of each year will notify the City of the Saturday dates that are not being used).