HomeMy WebLinkAbout15 T TENNIS CLUB AGREE 05-02-94AGEND,
NO. 15
5-2-94
1ATE:
May 2, 1994
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY SERVICES DEPARTMENT
TUSTIN TENNIS CLUB AGREEMENT
RECOMMENDATION:
Authorize City Manager to execute the attached agreement between
the City of Tustin and the Tustin Tennis Club for use of the
Magnolia Tree Park Tennis Courts.
FISCAL IMPACT:
The agreement is expected to have minimal fiscal affect to the
City. Some cost savings accrue to the City in equipment the Club
provides and routine maintenance the Club performs.
BACKGROUND:
For many years the City and Club have entered into an agreement for
Club use of the Tennis Courts. This agreement allows the club to
use the courts for specified times. During these hours the club
organizes tennis leagues and tournaments. In return for using the
courts during specified hours, the Club helps with small capital
outlay (nets, cords screens) and performs light maintenance duties
such as sweeping and litter pickup.
The agreement requires that the Club is open to the general public
and that Club membership is a majority of Tustin residents.
Currently, Club membership currently numbers about 150. The
Community Services Department reviews Club rosters to assure this
requirement. The Club also forwards original membership forms to
the Community Services Department for verification of address and
signature of hold harmless forms.
.on Supervisor
Susan M. Jones
Recreation Superintendent
Attachment
RW2:TTCREPRT.CC
AGREEMENT
THIS AGREEMENT made and entered into on this ,
1994, by and between the CITY of TUSTIN, a municipal corporation
("City") and the TUSTIN TENNIS CLUB, a California Corporation ("Club").
R ~ C I TA LS
A. Club desires to utilize tennis courts of City located in Magnolia
Tree Park in the City of Tustin during the following periods:
le
·
·
Each Monday, from 8:00 a.m. to 11:00 a.m.
Certain Mondays from 6:30 p.m. to 10:00 p.m. to be reserved in
advance with the Community Services Department.
Each Wednesday, from 8:00 a.m. to 11:00 a.m.. _
Each Friday from 8:00 a.m. to 11:00 a.m. and from 6:00 p.m. to
10:00 p.m.
Each Saturday from 2:00 p.m. to 5:00 p.m.
B. The City is willing to permit Club to use these facilities during
the times specified above.
NOW, THEREFORE, the parties hereby agree as follows:
1. The City will post prominent signs to show the times specified
above as well as the times for regular maintenance by the City.
2. The' Club agrees that its membership shall be open to the
general public and that a majority of its members shall be Tustin
residents. The Club agrees to certify and agree that they will not
discriminate on the grounds of race, creed, color, national origin,
political affiliation, marital status, sex, age or disability under the
privileges and uses granted under any activity support by this
agreement.
3. The Club agrees to provide and install nets and center straps
as necessary, and will generally protect and police the court areas when
and where feasible or when requested by the City. Nets and center
straps shall be replaced within thirty (30) days of having been noticed
by the City.
4. The City to provide routine maintenance of the courts
including blowing and hosing down courts and replacement of court
lighting.
5. The Club will, at its. sole cost and expense, provide for all
of its operating expenses including its operations budget, including but
not limited to such expenses as printing, postage, mailing and the cost
of any and all events or functions Club may provide for its members and
any and all requirements of state and other laws.
6. The parties understand and agree that Club's officers and
members will not be agents or employees of the City, but will be acting
solely as independent members of Club under the terms and conditions
specified herein and as independent members of Club, they shall be
solely responsible for the payment of any and all federal and state
income and other taxes, insurance benefits, Social Security coverage, or
other benefits to any employees the~Clubl.may choose to hire and for all
other costs, expenses, bills and liability of every kind. Club
understands and agrees that neither Club or any of its representatives
nor any other person provided by the Club shall in any way be considered
an agent, employee, or representative of City.
7.
Tustin.
The Club agrees that it is not sponsored by the City of
8. The Club agrees to abide by all City Ordinances and Community
Services Department rules, policies, and regulations regarding the use
of public parks and facilities.
9. The Club and its officers and agents hereby agree to release,
discharge and covenant not to sue the City of Tustin, its employees,
officers, councilmembers and agents for and from any and all claims and
liability arising out of strict liability, dangerous condition of public
property and/or ordinary negligence which may cause injury, death,
damages or property damage to the Club. The Club hereby agrees to
indemnify and hold the City harmless for and from any claim, judgement
or expense the City may incur which may arise out activities of Club as
provided in this agreementor connected with, related to or arising out
of Club's use of the said courts.
10. This agreement shall have a term of one year, commencing the
day and year first written above, with either party having the option to
cancel by giving the other party 30 days written notice. At the end of
one year, the agreement will be reviewed andy may be renewed, revised,
or canceled.
11. This agreement sets forth the entire agreement of the parties
and the parties understand and agree that there are no agreement,
understandings, or representations between the parties other than as set
forth expressly herein and that no amendment or addition to this
agreement on the subject matter hereof may be made, except in writing
and signed on behalf of City by the Recreation Superintendent and duly
authorized representative of the Club.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
the day and year first written.
TUSTIN TENNIS CLUB,
A CALIFORNIA CORPORATION
CITY OF TUSTIN,
A MUNICIPAL COP~DORATION
President
Date
:CONTRACT.TTC
BY
William A. Huston
City Manager
Date
Approv~ f~:
City Attorney