HomeMy WebLinkAbout09 GIRLS BATTING CAGES 04-16-01AGENDA
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MEETING DATE' APRIL 16, 2001
'""'-" ..' No. 09
· ' 04-16-01
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TO'
WILLIAM A. HUSTON, CITY MANAGER
FROM'
PARKS AND RECREATION SERVICES
SUBJECT'
APPROVAL OF AGREEMENT BETWEEN THE CITY AND TUSTIN GIRLS
SOFTBALL TO CONSTRUCT BATTING CAGES
I I III I III I II I
SUMMARY:
Tustin Girls Softball (TGS) submitted a request to construct three batting cages on City
property at Columbus Tustin Park. TGS would be responsible for all costs associated
with the construction and operation of the facility. The batting cages would fulfill a
community need and be used jointly by TGS and the City for use by the general public.
The batting cages would be located within an area that is currently underutilized and
used only for landscaping.
RECOMMENDATION'
The City Council approve the proposed Agreement between the City of Tustin' and
Tustin Girls Softball to construct batting cages at Columbus Tustin Park.
FISCAL IMPACT'
According to terms'of the proposed Agreement, TGS would be responsible for all
design, construction, maintenance and utility costs for the batting cages. Ali
improvements constructed by TGS become the sole property of the City. The City may
charge other persons and organization that use the batting cages a user fee.
BACKGROUND:
Tustin Girls Softball submitted a request to the Parks & Recreation Department to
construct three batting cages at Columbus Tustin Park. The proposed site is adjacent
to the ball fields located entirely on property owned by the City. The cages will be
approximately 130 feet by 12 feet in an area that is under utilized and used only for
landscaping.
TGS has submitted plans and a completed Development Application Form to the
Community Development Department. On April 2,. 2001 a public hearing was held and
the Zoning Administrator approved Conditional Use Permit 01-006 to install the batting
cages finding that the facility fulfills a community need when used jointly by TGS and
the City for use by the general public. The cages will be lighted however; in no case will
the facility be operated after 8 p.m.
SUMMARY:
The proposed agreement has been approved as to form by the City Attorney. Prior to
issuance of building permits TGS must execute the attached agreement. The
improvements will benefit the community and youth sports organizations. In order to
expedite the project staff recommends the City Council approve the Agreement to
Construct Batting Cages at Columbus Tustin Park.
Patrick Sanchez
Director, Parks and creation Services
Superintendent
Attachments:
Agreement between the City and Tustin Girls Softball to Construct
Batting Cages
TUSTIN GIRLS SOFTBALL CITY COUNCIL
AGREEMENT BETWEEN THE CITY AND TUST1N GIRLS SOFTBALL
TO CONSTRUCT BATTING CAGES
This agreement made and entered into this day of , 2001, by and
between TUSTIN GIRLS SOFTBALL, a nonprofit corporation, hereinafter referred to as
"TGS" and the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as
"City".
RECITALS
1. City owns and operates property at Columbus Tustin Park which is located at
17522 Beneta Way, Tustin, California and which has field areas that are suitable for use
for community recreation programs shown on Exhibit attached hereto.
2. TGS desires to construct batting cages and to coordinate, schedule and conduct
community recreation programs using those facilities.
· 3. TGS is willing to expend funds for the construction of improvements on City
property.
4. City and TGS desire to enter into this agreement to provide for such construction
and use of batting cages at Columbus Tustin Park.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions hereinafter set forth, the parties hereto agree as follows'
1. PURPOSE OF THE AGREEMENT
The purpose of this Agreement is for TGS to provide for construction of batting
cages at Columbus Tustin Park, to provide for public use, including use by community
organizations, of batting cages, and to coordinate and schedule use along with the City
and TGS.
2. USE OF COLUMBUS TUSTIN PARK BY TGS
a. City hereby grants to TGS the right to use fields depicted in
Exhibit for purposes of this Agreement; namely, for TGS to construct batting cages, use
batting cages for TGS programs, and coordinate, schedule and allow the City to use and
provide for community use of batting cages.
b. During the term of this Agreement, City shall make fields available
to TGS for the stated purposes of this Agreement. City shall take no actions, which
interfere with or prohibit the use of batting cages, including but not limited to, the
construction of temporary or permanent buildings on the area used for batting cages.
',
3. CONSTRUCTION OF BATTING CAGES
a~
depicted in Exhibit.
TGS shall construct batting cages at Columbus Tustin Park as
be
For construction of batting cages, TGS shall accomplish each of
the following:
1)
Prepare all necessary conceptual plans, final construction
plans and specifications for batting cages.
2)
Prior to construction Of batting cages, submit final
construction plans and specifications to City for its review
and approval.
City agrees not to unreasonably withhold its approval. If
City has not advised TGS in writing of its disapproval of
the submitted plans and specifications within thirty (30)
days after submission to City; plans and specifications shall
be deemed approved by City.
3)
Take all necessary action to .insure that batting cages are
constructed in accordance with plans and specifications.
4)
Provide all necessary construction administration and
management required for construction of the batting cages.
c. TGS shall establish a schedule of events for construction of batting
cages. The schedule shall be designed to minimize disruption and interference of
construction with City and school activities. Prior to commencement of construction of
batting cages, the schedule shall be submitted to City for approval. City shall have five
(5) working days in which to approve or make changes to the schedule. If City fails to
approve or make changes to schedule within the 5-day period, the schedule shall be
deemed approved.
d. TGS shall not detem~ine that the construction of batting cages is
complete or record a notice of completion concerning the construction until City has
reviewed the construction and determined that batting cages have 'been completed in
accordance with the plans and specifications for the construction of batting cages. City
shall not unreasonably withhold its determination that the construction of the batting
cages has been completed in accordance with the plans and specifications.
4~
FINANCING CONSTRUCTION OF BATTING CAGES
a. TGS shall pay for the 'construction of batting cages, including
preparation of plans and specifications, construction work, electrical engineering and
underground wiring, irrigation modifications, plan check submittal, inspection services,
and any change orders resulting from unforeseen conditions.
5~
SCHEDULING USE OF BATTING CAGES
a. City shall be responsible for and have authority to schedule all use
of batting cages during non-TGS use hours. The City shall grant all other use of the
subject property according to City Facility Use Policies. TGS shall have priority use of
batting cages during the hours specified as follows:
All Tustin Unified School days
All non-Tustin Unified School days
All Saturdays
All Sundays
4:00 p.m.- 8:00 p.m.
8:00 a.m. - 8:00 p.m.
8:00 a.m. - 8:00 p.m.
9:00 a.m. - 4:00 p.m.
b. City shall insure that, as to the reservation of use of batting cages
by persons and organizations that each person shall have in effect at the time of use of' the
batting cages, general liability insurance in the amount of at least $1,000,000 per
occurrence, and that the City is named as additional insured on applicable insurance
policies.
c. TGS and City agree that batting cages shall be locked and secure
from unauthorized public use when not in during non-TGS hours or City authorized use.
d. City and TGS agree that specific non-City and non-TGS use shall
be subject to the approval of City and TGS, through their duly authorized agents, and
City and TGS agree not to unreasonably withhold such approval.
e. Notwithstanding the above, TGS and City shall have the fight to
close the facilities for normal maintenance and during inclement weather.
e
MAINTENANCE OF BATTING CAGES
a. TGS agrees to provide at its sole cost and expense the care and
maintenance of the batting cages and to do so in a manner, which will accommodate the
use of such facilities at all reasonable times.
TGS shall be responsible for and pay all necessary costs
incurred for maintenance of batting cages' Maintain and
repair the fencing. Pay for all costs of utilities used for the
maintenance of the. batting cages by the TGS and City
authorized use.
8. CHARGES FOR USE OF BATTING CAGES
a. City may charge persons and organizations that use batting cages
during non-TGS hours a user fee or charge for such use. The purpose of this fee is for
City to recover costs incurred in scheduling use of and progranu'ning batting cages. City
will reimburse TGS thirty percent (30%) of any charges collected for rental of batting
cages to non-TGS users. TGS shall not be charged for its use of the batting cages either
during TGS hours or for use during non-TGS hours. TGS may not charge City for use of
batting cages.
9. TERM
a. The term of this Agreement shall be for thirty (30) years
commencing on the date of approval of Agreement by both parties. All improvements
constructed by TGS under terms of this agreement are the sole property of City.
10. COOPERATION OF THE PARTIES
a. City and TGS shall cooperate and take all actions necessary to
achieve the purposes of this Agreement. Each party shall designate in writing a particular
person to be responsible for performance of that party's duties and responsibilities
pursuant to this Agreement.
11.
LIABILITY, INDEMNIFICATION & INSURANCE
a. Without limiting TGS's indelrmification of City, TGS shall provide
and maintain at its own expense during the term of this Lease the following program(s) of
insurance coveting its operations hereunder. Such insurance shall be provided by insurer(s)
licensed, to do business in, and in good standing in, the Sate of California, with a Best's Key
Rating of at least A VII, and satisfactory to City's Risk Manager and the City Attorney.
TGS shall take out and maintain during the life of the Agreement general liability insurance
that provides protection from claims, which may arise from operations or perfom~ance
under this contract. The amount of insurance shall not be less than $1,000,000 single limit
coverage.
Evidence of such programs satisfactory to City shall be delivered to the City on or before the
effective date of this Lease. Such evidence shall specifically identify this Lease and shall
contain express conditions that City is to be given written notice at least thirty (30) days in
advance of any modification or termination of any program of insurance. Such insurance,
with the exception of Workers' Compensation insurance, shall be primary to and' not
contributing with any other insurance maintained by City, and shall name the City and its
officers and employees as additional insureds. The City of Tustin Insurance Endorsement
Form must be executed by the applicable insurance underwriters and delivered to City.
b. Notwithstanding the requirements for insurance, TGS shall
defend, indemnify and'save harmless the City, its officers, agents, and employees, from
and against any and all claims, demands, losses, or liabilities of any kind or nature which
the City, its officers, agents and employees may sustain or incur or which may be alleged
against them and/or attempted to be imposed upon them or any of them for injury to or
death of persons, or damage to property as a result of, or arising out of, the intentional
acts or negligence of TGS, its officers, agents, employees, subtenants, invitees, or
licensees.
13. NOTICES
a. Any notice to be given hereunder shall be addressed as hereinafter
set forth and shall be personally delivered or mailed, postage prepaid, to the other at the
addresses hereinafter set forth:
CITY'
City of Tustin
300 Centennial Way
Tustin, CA 92780
Attn' Director, Parks and Recreation Services
. TGS'
Tustin Girls Softball
17300 17th St. Suite J-461
Tustin, CA 92780
Attn: President, Tustin Girls Softball
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
CITY OF TUSTIN,
APPROVED AS TO FORM:
By:
Mayor, City of Tustin
CITY ATTORNEY
TUSTIN GIRLS SOFTBALL,
P&RAdm/LeaseAgree/TustinGirlsSoftball.doc
12/1/2000
By'
President, Tustin Girls Softball