1 PERMIT TO USE CITY FACILITY
This PERMIT TO USE CITY FACILITY is granted on this day of , 2024 by the City CITY
Coronado Lawn Bowling Club, , with reference to the following facts:
A. The CITY
herein) which the CLUB, with the CITY s permission, intends to use and assist in maintaining.
B. The GREEN is located at 1019 Seventh Street, adjacent to the building at the John D. Spreckels Center and Bowling Green GREEN includes playing area and adjacent pathways. CENTER includes the GREEN, and all building and adjacent facilities (Green Room, covered patio, etc.) located at 1019 Seventh Street.
C. The CITY ling.
D. The CLUB seeks to use the GREEN in a manner that will benefit the community through enhanced opportunities to participate in the game of lawn bowling.
E. The Director of Recreation and Golf Services, , shall be the administrator of this PERMIT on behalf of the CITY.
THEREFORE, IT IS AGREED AS FOLLOWS:
1.0 PERMITTED USES
1.1 The GREEN will be used for the purpose of lawn bowling per CITY Ordinance, C.M.C.
48.28. Any other use of the GREEN must be authorized in writing by the Director of Recreation & Golf Services or his/her designee.
1.2 Hours of use of the GREEN shall typically be between 8:00 a.m. to dusk.
1.3 Access to the GREEN during established hours of use shall not be restricted to anyone wanting to participate in lawn bowling, except during scheduled activities held by CLUB or CITY that occupy the entire GREEN.
2.0 REGULATION OF USE
2.1 The CLUB shall not allow any other organization or business to use the GREEN without prior written consent of the CITY.
2.2 Pets are not allowed on GREEN nor at CENTER.
2.3 Skateboards, scooters, bicycles, and roller skates are not allowed on GREEN playing surface.
Attachment 1
2 2.4 Smoking is not permitted on City property per Ordinance C.M.C. 36.08.
2.5 Alcohol is not permitted within 4 feet of the GREEN playing surface.
2.6 No eating, drinking (except water), or picnicking within 4 feet of the GREEN playing surface.
2.7 Proper footwear with flat soles (no heels) is required on the GREEN playing surface.
3.0 CLUB RESPONSIBILITY
3.1 The CLUB agrees to use the GREEN to conduct open play, social games, instruction, clinics, practice sessions, league competitions, visitations, tournaments, and other related activities designed to promote the game of lawn bowling. The CLUB will schedule the times of such activities and provide the CITY with its schedule of intended use annually.
CLUB schedule subject to review by CITY.
3.2 It is understood that the GREEN is a public facility, and that the GREEN shall be open to the general public when the CLUB conducts activities at the GREEN, with the exception of scheduled activities by CLUB or CITY that occupy the entire GREEN. The CLUB will make playing rinks and equipment, including training bowls, jacks, mats, and other necessary equipment, available to the general public for drop-in lay . A fee for independent of structured activities
coordinated by the CLUB.
3.3 No person shall be denied membership in the CLUB because of residency or other qualification, except as provided herein.
3.4 The current established membership fees shall be considered the fee floor and may be increased to cover associated CLUB costs. Fees will be collected by the CLUB from its members and will be apportioned and applied as follows:
One third of paid amounts shall be paid to the CITY for the Green Replacement Fund.
One sixth of paid amounts shall be paid to the CITY for facility usage.
3.5 Payments to the CITY shall be forwarded at least quarterly with a complete list of new members and their contact information. CLUB will submit a current roster to the CITY in January and June of each year.
3.6 The CLUB or CITY will furnish individual and group lessons and clinics on the techniques and rules of lawn bowling. Lesson fees may apply, and payments will be payable to either the CLUB or CITY depending on which agency administers.
3.7 The CLUB may conduct special lawn bowling events on the GREEN for groups or organizations upon request and may assess a fee for such services. Charges and fees paid by groups shall be divided and distributed per the rules in section 3.4. Exceptions to group Attachment 1
3 event fees may include reduced fees for events sanctioned by the CLUB or CITY (e.g. civic organizations, CITY employees, etc.).
3.8 Any use of facilities and access not implicitly stated otherwise in this agreement, besides the GREEN (including patio, Grand Room, Green Room, Kitchen) shall be reserved through facility reservation process.
3.9 The covered patio is part of the CENTER and, unless reserved through the CITY, is an open, common space. The covered patio is used during private rentals of the Grand Room. CLUB shall have exclusive use of covered patio for 2-4 tournaments a year with date approval through facility reservation process.
3.10 The Green Room is part of the CENTER. The Green Room will be used by CITY for classes, trainings, meetings, etc. CLUB will have exclusive use of Green Room once a month for two hours for CLUB board meetings and every Tuesday, Thursday, and Saturday from 8am-1pm for general CLUB activities. CLUB may reserve Green Room for additional needs through facility reservation process.
3.11 CLUB is granted once a year complimentary use of Grand Room for holiday party.
CLUB to reserve date through facility reservation process. CLUB to pay fully-burdened, hourly rate for staff time including set up, event supervision, and clean up. CLUB will also pay deposit and, if alcohol is served, security guard fee.
3.12 Kitchen access is limited to specific event uses and shall be reserved by CLUB through facility reservation process.
3.13 The CLUB agrees to comply with all applicable federal, state, and local laws and regulations.
3.14 The CLUB will not erect any sign or install any fixtures without the prior written consent of the CITY.
3.15 The CLUB agrees to designate a CLUB member to serve on the Spreckels Center Advisory Committee and to act as a liaison between the CLUB and the CITY, and in the absence of such designation, the President of the CLUB shall so act.
3.16 The CLUB will have non-exclusive use of storage rooms #131/#132 as shown in Attachment A. Access keys will be provided by the CITY, and a Key Issue Agreement will be signed by all parties possessing access to the storage rooms.
3.17 The CLUB shall, during the term of this PERMIT, have permission to access Green Room, if not occupied by CITY, and restrooms after CENTER hours subject to Section 3.20 of this PERMIT.
3.18 The CLUB is responsible for the cost of its dedicated phones, phone lines, internet provider, and copier, which are to be used for normal business purposes and incidental personal use.
Attachment 1
4 3.19 The CLUB shall keep the GREEN, the Green Room, storage rooms, and all CENTER common areas used by its members neat, clean, and free of debris.
3.20 The CLUB or designees to a maximum of seven (7) total individuals, shall be provided access to the CENTER for access to restrooms and utilizing the Green Room to perform the duties associated with lawn bowling. This right of access shall not be construed as a right to use the CENTER for any event, program, or activity that has not been approved by the CITY. The CITY reserves the right to revoke access privileges at any time. Kitchen access is limited to specific event uses and shall be reserved by CLUB through facility reservation process.
3.21 The CLUB will comply with all rules applicable to other CENTER users and CENTER staff.
3.22 The CLUB will be responsible for any damage to the GREEN or CENTER caused by its staff, volunteers, or members. Cleaning fees may be applied and will be charged at the current fully-burdened, hourly rate.
4.0 MAINTENANCE, REPAIR, AND REPLACEMENT
4.1 The CLUB will conduct routine maintenance of the GREEN recommendations through a regular schedule of sweeping and blowing, and will coordinate the watering schedule with the CITY, and in conjunction with the recommendations.
4.2 The CLUB will maintain a record of maintenance and watering performed on the GREEN by CLUB. Records will be provided to the CITY upon request.
4.3 The CLUB shall make no permanent, physical alterations to the GREEN or CENTER without the prior consent of the CITY.
4.4 The CITY shall be responsible for all repairs to the infrastructure and landscaping.
4.5 The expense of all utilities, except those specifically stated herein, shall be paid by the CITY.
5.0 ADMINISTRATION, OPERATIONS AND SUPERVISION
5.1 The GREEN shall be managed by the CITY. The CITY retains the right, at any time, to run programs or events. The CITY will provide adequate advance notification to the CLUB.
5.2 The CLUB, and the CITY, shall share in the responsibility of enforcing the REGULATIONS OF USE of the GREEN in accordance with CITY Ordinance, C.M.C.
48.28. The CLUB will ensure that the REGULATIONS OF USE are followed at all times the CLUB is providing activities on the GREEN. The CITY will support the CLUB in their enforcement of regulations through the services of the Police, Recreation, and Public Services Departments.
Attachment 1
5 5.3 This PERMIT shall be administered on behalf of the CLUB by the President of the CLUB.
5.4 The Director, or designee, will be responsible for facilitating the agreement between the CITY and the CLUB.
5.5 Except for normal wear and tear, and any damage otherwise required to be borne by a party pursuant to other provisions of this PERMIT, any damage to the GREEN shall be the responsibility of the party in control of the use of the facility at the time. The CITY shall be considered the party in control during those hours not programmed by the CLUB.
5.6 The CLUB shall not knowingly commit, or allow to be committed, any waste or injury or any private or public nuisance on the GREEN.
5.7 The CITY shall give written notice to the CLUB within three (3) days of discovery by the CITY of any damage to the GREEN, other than normal wear and tear, caused by CLUB or during a period of GREEN use. If the CLUB does not repair the damage pursuant to the written notice, the CLUB shall reimburse the CITY for the cost of repairs.
5.8 The CLUB shall not assign or otherwise transfer its rights and privileges arising from this PERMIT.
6.0 INDEMNITY - HOLD HARMLESS
6.1 To the fullest extent permitted by law, CLUB agrees that CITY and its elected and appointed boards, officials, officers, agents, employees, representatives and volunteers (individually and collectively, "CITY Indemnitees") shall have no liability to CLUB or any other person for, and CLUB shall indemnify, defend and hold harmless CITY Indemnitees from and against, any and all liabilities, claims, demands, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including attorneys' fees and disbursements, (collectively "Claims") that arise out of, pertain to, or relate to: (a) any act or omission of CLUB or its officers, directors, representatives, employees, agents, invitees or subcontractors; or (b) this PERMIT, including, but not limited to, use of CENTER, GREEN, or City facilities.
6.2 CLUB
injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the CITY or its elected and appointed boards, officials, officers, agents, employees, representatives or volunteers.
6.3 CLUB
s Indemnitees for all costs,
with respect to any litigation in which the CLUB is obligated to indemnify, defend and hold harmless the CITY pursuant to this PERMIT.
6.4 These provisions shall not be limited by any provision of insurance coverage that the CLUB may have in effect, or may be required to obtain and maintain, during the term of this PERMIT. These provisions shall survive expiration or termination of this PERMIT.
Attachment 1
6 6.5 CITY shall timely notify the CLUB of the receipt of any third-party claim, relating to the PERMIT, and CITY shall be entitled to recover its costs incurred in providing the notification.
6.6 Responsibility for Equipment. Notwithstanding anything in this PERMIT to the contrary, CITY shall not be responsible nor held liable for any damage whatsoever, including, but not limited to persons or property, resulting from or arising out of the use, misuse or failure of any equipment used by CLUB or any of its agents, employees, representatives, invitees or subcontractors, even if such equipment has been furnished, rented or loaned to CLUB by CITY. Any and all equipment furnished, rented or loaned to
CLUB ENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS EQUIPMENT, AND
HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The acceptance or use of any CITY equipment by CLUB or its agents, employees, representatives, invitees or subcontractors shall be with all faults and shall be construed to mean that CLUB accepts full responsibility for and agrees to defend, indemnify and hold harmless CITY Indemnitees from and against any and all Claims for any damage whatsoever resulting from the use, misuse or failure of such equipment. CLUB HEREBY
RELEASES, WAIVES, DISCHARGES AND CONVENANTS NOT TO SUE CITY FOR
ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS RELATING TO ANY CITY EQUIPMENT.
6.7 PERS Eligibility Indemnification. In the event that any of CLUB is determined by a court of competent jurisdiction or the California Public Employees rollment in PERS of the CITY, CLUB
shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of such personnel as well as for payment of any penalties and interest on such contributions that would otherwise be the responsibility of the CITY. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CLUB
become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contributions to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.
6.8 Limitation of CITY Liability. Neither CLUB nor CLUB salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the CITY. The CITY will not make any federal or state tax withholdings on behalf of CLUB. The CITY shall not be required to
insurance on behalf of CLUB.
6.9 Indemnification for Employee Payments. CLUB agrees to defend and indemnify the CITY for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, Attachment 1
7 may be required to make on behalf of CLUB for work done by CLUB Facilities.
7.0 INSURANCE & BOND
7.1 CLUB shall procure and maintain for the duration of this PERMIT insurance against claims for injuries to persons or damages to property that may arise from or in connection with Risk Manager.
7.2 CLUB shall obtain and, during the term of this PERMIT, shall maintain policies of automobile liability and general liability insurance from an insurance company authorized to do business in the State of California in insurable amounts of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate or the limits specified below, whichever are greater. The insurance policies shall provide that the policies shall remain in full force during the life of the PERMIT, and shall not be canceled or not renewed without thirty (30) days prior written notice to the CITY from the insurance notice shall
be acceptable on insurance certificates. Maintenance of specified insurance coverage is a material element of this PERMIT.
7.3 Types and Amounts Required. CLUB shall maintain, at minimum, the following insurance coverage for the duration of this PERMIT:
7.3.1 Commercial General Liability (CGL). CLUB shall maintain CGL Insurance written on an ISO Occurrence form or equivalent providing coverage at least as broad as CG 00 01 which shall cover liability arising from any and all personal injury or property damage in the amount of $2,000,000.00 per occurrence and subject to an annual aggregate of $4,000,000.00. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
7.3.2 Commercial Automobile Liability. CLUB shall maintain Commercial Automobile Liability Insurance for all of the CLUB's automobiles, including owned, hired and nonowned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $1,000,000.00 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
7.3.3 Workers' Compensation. CLUB
of the CLUB's employees who are subject to this PERMIT and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000.00 employers' liability coverage. The CLUB shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.
Attachment 1
8 7.4 The CITY, its officers, officials, employees, representatives and volunteers shall be named as additional insureds on the required general liability and automobile liability policies.
All policies shall contain a provision stating that the CLUB and that insurance (including self-retention) of the CITY or any named insured shall not be called upon to contribute to any loss. This provision shall apply regardless of any language of the general liability and automobile liability policy maintained by the CLUB during the term of this PERMIT.
7.5 Before CLUB shall employ any person or persons using the Facilities under this PERMIT, CLUB
Code of the State of California, or shall obtain a certificate of self-insurance from the Department of Industrial Relations.
7.6 CLUB shall furnish certificates of said insurance and policy endorsements to the CITY prior to using the Facilities. Failure by the CITY to object to the contents of the certificate and/or policy endorsement or the absence of same shall not be deemed a waiver of any and all rights held by the CITY. Failure on the part of CLUB to procure or maintain in full force the required insurance shall constitute a material breach of contract under which the CITY may exercise any rights it has in law or equity including, but not limited to, terminating this PERMIT.
7.7 The CITY reserves the right to review the insurance requirements of this section during the effective period of the PERMIT and to modify insurance coverages and their limits when recommendation of professional insurance advisors, changes in statutory law, court decisions or other relevant factors. The CLUB agrees to make any reasonable request for the deletion, revision, or modification of particular insurance policy terms, conditions, limitations, or exclusions (except where those policy provisions are established by law, or are established by regulations that are binding upon either party to the contract, or are binding upon the underwriter to the contract). Upon request by CITY, CLUB shall exercise reasonable efforts to accomplish such changes in policy coverages and shall pay the cost thereof.
7.8 14.8 Any deductibles or self-insured retentions must be declared to and approved by the payment of such deductibles or self-insured retentions.
7.9 CLUB hereby grants to CITY a waiver of any right to subrogation that any insurer of said CLUB may acquire against the CITY by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the CITY has requested or received a waiver of subrogation endorsement from the insurer.
7.10 If the CLUB maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CLUB. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Attachment 1
9 7.11 CLUB shall ensure and require that any approved subcontractor maintain insurance policies that meet the requirements of this Section 8.
7.12 The CLUB, and any of its elected and appointed boards, officials, officers, agents, employees, and volunteers who are authorized to collect or handle money in the course of their duties, as defined by this PERMIT, shall be covered by a fidelity bond (including crimes coverage) with limits in amounts of not less than $10,000 covering against loss of money, securities, or other property referred to in this PERMIT. The fidelity bond shall be provided at the sole expense of the CLUB and shall name the CITY as loss payee, proof of which shall be provided prior to commencement of the PERMITTED USES under this PERMIT.
8.0 ADDITIONAL PROVISIONS
8.1 TERM. This PERMIT shall take effect and the TERM shall commence upon the date of execution by the CITY. The TERM shall continue for 5 (five) years, unless terminated pursuant to the provisions below, and is renewable for two additional 5-year periods upon the mutual agreement of both parties. Any party desiring to renew this PERMIT for an additional term must provide the other party with a request to negotiate a renewal of the PERMIT no later than 60 days prior to the termination of the initial TERM. The parties must agree to the terms and conditions of a renewal term before the end of the initial TERM. If the parties fail to reach an agreement, this PERMIT shall terminate at the end of the term and the CLUB shall have no further rights to use of the GREEN under this PERMIT.
8.2 AMENDMENT. The provisions of the PERMIT may be amended or modified, at any time, by mutual consent and written agreement of the respective parties.
8.3 TERMINATION. The CITY and CLUB reserve the right to terminate this PERMIT at any time, and for any reason, with 120 days written notice. The City Manager, or designee, may terminate this PERMIT immediately without notice for emergency purposes.
8.4 SURRENDER. At the conclusion of the TERM, or the earlier termination thereof, the CLUB shall terminate use and relinquish control of the GREEN, leaving the property in as good order and condition as existed at the time of the commencement of the TERM, reasonable wear and tear excepted. The CLUB will return all City-issued items.
8.5 NON-DISCRIMINATION. The CLUB will not discriminate against any participant, because of race, color, religion, gender, sexual orientation, or national origin, nor shall the CLUB discriminate against any qualified individual with a disability.
8.6 AUTHORITY TO EXECUTE. The person(s) executing this PERMIT on behalf of each party represent and warrant that they have the authority to so execute this PERMIT, and to bind each party to the performance of its obligations hereunder.
8.7 WAIVER. Waiver by any party to this PERMIT of any term, condition, or covenant of this PERMIT shall not constitute a waiver of any other term, condition, or covenant.
Attachment 1
10 Waiver by any party of any breach of the provisions of this PERMIT shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this PERMIT. Acceptance by the CITY of any work or services by the CLUB shall not constitute a waiver of any of the provisions of this PERMIT.
8.8 LAW TO GOVERN VENUE. This PERMIT shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San Diego. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Southern District of California, in San Diego. The CLUB hereby expressly waives any right to remove any action from San Diego County as is otherwise permitted by Code of Civil Procedure Section 394.
8.9 ENTIRE PERMIT. This PERMIT, including any attachments hereto, is the entire, complete, final, and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other PERMITS or understandings, whether oral or written, or entered into between the CLUB and the CITY prior to the execution of this PERMIT. No statements, representations, or other PERMITS, whether oral or written, made by any party, which are not embodied herein, shall be valid and binding. To the extent that the terms and conditions of this PERMIT conflict or are in any way inconsistent with the terms and conditions of any attachment, the terms and conditions of this PERMIT will prevail.
8.10 SEVERABILITY. If a term, condition, or covenant of this PERMIT is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this PERMIT shall not be affected thereby and the PERMIT shall be read and construed without the invalid, void, or unenforceable provision(s).
8.11 NOTICES. Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of ten (10) calendar days following the date of the mailing of the notice.
Attachment 1
11 If to CITY: Director of Recreation and Golf Services City of Coronado
1845 Strand Way
Coronado, CA 92118
If to CLUB: Coronado Lawn Bowling Club
c/o John D. Spreckels Center and Bowling Green
1019 Seventh St.
Coronado, CA 92118
Attn: CLBC President
9.0 SIGNATURES
Each signatory and Party hereto hereby warrants and represents to the other Party that it has legal authority and capacity and direction from its principal to enter into this PERMIT, and that all resolutions or other actions have been taken so as to enable it to enter into this PERMIT.
CITY:
City of Coronado
CLUB:
Coronado Lawn Bowling Club
By: ______________________________
Tina Friend, City Manager
By: ______________________________
Mike Lane
President
Date: _____________________________ Date: ____________________________ APPROVAL AS TO CONTENT: ____________________________________ ___________________ Tim Farmer, Date Director of Recreation and Golf Services
APPROVAL AS TO FORM: ____________________________________ ___________________ Johanna N. Canlas, City Attorney Date
ATTEST: ____________________________________ ___________________ Kelsea Holian, MMC, CPM, City Clerk Date
10.0 ENCLOSURES:
1. John D. Spreckels Center and Bowling Green Facility Map (ATTACHMENT A) Attachment 1
12 ATTACHMENT A: JOHN D. SPRECKELS CENTER
AND BOWLING GREEN FACILITY MAP
CLUB USE AREAS
Storage #131 Storage #132
Green Room #129
Attachment 1