Westwind Barn C. U. P
March 21, 2005
Mage 3
16, Public riding instructions may be given. This shall be under, the supervision of qualified instructors,. ( CUP 48022- 77)
17. Parking of horse trailers limited to twenty- four (24) hours except for horse trailers not exceeding six ( 6) at any time, belonging to lessee or its management. Parking of the horse trailer's shall be restricted to Lot 4. ( CUP 48022- 77)
18. Any horse breeding operations are to be conducted in an enclosed, discreetly located area during normal working hours and in a safe manner. ( CUP 48022- 77)
19. The applicant shall maintain existing trees and shrubs for- landscaping to mitigate the visual impact frorn offsite. Such landscaping shall not interfere with buildings or the program at the site. The condition of the trees and shrubs shall be evaluated every spring and the replacement, as needed, to maintain the mitigation of off site view, shall occur by June 1 of each year. ( Amended by Planning Commission January 9th, 1985)
20. All equipment necessary for the operation of the stable shall be kept in good repair. Equipment generating noise shall be subject to the Town' s noise ordinance and a time schedule approved by the town. ( Amended by Planning Commission January 9th, 1985)
21, There shall be no more than five ( 5) horse shows per year, to be held between 9: 00 A.M. and 5: 00 P. M. A schedule of these shows and other scheduled events must be filed with the Town, in writing, at least seventy- two ( 72) hours prior to an event. Street and/ or driveway parking will be allowed at the discretion of Town staff„ When there is parking in the streets or driveway, parking attendants as requested by Staff will be present. ( Amended by Planning Commission January 9th, 1985)
2.2. Use of a public address system shall be limited to the permitted horse shows and for other special events with prior City Council approval, and used in such a mariner as not to be a nuisance to the adjacent property owners. ( Amended by Planning Commission January 9th, 1985)
B.• ENGINEERING:
23. Any, and all, changes to the existing grading and drainage plan shall first be approved by the Engineering Department. No grading shall take place during the grading moratorium between November 1 and April 1 except with prior approval from the City Engineer. No grading shall take place within ten feet ofany property line. ( CUP # 11- 95)
Westwind Barn CUT
March 21, 2005
Please contact us if you have any questions.
Sincerely,
Carl Cahill
Planning Director
cc: Brian Froelich
Exhibit E
REQUIRED TOWN EVENTS
Expected duties performed by WCB Concessionaire
Dates are subject to change
Hoppin' Hounds (Saturday before Easter):
Some event items are held onsite prior to the event and removed after the event.
Takes place in Byrne Preserve.
Barn Staff ensures that horses in Byrne Preserve are brought in the night before the event or no later than 7: 30am on event day.
2. Pathways Run/Walk (Saturday, before Mother' s Day)
The public event draws roughly 500 people and takes place in the parking lot. Race routes extend through WCB, Byrne Preserve and neighboring areas.
The event blocks trailer parking; any who will need access shall move their trailer the night before the event.
The barn shuts down for this morning public event.
A few days prior to the event Town Staff begins staging, storage space is needed, porta-potties are delivered, signage hung, etc.
Barn staff:
Completes a thorough barn cleaning;
Extra bathroom supplies stocked;
Ensures that horses in Byrne Preserve are brought in the night before the event;
For safety, horses remain in their stalls from 7: 30am - Noon.
Hoedown ( First Saturday in September):
This public event draws roughly 600 people and takes place around the Barn and inside of the gate.
The event blocks trailer parking; any who will need access shall move their trailer the night before the event.
A few days prior to the event Town Staff begins staging, the bar must be brought down, porta-potties are delivered, signage hung, etc.
Barn staff:
Completes a thorough barn cleaning;
Stocks extra bathroom/ kitchen supplies, etc.;
Provides temporary storage of event materials in an area of approximately one stall for not more than one week per event.
The Barn stakeholders usually host a 30 minute horseshow.
Riding is not allowed for duration of the event.
4. Barn Lighting (First Sunday in December):
Pending weather, this public event draws roughly 300 people and takes place around the Barn and inside ofthe gate.
Exhibit E
The event blocks trailer parking; any who will need access shall move their trailer the night before the event.
A few days prior to the event Town Staff begins staging, storage space is needed, bar must be brought down, signage hung, etc.
Barn staff:
Completes a thorough barn cleaning;
Stocks extra bathroom/kitchen supplies, etc;
Provides temporary storage of event materials in an area of approximately one stall for not more than one week per event.
Weather Permitting, pony rides will be held either in the round pen or around the barn.
A petting zoo is hosted in one stall.
TBD Town Event ( Up to an additional event, Dates TBD):
The Town reserves the right to conduct an additional event annually as needed. At this writing, no new events are scheduled or known; this paragraph is included as a placeholder for future events TBD. The Concessionaire shall allow for such one -day event should they occur.
FACILITY USE AND MAINTENANCE AGREEMENT
BETWEEN WESTWIND RIDING INSTITUTE
AND THE TOWN OF LOS ALTOS HILLS
This agreement for use and maintenance of the WRI Barn Facilities at Westwind Community Barn (`.`Agreement") is made and entered into on this I" day ofApril, 2023 by and between the TOWN OF LOS ALTOS HILLS, a municipal corporation TOWN") and the Westwind Riding Institute ( WRI). In consideration oftheir mutual covenants, the parties agree hereto as follows:
1. Purpose. This Agreement authorizes WRI to use specified areas of .
Westwind Community Barn ( identified herein as the " WRI Barn Facilities") and to use on a non- exclusive basis Byrne Preserve and makes WRI responsible for maintaining the WR17 Barn Facilities in a competent and professional manner in order to operate the Riding for the Disabled program. WRI may keep a maximum of eight ( 8) horses at the WRI Barn Facilities. Two (2) of the eight (8) horses may be kept at Byrne Preserve for grazing purposes. WRI shall be provided the current tack room, or a reasonably equivalent and convenient alternative tack facility. Hay storage space sufficient to store a minimum of 19 bales of hay shall be available in the WRI Barn Facilities for feeding of WRI and pasture horses.
WRI currently has exclusive use of upper arena shown on Exhibit A to provide horseback riding instructions during the days and times specified in the Concessionaire Agreement with the TOWN. This Agreement supersedes any prior use agreements between the TOWN and WRI.
2. Premises. The premises covered by this Agreement include limited nonexclusive use ofByrne Preserve (APN: 182- 21- 016), Westwind Community Barn (27210 Altamont Road), and the exclusive use of the WRI Barn Facilities located within Westwind Community Barn ( collectively, " Premises"). The WRI Barn Facilities include a four stall barn, a four stall shed row, the adjoining paddocks, and the side pasture, described more particularly in Exhibit A.
3. Term. The term of the Agreement shall be from April 1, 2023 through July 31, 2026, unless terminated earlier pursuant to Section 5 ofthis Agreement.
4. Renewal. This Agreement shall be subject to renewal, upon mutual consent of the parties, for additional three-year periods. If a party desires to not extend the term as provided herein, that party will provide written notice to the"other party of its intent not to renew the Agreement no later than January 1 st of the final year of the term of the Agreement.
5. Termination. Either party may terminate this Agreement without cause upon three hundred and sixty- five ( 365) days' written notice. TOWN may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by WRI.
11. Hold Harmless. WRI agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature, including personal injury and death, which may arise out of or occur by reason of any act or omission of its part, or the part of its employees, contractors, agents or representatives arising in anyway out of its performance of this Agreement, except to the extent that such liability is caused by the .gross negligence or willful misconduct of the TOWN.
WRI also agrees to require any contract in excess of $5, 000 with its maintenance contractors or subcontractors to contain a provision requiring that the maintenance contractor or subcontractor indemnify, defend and hold harmless WRI and the TOWN and its officers, agents_ and employees from any and all demands, claims or liability of any nature which may arise out of or occur by reason of any act or omission on the maintenance contractor or subcontractor' s part, or the part of any of its employees, contractors, subcontractors, agents or representatives in furtherance of or related to the contract with WRI.
12. Insurance. Upon execution of this Agreement, and at all times during this Agreement, for its sponsored community riding programs and special events, WRI shall maintain insurance in the amount of at least one million dollars ($. 1, 000, 000) combined single limit for bodily injury and property damage and shall provide the TOWN evidence annually that such a policy is in force. TOWN shall be named. as an additional insured in such policy.
WRI' s maintenance contractors and subcontractors, for projects exceeding 5, 000, shall have in full force and effect, at their sole expense, for the joint benefit of the contractors, WRI and the TOWN, liability insurance in which WRI and TOWN are named as. additional insured. The insurance thereunder shall be in the amount of at least one million dollars ($ 1, 000, 000) combined limit for bodily injury and property damage, shall be carried by insurers authorized to transact business in California, and shall be primary as to TOWN and WRI and non- contributory with any insurance which may be carried by TOWN or WRI. The insurance policy shall have a thirty ( 30) day notification to TOWN and WRI before any change in the policy or cancellation. WRI shall beep a current certificate of insurance from its contractors and subcontractors on file with the TOWN at all times.
13. Non -Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of race, color, national origin, age, ancestry, sexual orientation, religion or gender.
14. Independent Contractor. At all times during the term ofthis Agreement, WRI acknowledges and the parties hereby agree that WRI shall be an independent contractor and that neither it, nor its agents, employees, or volunteers are agents or employees of the TOWN for any purpose whatsoever. TOWN shall have the right to control WRI only to the extent expressly provided .in this Agreement. Except as expressly set forth in this Agreement, TOWN shall not have the right to control the means by which WRI
amended, modified or otherwise changed in any respect whatsoever, except by a writing executed by all Parties hereto.
20. Severability. If any term, condition or provision of this Agreement is declared illegal or invalid for any reason by a court of competent jurisdiction, the remaining terms, conditions and provisions shall nevertheless remain in full force or effect.
21. Notices. Any material changes to this contract or the relationship between TOWN and WRI must be noticed or communicated in writing and sent to the Parties at their respective addresses specified below or to such other address as the Parties may designate by written notice delivered to the other Party in accordance with this Section.
All such notices shall be sent by
a. Personal delivery, in which case notice is effective upon delivery; b. Certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt or upon attempted delivery if delivery is refused; Ifto City: Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Manager
Ifto WRI: Westwind Riding Institute
27210 Altamont Road
Los Altos Hills, CA 94022
Attention: President.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as ofthe day and year first above written.
WRI:
r 9
By: .
Nancy Cou erus, P esident
ATTEST:
Deborah Padovan, City Clerk
5314859. 1
By:
Peter Pirnejadl ity Manager
APPROVED AS TO FORM
s. $
Steven T. Mattas, City Attorney
Exhibit G
Barn Manager Duties
At a community barn like Westwind, a working manager performs a multitude of functions necessary for the safe and smooth running of the barn. Of all of these tasks, " administration" is just one responsibility that is ancillary to the primary mission but not part of the mission.
A working manager:
Provides an active presence whenever activities are going on — enforcing Barn rules, advising horsemen who do foolish and unsafe things
Checks the quality of hay when it is delivered
Inspects the paddock fencing to make sure it' s safe
Inspects arena fencing and repairs as necessary
Ensures that all the horses in paddocks have access to water Checks that all water troughs are clean and auto -fill mechanisms operational Periodically checks arena sprinklers to see if they need adjustment Maintains arenas and round pen — trains stable hands on proper maintenance and grooming Takes proactive measures to keep flies under control — ensures that manure is regularly cleaned from the paddocks and the feeding pasture and emptied from the wheelbarrow/ muck buckets in the arenas, round pen and side yard ( at a minimum 2 times a week) Routinely checks the gates to ensure operational safety and that they' re not out of adjustment
Routinely monitors Byrne Preserve fencing and ensures corrective measures taken before the fences are so weakened as to provide an escape for the pastured horses Routinely inspects that stalls are properly bedded and horses are fed correctly
Exhibit G
Monitors the well being of all of the horses — including those in the paddocks and in the feeding pasture
Ensures that all horses are current with immunizations
Assures that required inspections of fire extinguishers and sprinkler system are conducted, as well as annual fire inspections with the county fire department Assures cleanliness of bathroom and kitchen ( stocks bathroom with paper towels, toilet paper, and soap; maintains first aid kits and emergency flashlights) Inspects and takes action for rodent control in the barn and on the property Establishes self as authority figure at the barn while maintaining courteous, friendly, and professional relationships with all groups at the barn
Works with the trainers and their needs
Represents the barn to the outside world in the context of Public Relations and recruitment of new boarders
Exhibit H
The Town' s overall vision of operating goals and principles for Westwind Community Barn is as follows:
A. Create. a safe and welcoming environment for all equestrians and Facility users.
B. Build and maintain a healthy and vibrant Facility whose barn, pastures . and paddocks are full of horses and Facility users.
C. Foster community support and collaboration through the creation of an adnhoc concession advisory group of key stakeholders and at least one neighbor members are chosen by the concessionaire).
D. Practice good schedule management that mfnfmfzes and manages facility interference by and. among the various user groups.
E. Support public events that the Town may choose to convene at the facility.
F. Provide or obtain over time an adequately balanced supply of equestrian stock for user use, rental or lease at competitive rates and terms.
G. Provide equestrian and rider training programs.
H. Promote and support equestrian riding programs such as 4H, Pony Club and YRRP and such others that will encourage a broad range of facility and community usage.
7.
Exhibit I
Arena Maintenance Plan
Annually: Arena will need to be dragged and laser leveled once a year Olympic Footing quoted: Lower arena cost $ 1, 600; Upper arena cost. $ 1, 000 Every Other Year: Footing flipped every other year
Olympic Footing quoted 1/ 2020: $ 3550
This is done to help with the longevity of your footing additives. The laser provides balance & consistency for the horse and rider.
Projected:
2023: laser leveled and flipped
2024: laser leveled
2025: laser leveled and flipped
Historical:
3/ 2014: Lower arena base footing sand installed
10/ 2015: The upper arena was installed ( Footing and sand replaced and base repaired) 8/ 2017: Round pen Otto Matts installed
6/ 2018: Well Ran Dry; Part of the need at this time in the lower arena was due to the well running dry and the arena was not effectively watered for approximately two months. This caused the footing to move around more than normal.
8/ 2018: Footing was flipped and laser leveled in both arenas 5/ 25/ 22: Upper Arena Laser Leveled and added sand
Attachment 1
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL
OF THE TOWN OF LOS ALTOS HILLS AUTHORIZING THE MAYOR TO EXECUTE
OF AN AMENDED AGREEMENT FOR THE WESTWIND COMMUNITY BARN
OWNED BY THE TOWN OF LOS ALTOS HILLS BETWEEN THE TOWN AND VICTORIA DYE EQUESTRIAN, LLC.
WHEREAS, on January 14, 2014, the City Council selected Victoria Dye Equestrian, LLC.
VDE) to operate Westwind Community Barn;
WHEREAS, VDE has been managing Westwind Community Barn since February 1, 2014; WHEREAS, the agreement was amended and renewed on March 8, 2017 and April 1, 2020; WHEREAS, VDE provides equestrian riding programs and horse boarding services to the public for a fee; and
WHEARAS, on February 24, 2023 during the Ad Hoc Committee fully supported the amended VDE agreement
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that the Mayor is hereby authorized to execute a three- year agreement with Victoria Dye Equestrian, LLC., for the operation ofWestwind Community Barn.
The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 16th day of March, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Linda Swan, Mayor
ATTEST:
Deborah Padovan, City Cleric