1 MEMORANDUM OF UNDERSTANDING BETWEEN LOVE-LOVE TENNIS
FOUNDATION AND THE CITY OF RIPON
This MEMORANDUM OF UNDERSTANDING is hereby made and entered into on this __ day of ____________, 2023, by and between the LOVE-LOVE TENNIS FOUNDATION, a non-profit organization duly formed and operating under the laws of the State of California (“Foundation”) and the CITY OF RIPON, a municipal corporation (“City”).
1. BACKGROUND AND PURPOSE:
The Foundation has agreed to provide financial assistance to develop a Tennis Complex at Mistlin Sports Park, to be located on the parcel located at 1210 Clinton South Avenue, which will include tennis courts, restrooms, parking, along with the necessary utilities and ancillary facilities (“Complex”). A draft Site Plan depicting the location of the Complex and its components is attached hereto as Exhibit “A”.
The purpose of this MEMORANDUM OF UNDERSTANDING is to set forth the terms and conditions under which the Foundation will provide volunteers and resources for the development of the Complex.
2. OBLIGATION OF THE AGREEING PARTIES:
The Parties desire to work together to implement the planning, design, and construction of the Complex.
3. COOPERATION:
A. Project Funding
i. The Foundation shall fund the engineering services for the planning and design of the Complex.
This will include the overall master planning/phasing plan of the Complex along with preparing design drawings, cost estimates, and technical specifications to be used for bidding purposes for each phase of construction. Foundation to submit a licensed civil engineer (“Designer”) for the approval of the City Engineer.
ii. The Foundation shall provide fifty percent (50%) of the funds for the construction of the tennis courts and associated elements of the courts, including grading, fencing, lighting, utilities, and required ADA access.
iii. The City shall fund the construction of the parking lot, restrooms, access road, landscaping, and irrigation.
iv. The City shall provide the staff time to implement the construction of the Complex, including reviewing plans/specifications/cost estimates, preparing construction contract documents, and construction management of the Complex.
v. The City shall pay all fees associated with the project, including habitat fees, school fees, fire fees, and any other fees that may be required to construct the Complex.
B. Planning and Design Phase
i. The City shall ensure the house, huller, and barn currently on the site are demolished to allow development of the Complex.
2 ii. Complex Design:
a. The Designer shall prepare design drawings/technical specifications that will include the grading, layout, survey, utilities, flat work, details, cross-sections, and anything else necessary for a contractor to bid and construct the various phases of the Complex. b. The Designer shall prepare design drawings, technical specifications, and construction cost estimates at the 30, 60, and 100 percent milestones for the City approval. c. Design will be compliant with the United States Tennis Association guidelines for Junior Tennis Courts for future tournaments.
iii. City shall obtain all necessary permits along with CEQA environmental clearance, if applicable, for the construction of the various phases of the Complex. iv. City shall process the proposed project through the appropriate Planning Department process, including approval of the Planning Commission (if needed), and pay all associated fees. v. City shall prepare the construction contract and advertise for bids for each phase of the Complex, once all funding, design drawings/technical specifications, environmental clearance, and permits have been obtained.
C. Construction Phase
i. The City shall oversee the bid process and request information from the Designer, as needed, to respond to contractor questions.
ii. The City shall provide construction management and inspection services for the various phases of the Complex.
D. Operation of the Complex
i. The Complex is intended to be open to the public, except for the times it is being rented. ii. The City may reserve the Complex for the following events for a rental rate approved by the City Council:
a. Private instruction;
b. Training camps;
c. Tournaments;
d. Any additional tennis-related activity at the Tennis Complex. iii. The Foundation may reserve the Complex for no charge, as summarized below:
a. Six times per year for weekend tournaments that will be used as fund raisers to assist with the funding of future phases of the Complex.
b. Ladies Central Valley Tennis League InterClub matches played Tuesday, Wednesday, and Thursday mornings.
c. Weekend tournaments will need to be scheduled with the Recreation Director to ensure they will not conflict with other events at the Mistlin Sports Complex. d. The Foundation will need to comply with all other City rental requirements/rules, such as providing insurance.
3 E. Maintenance of the Complex
i. The City shall maintain the Complex, including, but not limited to the following:
a. Emptying trash cans at the Complex.
b. Cleaning and maintaining the restrooms.
c. Irrigation and landscaping at the Complex.
d. Replacement of the tennis court surface.
e. Utility bills related to the operations of the Complex. f. Clean the tennis court surface twice a month with a blower and/or water when available.
F. Advertisement
i. The Foundation will have the right to provide the following advertisement opportunities at the Complex to assist with the fundraising efforts:
a. Complex naming rights/signage
1. Foundation may name the Complex, subject to City’s reasonable approval.
The name cannot be offensive nor controversial in any way.
2. The proposed name and signage is to be submitted to the City Council for approval prior to the Foundation accepting a donation for those rights. b. Individual tennis court naming rights/signage
1. Foundation may name the individual tennis courts. The names cannot be offensive nor controversial in any way.
2. The proposed names and signage is to be submitted to the City Council for approval prior to the Foundation accepting a donation for those rights. c. Donor recognition
1. Foundation may recognize donors by placing plaques on benches or installing pavers with donor recognition information.
2. Foundation may construct a “donor wall” that is aesthetically appropriate for the Complex.
3. The donor recognition opportunities and proposed signage is to be submitted to the City Council for approval.
“Foundation” “City”
LOVE-LOVE TENNIS FOUNDATION CITY OF RIPON
By:______________________________ By:___________________________ Name:____________________________ Name: Michael Restuccia, Mayor