FACILITY USE AGREEMENT WITH ROBERT W. STEVENS FOR USE OF
RIVER VIEW GOLF COURSE
THIS FACILITY USE AGREEMENT is made and entered into on June 16™, 2026, by and between Robert W. Stevens ("User"), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").
City and User may be collectively referred to as the "Parties" or individually as a "Party".
RECITALS
A. The User has a need for a venue to conduct golf instruction and/or lessons.
B. The City acknowledges the community need for programs such as those offered by User that expand competitive, and non-competitive athletic opportunities within the City of Santa Ana.
C. The Parties have entered into this Agreement for the purpose of setting forth the terms and conditions for the User to use designated areas at the River View Golf Course for the administration of golf instruction and/or lessons.
The parties agree as follows:
GRANT OF PERMISSION AND FACILITIES TO BE USED :
City hereby grants User the limited, non-exclusive right to utilize designated areas of River oF Us sol Cri in Exit 4 ) ohe hereto and incorporated herein by refernant to the Scope
COMPENSATION
For the use of the Facilities described in Section 1 of this Agreement, User shall pay City fees as described in Exhibit A.
TERM
The term of this Agreement shall begin on July 1, 2026 and terminate on June 30, 2027, unless terminated pursuant to the terms of this Agreement.
COMPLIANCE WITH RULES AND REGULATIONS
User shall use and occupy the Facilities in a safe and careful manner and shall comply with all applicable local, state, and federal laws in its use of and activities in the Facilities, including as to the conduct of its employees, agents, clients, customers, guests, and others using the Facilities y reason of this Agreement. User shall also comply with all rules and regulations of City in effec uring its use the Facilities. Failure to abide by such laws, rules, or regulations, or anv conditior
of this Agreement, may result in the immediate termination of this Agreement in the sole discretion of the City,
5. BACKGROUND CHECKS
User shall ensure that all employees, subcontractors, and any volunteers are fingerprinted and background checked prior to conducting any work pursuant to this Agreement. User shall not assign any employee, agent, subcontractor, volunteer or the User personally to provide services pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, or the User personally are required to register as a sex offender under California Penal Code Section 290 et seq, have a conviction for any crime of moral turpitude, have a conviction for a sexual based crime, !
have a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as detined in California Penal Code Section 1192.7(c) Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266с, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311:3, 311.4, 311.10, 311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729:*
6. INDEMNIFICATION
User agrees to and shall indemnify, protect, defend, and hold harmless City, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all claims, damages, judgments, attorney's fees, costs and expenses arising out of, involving, or in connection with the use of the Facilities or the acts or omissions of User, its officers, agents, employees, volunteers, guests, or invitees, whether or not such acts or omissions constitute :
permitted uses of the Facilities.
INSURANCE
Insurance requirements are attached hereto and incorporated herein as Exhibit B.
CONFLICT OF INTEREST CLAUSE
User covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
9. FORCE MAJUERE
In the event that the Facilities are rendered unavailable due to destruction, partial or total, acts of nature, work stoppages or other labor disturbances, civil commotion, war, or any other
action by governmental agencies, or for any reason beyond the control of City, City shall have the right to terminate this Agreement without penalty.
10. LICENSES AND PERMITS
User represents and warrants that it, and any agents, independent contractors, ubcontractors, vendors, or others acting on its behalf under or with respect to this Agreement, wil it all times during the term of this Agreement have and maintain in force any and all license permits, or approvals required by law for the conduct of User's activities under this Agreement.
11. DAMAGE TO FACILITIES
User shall be liable for any damage to the Facilities caused by any act of negligence of Jser, its partners, agents, servants, contractors, representatives, guests, employees, invitees, o ustomers. City may, at its option, repair such damage, and User agrees to reimburse City for th total cost of repair.
12. PROPERTY BELONGING TO USER
City shall not be responsible for lost, stolen, or damages property belonging to User, its :
partners, agents, servants, contractors, representatives, guests, employees, invitees, or customers.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and directed to the addresses below or such addresses as either party may later specify in writing. Notice is deemed effective on the date it is given if hand-delivered or received by facsimile that day. Notice given by U.S. mail shall be deemed to have been given three (3) business days after it is deposited in the U.S. mail, postage prepaid and addressed as follows:
To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988 :
With copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988 -
Santa Ana, California 92702
To User: Robert W. Stevens
45 Augusta
Irvine, CA 92620
[email protected]
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and User regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties regarding the use of the Facilities. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of User. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate User or the City. Each party to this Agreement acknowledges tha 1o representations, inducements, promises or agreements, orally or otherwise, have been made bi any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
User may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. User shall not allow any other person or entity to use the Facilities without the prior written consent of City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice.
17. NONDISCRIMINATION
User shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion termination or other employment related activities or any services provided under this Agreement User affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be letermined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
19. AUTHORITY
The person(s) executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. year first brES WHEREOF, the Parties hereto have executed this Agreement the date and ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO USER: !
City Attorney
Rouse
Robert W. Stevens (May 28, 2026 15:32:19 PDT)
Jonathan T. Martinez By: Robert Stevens
Assistant City Attorney Title: Golf Instructor
RECOMMENDED FOR APPROVAL:
Executive Director of Parks,
Recreation and Community Services Agency
EXHIBIT A
SCOPE OF SERVICES
Scope of Services
1. DESCRIPTION OF USE
Robert W. Stevens ("User", "Robert W. Stevens") is an individual focused on developing and providing advanced golf performance training.
Robert W. Stevens may conduct the following activities at designated areas within permitted City of Santa Ana Facilities:
a. Small Group Golf Lessons, Camps and Programs
A structured golf program offering participants the opportunity to develop and refine golf skills through structured practices. Participants will receive coaching focused on technique, physical conditioning, and sportsmanship, while fostering personal growth, discipline, and goal-setting. b. Private Golf Lessons
bites in an vil provide ivers of emical profused in and comperie retires troust customized coaching.
2. FACILITIES
User is permitted to operate the programming outlined in this Agreement at the following City of Santa Ana Facilities ("Facilities"):
a. River View Golf Course
1800 W. Santa Clara Ave.
Santa Ana, CA 92706
User shall use the Facilities solely for the purposes outlined in this Agreement and for no other purpose without the City's prior written consent. User shall not access or use the Facilities unless a City-authorized representative or designee is present. Assigned days, times, and designated areas are subject to modification during the period of this Agreement if required for City programs, maintenance, special events, or other operational needs, as determined by the City or assigned designee in its sole discretion.
User shall comply with all applicable federal, state, and local laws, regulations, codes, and ordinances. User shall further comply with all directives issued by City of Santa Ana personnel or assigned designee, and applicable golf rules as may be promulgated from time to time by the City or assigned designee. User hereby acknowledges receipt of and agrees to comply with all current golf rules.
The City reserves the right to relocate, reschedule, or suspend User's use if the scheduled Facility becomes inoperable, unsafe, or otherwise unavailable due to maintenance, emergency conditions, or operational necessity, as determined by the City or assigned designee.
TERMS OF USE
For a period of one (1) year, commencing July 1, 2026 and terminating June 30, 2027 ("Term"), Putting for Eagle may conduct golf programming during dates, times, and locations assigned weekly by City's assigned designee managing day-to-day golf course operations.
Beginning July 1, 2026, User shall be provided with City-designated driving range stations at River View Golf Course during operating hours as assigned by City's assigned designee. Requests for space allocations shall be made to City's assigned designee prior to use. User shall be responsible for managing participant attendance and submit attendance reports to City's assigned designee monthly. The City and its' assigned designee reserve the right to require adjustments to the schedule, stafting, or facility use based on the anticipated attendance. User shall provide City's assigned designee with written notice 30 days in advance of all group lessons and golf camps.
All participants, shall execute the City of Santa Ana class waiver prior to facility entry. Participants under the age of eighteen (18) must have the waiver executed by a parent or legal guardian.
Executed waivers shall be collected by User, submitted to City's assigned designee, and remain valid and on file for the duration of the Term.
User shall be responsible for managing participant and spectator conduct. Spectators, including parents and guardians, shall remain in designated viewing areas and shall not be permitted unless authorized by City's assigned designee.
User shall not sell, distribute, or otherwise provide for compensation any food, beverages, concessions, merchandise, or promotional items at the Facilities without prior written approval from the City's assigned designee.
This prohibition shall include, but not be limited to, sales conducted by User's employees, agents, representatives, volunteers, participants, parents, or affiliated organizations. User shall not permit any third party to conduct sales, fundraising, or commercial activity at the Facilities in connection with User's programming without prior written approval from the City's assigned designee.
4. PERSONNEL
User shall provide qualified, certified golf coaches for all golf activities conducted at City of Santa Ana facilities. User shall be solely responsible for the supervision, conduct, and controi of its employees, agents, representatives, volunteers, and participants at all times.
User shall not permit any third party, independent contractor, parent, or participant to provide golf instruction or conduct golf programming at the Facilities without prior written approval trom the City. User shall not sublicense, assign, or otherwise permit third parties to utilize the Facilities for aquatic programming under this Agreement without prior written approval by the City.
User shall ensure that all employees, agents, and representatives who work with or are in proximity to minors have successfully completed background screening and any other required certifications in compliance with applicable federal, state, and local requirements. User represents and warrants that such personnel are legally eligible and suitable to work with minors.
User shall ensure that no User personnel engage in one-on-one supervision of a minor in locker rooms, restrooms, or other private areas at the Facilities. User shall maintain appropriate supervision of participants at all times in all areas of the Facility, including locker rooms, spectator areas, and pool deck spaces
Crog ahal be activities ex pr any he sten lase or angi ario vill meet to ge City.
City's assigned designee shall conduct facility opening and closing procedures, and maintain required maintenance levels and ensure compliance with applicable health and safety regulations.
The City reserves the right to immediately suspend golf activities due to weather conditions, air quality concerns, mechanical failure, contamination events, or any other condition deemed unsafe for continued use, as determined by the City in its sole discretion.
5. EQUIPMENT
User shall be solely responsible for providing and maintaining all golf lesson related equipment, including. Storage of User equipment at the Facilities may be requested in writing and shall be subject to prior written approval by the City's assigned designee. Approval, if granted, may be revoked at the City's discretion. Any equipment stored at City Facilities must be well-maintained and kept orderly.
User may display program-related signage at the Facilities only with the City's assigned designee prior written approval. All proposed banners shall be either jointly produced in coordination with the City in accordance with the City's style guide standards or submitted by User for review and approval prior to installation, User shall be solely responsible for all costs associated with the design, production, and installation of approved banners or signage.
Approved banners shall be limited to designated display areas as determined by the City's assigned established by the City's assigned designee. All banners and signage shall be installed and removed in a manner that does not damage City property. User shall be responsible for any damage resulting rom the installation, display, or removal of such materials. The City's assigned designee reserves the right to require the removal of any banner or signage at any time, in its sole discretion User shall promptly notify the City's assigned designee, of any building or facility issues, including damage, vandalism, or theft.
PAYMENT
The User shall pay a base fee of Five Hundred Dollars ($500.00) per month for the use of the Facility, for a total annual base fee of Six Thousand Dollars ($6,000) during the Tern. :
The City shall issue invoices for all assessed fees on a monthly basis (or other agreed billing cycle).
Late payments may be subject to penalties or interest as permitted by law.
NO EXCLUSIVE RIGHTS
Nothing in this Agreement shall be construed to grant User any exclusive rights to use the Facilities or any portion thereof. The City's assigned designee reserves the right to schedule, operate, and permit the use of the Facilities by other individuals, organizations, or programs at any time, including during the Term of this Agreement.
User acknowledges that its use of the Facilities is non-exclusive and subordinate to City programs, maintenance activities, special events, or other operational needs, as determined by the City in its sole discretion.
Nothing in this Agreement shall be interpreted to create any priority scheduling rights, continued use rights, or expectation of renewal beyond the Term stated herein.
EXHIBIT B
INSURANCE REQUIREMENTS
Insurance Requirements
User shall procure and maintain for the duration of the agreement, the following insurance coverages:
MINIMUM SCOPE AND LIMIT OF INSURANCE
User shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations; property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and Sexual Abuse or Molestation Liability (SAML): If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, User shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit of no less than $1,000,000 per occurrence or claim.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event User does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.
• Workers' Compensation (WC): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or discase. This requirement can be waived if User bas no employees.
User attests that its workers' compensation coverage extends to all persons who will be working with the City under the agreed scope of services.
If User maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by User.
Any available insurance procecds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL, SAML and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the User including materials, parts, equipment, and personnel furnished in connection with such work or operations.
CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by User for City.
,
3. All required insurance policies: For any claims related to this contract, User's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that User's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability,
5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.
Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Parks, Recreations, and Community Services Agency, 20 Civic Center Plaza M- 23, Santa Ana, CA 92701. The name and the location of event should be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require User to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
User shall furnish City with original Certificates' of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive User's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) coverage for a minimum of three (3) years after completion of work.
Subcontractors
User shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and User shall ensure that City is an additional insured on insurance required from sub-contractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.