Visalia City Council
February 22, 2022

1 FACILTY USE AGREEMENT BETWEENTHE CITY OF VISALIA (CITY) ANDVISALIA YOUTH SOFTBALL ASSOCIATION (VYSA)Riverway Sports Park Softball ComplexTHIS LEASE AGREEMENT made and entered into as of the ___ of __________ 2022, by and between the CITY OF VISALIA, a Municipal Corporation, hereinafter referred to asand VISALIA YOUTH SOFTBALL ASSOCIATIONVYSAWITNESSETH:For and in consideration of the covenants and agreements hereinafter contained on the part of VYSA to be kept and performed, and in consideration of the usage costs to be paid to CITY as hereinafter set forth, CITY hereby agrees to enter into a FACILITY USE AGREEMENT withVYSA, for priority use of Riverway Sports Park, including the use of four (4) softball fields and the shared use of the concession stand and restroom facilities as identified in Attachment A, for specified dates and times listed within agreement.1. TERMThe term of this LEASE AGREEMENT is 1 year, commencing on January 1, 2022 and ending on December 31, 2022. 2. FEES AND CHARGESVYSA shall pay CITY a field rental fee equal to 25% of the Council Approved hourly rate, listed in the Citys Fees and Charges Schedule, for field use during the contracted dates. Field light use shall be charged at the Council approved hourly rate listed in ths Fees and Charges Schedule. As rates are adjusted, so shall VYSAs field rental rate and field light use rate. All uses outside of the contract period shall be billed at the current rate list of the CiSchedule. The Citys Fees and Charges Schedule is set annually in June for the next fiscal year, July 1 June 30.For Spring 2022, field rental use will be $4.00 per hour per softball field used. Field light use for Spring 2022 will be $15.00 per hour per field. Fall 2022 field rental rate and field light use ratewill be determined by the rates and fees listed in the Fiscal Year 2022-2023 Citys Fees and Charges. Concession stand usage for sales/operations shall be charged $10/hour for operational use, up to $100 per day.The City shall invoice VYSA at the end of each month of use for all fees as described above. Payment is due within thirty (30) days of invoice. All payments not received by the due date shall be subject to a two percent (2%) late fee penalty of the amount due.3. USEThe CITY adopted a Priority Use Policy in December 18, 2012. The policy is used to determine use for recreational facilities, see Attachment B. Pursuant to this FACILITY USE 2 AGREEMENT, VYSA shall have priority right of use of the Riverway Sports Park Softball Complex; including fields and concession stand for the dates listed below for the contract period. For both seasons VYSA shall submit a request for field use 30 days prior to season start date in Requests must be in writing, listing each date of use, along with start and end time blocks per field. Concession stand use must also be in writing with start and end time blocks for hours of operation (when open for sales). VYSA may only request the amount of field space to accommodate regular season play games. Any time and/or field not being utilized by VYSA shall be allocated by the CITY to another facility user, provided that said use does not confSpring season for 2022 VYSA shall be from February 21stuntil the June 5th. Spring priority rightof use will be on Tuesdays, and Thursdays from 3:00 p.m. until 10:00 p.m. and Saturdays andSundays, from 7:00 a.m. until 10:00 p.m.Fall season for 2022 VYSA shall be from September 19thuntil November 14th. Fall priority right of use will be Mondays 3 p.m.10 p.m. and Sundays 7 a.m. 10 p.m.CITY agrees that VYSA shall have exclusive use of the premises for two weekends per year for tournament play, provided that VYSA gives no less than three-month advance written noticethrough the Community Services application process, CITY maintains the authorization to deny request if requested dates impede on another event or use of the facility.CITY shall have the right of access to the premises at all times. VYSA agrees to use the premises and property which are the subject of this FACILITY USE AGREEMENT, exclusively in connection with the operation of VYational league for game play.VYSA acknowledges that there will not be anyion charge for regular season play or any charges for parking. CITY acknowledges and permits, without revocation, the right for VYSAdmission to the facility for the purpose of post season tournament play only. VYSA agrees to use the premises and property which are the subject of this FACILITY USEAGREEMENT, exclusively in connection with the operation of the Visalia Youth Softball Association and its related activities. The CITY reserves the right to cancel any scheduled use by VYSA in the case of excessive rain before or during a scheduled event. The City has a vested interest in protecting the park turf from damage and protecting the public interest by preventing any potential injuries related to excessive moisture on the park grounds. Representatives from the CITY and VYSA may meet prior to an event, if feasible, to assess the conditions of the park and determine what can be done to protect the turf and/or public interest. The final decision to cancel an event will be determined by the CCommunity Services or his/her designee.4. CONCESSION STANDVYSA is exclusively responsible for the operation of the concession stand and for the direction and control of all volunteers and/or employees employed in such concession operations during 3 gnated and agreed upon times to operate at the facility. VYSA acknowledges that other entities will be utilizing said facility during times not designated to VYSA, and that accommodations have been arranged for so that inventory items can be stored and locked during unused times. Both VYSA and CITY shall ensure that the concession stand is left clean and ingood repair after each use. In the operation of said concession stand, VYSA shall comply with all applicable permits and requirements set forth by the Tulare County Health and Human Services Agency. The CITY shall not be responsible for damage and/or theft of personal property of VYSA. VYSA shall remove all personal property no later than one week from the conclusion of regular season play.5. ADDITIONAL SERVICESDue to the size and nature of VYSAs program, additional services, above and beyond normal operational services provided by the City, are required. a. Portable restrooms VYSA shall provide additional portable restrooms for Opening Day, Tournaments and other days of projected heavy attendance. b. If additional services are needed or requested solely for VYSAs use, VYSA shall pay the CITY for the cost incurred for additional services. Such costs shall be invoiced each month. Payment for additional services is due within thirty (30) days of receipt.Spring season:a. Refuse CITY shall be responsible to dump the trash cans and blow the common areas one (1) time every morning of scheduled use. VYSA shall be responsible to provide additional appropriate refuse and/or recycle containers to accommodate trash generated by its participants. VYSA shall be responsible to collect any trash/litter and dump the trashcans throughout the softball complex, including spectator areas, bleachers, dugouts, restrooms, playing fields, throughout their scheduled use of the facilities and a final dumping of all trash at the end of each day of use. b. Restroom service CITY shall be responsible for routine and ordinary cleaning and stocking the restrooms for each day of scheduled use; one (1) time daily. VYSA shall be responsible to provide additional appropriate cleaning and stocking of the restroom throughout their scheduled use of the facilities. Fall season:a. Refuse CITY shall be responsible to dump the trash cans and blow the common areas one (1) time every morning Tuesday through Friday. VYSA shall be responsible to provide appropriate refuse and/or recycle containers to accommodate trash generated by its participants. VYSA shall be responsible to collect any trash/litter and dump the trashcans throughout the softball complex, including spectator areas, bleachers, dugouts, restrooms, playing fields, throughout their scheduled use of the facilities and a final dumping of all trash at the end of each day of use. b. Restroom service CITY shall be responsible for routine and ordinary cleaning and stocking the restrooms one (1) time every morning Tuesday through Friday. VYSA shall be responsible to provide additional appropriate cleaning and stocking of the restroom throughout their scheduled use of the facilities. 4 6. INSTALLATION OF SIGNS AND/OR BANNERSDuring the term of this AGREEMENT, VYSA shall have the following rights in regard to installation and removal of signs and/or banners: No signage shall be allowed to be displayed facing the Sports Park, Giddings St. or Shannon Parkway. Signs and/or banners must be no larger than 4 feet in height by 8 feet in width in size and may only be placed upon homerun fences and must face the interior of the premises only. Banners may be displayed seasonally,banners may be installed one week prior to game commencement and one week after last day of regular season games.Any sign and/or banner installed, operated and maintained by VYSA will be VYSAfinancial responsibility. VYSA shall obtain any and all necessary permits from the City Planning Division in compliance with the City of Visalia Municipal Code Chapter 17.84 sections 17.48.010 et seq.7. FACILITY MAINTENANCEVYSA shall assume responsibility for all maintenance, damage, repair and upkeep of the aforementioned premises during VYSA use, ed upkeep as set forth in section 9. VYSA agrees to immediately notify CITY (within 24 hours) of any damage to the premises including such items as the concession stand or restroom, fixtures, equipment, grounds, landscaping, sprinklers and irrigation, so that CITY may determine whose responsibility it is to repair or replace and determine the manner in which the repair or replacement is to be completed. Furthermore, CITY shall have sole discretion in determining whether the damage or destruction mentioned above resulted from or in connection with VYSA.VYSA shall assume responsibility for preparation of playing fields (field lines, bases, dragging infields, etc.) prior to games. Throughout the AGREEMENT term, VYSA shall agree to maintain its personal property (portable equipment, storage units, etc.) in a manner agreeable to CITY. VYSA shall be responsible for picking up and disposing of trash and litter after each useas set forth in section 5. VYSA shall also be responsible for any repair or maintenance resulting from vandalism and/or graffiti during the softball season on equipment or structures that are owned by VYSA. Said graffiti removal shall be completed in accordance with the current Ordinance governing graffiti removal in the City of Visalia.8. GROUNDS MAINTENANCECITY shall be responsible for regular grounds maintenance, including maintenance of the irrigation system, regular (once per week) mowing of the outfields and fertilizing, spraying for weeds, and gopher/rodent control, throughout the calendar year. CITY shall also be responsible for major structural repairs and/or capital improvements to the premises which are the subject of this LEASE AGREEMENT. CITY shall have the sole discretion of determining what constitutes major structural and/or capital improvements. CITY further agrees to be responsible for the damages and/or repairs caused by organizations, groups and/or special events held on the premises and scheduled by the City of Visalia.9. STORAGE:VYSA shall be allowed to maintain storage/maintenance two (2) container (sea train) subject to 5 CITY approval in an area designated by CITY for such use. Container may not to exceed 20and must comply with CITY standards as to size, location, maintenance/condition, and color of such storage container(s). The CITY is not responsible for damage and/or theft to VYSAproperty while stored at the facility.10. PARKING / USE OF MOTORIZED VEHICLESVehicles must be parked in designated parking areas. VYSA may not charge for parking without written consent from the CITY. VYSA may not reserve parking spots without written consent from CITY. RV parking shall be restricted to the north overflow lot on Riverway Drive. Overnight camping is not allowed. The use of motorized utility vehicles including but limited to golf carts, GEM cars, and Gatorvehicles is restricted to licensed drivers and use of vehicles must be in conjunction with program functions and/or duties.11. OUTSIDE VENDORSOnly VYSA is permitted to provide goods and/or services under the agreement. If VYSAdesires to have an outside vendor provide food, entertainment, goods or other services, such vendor must be pre-approved in writing by the City of Visalia. Only vendors with a valid City of Visalia Business Tax Certificate and other permits as required by Tulare County and/or the State of California will be considered. Authorized vendors must provide the City of Visalia with a certificate of insurance naming the City of Visalia as additionally ensured for the date(s) and time(s) of service.12. SECURITYVYSA shall provide security and supervision at all scheduled activities, including crowd control, at a level satisfactory to CITY, sufficient to ensure adequate protection of the premises which are the subject of this FACILITY USE AGREEMENT. This shall include the presence of VYSABoard Members while games are in progress. 13. ASSIGNMENTVYSA shall not assign, mortgage, sublet or otherwise transfer any interest in this FACILITY USE AGREEMENT to any person, firm, organization or corporation during the term of thisFACILITY USE AGREEMENT or any extension thereof without the written consent of CITY first had and obtained.14. INDEMNIFICATION:VYSA hereby agrees to and shall defend, protect, indemnify, and hold harmless the CITY and all officers, agents, representatives, and employees thereof from any and all liability, claims, or damages of whatsoever kind or character, including attorneys fees and costs of all types incurred in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of VYSA, VYSAdent contractors, employees, representatives, agents, and invitees, and the passive or active negligent acts or omissions of the CITY or its officers, agents, representatives, and employees while acting within the scope of their duties regarding work to be performed pursuant to this AGREEMENT. 6 Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims, or liability. This FACILITY USE AGREEMENT shall be binding upon VYSA whether or not there are any allegations of fault negligence or liability of the indemnities hereunder.15. INSURANCE REQUIREMENTS:It is further understood and agreed that VYSA shall secure and maintain during the term of this FACILITY USE AGREEMENT, and any renewal thereof, a policy of commercial general liability and property damage insurance, naming the CITY as co-insured, with a single combined liability limit of $2,000,000.00, and property damage limits of not less than $1,000,000.00, insuring against all liability of VYSA and its authorized representatives arising out of and in connection with VYSAe or occupancy of the premises. All general liability insurance and property damage insurance shall insure performance by VYSA of the indemnity provisions of item 15. CITY shall be named as additional insureds, the policy shall contain cross liabilityendorsements, and an endorsement requiring 30 days written notice from the insurance company to all parties before cancellation or change in the coverage, scope or amount of any policy. Such policy, or a certificate of the policy, together with evidence of payment of premiums, shall bedelivered to CITY at the commencement of the term, and on renewal of the policy not less than 30 days before expiration of the term of the policy. VYSA, at its own cost, shall be responsiblefor maintaining a policy of insurance covering its personal property located on the premises.In addition to the above general liability insurance, throughout the lease term, VYSA shallpurchase tournament and clinic insurance with limits of not less than $2,000,000 general liability and $250,000 personal injury for each scheduled tournament and/or clinic. Also throughout the AGREEMENT term, at any time VYSA employs any person(s), VYSA shall, at VYSAcost and expense, keep or cause to be kept in fnsurance withstatutory limits and employith limits of not less than $1,000,000.00 per accident.16. DISCRIMINATIONVYSA for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, sex, handicap, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said premises.17. TERMINATIONIn addition to any other provision in this FACILITY USE AGREEMENT, this AGREEMENTmay be canceled or terminated upon the following:A. This AGREEMENT and the tenancy hereby granted may be terminated or canceled at any time by either party hereto by giving to the other party not less than sixty (60) days written notice.B. This AGREEMENT shall terminate automatically if either party hereto fails to remedy any breach or any term or condition of this AGREEMENT within thirty (30) days after receiving written demand from the other party to do so. If however, either party is diligently proceeding in good faith to eliminate such default, then the period 7 for correction shall be extended for such length of time as is reasonably necessary to complete such correction.C. VYSA agrees at the end of the LEASE term or in the event of an early termination, as provided for herein, to quit and deliver up said premises in as good condition as they are now, ordinary wear and tear excepted.18. QUIET ENJOYMENTCITY does hereby covenant and agree that upon the performance of all covenants by VYSA as herein provided, VYSA shall peaceably and quietly hold and enjoy said premises during the term of this AGREEMENT and any extension thereof except as otherwise provided hereupon the termination of this AGREEMENT or any extension thereof.19. AMENDMENTThis AGREEMENT may be amended at any time by mutual agreement of the parties in writing.20. NOTICEAll notices to be given by VYSA pursuant to this AGREEMENT shall be mailed to City of Visalia, Community Services Department, 345 North Jacob Street, Visalia California 93291; and all notices to be given to VYSA pursuant to this LEASE AGREEMENT shall be mailed to VYSA c/o VYSA President. (mailing address) __________ _____________________________For the purpose of this AGREEMENT, VYSA shall designate one point of contact with which the CITY shall coordinate the use of fields, maintenance concerns and other communications. This representative or a designee in his/her absence will be the only authorized agent of VYSA to coordinate use throughout each season.21. ENTIRE AGREEMENTThis FACILITY USE AGREEMENT contains the entire AGREEMENT between the parties. No promise, representation, warranty, or covenant not included in this AGREEMENT has been or is relied on by either party. Each party has relied on his/her own examination of this AGREEMENT, counsel of its own advisors, and warranties, or representations, or covenants in the AGREEMENT itself. The failure or refusal of either party to inspect the premises or improvements, to read the AGREEMENT or other documents, or to obtain legal or other advise relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advise.IN -WITNESSWHEREOF, the parties have executed this LEASE AGREEMENT as of the date first above written.VISALIA YOUTH SOFTBALL ASSOCIATION CITY OF VISALIAVYSA Board President Date Leslie Caviglia, City Manager Date 8 Risk Management DateAPPROVED AS TO FORM:City Attorney Date