1 FACILTY USE AGREEMENT BETWEEN
THE CITY OF VISALIA (CITY) AND
VISALIA YOUTH SOFTBALL ASSOCIATION (VYSA)
Riverway Sports Park Softball Complex
THIS LEASE AGREEMENT made and entered into as of the ___ of __________ 2023, by and between the CITY OF VISALIA, a Municipal Corporation, hereinafter referred to as “CITY” and VISALIA YOUTH SOFTBALL ASSOCIATION, hereinafter referred to as “VYSA”;
WITNESSETH:
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 with VYSA, for 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 for regular games.
1. TERM
The term of this LEASE AGREEMENT is one (1) year, with four (4) one -year extensions, commencing on January 1, 2023 and ending on December 31, 2023.
2. FEES AND CHARGES
VYSA shall pay CITY for regular game use during the contracted dates listed in Section 3 a field rental fee equal to 25% of the hourly rate listed in the City’s Fees and Charges Schedule. Field light use s hall be charged at the full fee listed in th e City’ s Fees and Charges Schedule .
Concession stand usage for sales/operations shall be charged $10/hour for operational use, up to the full per day fee listed in the City’s Fees and Charges Schedule . The City’s Fees and Charges Schedule are set annually and are approved by City Council in June for the next fiscal year , July 1 – June 30. As rates are adjusted, so shall VY SA’s field rental rate , field light use rate , an d concession stand rate.
All uses outside of the contract period shall be billed at the current rate list of the City’s Fees and Charges Schedule.
The City shall invoice VYSA at the e nd of each month of use for all fees as described above.
Payment is due within thirty (30) days of invoice. All payments no t received by th e due date shall be subject to a two percent (2%) late fee penalty of the amount due.
In addition to the above facility use fees, and in ex change for the reduced facility use rates, VYSA shall provide improvements to the softball fi elds, concession stand, or general park area on an annual basis in the amount no less than $2,000 per year . Said impro vements shall be completed in accordance with Section 20 of FACILITY USE AGREEMENT.
3. USE
The CITY adopted a Facility Use Policy in December 18, 2012. The policy is used to determine use for recreational facilities, see Attachment B. Pursuant to this FACILIT Y USE
2 AGREEMENT and in accordance with the City ’s Parks and Recreation Facility Use Po licy, section IV Eligibility VYSA shall have Priority 1 level 2 right of use after City acti vities and programs of the Riverway Spo rts Park Softball Complex; including fields and concession st and for the dates listed below for the contract period.
Section IV Eligibility states “facility use shall be granted based on the following priority:
Priority 1:
1. City activities and programs.
2. Facility use agreements (organizations having special status assigned by City Council action as a result of having historical use of facilities).
Annually VYSA shall submit a request in writing by January 1st expressing their intent to extend contract for additional year. Upon mutual agreement of the CITY, the Facility Use Agreement may be extended for any additional on e-year term remaining within the agreement term listed in Section 1.
Prior to each season VYSA shall submit a request for league start and end dates, time blocks per field use in accordance with t he City’s Parks and Re creation Facility Use Policy Section III Facility Requ est Use Deadlines , requests must be in writing . Ten b usiness days prior to each season’s start date VY SA shall submit in writin g a finalize d comprehensive game schedule .
Concession stand use must al so be in writing with start and end t ime block s for hours of operation (when open for sales) . VYSA may only request the amou nt of field space to accommodate regular season play games.
VYSA acknowledges that any time and/or field not being utilized by VYSA shall be allocated by the CITY to another facility user, provided th at said use does not con flict with VYSA’s use of premises.
Spring season game use shall be from the third Saturday of February until the first Saturday of June. Spring priority right of use will be on Mondays and Thursdays from 3:00 p.m. until 10:00 p.m. and Saturdays and Sundays, from 7:00 a.m. until 10:00 p.m.
Fall season games shall be fro m the third Saturday of September until the second Saturday of November. 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 . VYSA must submit i n writing no less than three months advance notice through the City’s application process , CITY maintains the authorization to d eny 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 thi s FACILITY US E AGREEMENT, exclusivel y in connection with the operation of VYSA’s recreational league for game play.
VYSA acknowledges that there will n ot be any “gate” or admission charge for regular seas on
3 play or any charges for parking. CITY acknowledges and permit s, without revocation, the right for VYSA to charge “gate” or admission to the facility for the purpose of post season tournament play only. VYSA acknowledges that if they do charge “gate” or admission charge the will be required to pay the full hourly rate listed in the City’s Fees and Charges Schedule.
VYSA agrees to use th e premises and property whic h are the subj ect of t his FACILITY USE AGREEMENT, exclusively in connection with the o peration of the Visalia Youth Softball Association and its related activities.
VYSA agrees to contact the CITY , no later than three -business da ys in advance, to request authorization to access the facility for any off-season or non-scheduled usage, including accessing onsite storage unit s or concessions. The CITY reserves the right to deny access to the facility if facility is being utilized b y other groups/programs. If access is d enied the CITY will assist in developing an appropriate schedule for VYSA’s access.
The CITY reserves the right to cancel any sche duled use by VYSA in the case of inclement weather before or d uring a scheduled event that may impact the facili ty. The City ha s a vested interest in protecting the park turf from d amage 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 City’s Director of Parks & Recreation or their designee.
4. CONCESSION STAND
VYSA is exclusively responsibl e for the operat ion of the co ncession stand and for the direction and control of a ll volunteers and/or employees employed in such concessi on operations during VYSA’s designated and ag reed upon times t o operate at the fa cility. VYSA acknowledges that other entities will be utilizing sa id facili ty during times not designated to VYSA, and that accommodations have been arranged for so that inven tory items can be stored and loc ked during unused times.
CITY shall be responsible for ensuring facility is clean and ready for use prior to the start of season.
VYSA shall ensure that the concession stand is left clean and in good repair after each use. In the operation of said concession stand, VYSA shall comply with and provide copies of all applicable permits and requirements set forth by the T ulare County Health and Human Services Agency.
The CITY shall not be responsible for damage and/or theft of personal property of VYSA.
At the conclusion of each season, VYSA shall be responsible for returning the facility to the state it was in prior to their usag e. VYSA shall remove all personal pr operty no later than one week from the conclusion of reg ular s eason play , including the removal of all pe rishable f ood, appliances emp tied and cleaned, clos ets emptied and cleaned , flo ors an d walls cl eaned. All appliances owned by VYSA are to be removed from t he concessions concluding regular season play.
4 If personal property is not removed as required her ein, the C ITY will remov e the item s an d invoice VYSA the direct cost including staff time associated with removing their items.
5. ADDITIONAL SERVICES
Due to the size and nature of VYSA’s 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 a ttendance. If additional services are needed or re quested solely for VYSA’s 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. a. Refuse:
i. CITY shall be responsible to dump the trash cans and blow the common areas one (1) time every morning of scheduled use.
ii.VYSA shall be responsible to provide addi tional a ppropriate refuse and/or recycl e containers to accommodate trash generated by its participants. iii.VYSA shall be responsible to collect a ny trash/litter and dump the trashcans throughout the softb all complex, including spectator areas, bleachers, d ugouts, restrooms, playing fields, through out the ir scheduled use of the f acilities and a final dumping of all trash at the end of each day of use. b. Restroom service:
i.CITY s hall b e res ponsible for rou tine an d ordin ary cleaning and stocking the restrooms for each day of scheduled use; one (1) time daily. ii.VYSA shall be responsible to provide additional appropriate cleaning and stocking of the restroom throughout their scheduled use of the f acilities with at least a final cleaning at the end of each day of use.
If VYSA fails to collect any trash/litter and dump the trashcans or clean and stock the restrooms at the end of each day of use, the CITY will re nder these services and invoice VYSA the direct cost including staff time associated and a penalty fee of $100 per occurrence.
6. INSTALLATION OF SIGNS AND/OR BANNERS
During the term of th is AGREE MENT, VYS A shall ha ve the fo llowing r ights in regar d to installation and removal of signs and/o r banners: No signage shall be allowed to be d isplayed facing the Sports Park , Giddings S t. or Shannon Parkway . Signs and/or banners must be appropriately sized and may be placed upon homerun fences and along the main pathway leading into the complex. Banners must face the interior of the premises only. Banners may be displayed during each season of use on fields one and two , banners may be inst alled one week prior to game commencement and one wee k after last day of regular season games. Banners must be in good condition and hanging position.
Any si gn an d/or banner installed, ope rated, and maintained by VYSA will be VYSA’s to tal financial responsibility. VYSA shall obtain any and all necessary permits from the City Planning Division in c ompliance with the City of Vi salia Munici pal Code C hapter 17.84 s ections
17.48.010 et seq.
5 7. FACILITY MAINTENANCE
VYSA shall assu me responsibi lity for all ma intenance, damage, repair, and upke ep of the aforementioned premises during VYSA use, excepting CITY’s maintenance and upkeep as set forth in Section 8. VYSA agrees to immediately notify CITY (within 24 hours) of any da mage to the premises i ncluding such i tems as the concession stand or re stroom, fixtures, e quipment, grounds, landscaping, sp rinklers and irrigation, so that C ITY m ay determine whose responsibility it is to repair o r rep lace and d etermine the manner in whic h the rep air or replacement is to be completed. Furthermore, CITY shall have sole discreti on in determining whether the damage or destruction mentioned above resulted from or in connection with VYSA.
Throughout the AGREEMENT term, VYSA shall agree t o mainta in its personal proper ty (portable equipment, storage units, et c.) in a ma nner agreeable to CITY. VYSA shall be responsible for picking up and disposing of trash and litter after each use as set forth in section 5.
VYSA shall also be responsible fo r any repair or maintenance resulting from vandalism and/or graffiti du ring the softball season on equipment or structures that are owned by VYSA. Said graffiti removal shall be completed in accordance with the current Ordin ance governing graffiti removal in the City of Visalia.
VYSA shall assume responsibility for p reparation of pl aying fields (field lines, bases, dragging infields, etc.) prior to games . At the end of each day of use VYSA shall be resp onsible to f ill holes, tamper batter/catcher box, rake/screen drag infield, and replace base plugs.
8. GROUNDS MAINTENANCE
CITY shall be respons ible for re gular grounds maintenance, including m aintenance o f the irrigation system, regular mowing of the outfields and fertilizing, sp raying for weeds, and gopher/rodent control, throughout the calendar year. CITY shall install and maintain the portable homerun fencing during the regular game season. CITY sha ll also b e responsible for m ajor structural repairs and/or capital improvements t o the pre mises which are the subject of this FACILITY US E AGREEMENT. CITY shall have the sole discr etion of determining what constitutes major structural and/ or capital improvements. CITY further agrees to be resp onsible for the damage and/or repairs caused b y organizations, groups and/or special events held o n the premises and scheduled by the City of Visalia.
VYSA shall assume responsibility for p reparation of pl aying fields (field lines, bases, dragging infields, etc.) prior to games . At the end of each d ay of use VYSA shall be respon sible to f ill holes, tamper batter/catcher box, rake/screen drag infield, and replace base plugs.
During post season us e, if VYSA re quests use and is allocated fields for post season tournaments, VYSA may have the opt ion to install and maintain the homerun fence or pay the City a fee for staff to install fence.
9. FACILTY INSPECTIONS AND EXPECTIONS
CITY and VYSA representativ es shall inspect the f acility and grounds prior to the commencement of each season , during each mont h of the season, and following the conclusion of each season. CITY will utilize the Inspection Sheet (A ttachment C), as it may be am ended from time to time, to document the status of the facility during each inspection.
6 CITY shall be responsible for ensuring facility is clean and ready for use prior to the start of season. At the conclusion of each season, VYSA shall be responsible for returning the facility to the state it was in prior to their usage.
10. STORAGE:
VYSA shall be allowed to maintain two (2) storage/maintenance containers (sea train) subject to CITY approval in an area designated by CITY for such use. Container may not to exceed 20’x 8’ and must com ply with CITY standards as to s ize, location, maintenance/condition, and color of such storage container(s).
VYSA shall keep containers clean and well mai ntained. Containers shall not display advertising for any business (other than the manufacturer of the container). VYSA shall monitor , inspect, and remove any graffiti and make repairs as need ed within ten days. No chemicals or flammable materials of any k ind ar e to be stored within th e containers. Storage of approved fi eld/turf marking paint will be allowed.
VYSA must obtain and retai n proper insurance for st orage containers and their contents for the duration of the FACILITY USE AGREEMENT set forth in Section 15. VYSA shall submit an inventory list at the beginning of each season of the items stored in the containers.
The CITY is not responsible for damage and /or theft to VYSA property whil e stored a t the facility.
11. PARKING / USE OF MOTORIZED VEHICLES
Vehicles 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 C ITY. RV parking shall be restricted to the north overflow lot on Riverway Drive.
Overnight camping is not allowed.
The use of motorized u tility vehicles including but limited to golf carts, GEM cars, and Gator vehicles is restricted to licensed drivers and use of vehicles must be in conjuncti on with program functions and/or duties.
12. OUTSIDE VENDORS
Only VYSA is permitted to provide good s and/or services under t he agreement. If VYSA desires to have a n ou tside vendor provide food, entertainment, goods or other services, such vendor must be pre-approved in writing b y the City of Visalia. VYSA shall submit in writing a request for the outside vendor no l ess than te n (10) busines s d ays prior to the desired date of vendor rendering service. Only vendors with a valid City of Visalia Business Tax Certificate and other pe rmits as r equired by T ulare Cou nty an d/or the State of California w ill be cons idered.
Authorized vendors must pro vide the City o f Visalia with a certificate of insurance naming the City of Visalia as additionally ensured for the date(s) and time(s) of service.
13. SECURITY
VYSA shall provide security and supervision at all scheduled activities, including crowd control,
7 at a level satisfactory to CITY, sufficient to ensure adequate protection of the premises which are the subje ct of this FACILITY USE AGREEMENT. Thi s shall incl ude the p resence of VYSA Board Members while games are in progress.
The CITY shall assign VYSA keys to the facility prior to th e start of each season. VYSA shall return all facility keys to CITY no later tha n two weeks after the con clusion of each regular season. VYSA agrees not to duplicate any keys. Refer to Section 3 regar ding facility a ccess during off-season.
VYSA acknowledges that additiona l security me asures, such a s but not limited to , video recording cameras cannot be installed or placed within the premises without CITY authorization.
The CITY reserves to right to deny any request.
14. ASSIGNMENT
VYSA shall not as sign, mortgage, sublet or otherwise transf er any interest in this FACILITY USE AGREEMENT to any per son, fi rm, organization or corporation du ring the ter m of this FACILITY USE AGREEMENT or any ext ension thereof without th e written consent of CITY first had and obtained.
15. INDEMNIFICATION:
VYSA hereby agrees to and shall defend, protect, indemnify, and hold harmless the CITY and all officers, agents, r epresentatives, and employees thereof from any and all liability, cl aims, or damages of whatsoever kind or character, including attorneys fees and costs of all types incurred in defense of any of the sai d parties from said claims or l iability, because of o r arising out of, directly or indirectly, t he acts or omissions of VYSA, VYSA’S indepen dent contractor s, employees, representatives, agents, and i nvitees, and the pa ssive or ac tive negl igent acts or omissions o f the CITY or its office rs, a gents, representatives, an d empl oyees while acting within the scope of their duties regarding work to be performed pursuant to this AGREEMENT.
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.
16. VOLUNTEERS/EMPLOYEES
VYSA shall be responsible for conduct ing criminal background checks on all volunteers, including but not limited to, coaches, umpires, and others who will be in a position to supervise youth under 18 y ears of ag e or vulnerable a dults. VYSA agrees that failure of an individual to submit to a required criminal background check will result in prohibiting said individual from coaching and/or supervising children or vulnerable adults. VYSA agrees to make eve ry effort in keeping with California Penal Code Sec tion 11105.3, and that the organization will not utilize the services of anyone with convictions or any arrest pending adjudication involving the offenses specified in California Welfare and Institution Code subdivision (a) of Section 15660.
17. INSURANCE REQUIREMENTS:
It is further understood and a greed that VYSA shall secure and maintain during the term of t his FACILITY USE AGREEMENT, an d any renewal thereof, a po licy of c ommercial general
8 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 lim its of not less than $1,000,000.00, insuring again st all liability of VYSA and its authorized representatives aris ing o ut of and in connection with VYSA’s use or occupancy of the premises. All general lia bility insurance and property damage insurance shall insure performance by VYSA of the indemnity provi sions of item 15. CITY shal l be name d as additional insureds, the pol icy shall contain cross liab ility endorsements, 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 po licy. Such policy, or a certificate of the policy, together with evid ence of payment of pre miums, shall be delivered to CITY a t the commencement of the term, and on renewal of th e policy not less th an 30 days before expiration o f the term of the policy. VYSA, at its own cost, shall be respon sible for 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 shall purchase 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 VYSA’s sole cost and expen se, keep or cause to be kep t in f orce workers’ compensation i nsurance w ith statutory limits and employer’s liability insurance with limits of not less than $1,000,000.00 per accident.
18. CODE OF CONDUCT
VYSA shall create an d maintain a Code of Conduct and require participants, coa ches, an d parents to complete and comply with said Code of C onduct. VYSA’s Code of Conduct shall reinforce compliance to all City ordinances, Park rules, and all General Rules and Regulations as set forth in the City of Visalia Parks and Recreation Facility Use Policy Section VII (Attachment B).
19. ANNUAL REPORTS
VYSA agrees to provide annual re ports, to include league r egistration number s, participant names and address of resi dency information, financial statements, proof of non-profit status, and other reports as requested by the CITY.
20. IMPROVEMENTS
As set forth in Section 2, VYSA shall have the opportunity to make improvements to th e premises and property which is subj ect of this FACILITY USE AGREEMENT , provided that VYSA obtains prior written approval from the CITY before any such improvements. Upon the expiration of this FACILITY USE AGREEMEN T, an d any ext ension thereof, all such improvements shall automatically revert to CITY’s ownership. Should the CITY elect to require VYSA to remove said imp rovements, VYSA shall do so a nd return the p roperty to i ts original condition, allowing for reasonable and normal wear.
21. DISCRIMINATION
VYSA for itself, its personal representati ves, successors in interest, and assigns, as a part of the consideration h ereof, does hereb y covenant and agree that no perso n on the gr ounds of race, color, sex, handicap , or national origin shall be excluded from particip ation in, denied the
9 benefits of, or be otherwise subjected to discrimination in the use of said premises.
22. TERMINATION
In addition to any other provi sion in this FACILITY USE AGREEMENT , this AGREEMENT may be canceled or terminated upon the following:
A. This AGREEMENT and the tenancy hereby granted may be terminated or cance led at any time by either party hereto by giving to the other party not less than sixty (60) days written notice.
B. This AGREEMEN T sha ll termin ate automatically if either party here to 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 t he period for correction shall be extended for such length of time as is r easonably necessary to complete such correction.
C. VYSA agrees at the end of the LEASE term or in the event of an early terminati on, as provided for herein, to quit and deliver up s aid premises in as good condition as they are now, ordinary wear and tear excepted.
23. QUIET ENJOYMENT
CITY 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 t his AGREEMENT and any extension ther eof except as otherwise prov ided hereupon the termination of this AGREEMENT or any extension thereof.
24. AMENDMENT
This AGREEMENT may be amended at any time by mutual agreement of the parties in writing.
25. NOTICE
All notices to be given by VYSA pursuant to this AGREEMENT shall be m ailed 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 ma iled 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 coordi nate the use o f fields, maintenance concerns and oth er communications.
This representative or a designee in his /her absence will be the only authorized agent of VYSA to coordinate use throughout each season.
26. ENTIRE AGREEMENT
This 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 pa rty. Each party has r elied on his/her own examinat ion of this AGREEMENT, counsel of its own advisors, and warranties, or representations, or covenants in the AGREEMENT itself. The failure or refus al o f eit her party to inspect t he premise s or improvements, to read the AGREEMENT or other documents, or to ob tain legal or other advise relevant to this tra nsaction constitutes a waiver of any o bjection, contention, or claim th at might have been based on such reading, inspection, or advise.
10 IN -WITNESS WHEREOF, the parties have executed this LEASE AGREEMENT as of the date first above written.
VISALIA YOUTH SOFTBALL ASSOCIATION CITY OF VISALIA
VYSA Board President Date Leslie Caviglia, City Manager Date
Risk Management Date
APPROVED AS TO FORM:
City Attorney Date