1 FACILTY USE AGREEMENT BETWEEN
THE CITY OF VISALIA (CITY) AND
KAWEAH LITTLE LEAGUE SOFTBALL
D.B.A SEQUOIA SOFTBALL (SEQUOIA)
Riverway Sports Park Softball Complex
THIS LEASE AGREEMENT made and entered into as of the of __________ 2023, by and between t he CITY OF VISALIA, a Municipal Corporation, hereinafter referred to as “CITY” and KAWEAH LITTLE LEAGUE SOFTBALL D.B.A SEQ UOIA SOFTBALL , hereinafter referred to as “SEQUOIA”;
WITNESSETH:
For and in consideration of the covenants and agreements hereinafte r contained on the part of SEQUOIA 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 SEQUOIA, 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 AG REEMENT i s one (1) year, with four (4) one -year extensions, commencing on January 1, 2023 and ending on December 31, 2023.
2. FEES AND CHARGES
SEQUOIA 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 the 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 SEQUOIA’s field rental rate, field light use rate, and 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 SEQUOIA at the end of each month of use for all fees as described above.
Payment is due within t hirty (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, SEQUOIA 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 improvements shall be completed in accordance with Section 20 of FACILITY USE AGREEMENT.
2 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 AGREEMENT and in acco rdance with the City ’s Parks and Recreation Facility Use Policy , section IV Eligibility SEQUOIA shall have Priority 1 level 2 right of use after City activities and programs of the Riverway S ports Park Softball Complex; including fields and concession stand 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 SEQUOIA shall subm it a request in writing by January 1 st expressing their intent to extend cont ract for additional year. Upon mutual agreement of the CITY, the F acility 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 SEQUOIA shall submit a request for league start and end dates, time blocks per field use in accordance wi th the City’s Parks and Recreation 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 SEQUOIA shall submit in writin g a finalized comprehensive game schedule.
Concession stand use must al so be in writing with start and end t ime blocks for hours of operation (when open for sa les). SEQUOIA may only request the amou nt of field space to accommodate regular season play games.
SEQUOIA acknowledges th at any time and/or f ield n ot being utilized by SEQUOIA shall be allocated by th e CITY to anothe r facility user, provide d th at said use does not con flict with SEQUOIA’s use of premises.
Spring season game use shall be from the second Monday of March until the first Friday of June.
Spring priority right of use will be on Tuesdays, Wednesdays and Fridays from 3:00 p.m. unti l 10:00 p.m.
CITY agrees that SEQUOIA shall have exclusive use of the premises for two weekends per year for tournament play. SEQUOIA must submit in writing no less than three months advance notice through the City’s application process , CITY maintains t he authorizati on 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 p remises at all ti mes. SEQUOIA agrees to use the premises and property which are the subject of this FACILITY USE AGREEMENT, exclusively in connection with the operation of SEQUOIA’s recreational league for game play.
SEQUOIA acknowledges that there will n ot be any “gate” or admission charge for regular season play or any charges for parking. CITY acknowledges and permits, without revocation, the
3 right for SEQUOIA to charge “g ate” or a dmission to the fa cility for the purp ose of post season tournament play only . SEQUOIA 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.
SEQUOIA agrees to use the premises and property which are the subject of this FACILITY USE AGREEMENT, exclusively in connection with the o peration of the Visalia Youth Softball Association and its related activities.
SEQUOIA agrees to contact the CITY , no later than three -business days 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 SEQUOIA’s access.
The CITY reserves the right to cancel any scheduled use by SEQUOIA 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 SEQUOIA may meet prior to an event, if feasible, to assess the conditions of the park and determine what can be done t o 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
SEQUOIA is exclusively responsibl e for the operat ion of the co ncession stand and for the direction and control of all volunteers and/or employees employed in such concession operations during SEQUOIA’s desi gnated and ag reed upo n times t o operate at the facilit y. SEQUOIA acknowledges that other entities will be utilizing sa id facili ty during times not designated to SEQUOIA, an d that accommodations h ave been arranged for so that inven tory i tems can be stored and locked during unused times.
CITY shall be responsible for ensuring facility is clean and ready for use prior to the start of season.
SEQUOIA shall ensure that the co ncession stand is left clean and in good repair after each use.
In the operation of said concession stand, SEQUOIA 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 CIT Y shall no t be responsible for damage and/or the ft of persona l pro perty o f SEQUOIA.
At the conclusion of each season, SEQUOIA shall be responsible for returning the facility to the state it was in prior to their usage . SEQUOIA shall remove all personal property no later than one week from the conclusion of reg ular s eason play , including the removal of all pe rishable food, appliances emptied and cleaned, closets emptied and cleaned, floors and walls cleaned. All appliances ow ned b y SEQUOIA are t o be removed from t he concessions concluding regular
4 season play.
If personal property is not removed as required her ein, the C ITY will remov e the item s and invoice SEQUOIA the direct cost including staff time associated with removing their items.
5. ADDITIONAL SERVICES
Due to the size and nature of SEQUOIA’s program, additional services, above and beyond normal operational services provided by the City, are required. a. Portable restrooms – SEQUOIA shall provide additional portable restrooms for Opening Day, tournaments, and other days of projected heavy attendance. If additional services are needed or requested solely for SEQUOIA’s use, SEQUOIA shall pay the CITY for the cost incurred f or ad ditional service s. Such costs shall be invoiced eac h 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.SEQUOIA shall be responsible to provide a dditional appr opriate refuse and/or recycle containers to accommodate trash generated by its participants. iii.SEQUOIA shall be responsible to collect a ny trash/litter and dump the trashcans throughout the softb all complex, including spectator areas, bleacher s, d ugouts, restrooms, playing fields, through out the ir scheduled use of the fa cilities 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.SEQUOIA shall be r esponsible to prov ide addi tional appropriate cleaning and stocking of the restroom throughout their scheduled use of the facilitie s with at least a final cleaning at the end of each day of use.
If SEQUOIA fails to collect any trash/litter and dump the trashcans or clean a nd stock the restrooms at th e end of each day of use, the CITY wil l re nder these services and invoice SEQUOIA the dir ect cost in cluding staff time associated and a pena lty fee of $100 per occurrence.
6. INSTALLATION OF SIGNS AND/OR BANNERS
During the term of this AGREEMENT, SEQUOIA shall have the fo llowing rights in re gard to installation and removal of signs and/or b anners: No signage shall be allowed to be d isplayed facing the Sports Pa rk, Gidding s 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 installe d 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 sign and/or banner installed, operated, and maintained by SEQUOIA will be SEQUOIA’s total financial responsibility. SEQUOIA shall obtain any and all necessary permits from the City
5 Planning Division in compliance with the City of Visalia Municipal Code Chapter 17.84 sections
17.48.010 et seq.
7. FACILITY MAINTENANCE
SEQUOIA shall assu me responsibi lity fo r all maintenance, damage, repair, and upkeep of the aforementioned premises during SEQUOIA use, excepting CITY’s maintenance an d upkeep as set forth in Section 8. SEQUOIA agrees to imm ediately notify CITY (within 24 hours) of any damage to t he premises i ncluding such items as the concession stand or re stroom, fixture s, equipment, grounds, landscaping, sp rinklers and irrigation, so th at CITY may determine whose responsibility it is to re pair o r rep lace and determine the manner in whic h the rep air or replacement is to be completed. Furthermore, CITY shall have sole disc retion in determining whether the dama ge or de struction mentioned ab ove resulted from or in connection with SEQUOIA.
Throughout the AGREEMENT term, SEQUOIA shall agree t o mainta in its personal proper ty (portable equipment, storage units, et c.) in a ma nner agreeable to CITY. SEQUOIA shall be responsible for picking up and disposing of trash and litter after each use as set forth in section 5.
SEQUOIA shall also be responsible fo r any re pair or maintenance re sulting f rom vandalism and/or g raffiti du ring the softball season on equipment or structures that are owned by SEQUOIA. Said graf fiti removal shall be completed in accordance with the current Ordin ance governing graffiti removal in the City of Visalia.
SEQUOIA shall a ssume responsibility for p reparation of pl aying fie lds (fi eld lines , bases, dragging infields, etc.) prior to games . At th e end of each da y of use SEQUOIA shall be responsible to f ill holes, t amper 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 maintenance o f the irrigation s ystem, 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 sub ject of this FACILITY US E AGREEMENT. CITY shall have the sole d iscretion of determining what constitutes major structural and/ or capital improvements. CITY further agrees to be responsible for the damage and/or repairs caused by o rganizations, groups and/or special events held o n the premises and scheduled by the City of Visalia.
SEQUOIA shall a ssume responsibility for p reparation of pl aying fie lds (field lines, bases, dragging infiel ds, etc.) prior to games . At the end of each day of use SEQUOIA shall be responsible to f ill holes, t amper batter/catcher box, rake/screen dra g infield, and replace base plugs.
During post season us e, if SEQUOIA requests use and is allocated field s for post season tournaments, SEQUOIA may have the opt ion to install and maintain the homerun fence or pay the City a fee for staff to install fence.
6 9. FACILTY INSPECTIONS AND EXPECTIONS
CITY and SEQUOIA representatives shall inspect the fa cility and grounds prior to the commencement of each season , during each month of the seaso n, and following the conclusion of each season. CITY will utili ze 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.
CITY shall be responsible for ensuring facility is clean and ready for use prior to the start of season. At the conclusion of each seaso n, SEQUOIA shall be responsible for returning the facility to the state it was in prior to their usage.
10. STORAGE:
SEQUOIA shall be allowed to maintai n two (2) storage/maintenance containers (sea train) subject to CITY approval in an a rea designated by CIT Y for such use. Container may not to exceed 2 0’x 8’ and must comply w ith CITY sta ndards as to size, loc ation, maintenance/condition, and color of such storage container(s).
SEQUOIA shall keep containers clean and well maintai ned. Containers shall n ot display advertising for any business (other than the manufacturer of the c ontainer). SEQUOIA shall monitor, inspect, and remove an y graffiti and make repairs as needed within ten days. No chemicals or flammable materials of any ki nd are to be stored within th e containers. Storage of approved field/turf marking paint will be allowed.
SEQUOIA must obtain and retai n proper insurance for st orage containers and their contents for the dur ation of the FACILITY USE AGREEMENT set forth in Section 15 . SEQUOIA 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 SEQUOIA property while stored a t the facility.
11. PARKING / USE OF MOTORIZED VEHICLES
Vehicles must be parked in designated parking areas. SEQUOIA may not charge for parking without writte n consent from the CITY . SEQUOIA 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 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 SEQUOIA is permitted to provide good s and/or s ervices und er the agreement. If SEQUOIA desires to have a n ou tside vendor provide food, entertainment, goods or other services, such vendor must be pre-approved in writing by the City of Visalia. SEQUOIA shall submit in writing a request for the outside vendor no less than ten (10) business days prior to the desired date of vendor rendering service. Only vendors with a valid City of Visalia Business Tax
7 Certificate and other permits as required by Tulare County and/or the State of California w ill be considered. Authorized vendors must provide 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
SEQUOIA shall provide s ecurity and supervision at all sche duled activ ities, in cluding crowd control, at a level satisfactory to CITY , sufficient to ensure adequate protect ion of the premises which are the subject of this FACILITY USE AGREEMENT. This shall include the presence of SEQUOIA Board Members while games are in progress.
The CITY shall assign SEQUOIA keys to the facility prior to the start of each season. SEQUOIA shall return all facility keys to CITY no later than two weeks after the conclusion of each regular season. SEQUOIA agrees not to duplicate any keys. Refer to Section 3 regarding facility access during off-season.
SEQUOIA acknowledges that additiona l security me asures, such a s but not limited t o, 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
SEQUOIA shall not assign, mortgage, sublet or otherwise transfer any interest in this FACILITY USE AGREEMENT to any per son, firm , organization or corporation du ring the ter m of this FACILITY USE AGREEMENT or any ext ension thereof without the w ritten consent of CITY first had and obtained.
15. INDEMNIFICATION:
SEQUOIA hereby agrees to and shall de fend, protect, indemnify, a nd hold harmless the CITY and all officers, agents, representatives, and employees thereof from any and all liability, claims, or d amages of whatsoever k ind or character, including attorneys fees and costs of all typ es incurred in defense of any of the sai d parties from said claims or l iability, because of o r arising out o f, d irectly or indirectly, t he acts or omissions of SEQUOIA, SEQUOIA’S indepen dent contractors, employees, representatives, agents, and invitees, an d the passive or active negligent acts or omis sions of the CITY or its office rs, a gents, representatives, an d emp loyees wh ile acting within th e scope of their duties rega rding w ork to be performed purs uant to this AGREEMENT. Said indemnification and hold h armless provisions shall be in full force and effect regardless of whether or not there shall be in surance policies covering and applicable to such damages, claims, or li ability. This FACILITY USE AGREEMENT shall be binding upon SEQUOIA whether or not ther e are any a llegations of fault negligence or liab ility of the indemnities hereunder.
16. VOLUNTEERS/EMPLOYEES
SEQUOIA 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 years of ag e or vulnerable a dults. SEQUOIA 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. SEQUOIA agrees to make every
8 effort in keeping with California Penal Code Section 11105.3, and that the organization will not utilize the services of anyone with convictions or any arrest pending adjudication involvin g 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 SEQUOIA shall secure and maintain during the term of this FACILITY USE AGREEMENT, and any renewal thereof, a po licy of c ommercial general liability and property damage insurance, naming the CITY as co-insured, with a single combined liability limit of $2,000,000.00, and pr operty damage lim its of not less than $1,000,000.00, insuring against all liability of SEQUOIA and its authorized representatives arising out of and in connection with SEQUOIA’s use or occupancy of the premises. All general lia bility insurance and proper ty damage insurance shall insure performance by SEQUOIA of the in demnity provisions of item 15. CITY shall be named as additional insureds, the policy shall contain cross liability endorsements, and an endorsement requiring 30 days written notice from the in surance company to all par ties before cancella tion or change in the coverage, scope or amount of any policy. Such policy, or a certificate of th e policy, together w ith evid ence of pa yment of premiums, shall be delivered to CITY a t the comm encement of the term, and on renewal of th e policy not less th an 30 days before expiration of the term of the policy. SEQUOIA, at i ts own cost, shall be responsible for maintaining a policy of insurance covering it s personal property located on the premises.
In addition to the above general liability insurance, throughout the lease term, SEQUOIA 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 SEQUOIA employs any person(s), SEQUOIA shall, at SEQUOIA’s sole cost and expen se, keep or cause to be kept in f orce workers’ c ompensation insurance w ith statutory limits and em ployer’s liability i nsurance w ith l imits of no t less than $1,000,000.00 per accident.
18. CODE OF CONDUCT
SEQUOIA shall create and maintain a Code of Conduct and require participants, coaches, a nd parents to complete and comply with said Code of Conduct. SEQUOIA’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 U se Policy Section VII (Attachment B).
19. ANNUAL REPORTS
SEQUOIA agrees to provide annual reports, to include league registration numbers, 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, SEQUOIA shall have the opportunity to make improvements to th e premises and property which is subj ect of this FACILITY USE AGREEMENT , provided that SEQUOIA obtains prior written approval from the CITY before any such improvements. Upon the expiration of this FACILIT Y USE AGREEMENT, an d any extens ion thereof, all such
9 improvements shall automatically revert to CITY’s ownership. Should the CITY elect to require SEQUOIA to remove said improvements, SEQUOIA shall do so a nd return the p roperty to i ts original condition, allowing for reasonable and normal wear.
21. DISCRIMINATION
SEQUOIA for itself, its personal representati ves, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no perso n on the gr ounds of race, color, sex, handicap, or national ori gin shall be excluded f rom particip ation in, denied the 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 AGREEMENT sha ll terminate automatically if eithe r 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 the period for correction shall be extended for such length of time as is r easonably necessary to complete such correction.
C. SEQUOIA agrees a t t he end of the LEASE term or in the e vent of an early termination, as provided f or herein, to quit a nd 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 SEQUOIA as herein provide d, SEQUOIA shall peaceably and quietly hold and en joy 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.
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 SEQUOIA 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 SEQUOIA pursuant to this LEASE AGREEMENT shall be mailed to SEQUOIA c/o SEQUOIA President (mailing address)
For the purpose of this AGREEMENT, SEQUOIA shall d esignate one po int of contact with which the CITY shall coordinate the use of fields, maintenance concerns and oth er communications. This representative or a designee in his/her absence will be the only authorized agent of SEQUOIA to coordinate use throughout each season.
26. ENTIRE AGREEMENT
10 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 of eit her party to inspect t he premise s o r improvements, to read the AGREEMENT or other documents, or to ob tain legal or other advise relevant to this transaction constitutes a waiver of any o bjection, contention, or claim th at might have been based on such reading, inspection, or advise.
IN -WITNESS WHEREOF, the parties have executed this LEASE AGREEMENT as of the date first above written.
Kaweah Little League Softball
D.B.A. Sequoia Softball CITY OF VISALIA
SEQUOIA Board President Date Leslie Caviglia, City Manager Date
Risk Management Date
APPROVED AS TO FORM:
City Attorney Date