1 FACILTY USE AGREEMENT BETWEEN
THE CITY OF VISALIA (CITY) AND
VISALIA AYSO REGION 129 (AYSO)
Riverway Sports Park Soccer Complex
THIS LEASE AGREEMENT made and entered into as of the of __________ 2024, by and between the CITY OF VISALIA, a Municipal Corporation, hereinafter referred to as “CITY” and VISALIA AYSO REGION 129, hereinafter referred to as “AYSO”;
WITNESSETH:
For and in consideration of the covenants and agreements hereinafter contained on the part of AYSO 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 AYSO, for use of Riverway Sports Park, including the use of soccer fields, Saputo Field, Special Event Promenade, the use of the concession stand and storage room 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 August 1, 2024 and ending on July 31, 2029.
Annually, AYSO shall submit a request in writing by May 1 st expressing their intent to exercise
the contract for additional year. Upon mutual agreement of the CITY, the Facility Use Agreement may be extended for any additional one -year term remaining within the agreement term.
2. FEES AND CHARGES
AYSO rental fee equal to 25% of the hourly Private rate listed in the City’s Fees and Charges Schedule. Field light use shall be charged at the full fee listed in the City’s Fees and Charges Schedule. Charge to AYSO for use of the concession stand for sales/operations shall be waived, as AYSO had donated $100,000 in 2007 to assist the City with the funding to build Riverway Sports Park. 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 AYSO ’s field rental rate, field light use rate, and concession stand rate.
Depending on the size of the athletic event and impact that it may have on the public’s use of the facility, CITY may require AYSO to reserve additional park amenities, such as picnic arbors, at the hourly Non-Profit rate listed in the City’s Fees and Charges Schedule.
All uses outside of the contract period shall be billed at the current Non-Profit rate list o f the City’s Fees and Charges Schedule.
The City shall invoice AYSO 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 listed on the invoice shall be subject to a two percent (2%) late fee penalty of the amount due per invoice.
2 In addition to the above facility use fees, and in exchange for the reduced facility use rates, AYSO shall provide improvements to the soccer fields, concession stand, or general park area on an annual basis in the amount no less than $2,750 per year. Said improvements shall be completed in accordance with Section 19 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 FACILITY USE AGREEMENT and in accordance with the City’s Parks and Recreation Facility Use Policy , section IV Eligibility AYSO shall have P riority 1 level 2 right of use after City activities and programs of the Riverway Sports Park Soccer fields; including soccer fields, Saputo field, Special Event Promenade, 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).
Prior to each season AYSO shall submit a request for league start and end dates, time blocks per field use in accordance with the City’s Parks and Recreation Facility Use Policy Section III Facility Request Use Deadlines, requests must be in writing . No less than ten business days prior to season start date AYSO shall submit in writing a finalized comprehensive game schedule .
Concession stand use for sales/operations must also be in writing with start and end time blocks for hours of operation (when open for sales). AYSO may only request the amount of field space to accommodate regular season play games.
AYSO acknowledges that any time and/or field not being utilized by AYSO shall be allocated by the CITY to another facility user, provided that said use does not conflict with AYSO’s use of premises.
Fall season game use shall be from the third Saturday of August until the fourth Saturday of November. Fall priority right of use will be on Saturdays from 7:00 a.m. until 10:00 p.m. for league game play. AYSO may not schedule more than ten (10) games per hour.
CITY agrees that AYSO shall have exclusive use of the premises two times per year for tournament play. AYSO must submit in writing no less than ninety (90) days advance notice through the City’s application process, CITY maintains the authorization to deny request if requested dates impede on another event or use of the facility. Any tournament or event that exceeds more than one thousand (1,000) attendees may be required to complete additional permitting processes.
CITY shall have the right of access to the premises at all times. AYSO agrees to use the premises and property which are the subject of this FACILITY USE AGREEMENT, exclusively in connection with the operation of AYSO’s recreational league for game play.
3 AYSO acknowledges that there will not be any “gate” or admission charge for regular season play or any charges for parking. CITY acknowledges and permits, without revocation, the right for AYSO to charge “gate” or admission to the facility for the purpose of post season tournament play only. AYSO acknowledges that if they do charge “gate” or admission charge they will be required to pay the full hourly Non -Profit rate listed in the City’s Fees and Charges Schedule.
Prior approval from CITY to charge admissions fees is required.
AYSO agrees to use the premises and property which are the subject of this FACILITY USE AGREEMENT, exclusively in connection with the operation of the Visalia Youth Soccer Organization and its related activities.
Outside of the regular season of use AYSO agrees to contact the CITY , no later than three - business days in advance, to request authorization to access the park yard for any off -season access to the storage units . The CITY reserves the right to deny access to the park yard if site is being utilized by staff or other groups/programs. If access is denied the CITY will assist in developing an appropriate schedule for AYSO’s access.
The CITY reserves the right to cancel or suspend any scheduled use by AYSO in the case of inclement weather or other conditions that threaten the health and safety of participants and/or may result in damage of City facilities. Representatives from t he CITY and AYSO may meet prior to scheduled use, 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
AYSO is exclusively responsible for the operation of the concession stand and for the direction and control of all volunteers and/or employees employed and/or contractors in concession operations during AYSO’s designated and agreed upon times to operate at the facility.
In the operation of said concession stand, AYSO shall comply with and provide copies of 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 AYSO.
CITY shall be responsible for ensuring concession stand facility is clean and ready for use prior to the start of season.
AYSO shall ensure that the concession stand is left clean and in good repair after each use. At the conclusion of each season, AYSO shall be responsible for returning the facility to the state it was in prior to their usage, ordinary wear and tear accepted.
AYSO shall remove all perishable food and counter-top appliances from the common areas, floors, walls, and assigned cabinets shall be free of debris and cleaned. Perishable food shall be removed from all storage areas. If personal property is not removed as required herein, the CITY will remove the items and invoice AYSO the direct cost including staff time associated with
4 removing their items.
5. ADDITIONAL SERVICES
Due to the size and nature of AYSO’s program, additional services, above and beyond normal operational services provided by the City, are required. a. Portable restrooms – When anticipated attendance is more than 600 per hour, AYSO shall provide additional portable restrooms. If additional services are needed or requested solely for AYSO’s use, AYSO 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.
b. 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. AYSO shall be responsible to provide additional appropriate refuse and/or recycle containers to accommodate trash generated by its participants. iii. AYSO shall be responsible to collect any trash/litter and dump the trashcans throughout the s occer complex, including spectator areas, restrooms, playing fields, concessions, and storage throughout their scheduled use of the facilities and a final dumping of all trash at the end of each day of use. a. If AYSO fails to collect any trash/litter and dump the trashcans at the end of each day of use, the CITY will render these services and invoice AYSO the direct cost including staff time associated and a penalty fee of $100 per occurrence.
c. Restroom service:
i. CITY shall be responsible for routine and ordinary cleaning and stocking the restrooms for each day of scheduled use; one (1) time daily. ii. AYSO shall be responsible for providing additional appropriate stocking of the restroom throughout their scheduled use of the. This includes ensuring that floors are free of debris, trash cans are emptied, toilets are flushed, and sinks are free of debris.
6. FACILITY MAINTENANCE
AYSO shall assume responsibility for all maintenance, damage, repair , and upkeep of the aforementioned premises during AYSO use, excepting CITY’s maintenance and upkeep as set forth in Section 8. AYSO 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, soccer goals, 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 AYSO.
Throughout the AGREEMENT term, AYSO shall agree to maintain its personal property (portable equipment, storage units, etc.) in a manner agreeable to CITY. AYSO shall be responsible for picking up and disposing of trash and litter after each use as set forth in section 5.
AYSO shall also be responsible for any repair or maintenance resulting from vandalism and/or graffiti on equipment or structures that are owned by AYSO. Said graffiti removal shall be
5 completed in accordance with the current Ordinance governing graffiti removal in the City of Visalia.
7. GROUNDS MAINTENANCE
CITY shall be responsible for regular grounds maintenance , including maintenance of the irrigation system, regular mowing of the fields 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 FACILITY USE 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 damage and/or repairs caused by organizations, groups and/or special events held on the premises and scheduled by the City of Visalia.
AYSO shall assume responsibility for p reparation of playing fields (field lines, goals, nets, etc.) prior to games. At the end of each day of use AYSO shall be responsible to remove all personal equipment and to move and lock soccer goals to specified locations determined by CITY.
8. FACILTY INSPECTIONS AND EXPECTIONS
CITY and AYSO representatives shall inspect the facility and grounds prior to the commencement of each season , during each month of the season, and following the conclusion of each season. CITY will utilize the Inspection Sheet (Attachment C), as it may be amended 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 season, AYSO shall be responsible for returning the facility to the state it was in prior to their usage.
9. STORAGE:
AYSO 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 comply with CITY standards as to size, location, maintenance/ condition, and color of such storage container(s).
AYSO shall keep containers clean and well maintained. Containers shall not display advertising for any business (other than the manufacturer of the container). AYSO shall monitor, inspect, and remove any graffiti and make repairs as needed within ten days. No chemicals or flammable materials of any kind are to be stored within the containers. Storage of approved field/turf marking paint will be allowed.
AYSO must obtain and retain proper insurance for storage containers and their contents for the duration of the F ACILITY USE AGREEMENT set forth in Section 1 6. AYSO shall submit an inventory list at the beginning of each season of the items stored in the containers. AYSO storage is solely for the purpose of AYSO equipment. Equipment not owned or leased by AYSO is not permitted to be stored in any AYSO storage areas. Access to the containers is permitted only to AYSO board members and volunteers.
6 The CITY is not responsible for damage and/or theft to AYSO property while stored at the facility.
10. PARKING / USE OF MOTORIZED VEHICLES
Vehicles must be parked in designated parking areas. AYSO may not charge for parking without written consent from the CITY. AYSO 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 Gator vehicles is restricted to licensed drivers and use of vehicles must be in conjunction with program functions and/or duties.
11. OUTSIDE VENDORS
Only AYSO is permitted to provide goods and/or services under the agreement. If AYSO desires 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. AYSO 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 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. SECURITY
AYSO shall provide supervision at all scheduled activities, including crowd control, at a level satisfactory to CITY , sufficient to e nsure adequate protection of the premises which are the subject of this FACILITY USE AGREEMENT. This shall include the presence of AYSO Board Members while games are in progress.
The CITY shall assign AYSO keys to the facility prior to the start of each season. Refer to Section 3 regarding facility access during off-season.
AYSO acknowledges that additional security measures, such as but not limited to, video recording cameras cannot be installed or placed within the premises without CITY authorization.
The CITY reserves the right to deny any request.
13. ASSIGNMENT
AYSO 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 this FACILITY USE AGREEMENT or any extension thereof without the written consent of CITY first had and obtained.
14. INDEMNIFICATION:
AYSO 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
7 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 AYSO, AYSO’S independent contractors, employees, representatives, agents, and invitees, and the passive or active negligent acts or omissions, but not gross negligence or willful misconduct, 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 . 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 AYSO whether or not there are any allegations of fault negligence or liability of the indemnities hereunder.
15. VOLUNTEERS/EMPLOYEES
AYSO shall be responsible to adhere to any local, county, state, or federal laws for conducting 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 age or vulnerable adults.
AYSO 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.
16. INSURANCE REQUIREMENTS:
It is further understood and agreed that AYSO 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 AYSO and its authorized representatives arising out of and in connection with AYSO’s use or occupancy of the premises. All general liability insurance and property damage insurance shall insure performance by AYSO of the indemnity provisions of item 14. CITY shall be named as additional insureds, the policy shall contain cross liability 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 policy. Such policy, or a certificate of the policy, together with evidence of payment of premiums, shall be delivered 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. AYSO, at its own cost, shall be responsible 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, AYSO 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 AYSO employs any person(s), AYSO shall, at AYSO’s sole cost and expense, keep or cause to be kept in force workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than $1,000,000.00 per accident.
17. CODE OF CONDUCT
AYSO shall create and maintain a Code of Conduct and require participants, coaches, and parents to complete and comply with said Code of Conduct. AYSO’s Code of Conduct shall
8 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).
18. ANNUAL REPORTS
AYSO agrees to provide annual reports, to include league registration numbers, participant names and address of residency information, financial statements, proof of non-profit status, and other reports as requested by the CITY. Reports shall be used to determine adequate field allocation. Facility usage hours and participant numbers may be shared with City Council.
19. IMPROVEMENTS
As set forth in Section 2, AYSO shall have the opportunity to make improvements to the premises and property which is subject of this FACILITY USE AGREEMENT, provided that AYSO obtains prior written approval from the CITY before any such improvements. AYSO is required to provide receipts of either work performed, or supplies purchased that were used to complete the approved improvement. Upon the expiration of this FACILITY USE AGREEMENT, and any extension thereof, all such improvements shall automatically revert to CITY’s ownership. Should the CITY elect to require AYSO to remove said improvements , AYSO shall do so and return the property to its original condition, allowing for reasonable and normal wear.
20. DISCRIMINATION
AYSO 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.
21. TERMINATION
In addition to any other provision 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 canceled at any time by either party hereto by giving to the other party not less than ninety (90) 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 for correction shall be extended for such length of time as is reasonably necessary to complete such correction.
C. AYSO agrees at the end of the AGREEMENT 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.
22. QUIET ENJOYMENT
CITY does hereby covenant and agree that upon the performance of all covenants by AYSO as herein provided, AYSO shall peaceably and quietly hold and enjoy said premises during the term
9 of this AGREEMENT and any extension thereof except as otherwise provided hereupon the termination of this AGREEMENT or any extension thereof.
23. AMENDMENT
This AGREEMENT may be amended at any time by mutual agreement of the parties in writing.
24. NOTICE
All notices to be given by AYSO 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 AYSO pursuant to this LEASE AGREEMENT shall be mailed to AYSO c/o Visalia AYSO Region 129 Regional Commissioner (mailing address) Fo r the purpose of this AGREEMENT, AYSO 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 AYSO to coordinate use throughout each season.
25. 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 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 -WITNESS WHEREOF, the parties have executed this LEASE AGREEMENT as of the date first above written.
VISALIA AYSO REGION 129 CITY OF VISALIA
AYSO Regional Commissioner Date Leslie Caviglia, City Manager Date
AYSO NATIONAL LEAGUE
Risk Management Date
Legal Department Date
APPROVED AS TO FORM:
City Attorney Date
Park Yard
Concession Stand
Storage
Bathrooms
1 City of Visalia Parks and Recreation Facility Use Policy The City of Visalia Parks and Recreation Department is dedicated to fostering healthy lifestyles and helping the community thrive. The City recognizes t hat programs, activities and sports leagues are a fundamental component of this goal and that facilit y availability is necessary for local organizations and individuals. As such, the Visalia Parks and Recreation Department coordinates and issues permits for the use of City facilities for general public use for cultural, social and recreational activities and programs.
The purpose of this policy is to outline the City’s allocation procedure and rental policies for the permitted use of facilities in the City of Visalia. The City has experienced tremendous growth in population and need for facility use for a multitud e of purposes. This growth is anticipated to conti nue.
The Parks and Recreation Department has already exp erienced an increased demand for the use of City facilities and finds it necessary to emphasize shar ing in the use of all facilities among our present and future organizations.
This policy has been established to assure that Cit y facilities are utilized for recreational, cultura l, educational, social and community service functions that meet the needs of the community, as well as, set clear policies, procedures and regulations for such uses.
Due to the limited number of facilities available, the Visalia Parks and Recreation Department and the Parks & Recreation Commission have established crit eria for priority use. The Visalia Parks and Recreation Department will give priority to Visalia residents and will monitor proper use of allocatio ns and permits.
The City of Visalia is dedicated to creating partnerships with local organizations to ensure there is ample opportunity to participate in programs and services . The allocation/permitting process provides an organization the exclusive use of a facility to the exclusion of all others. The objective of this po licy is to create a clear, written allocation policy with procedures that:
• Fairly distributes facilities.
• Maximizes participation time.
• Incorporates maintenance periods to maintain safe, quality facilities. • Communicates financial issues and recovery policy.
• Outlines facility use regulations.
I. Definition of Terms:
Visalia Resident – a person residing within the city limits of the City of Visalia. The City may require identification or documentation of resi dency to be considered for priority brokering. In the event proof of residency cannot be established, non-residency status will be imposed. Note: Any person owning and paying taxes on real property in Visalia, but who is not living in the City, and any person having only a Visalia business address are NOT considered residents for facility use application purposes.
Youth programs – participants are ages 18 and under.
Adult programs – participants are ages 18 and over.
Open membership – Organizations, or portions of organizations, tha t have open registration regardless of skill level. Organizations must have an “everyone plays” philosophy requiring ADOPTED 12/18/12
2 that each player suited up and able to play is ente red into games for a significant period of time (i.e., ½ or game or 2 of every 5 innings or 2 of 4 quarters, etc.). Open membership organizations are recreational in nature and provide scholarship opportunities for players who demonstrate a financial need.
Non-profit status – Must be established as a non-profit organization . Non-profit status is defined as an organization that is so defined by th e Internal Revenue Code, 501c and has a State of California Tax Identification Number. Org anizations must submit the following to be considered for Non-Profit Status:
• 501c IRS papers and bylaws
• Current financial statement
• Roster of officers
• List of persons authorized to make reservations for your organization Basic services – Basic services are defined as the maintenance of safe, clean, attractive parks and buildings and the provision of recreation servi ces for the general public. Basic services preserve and promote physical and mental wellbeing and will continue to be supported by taxpayer resources.
Seasonal Brokering Periods – For the purpose of scheduling facilities, the Cit y has established three (3) brokering periods in which re quest shall be reviewed and facilities shall be allocated.
Special services – Special services are those above and beyond basi c services. Revenues are necessary to support special services; therefore, u sers will be charged a fee for the privilege of using the facilities to the exclusion of others and without interference.
Game slot – amount of time or facility space needed to reaso nably accommodate play. In instances where modified fields are used, appropria te field space shall be allocated, this may be an increment of a field or facility rather than designating an entire field or facility.
Practice slot - amount of time or facility space needed to reaso nably accommodate play. In instances where modified fields are used, appropria te field space shall be allocated, this may be an increment of a field or facility rather than designating an entire field or facility.
Facility Use Permit – A facility use permit is required for all organi zed use associated with a team, league, organization or school. Users who do not submit a request during the established brokering period must submit a request for use to the Parks and Recreation Department a minimum of ten (10) working days prior to the requested use date. Once the request has been approved and the user has complied with insurance requirements and paid all applicable fees, a written Facility User Permit shall be issued.
II. Facility Use Permitting:
Facility use requests are considered at three diffe rent time periods per fiscal year. Facility space will be awarded on a priority basis prior to the fall, winter/spring, and summer periods.
After the original requests are processed, based on priority, the facilities are available for use 3 to other requests. To apply for a Facility Use Perm it, an applicant must submit a written request to the Parks and Recreation Department outlining the dates, times, facility, number of courts/fields and intended use. Requests shall onl y be considered for organizations who are in good standing with the Parks and Recreation Depa rtment and who do not have a past due balance.
Facility use reservations, not allocated during the established brokering periods, can be made no less than ten (10) calendar days prior to the de sired date(s) of use. These requests shall be granted on a first come, first served basis based on field availability.
Submission of an application does not constitute ap proval. Approvals shall be in the form of a written facility use permit issued by the Parks and Recreation Department.
Requests for additional use or programs not covered by the Priority Use Policy should be addressed in writing to the Recreation Manager. Th e Parks and Recreation Director will make interpretation of language in the Priority Use Policy. An appeal to the Parks and Recreation Commission of the Director’s decision mu st be submitted in writing with justification within ten (10) working days from the decision and will be heard at the next regularly scheduled Parks and Recreation Commission meeting, unless appeal is received fewer than ten (10) days prior to a meeting, in whi ch case it will be heard at the following meeting of the Parks and Recreation Commission.
III. Facility Request Form Deadlines:
The three seasonal brokering periods are as follows;
Season Dates Request deadline
Fall August 1 through December 31 May 1
Winter/Spring January 1 through May 31 November 1
Summer June 1 through July 31 March 1
All requests received by the established deadline shall be reviewed after the deadline date. A facility use permit shall be issued a maximum of thirty (30) days after the deadline.
Facility use requests for primary organization use will be accepted no more than three (3) months prior to the request deadline. Requests for use outside of the organization’s primary use (regular league play), such as tournaments on a regional, state or national level, may be made up to three (3) years in advance.
IV. Eligibility - facility use shall be granted based on the following priority:
Priority 1:
1. City activities and programs.
2. Facility use agreements (organizations having speci al status assigned by City Council action as a result of having had historical use of facilities).
3. Visalia resident (at least 90%), youth programs, op en membership, non-profit organizations or leagues.
4 Priority 2:
• Visalia resident (at least 51%), youth programs, non-profit organizations or leagues.
Priority 3:
• Visalia resident (at least 51%), adult programs, open membership, non-profit organizations or leagues.
Priority 4:
• For-profit programs and events.
Priority 5:
• Organizations that have previously violated the terms of the priority use policy.
Resident status will be determined from the prior s eason’s actual rosters (fall season for fall season , spring season for spring season).
To resolve a discrepancy between two organizations in the same priority use class that request use of the same site/field and that cannot be worked out betwe en the two organizations, the following allocation formula will be used to determine the amount of field use that will be allocated to each organization.
Facilities will be allocated within each priority u se class to organizations based on the percentage o f verifiable Visalia residents registered with that o rganization in relation to the total number of all registered Visalia residents in all organizations in the priority use class combined.
The total number of all Visalia residents registere d in all organizations within that priority use cla ss will then be determined. Each organization’s resident n umber will be divided by the total of all residents registered to determine the percentage of use to be allocated to each group.
An example of this would be:
Baseball Group A has 750 Visalia residents
Baseball Group B has 900 Visalia residents
Total Visalia residents registered in both organizations is 1,650
750 divided by 1,650 equals 45%. Group A would receive 45% of the available time. 900 divided by 1,650 equals 55%. Group B would receive 55% of the available time.
Additional factors to determine priority use:
• Priority 1 & 2 athletic organizations shall be allo cated a maximum of one (1) game slot per team per week and one (1) practice slot (1/2 field) per team per week (as space allows). Number of teams shall be determined based on the number of re gistered participants in each program taking into consideration the number of players per team for each age division. • League game play takes priority over practice with the exception of non-resident vs. non-resident game play.
5 • Adult program access – per this policy, adult play would receive low priority. To provide for equal access for adult leagues, 25% of facility spa ce shall be dedicated to adult play in the above mentioned priority order.
• Sport season priority – Traditional sports seasons have priority as follows:
Fall Football, volleyball and soccer
Winter Basketball
Spring Baseball and softball
Summer Aquatics
• Facility use shall be permitted for activities that the facilities are intended for, designed for, classified as, or for activities conducted in a man ner that does not compromise public safety or facility quality or integrity.
V. Cost Recovery Philosophy
As the City continues to grow and facilities age, t he Visalia Parks and Recreation Department must develop a financial system to suppo rt our community investment while maintaining the high level of service residents dem and. The City will continue to provide basic services funded entirely by general taxpayers and user fees; however, those benefiting from special services (which create additional City expenses) must contribute financially.
The recovery policy is intended for the participant s to supplement, rather than supplant the investment of the general taxpayers. The recovery policy strives to:
o Amortize the capital investment and cover maintenance/operational cost of a facility. o Pay for and augment operation/maintenance costs for a facility where tax appropriations support the basic service.
o Control use of the facility.
o Assess a portion of the cost of the facility to users who may not be tax supporters. o Enable the Visalia Parks and Recreation Department to provide facilities for which funds might not otherwise be available.
The primary purpose of this policy statement is to develop an understanding that the pricing of services is a conscious procedure that requires continual investigation and review by Visalia Parks and Recreation Department, the Parks and Recreation Commission and the Visalia City Council.
VI. Permit Rules and Regulations:
1. Permits cannot be transferred or assigned to any ot her person, group, or organization for any reason.
2. The misuse of City facilities or the failure to con form to facility regulations, established policies, and procedures or any other Federal, Stat e, or local law, rule, regulation or ordinance shall be sufficient grounds for the immed iate revocation of the permit and/or denial of any future applications. No refund will be granted.
3. Permit holders shall restrict their use to only those facilities specifically reserved and paid for as designated on the permit. Other facilities may b e scheduled by other groups and may not be available. Permit holders must be in possession of their Facility Use Permit in case there is a need to address the question of who has a reserva tion for the facility in question. If the 6 permit holder cannot use a facility due to unauthor ized use by another party, the permit holder should contact the City of Visalia Police Department.
4. Fees - all fees are due and payable prior to the is suance of an approved Facility Use Permit.
Payment plans may be arranged for multiple-use rese rvations with payment in advance for monthly use. The fees and charges for permits are established by the Visalia Parks and Recreation Commission and approved by the Visalia C ity Council annually and are not negotiable. Only the Parks and Recreation Commissio n and/or City Council have the authority to waive or modify fees and charges by am endment to the City Rates and Fees Schedule.
5. Deposits – A refundable deposit may be required for facility use. The City reserves the right to deduct from the security deposit all additional charges relating to, but not limited to, janitorial services, maintenance/repair services, s taff time, failure to comply with the cancellation policy or emergency services that are required as a result of the facility use.
6. Insurance - A valid insurance certificate is requir ed for use of any City of Visalia facility.
The insurance certificate must afford one million d ollars ($1,000,000) of general liability coverage per occurrence listing the dates and locat ion of coverage and must contain the following language:
“The City of Visalia, its officers, agents, employe es, representatives and volunteers are added as additional insured as respects operations and ac tivities of, or on behalf of the named insured, performed under contract with the City of Visalia.” Certificate must guarantee thirty (30) days prior notice to change or cancel the policy.
7. Residency Verification - The City of Visalia Parks and Recreation Department may request a master roster complete with participant first and l ast name (or identification number), division, team and place of residency or school att ending. Leagues may be required to make rosters available for verification and additional p roof of residency such as utility billing or photo identification may be required.
Any group or organization found to be misrepresenti ng its residency status will have its permit revoked for the season and will be assigned the last (or lowest) priority for the immediate and following season. In addition, any group or organization found to be reserving facilities for another organization will be penaliz ed by the revocation of its permit for the season for which the permit is issued and that grou p or organization will be assigned the last (or lowest) priority for facility use scheduling for the immediate and following season.
8. Teams and organizations may be required to provide schedules to show that all of the allocated facilities are being utilized. If an all ocated facility is not utilized by the designated organization a total of two (2) times during the pe rmit period, the facility will be reassigned.
User shall be notified by the Parks and Recreation Department prior to reassignment.
9. The City reserves the right to cancel an approved r eservation due to maintenance needs, overuse of the facility, unsafe conditions or due t o a conflict with a City event or a one-time event that has a direct benefit to the community. I n these cases all attempts will be made to provide a minimum of 15 days advance notice and to provide an alternate location for the group’s scheduled activity. In the event of an emer gency when only short or no notice can be provided, groups must cooperate with the request to not use the facility or risk loss of current permit and denial of future use. If there are no al ternate facilities available, the City is not 7 obligated to provide an alternate facility. In the case of such an event, a full refund will be given.
10. It is the responsibility of the organization’s pres ident and the individual in charge of the permit to enforce the rules and regulations regardi ng the conduct of the group while on permitted facilities. They are also responsible fo r ensuring that coaches receive and understand that a permit must be on site during facility use.
11. Use begins and ends at the times stated on the perm it including set-up and clean-up. A two (2) hour minimum is required per reservation. Grou ps are not allowed on fields prior to the start time on the permit and are required to have t he fields cleaned and cleared by the ending time indicated on the permit. Unauthorized or exte nded field use beyond times listed on the permit may result in the retention of a portion or all of the deposit and/or result in the cancellation of current use and/or prohibition of future use.
VII. General Rules and Regulations
1. No person shall use an athletic facility which is p osted as being closed, whether the closure is for excess rainfall or for field maintenance or other reason.
2. All motor vehicles must park in marked stalls in th e parking lots or legally on side streets or be subject to citation. No unauthorized vehicles shall enter park premises.
3. All dogs must be on a leash and owners must clean up after their dogs.
4. No portable BBQ’s are permitted at any time in any facility.
5. No golf is permitted at any park or sports complex.
6. Alcohol is not allowed in any City facility without a permit. No alcohol is allowed at Riverway Sports Park. Alcohol may be consumed at t he Plaza Park softball fields provided such beverages are purchased from the permitted concessionaire.
7. Athletic facilities may be lined prior to a group u se with the permission of the Parks and Recreation Department. Water soluble spray paint is the only permitted means of lining a field. No fields are permitted to be lined by mean s of Round Up, Dolomite, or other herbicide which can permanently burn lines into the field.
8. Vending at a facility is permitted only if the vendor is associated with the activity and has received the prior approval of the City.
9. Gambling is prohibited at all City property without a permit.
10. Restrooms – some facilities have public restrooms w hich may be utilized. In instances where public restrooms are not available, or not ad equate for the size and scope of the facility use, the user shall be responsible, at user’s expense, to provide additional portable restrooms. User groups must coordinate placement o f portable restrooms with Parks and Recreation staff.
11. Storage – no group or individual is permitted to ma intain a storage unit (or similar object) on or around City facilities without written approval from the City.
12. Use of utility vehicles shall be allowed with the i ssuance of a permit from the City. Any person operating a utility vehicle on City property must possess a valid California Driver’s License and organization must provide the City of Visalia with a certificate of insurance covering operation of said vehicle.
8 13. Lights are available for some outside facilities. Light requests must be made ten (10) working days in advance and are subject to light fees at the time of reservation.
14. The City of Visalia encourages partnerships and vol unteerism to improve facility quality and maintenance, however in the absence of a writte n agreement, donations and/or contributions of time does not give an organization priority at any facility. Groups wishing to make alterations to facilities must subm it these improvement requests in advance to the City of Visalia Parks and Recreation Department. No groups will be allowed to make any alterations to any facility without first obtaining the City’s approval.
15. Scheduling – a maximum number of games per time slo t shall be determined by Parks and Recreation Department and shall be adhered to w hen preparing league game and practice schedules.
16. Wet Field Policy - The purpose of the policy is to guide the use of City athletic facilities and to prevent injuries to participants and damage to the playing surface brought upon by inclement weather and/or unsafe playing conditions. An effective facility maintenance program is essential for safe, quality fields and sport complexes. User groups are asked to help us by accepting and adhering to these rules. G roups who use City athletic facilities are expected to assist in protecting their particip ants and the facilities during periods of rain or inclement weather.
The City of Visalia reserves the right to cancel or suspend facility use permits when facility conditions could result in injury to players or cause damage to the facility.
Permits may also be cancelled when the health and s afety of participants are threatened due to impending conditions, including but not limi ted to, heavy rains, smog alerts or pesticide application.
During inclement weather, the City’s maintenance st aff will assess the playability of all city owned fields to determine if use will o ccur. The Director or designated representative shall have the authority to close an y/all fields owned and operated by the City of Visalia.
17. Banners - Organizations must obtain approval and/or permits prior to placing any signage or banners in any City of Visalia facility.
18. Users must pick up and remove any trash generated by their activity.
19. Good Neighbor Policy - The purpose of this policy i s to ensure that decisions regarding the use of City facilities, parks, and athletic com plexes and District sites are used in the best interests of the neighborhoods, sports organiz ations, and citizens of the City of Visalia. The city has established the following rul es and regulations to govern the use of the City’s facilities for the safe and pleasant enj oyment of participants and neighbors.
Every person is expected to abide by these rules or be subject to forfeiture of the security deposit and/or loss of the privilege of future use of the facilities. a. All litter and debris that may occur as a result of your event must be picked up and deposited into trash receptacles, when provided , or removed from the premises.
b. All groups are responsible for the condition in whi ch they leave the facility. Any excessive clean-up required by City crews following your use will be cause for forfeiture of all or part of your damage deposit.
c. No amplified music, use of musical instruments, rad ios, public address systems or other such noise allowed before 9:00am or after 8:0 0pm unless authorized by 9 special permit. In all parks, care shall be taken s o that speakers are not directed at residences.
d. Complaints from surrounding neighborhood residents as to noise level, litter and debris, and disregard for use of parking regulation s could result in cancellation of your reservation, forfeiture of security deposit, and denial of future facility use. e. No person shall park a motor vehicle in such a plac e or manner as would block or obstruct any gate, entrance, exit or resident driveway.
VIII. Cancellations
Cancellations must be made in writing and submitted to the Visalia Recreation Department at least ten (10) business days in advance of the sche duled use in order to be entitled to receive a refund (minus the processing fee). If it rains on the date of reservation, a full refund shall be credited to the user’s account. No refunds or credi ts will be given to facilities released after that time. Failure to release unused facilities sha ll be considered a violation of this Priority Use Policy. If a user fails to release unused faci lities, the permit may be revoked for the season and user will be assigned the last (or lowes t) priority for the immediate and following season.
IX. Failure to Comply with Facility Use Policies and Procedures In most cases, the City utilizes a three-strike policy for violations as follows:
First Offense: Written warning to the user group/in dividual and restitution for damages/costs if applicable.
Second Offense: Written notice of three day suspens ion and restitution for damages/costs if applicable.
Third Offense: Written notice of termination of any existing permits, loss of future rental/allocation privileges and restitution for damages/costs if applicable.
The City reserves the right to cancel any permit fo r non-compliance with City Policy, Rules or Ordinances regardless of the three-strike policy listed above.
Athletic Facility Rental Inspection Form
City of Visalia Parks and Recreation
Facility: ____________________________________________
Organization: ________________________ Start Date: ______________End Date: __________________
Employee Signature: ______________________________________Date: __________________ Organization Signature: ________________________________________ Date: __________________
Questions Yes No N/A Comments
Concession Area
1. Inside concession room was clean with no
stains
2. Storage closets were clean and empty with no
perishables
3. Electrical outlets are functional
4. Cabinets, doors, roll up doors are operable (not
broken)
5. Restrooms (toilets, hand dryer, sink) were
functional
6. Restrooms were clean
7. Outside concession building was clean with no
marks of tape or any other substance on the
wall
8. Overall, no excessive cleaning was required by
city staff after the season.
Outside Area
10. No garbage left in open grass area
11. No damage to premises, equipment, or tables
12. No stains or graffiti on the concrete or complex
13. Sponsorship banners taken down
14. Shade structures are intact and not ripped
16. Backstops are intact and not broken
17. Goals are intact and not broken
18. Equipment storage area is clean
Office Use Only:
Inspection Date ___________
Processed By: ______________________ Date: __________