01-02-1996 - West Covina Youth Pony Baseball Agreement•;ity of-1Vrst Curi�ta
Memorandurn
TO: City Council and City Manager
FROM: Human Services Department
AGENDA
ITEM NO. c-rc
DATE January 2, 1996
SUBJECT: WEST COVINA YOUTH PONY BASEBALL AGREEMENT
Summary: Staff has prepared an Agreement to guide the installation dnd use of certain
improvements to the ballfields at Coronado High School by the West Covina Youth Pony
Baseball League.
BACKGROUND
The West Covina Youth Pony Baseball League requested funding for certain improvements at the
ballfields at Coronado High School, to help them provide recreation services to the community.
The City Council approved an allocation. of $39,000 for the installation of new fencing on the
ballfields, the purchase of new bleachers, the construction. of a storage and snack window block
building, and some shade trees. These items are included in the City's 1995-96 Capital
Improvement Program pending School District approvals.
ANALYSIS
Similar to other agreements with the School District,, the proposed agreement describes the
responsibilities of the Youth Pony League, the West Covina Unified School District, and the City.
The Agreement has a term of 10 years that can be continued on a year-to-year basis thereafter,
with the mutual consent of all parties. A repayment schedule over the initial 10 years of the term
is included in the event the League is no longer able to . play or loses access to the ballfields and
facilities at Coronado High School.
Copies of this Agreement have been sent to Youth Pony Baseball League and the West Covina
Unified School District for their comments and approvals. Staff has met with the Youth Pony
Baseball League to confirm the desired improvements.
The Joint City and School District Committee has briefly discussed the improvements at
Coronado with the understanding that Coronado High School may be opened as an elementary
school in the future which would require removal of some of the baseball fields and related
facilities such as fencing and a batting cage.
IMPROVEMENTS
1. Construction of a storage and snack window building ................................ $ 25, 000
2. Purchase and installation of aluminum bleachers .......................................... $10, 000
3. Installation of fencing at both ballfields to increase height of the fence......... $ 2,000
4. Planting of shade trees adjacent to ballfields................................................ $ 2,000
RECOMMENDATION
That the City Council approve the Coronado Ballfields Agreement and, authorize the Mayor to
sign the Agreement pending West Covina School District approval.
Gus Salazar
Human Services Director
GS:ek WCYPBAGR
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CORONADO BALL FIELDS AGREEMENT
This Agreement is made and entered into this day of , 1996,
by and between the City of West Covina (hereinafter "CITY") and the West Covina Unified
School District (hereinafter "DISTRICT") and the West Covina Youth Pony Baseball League, a
California non-profit public benefit corporation (hereinafter "LEAGUE").
RECITALS.
1. DISTRICT allows the after-hours use of the ballfields located at its Coronado High
School campus by LEAGUE pursuant to a "Facility Use Agreement".
2. CITY has granted to LEAGUE the funds necessary -to install additional ballfield fencing,
snack and storage building and bleachers serving the baseball fields at Coronado High
School in order to further recreation services to the community.
3. DISTRICT will not be required to expend its funds in excess of current maintenance
obligations.
4. The parties now wish. to ensure that the ballfields will remain available to the LEAGUE
contingent on LEAGUE's ability to maintain the fields clean and free of trash after their
use.
TERMS
1. The recitals set forth above constitute an integral part of this Agreement.
2. Term. This Agreement shall commence on January 17, 1996 and terminate on January
30, 2006, and continue thereafter on a year-to-year basis with the .mutual written consent
of all parties..
3. Funding. As consideration for the recreational services provided to the public pursuant
to this Agreement, CITY shall pay LEAGUE a not -to -exceed total of $37,000. Funds will
be dispersed after invoices are presented to the CITY showing the cost of work and
materials necessary to construct improvements at-, a ballfields.
4. Improvements. Using the funds set out in #3 above, LEAGUE shall install new fencing,
a new snack and storage building, bleachers, and trees adjacent to the ballfields on the
Coronado High School campus in accordance with plans and specifications approved by
the DISTRICT.
5. Ownership of Improvements. DISTRICT shall retain ownership of permanent
improvements made under this Agreement as discussed in #4, above.'
6. Continuing Use of Ballfields. Notwithstanding the one-year term of the "Facility Use
Agreement", in consideration of the funding and construction of the baseball facilities,
DISTRICT agrees that LEAGUE or other baseball leagues within the CITY shall have the
first priority on after-hours use of the ballfield during the term of this Agreement
contingent upon their compliance with all other terms and conditions of the Facility Use
Agreement, including but not limited to clean up of the field after their use.
7. Energy Costs.
(a). LEAGUE shall be responsible for all energy and other utility charges and costs of
operation and maintenance of the snack and storage building. Electricity and other utilities
shall be metered in the LEAGUE's name.
(b). During the times LEAGUE is not using the ballfields, DISTRICT may make the
ballfields available for use by other baseball leagues or groups with DISTRICT -approved
Facility Use Agreement and their agreement to pay for energy charges.
(c). LEAGUE shall accommodate any reasonable request by DISTRICT for use of the
ballfield facilities, contingent on DISTRICT's payment of any energy charges it may incur.
Should DISTRICT determine that it needs to use the ballfields more frequently, the parties
to this Agreement shall renegotiate this Agreement to provide for use by LEAGUE and
DISTRICT.
8. Maintenance. LEAGUE shall be responsible for maintaining the ballfield areas clean and
free of trash and debris during the baseball season and post -season tournaments and any
other time LEAGUE is in session.
9. Indemnification. Notwithstanding the limits of any insurance, LEAGUE shall indemnify,
defend, and hold harmless CITY and DISTRICT and their officers, agents, employees, and
volunteers from and against any and all liabilities, claims, or demands arising or alleged to
arise as a result of the LEAGUE's performance and use under this Agreement. LEAGUE
shall add CITY and DISTRICT as an additionally named insured to its insurance policies
in an amount and manner acceptable to CITY and DISTRICT. The parties hereto
acknowledge and agree that DISTRICT has and will continue to permit other.uses of the
high school and agree that LEAGUE does not control access to the school facilities.
LEAGUE shall have no responsibility for vandalism, fire or malicious mischief, unless
caused by LEAGUE's activities, guests, invitees, teams, or coaches scheduled by
LEAGUE to use the baseball facilities.
10. Termination. This Agreement may be terminated before its expiration date unless
otherwise provided in this Agreement by either CITY, DISTRICT, or LEAGUE only for
breach of a material term or condition hereof or pursuant to Section 12. In the event that
during the term of this Agreement, LEAGUE fails to use the ballfields for the purposes se-r
out here, LEAGUE shall be responsible for repaying CITY for the funds expended to
construct the ballfield improvements provided for herein in a decreasing amount equal to
10 percent per year over the 10-year term of this Agreement.
11. Agreement Non -Transferable. LEAGUE may not transfer or assign this Agreement
without the prior written consent of DISTRICT and CITY. In the event of an approved
assignment, all terms and conditions of this Agreement shall be binding on the successors
or assigns. Unapproved assignment shall be cause for immediate termination by CITY or
DISTRICT and repayment to CITY. of funds expended for the improvements to the
balllfield facilities at Coronado High School.
12. Alternate Disposition of the School Site. In the event that the DISTRICT's educational
program requires that the DISTRICT utilize the school for a larger or different program,
sell the site, or' otherwise use the site differently, the DISTRICT may, terminate this
Agreement without incurring any liability, with a one -year's notice to the LEAGUE and
CITY of such alternate use.
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13. Miscellaneous.
(a). No waiver of any term or condition of this Agreement shall be a continuing waiver
thereof.
(b). Notice to LEAGUE, DISTRICT, or CITY shall be deemed given when placed in
the U.S. mail, first class, certified, return receipt requested, addressed as follows:
DISTRICT: School Superintendent
West Covina Unified School District
1717 W. Merced Avenue
West Covina, CA 91790
CITY: Human Services Director
City of West Covina
1444 W. Garvey Avenue
Post Office Box 1440
West Covina, CA 91793
LEAGUE: President
West Covina Youth Pony League
P. O. Box 5201
West Covina, CA 91793
(c). Should any party to this Agreement deem any other party to be in breach of its
obligations hereunder, such party shall give thirty days' written notice to cure such breach
before this Agreement may be canceled.
(d). In the event any party to this Agreement shall bring an action to enforce it, the
prevailing party in such litigation shall be entitled to reasonable costs and attorney's fee. as
awarded by the court.
(e). CITY and DISTRICT agree that the officers and directors of the LEAGUE shall
not be held individually liable .for a breach of this Agreement except for their own, torts,
nor shall the officers a j' directors of the LEAGUE be personally responsible for the
repayments of funds as set forth in # 10, above.
(f). The Agreement sets forth all other understandings of the parties, and supersedes
any oral or earlier agreements. Any modification hereof must be in writing and approved
by all parties.
(g). LEAGUE's officers, agents, and employees are unrelated to CITY and DISTRICT
and shall be deemed to be. neither joint venture nor employees of CITY or DISTRICT as a
result of this Agreement.
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WEST COVINA YOUTH PONY BASEBALL
President Date
------------------------------- ------------------------------
WEST COVINA UNIFIED SCHOOL DISTRICT
President, Board of Trustees Date
--------------------------------------------------------------
CITY OF WEST COVINA
Mayor
ATTEST
City Clerk
APPROVED AS TO FORM
City Attorney
COROAGRE
GS:ek
12/26/95
Date
Date
Date
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