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Home My WebLink About3.1 Sports Ground Accpt Improv CITY CLERK File # D~[l2][m-[QJ[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 17, 2008 SUBJECT: Acceptance of Improvements - Dublin Sports Grounds Batting Cages Report by Diane Lowart, Parks & Community Services Director ATTACHMENTS: 1) Agreement Between City of Dublin and Dublin Little League Regarding Construction of Batting Cages on City Property RECOMMENDA nON: if'AccePI ownership of Dublin Sports Grounds Batting Cages Dt--. FINANCIAL STATEMENT: Value ofImprovements - $46,000 DESCRIPTION: In August 2003 the City of Dublin and Dublin Little League entered into an agreement regarding construction of batting cages at the Dublin Sports Grounds. As per the agreement (Attachment 1), Dublin Little League was granted permission to construct two batting cages at the Dublin Sports Grounds and, upon completion, transfer ownership of the improvements to the City. Construction of the batting cages by Dublin Little League is now complete and a final inspection of the improvements by the City has taken place. Consequently, it is recommended that the City Council formally accept the improvements. Staff would like to point out that while ownership of the improvements will remain with the' City of Dublin, the agreement allows Dublin Little League exclusive use of the batting cages at no charge. Additionally, the agreement provides that when Dublin Little League is split into two Leagues, that both Leagues shall have equal access to the batting cages. RECOMMENDATION: Staff recommends that the City Council accept ownership of the Dublin Sports Grounds Batting Cages and publicly acknowledge Dublin Little League for the improvements that they have constructed and transferred to the City. COpy TO: Dublin Little League Page 1 of 1 ITEMNO.~ G:\COUNCIL\Agenda Statements\2008\6-17 DLL Batting Cages. doc l\ / .. III >0,; .... ;. I tlf (' AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE REGARDING CONSTRUCTION OF BATTING CAGES ON CITY PROPERTY This Agreement is entered into thi~ay of AUCtUSI.2003 between the CITY OF DUBLIN, a municipal corporation, hereinafter referred to as "CITY" and the DUBLIN LITTLE LEAGUE, a non-profit organization, hereinafter know as "LITTLE LEAGUE". RECITALS WHEREAS, LITTLE LEAGUE has requested permission to constru"ct two batting cages at Dublin Sports Grounds, a municipal/y-owned park; and WHEREAS,L1TTLE LEAGUE desires to transfer ownership of such improvements to CITY and . CITY desires to accept the improvements upon completion by LITTLE LEAGUE and final acceptance by CITY; and . ,; WHEREAS, it appears to be in the public interest to authorize the construction of such improvements. . . NOW, THEREFORE, LITTLE LEAGUE AND CITY mutually agree as follows; AGREEMENT Section 1. CITY Rights and Responsibilities. A. CITY agrees and permits LITTLE LEAGUE to construct two batting cages at Dublin Sports Grounds located in the City of Dublin at the comer of Civic Plaza and Dublin Boulevard. The general location of the batting cages shall be in the areas shown on Exhibit A, attached hereto and incorporated herein. ',B. The plans, specifications, location. and manner of work shall be subject to review and prior . written approval by the Parks & Facilities Development Coordinator. A schematic of the proposed design is shown on Exhibit B. attached hereto and incorporated herein. C. CITY agrees to oversee the project and be responsible for the following: layout of the location of the batting cages; schedule Underground Services Alert inspection; coordinate equipment use during construction;' modify irrigation system; provide electrical source and conduit; install landscape screening as needed. LITTLE LEAGUE will provide CITY with all the necessary information in writing to enable CITY to prepare the site for construction of the batting cages.' . D. Combined cost to CITY for work identified under section "C" above shall not exceed $1,250. AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE REGARDING CONSTRUCTION OF BATTING CAGES ON CITY PROPETY ATTACHMENT 1 August 5, 2003 Page1of3 /(1-710~ -;: -f~ -FF .3' l k? . . .. .;f. ! ;~" - . '1 E. Final inspection of the improvements by CITY shall take place within five (5) working days after written request by LITTLE LEAGUE. Final completion shall occur upon correction of all items noted in the final inspection. .""".. . F.CITY agrees to allow LITTLE LE~GUE exclusive use of batting cages at no charge. Section 2. LITTLE LEAGUE Rights.and Responsibilities. A. Prior to beginning work, LITTLE LEAGUE shall submit to CITY Parks & Facilities Development Coordinator plans and specifications identifying the method. timing. and locations of the batting cages. The plans shall be in enough detail to assure that the project will be constructed.in a sound manner. Actual construction shall be in accordance with plans approved by the Parks &' Facilities Development Coordinator. B. LITTLE LEAGUE shall notify the Parks & Facilities Development Coordinator to obtain approval for the dates of construction. C. LITTLE LEAGUE shall be responsible for taking all safety precautions required by the Parks & Facilities Development Coordinator, including any measures necessary to protect adjacent improvements during construction. . D. LITTLE LEAGUE shall provide CITY with evidence of public liability insurance in an amount not less than $1,000,000 combined single limit per occurrence against claims for injuries to persons or damage to property which may arise from or in connection with the performance ofthe construction of the batting cages. LITTLE LEAGUE shall name CITY as an additional insured. E. LITTLE LEAGUE represents and warrants that the improvements, as fabricated andJnstalled, will be free from any defects in materials and workmanship, and that the improvements are free and clear 'of any liens or encumbrances from any source and of any kind of nature whatsoever. c . F. LITTLE LEAGUE shall indemnify CITY, its officers and employees against liability for injury or damage caused by a negligent act or omission of LITTLE LEAGUE in the performance of this Agreement and shall hold CITY harmless from and defend CITY against any loss occasioned as a result of the performance of this Agreement by LITTLE LEAGUE. G. .CITY shall indemnify LITTLE LEAGUE, its officers and employees against liability from injury or damage caused by a negligent act or omission of CITY in the performance of this Agreement and shall hold LITTLE LEAGUE harmless from and defend LITTLE LEAGUE againstany loss occasioned as a result of the performance of this Agreement by CITY. '. H. LITTLE .LEAGUE agrees that when the LITTLE LEAGUE is split into two LEAGUES that both LEAGUES shall have equal access to the batting cages. Section 3. Ownership of Improvements. AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE REGARDING CONSTRUCTION OF BATTING CAGES ON CITY PROPETY August 5, 2003 Page 2 of 3 .. . ~ .. 3'fJ . A. Ownership of the improvements and aI/risk of loss shaUremain with LITTLE LEAGUE until the improvements have been accepted in writing by CITY ("final acceptance").. CITY agrees to accept the improvements at such time. '. B. In the event that this Agreement is terminated or the property is disposed of by CITY, LITTLE LEAGUE shall remove the improvements, or any portion thereof, and restore the property to' at least as good a condition as existed prior to the installation of said.improvements, normal wear and tear excepted. This paragraph shall terminate 15 years after the date of this Agreement. . IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement on the date first-written. DUBLIN LITTLE LEAGUE ..~ President By ::est~~cL 'ty Clerk Approved as to Form By {gcu?L. ]i ~ };~ City Attorney AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE REGARDING CONSTRUCTION OF BATTING CAGES ON CITY PROPETY August 5,2003 Page 3 of3