HomeMy WebLinkAboutReso 156-09 Little League Const BullpensRESOLUTION NO. 156 - 09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT BETWEEN CITY OF DUBLIN
AND DUBLIN LITTLE LEAGUE
REGARDING CONSTRUCTION OF BULLPENS
ON CITY PROPERTY
WHEREAS, Dublin Little League has requested permission to construct two bullpens at
Dublin Sports Grounds, amunicipally-owned park; and
WHEREAS, Dublin Little League desires to transfer ownership of such improvements to
City and City desires to accept the improvements upon completion by Dublin Little League and
final acceptance by City; and
WHEREAS, it is in the public interest to authorize the construction of such
improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approves the agreement (attached hereto as Exhibit A) with Dublin Little League for
construction of bullpens.
BE IT FURTHER RESOLVED that the City Manager is authorized to make non-
substantive changes to the Agreement and to execute the agreement.
PASSED, APPROVED AND ADOPTED this 20th day of October, 2009, by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
o ~ `
City Clerk
Reso No. 156-09, Adopted 10-20-09, Item 8.3 Page ? of 1
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AGREEMENT BETWEEN CITY OF DUBLIN
AND DUBLIN LITTLE LEAGUE
REGARDING CONSTRUCTION OF BULLPENS
ON CITY PROPERTY
This Agreement is entered into this _ day of , 2009 between the CITY OF DUBLIN, a
municipal corporation, hereinafter referred to as "CITY" and the DUBLIN LITTLE LEAGUE, anon-profit
organization, hereinafter known as "LITTLE LEAGUE".
RECITALS
WHEREAS, LITTLE LEAGUE has requested permission to construct two bullpens at Dublin Sports
Grounds, amunicipally-owned park; and
WHEREAS, LITTLE 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 bull pens 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: approve layout of the
location of the batting cages; coordinate equipment use during construction; and perform minor
modifications to irrigation system as needed.
D. 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.
AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE October 20, 2009
REGARDING CONSTRUCTION OF BULLPENS ON CITY PROPETY Page 1 of 3
EXHIBIT A
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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 bullpens. 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. Work performed under this Agreement is a public works project as defined by Labor Code
Section 1720(a), and is therefore subject to prevailing wage requirements under the Prevailing Wage Law,
Califomia Labor Code Sections 1720 et seq. LITTLE LEAGUE shall comply with, and verify compliance
with, this requirement in the administration of its contracts with any contractors.
D. 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.
E. 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 of the construction of the batting
cages. LITTLE LEAGUE shall name CITY as an additional insured.
F. LITTLE LEAGUE represents and warrants that the improvements, as fabricated and installed,
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.
G. 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. LITTLE LEAGUE shall further indemnify CITY, its
officers and employees against liability arising from LITTLE LEAGUE'S failure to comply with any
applicable laws, including but not limited to California Labor Code Sections 1720 et seq.
H. 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 against any loss occasioned as a result
of the performance of this Agreement by CITY.
I. LITTLE LEAGUE agrees to reimburse CITY for the costs it incurs in performing the duties
associated with the project identified in Section 1.C above.
AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE October 20, 2009
REGARDING CONSTRUCTION OF BULLPENS ON CITY PROPETY Page 2 of 3
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Section 3. Ownership of Improvements.
A. Ownership of the improvements and all risk of loss shall remain 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.
Section 4. Maintenance of Improvements.
A. Notwithstanding that CITY shall own the improvements upon its final acceptance, LITTLE
LEAGUE shall, at its sole cost and expense, and for a period of 10 years after the date of final acceptance,
maintain the improvements in a usable, safe condition, and to CITY'S reasonable satisfaction. If the CITY
determines that the improvements require maintenance, it shall provide written notice to Company of the
circumstances requiring maintenance. If LITTLE LEAGUE fails to so take steps to restore the
improvements to CITY'S satisfaction within thirty (30) days of such written notice, CITY may, at its sole
discretion, either perform the necessary maintenance itself, or remove the improvements, and LITTLE
LEAGUE shall reimburse CITY for all costs associated with such maintenance or removal. In the event
that the improvements are in a condition that presents an immediate risk of injury or harm, CITY may
conduct such repairs as are necessary to restore the improvements to a state that does not present a risk
of injury or harm to the public, and LITTLE LEAGUE shall reimburse CITY for all costs relating to such
repair.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement on
the date first written.
DUBLIN LITTLE LEAGUE CITY OF DUBLIN
By
President
Approved as to Form
By
City Attorney
1305875.1
By
City Manager
Attest:
By
City Clerk
AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE October 20, 2009
REGARDING CONSTRUCTION OF BULLPENS ON CITY PROPETY Page 3 of 3
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