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HomeMy WebLinkAboutItem 5.2 DLL ReqBattingCages@DSG CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 28, 1994 SUBJECT : EXHIBITS ATTACHED : RECOMMENDATION ~ FINANCIAL STATEMENT : DESCRIPTION : Request from Dublin Little League to build batting cages at the Dublin Sports Grounds Report by Diane Lowart, Recreation Director A. Correspondence from M. Wong-Gillmore, President, Dublin Little League B. Location Map C. Draft Agreement 1. Approve request to build batting cages 2. Approve request for exclusive use of batting cages 3. Authorize Mayor to execute Agreement Cost to city: $1,025 Correspondence has been received from Marjorie Wong-Gillmore, President of Dublin Little League, requesting permission to build two batting cages at the Dublin Sports Grounds and exclusive use of the batting cages upon completion. As explained in the attached letter (Exhibit A), Little League had a successful fundraiser this past summer and have allocated funds to make improvements at the Dublin Sports Grounds. The Parks and Recreation Commission considered the request from Dublin Little League at their November 9, 1993 meeting. After a review of the preliminary plans for the batting cages, the Commission was in favor of granting Little League permission to construct the batting cages. However, since batting cages were not identified in the Dublin Sports Grounds Master Plan, the Commission directed Staff to work with Little League to identify a suitable location for the batting cages. The original location identified by Dublin Little League for the batting cages was on undeveloped property adjacent to Baseball Field #5. However, when it was determined that this location was on property owned by Dublin Information Inc., an alternate location on the Sports Grounds property between Baseball Fields #5 and #6 was identified by Staff. Although this site will not accommodate four batting cages as was originally proposed by Dublin Little League, they have acquiesced to the location and, if permission is granted, will build only two batting cages. Staff has reviewed the preliminary plans for the batting cages and believes that the construction of the batting cages can be accomplished by Little League volunteers. A draft agreement between the city and Little League has been prepared by Staff (Exhibit C). The draft agreement outlines the responsibilities of each party and is similar to the agreement the City Council recently approved with Dublin Little League for construction of score booths at the Sports Grounds. ITEM NO.~ COPIES TO: Dublin Little League Parks & Recreation Commission CITY CLERK As shown in the draft agreement, the city would be responsible for minimal site preparation, review and approval of the plans and specifications for the improvements, and inspection of the improvements. The estimated cost to the City is $1,025. Staff believes that this cost can be absorbed within the Dublin Sports Grounds Operating Budget. Dublin Little League would be responsible for providing the City with plans and specifications for the improvements, funding the cost of the improvements and constructing the improvements. With regards to the request for exclusive use of the batting cages, Staff has incorporated this condition into the agreement. However, Staff would recommend that the City not accept the improvements and require Little League to retain ownership of the improvements. Dublin Little League would also be required to maintain the batting cages and accept all liability for the batting cages. In summary, it is recommended that the City Council take the following action: 1. 2. 3. Approve request to construct two batting cages at the Dublin Sports Grounds Approve request for exclusive use of the batting cages Authorize Mayor to execute agreement EXHIBIT A DUBLIN LITTLE LEAGUE P.O. BOX 2037, DUBLIN, CA 94568 PHONE: 727-6646 DUBLIN CITY COUNCIL CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568 February 7, 1994 Dear Mayor Snyder & Council Members: As you know, Dublin Little League had a successful fundraiser this past summer with the operation of a fireworks booth for the Fourth of July. We allocated funds earned to make improvements at Dublin Sports Grounds, with the City's permission, to enhance our program. Over the past few months we have been working with the P&R Commission and the recreation department in our proposal to erect a batting cage facility at Dublin Sports Grounds. Enclosed please find renderings of our original plans for a four- unit cage which we are now proposing to consist of two stations. The proposed location is on Sports Grounds property, situated between fields 5 & 6 (previously the site of a warehouse which we will no longer be needing). We are hoping to have the facilities in place before the 1994 season begins, we are anxious to receive your affirmative response and approval to commence construction. Sincerely>., - M. /W .on~g~ Gil lmore "A NON-PROFIT YOUTH SPORT5 ORGANIZATION" Z EXHIBIT C AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE REGARDING CONSTRUCTION OF BATTING CAGES ON CITY PROPERTY This Agreement is entered into this 28th day of February, 1994 between the CITY OF DUBLIN, a municipal corporation, hereinafter referred to as "CITY" and the DUBLIN LITTLE LEAGUE, a non-profit organization, hereinafter referred to as "LITTLE LEAGUE". RECITALS WHEREAS, LITTLE LEAGUE has requested permission to construct two batting cages at Dublin Sports Grounds, a municipally-owned park; and WHEREAS, LITTLE LEAGUE desires to maintain ownership of such improvements upon completion and agrees to maintain the improvements in a condition acceptable to 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 corner 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 Public Works Director. A schematic of the proposed design is shown on Exhibit B, attached hereto and incorporated herein. C. CiTY agrees to be responsible for minor site preparation including irrigation modifications, grading and tree removal. 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 $1,025. 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 LEAGUE exclusive use of the batting cages at no charge. C. LITTLE LEAGUE precautions required measures necessary construction. Section 2. LITTLE LEAGUE Rights and Responsibilities. A. Prior to beginning work, LITTLE LEAGUE shall submit to CITY Public Works Director 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 Public Works Director. B. LITTLE LEAGUE shall notify the Public Works Director to obtain approval for the dates of construction. shall be responsible for taking all safety by the Public Works Director, including any to protect adjacent improvements during 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 of the 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 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 or nature whatsoever. 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 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 for 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. Section 3. Ownership of Improvements A. Ownership of the improvements and all risk of loss shall remain with LITTLE LEAGUE. B. Maintenance of the improvements shall be the sole responsibility of LITTLE LEAGUE. C. 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 CITY OF DUBLIN By President By Mayor Attest: By City Clerk Approved as to Fo~m By City Attorney Z ~xhibit_____B-1 Exhibit B-2 Exhibit B-3 Exhibit EXHIBIT C AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE REGARDING CONSTRUCTION AND MAINTENANCE OF BATTING CAGES ON CITY PROPERTY This Agreement is entered into this day of , 1994 between the CITY OF DUBLIN, a municipal corporation, hereinafter referred to as "CITY" and the DUBLIN LITTLE LEAGUE, a non-profit organization, hereinafter referred to as "LITTLE LEAGUE" . RECITALS WHEREAS, LITTLE LEAGUE has requested permission to construct two batting cages (hereafter "the improvements") at Dublin Sports Grounds, a municipally-owned park; and WHEREAS, LITTLE LEAGUE desires to maintain ownership of the improvements upon completion and agrees to maintain the improvements in a condition acceptable to CITY; and WHEREAS, it appears to be in the public interest to authorize the construction of the 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 corner 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 Public Works Director. A schematic of the proposed design is shown on Exhibit B, attached hereto and incorporated herein. C. CITY agrees to be responsible for minor site preparation including irrigation modifications, grading and tree removal. 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. I / // .�. 2 , D. Combined cost to CITY for work identified under section "C" above shall not exceed $1 , 025. 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 LEAGUE exclusive use of the batting cages at no charge. Section 2. LITTLE LEAGUE Rights and Responsibilities. A. Prior to beginning work, LITTLE LEAGUE shall submit to CITY Public Works Director 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 Public Works Director. B. LITTLE LEAGUE shall notify the Public Works Director to obtain approval for the dates of construction. C. LITTLE LEAGUE shall be responsible for taking all safety precautions required by the Public Works Director, 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 both the performance of the construction of the batting cages and in connection with the use of the batting cages on CITY property. (a) Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office form number GL 002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001. ) (b) Minimum Limits of Insurance. LITTLE LEAGUE shall maintain limits no less than: 1) General Liability: $1,000 ,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. • (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the LITTLE LEAGUE shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coverages. a. The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of LITTLE LEAGUE; products and completed operations of LITTLE LEAGUE, premises owned, occupied or used by LITTLE LEAGUE, or automobiles owned, leased, hired or borrowed by LITTLE LEAGUE. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b. LITTLE LEAGUE'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of LITTLE LEAGUE'S insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d. LITTLE LEAGUE'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. (e) Acceptability of Insurers. Insurance is to be place with insurers with a Bests' rating of no less than A: VII. t, U (f) Verification of Coverage. LITTLE LEAGUE shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) The Risk Manager of CITY may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the CITY'S interests are otherwise fully protected. E. 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 or nature whatsoever. 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 use of the batting cages and shall hold CITY harmless from and defend CITY against any loss occasioned as a result of the performance of this Agreement and the use of the batting cages by LITTLE LEAGUE. G. CITY shall indemnify LITTLE LEAGUE, its officers and employees against liability for 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. Section 3. Ownership of Improvements A. Ownership of the improvements and all risk of loss shall remain with LITTLE LEAGUE. B. Maintenance of the improvements shall be the sole responsibility of LITTLE LEAGUE. Failure to maintain improvements at a level acceptable to CITY may result in termination of the Agreement. C. 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. • Section 4. Termination This agreement may be terminated by CITY by giving LITTLE LEAGUE 60 days written notice in which event LITTLE LEAGUE shall remove the batting cages at no cost to CITY or leave them in place at CITY'S option. Provided, however, that LITTLE LEAGUE'S obligation under Section 2 (F) shall survive termination. 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 By President Mayor Attest: By City Clerk Approved as to Form By City Attorney