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HomeMy WebLinkAboutItem 7.2 DubLittleLeagueAgrmt CITY CLERK File # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 5, 2003 SUBJECT: Agreements Between the City of Dublin and Dublin Little League Report by Diane Lowart, Parks & Community Services Director ATTACHMENTS: 1) Agreement regarding Replacement of Infield Turf and Installation of Foul Poles 2) Agreement regarding Construction of Batting Cages RECOMMENDATION: ~'x~ Approve and authorize Mayor to execute Agreements FINANCIAL STATEMENT: Estimated cost to City $2,500. Sufficient funds have been included in the Fiscal Year 2003-2004 Park Maintenance Budget. DESCRIPTION: At the June 17, 2003 meeting of the Dublin City Council, the Council approved the request from Dublin Little League to undertake the following projects in City Parks: · Construction of Batting Cages at Dublin Sports Grounds · Replacement of Infield Turf on Field A at Emerald Glen Park · Installation of Foul Poles on Field A at Emerald Glen Park Staff has prepared the necessary agreements in order to proceed with these projects (Attachment 1 and 2). The agreements outline the responsibilities of both the City and Dublin Little League. It is the recommendation of Staff that the City Council approve the Agreements and authorize the Mayor to execute the Agreements. COPIES TO: Dublin Little League ITEM NO. ?.~ G:\COUNCIL~Agenda StatementsL2003\8-5 dll agrmnts.doc AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE REGARDING REPLACEMENT OF INFIELD TURF AND INSTALLATION OF FOUL POLES ON CITY PROPERTY This Agreement is entered into this __ day of ,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 proceed with the following improvements on Field A at Emerald Glen Park, a municipally-owned park: replacement of infield turf with a new type of turf (blue/rye mix) and installation of foul poles; 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 Ri.qhts and Responsibilities. A. CITY agrees and permits LITTLE LEAGUE to replace the infield turf and install foul poles on Field A at Emerald Glen Park located in the City of Dublin at the corner of Tassajara Road and Gleason Drive. The general location of Field A is 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. C. CITY agrees to oversee the project and be responsible for the following: mark out the area for removal of turf; perform soil tests for the addition of amendments; modify irrigation system; and supervise the final grading and installation of the new turf. LITTLE LEAGUE will provide CITY with all the necessary information in writing to enable CITY to prepare the site for replacement of the infield turf and installation of the foul poles. 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 August 5, 2003 REGARDING REPLACEMENT OF INFIELD TURF ON CITY PROPETY Page 1 of 3 ATTACHMENT 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. 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 and timing of the infield replacement and foul pole installation. 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 of the replacement of the infield turf and installation of the foul poles. 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 of 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 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 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 until the improvements have been accepted in writing by CITY ("final acceptance"), CITY agrees to accept the improvements at such time. AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE August 5, 2003 REGARDING REPLACEMENT OF INFIELD TURF ON CITY PROPETY Page 2 of 3 B. In the event that this Agreement is terminated or the property is disposed of by CITY, LITTLE LEAGUE shall remove the improvements related to the foul poles, 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 padies 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 AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE August 5, 2003 REGARDING REPLACEMENT OF INFIELD TURF ON CITY PROPETY Page 3 of 3 AGREEMENT BETVVEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE REGARDING CONSTRUCTION OF BATTING CAGES ON CITY PROPERTY This Agreement is entered into this __ day of ,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 construct two batting cages at Dublin Sports Grounds, a municipally-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 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 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 August 5, 2003 REGARDING CONSTRUCTION OF BATTING CAGES ON CITY PROPETY Page 1 of 3 ATTACHMENT 2 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 batting cages at no charge. Section 2. LITTLE LEAGUE Riqhts 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 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 of 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 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 against any 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 August 5, 2003 REGARDING CONSTRUCTION OF BATTING CAGES ON CITY PROPETY Page 2 of 3 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. 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 AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN LITTLE LEAGUE August 5,2003 REGARDING CONSTRUCTION OF BATTING CAGES ON CITY PROPETY Page 3 of 3