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Staff Report.Use Agreement West Valley Red Hawks Lacrosse Club PREPARED BY: Meredith Johnston Administrative Technician Reviewed by: Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 02/21/2023 ITEM NO: 7 DATE: February 6, 2023 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Authorize the Town Manager to Execute a Use Agreement with West Valley Red Hawks Lacrosse Club RECOMMENDATION: Authorize the Town Manager to execute a Use Agreement with West Valley Red Hawks Lacrosse Club. BACKGROUND: West Valley Red Hawks Lacrosse Club (Red Hawks) is a non-profit, club-sponsored program run by volunteers and parent coaches established in 2004 to bring the sport of lacrosse to the Los Gatos-Saratoga area. Red Hawks is an affiliate of the Northern California Junior Lacrosse Association (NCJLA) and as such, its coaches, players, officials, and parents are required to abide by the United States Lacrosse “Code of Conduct” that embodies basic common-sense principles, demonstrates consideration of others, and projects a positive image to the boys and girls that participate in their programs. The Red Hawks were one of the community partners that supported the acquisition and development of the Creekside Sports Park. The Town entered into an agreement with Red Hawks on 7/16/2014 (Attachment 1) and this agreement expired on 6/30/2020. In accordance with Council action taken on April 21, 2020 (item #12), use charges were waived during 2020, 2021, and the first 6 months of 2022. A contract renewal was not executed during that period. The Red Hawks are interested in continuing to use the Creekside Sports Park. Should the Town Council agree, the draft agreement (Attachment 2) includes hours of use; responsibility for PAGE 2 OF 3 SUBJECT: Authorize the Town Manager to Execute a Use Agreement with West Valley Red Hawks Lacrosse Club DATE: February 6, 2023 BACKGROUND (continued): maintenance of the fields and adjacent grounds; use and maintenance of associated facilities and structures; storage of Red Hawks goods and equipment; and other related items. These terms are similar to past agreements with Red Hawks for Creekside. DISCUSSION: This Use Agreement is retroactive to July 1, 2022 and focuses on the terms for exclusive use at Creekside Sports Park. The main proposed terms of the agreement are as follows: 1. The term of the agreement is five years and may be extended for up to two additional five-year periods upon mutual written consent of the parties. 2. Red Hawks shall have exclusive use of the Premises, except bathrooms and parking, which are open to the public at large, only during those times and dates as shown on “Annual Schedules”. The Annual Schedule shall cover camps and classes for the Winter, Spring, Summer, and Fall sessions. 3. Red Hawks shall pay the Town of Los Gatos an Annual Use Fee of $6,500 for the use of the Premises. 4. Red Hawks shall pay the Town of Los Gatos a Facility Maintenance Fee (FMF) of $4.00 per participant per program or class offered by Red Hawks at Creekside Sports Park 5. Red Hawks shall perform maintenance as set forth in the Maintenance Responsibilities section of the Agreement. 6. Red Hawks shall comply, without limitation, with all applicable provisions of the Los Gatos Town Code, with special attention to Chapter 19, Parks and Recreation provisions. Red Hawks shall also comply with any park rules and regulations established by the Director of Parks and Public Works pursuant to Section 19.10.025(17) of the Town Code, including those rules set forth in Town of Los Gatos Park Rules and Regulations and Town of Los Gatos Creekside Sports Park Special Use Policies. Creekside Sports Park offers a large artificial turf field for year-round sporting activities and events. This agreement will allow the Red Hawks the ability to utilize 20% of the available hours at Creekside while Los Gatos United Soccer League’s agreement allows them the ability PAGE 3 OF 3 SUBJECT: Authorize the Town Manager to Execute a Use Agreement with West Valley Red Hawks Lacrosse Club DATE: February 6, 2023 DISCUSSION (continued): to utilize 80% of the available hours at Creekside. When the two sports clubs are not using the field, Creekside is open to the public. CONCLUSION: Staff is recommending that the Town Council authorize the Town Manager to execute a Use Agreement between the Town of Los Gatos and West Valley Red Hawks Lacrosse Club. FISCAL IMPACT: Approval of the use agreement with Red Hawks for the use of Creekside Sports Park would result in annual revenue of $6,500 and on July 1, 2023, and each anniversary thereafter, the Annual User Fee shall be adjusted according to the percent change in the U. S. Department of Labor, Bureau of Labor Statistics Consumer Price Index, All Items, All Urban Consumers, San Francisco-Oakland-San Jose, 1982-84-100 Index, plus $4.00 per participant per class or program. Payments will be made to the Town of Los Gatos by Red Hawks on an annual basis. ENVIRONMENTAL ASSESSMENT: The recommended action is not a project defined under CEQA, and no further action is required. Attachments: 1. Prior Use Agreement 2. Proposed Use Agreement between the Town of Los Gatos and West Valley Red Hawks Lacrosse Club