2000-148-Authorizing The Town Manager To Execute An Agreement With Los Gatos Little League For The Use Of Baggerly And Balzer Baseball FieldsRESOLUTION 2000 -148
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGREEMENT WITH LOS GATOS LITTLE LEAGUE
FOR THE USE OF BAGGERLY AND BALZER BASEBALL FIELDS'
WHEREAS, the Town owns two baseball fields, Baggerly and Balzer Fields, and
WHEREAS, the Town and Los Gatos Little League have reached a new agreement
setting forth in pecific terms the circumstances under which Little League may use said baseball
fields.
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Agreement with Los Gatos Little League for the use of
Baggerly and Balzer Baseball Fields, .attached hereto as Exhibit A, is hereby approved, and that
the Town Manager is authorized, and is hereby directed, to execute said agreement in the name
and on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regularmeeting of the. Town Council of the Town
of Los Gatos, California, held on the 18th day of December, 2000 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Randy Attaway, Steven Blanton, Sandy Declcer, Steve Gliclanan.
Mayor Joe Pirzynski.
None
None
None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
.ATTEST:
~~~~ V ~~
CLERK OF TH(~ TOWN OF LOS TOS
LOS GATOS; CALIFORNIA
OFFICE OF THEr~TrO~WN CLERK
AGR G~7•~/ /
.LICENSE .AGREEMENT FOR USE OF BAGGERLt~H
AND BALZER FIELDS WITH THE LOS GATOS LITTLE~~AGUE
REC
THIS LICENSE AGREEMENT is entered into this. day of , .. ,
andbetweenthe Town of Los Gatos, State of California ("Town"), and the Los ~ a ,
a California nonprofit corporation ("Licensee").
RECITALS
A. Town owns two {2) baseball facilities,. one located in Blossom Hill .Park and commonly
known as Baggerly Field, and the other located at 41 Miles Avenue and commonly known
as Balzer Field, each described more .fully below.
B. Licensee is organized and chartered under the rules ofLittle League Baseball, Inc,, and the
laws ofthe State of California, to provide organized baseball team practice and competition
for Los Gatos youth aged six. (6) to twelve {12).
C. Licensee has conducted operations at Baggerly and Balzer Fields under contracts with Town
since 1958.
D. Town and Licensee each desire that Licensee continue to conduct its program at Baggerly
.and Balzer Fields,
E. Town and Licensee each desire anew agreement between them setting forth in specific. terms
the circumstances under which Licensee may use Baggerly and Balzer Fields, responsibility
for maintenance of the fields, responsibility for the costs related to the use of the fields, .and
the circumstances under which Licensee may make capital improvements to the fields, but
excluding any terms concerning Licensee's use of facilities located at Fisher, Van Meter and
Blossom Hill Schools or the arrangements, if any, between the Town and the Los Gatos
Union School District concerning .maintenance of those facilities..
AGREEMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Premises .Licensed. The following is the Premises that is the subject of this License
Agreement:
{a) Baggerly Field at Blossom Hill Park, consisting of:
(i) One baseball diamond, including infield and outfield grass and dirt.
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(ii) Fences surroundingthe field of play,. including abackstop.
(iii) Bleachers.
(iv) One (1) electronic scoreboard.
(v) One. (1) common :building nc uding one (1) snack shack, one (1) storage
room and two (2) bathrooms.
{vi) Two (2) dugouts.
(b) Balzer.Field at 41 Miles Avenue, consisting of:
(i) One baseball diamond, including infield and outfield grass and dirt.
(ii) Fences surrounding the field of play, including a backstop.
.(iii) Bleachers.
{iv) One (1) electronic scoreboard.
(v) One (1) batting. cage.
(vi) One (1) common building including one (1) snack shack, one (1) storage
room and two (2) bathrooms.
{vii) Two (2) dugouts.
(viii) Parking ot.
2. Licensed Use of Premises. Licensee shall be entitled to use the Premises solely in a manner
consistent with Licensee's corporate purposes at the dates and times set forth herein:
(a) During the period between January 1 S and February 1, on .Saturdays and .Sundays
only from the time of the opening of the Premises pursuant to the policies and
procedures of the Town, exclusive use of the Premises, with the exception of the
bathrooms and parking facilities which shall be open to the public at .large.
(b) During the period between February 1 and July 15:
(i) On Monday through and including Friday, from the noon hour (12:00 p.m.)
to dusk, exclusive use of the Premises, with the exception of the bathrooms.
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and parking facilities which shall be open to the public at large.
(ii) On Saturdays and Sundays only, from the time ofthe opening ofthe Premises
pursuant to the policies and procedures of the Town, exclusive use of the
Premises, with the exception of the bathrooms and parking facilities which
shall be open to the public at large.
(c) During the period between July IS and July 31, as maybe agreed by the parties.
(d) During the periodbetween September l .and October 31, on Sundays only, from 1::00
p.m. until 4;00 p.m., exclusive use of the 'Premises, with the exception of the
bathrooms and parking facilities which shall be open to the public at large.
Term of License. Unless terminated early, this License Agreement shall expire no later than
five (5) years from , 2000 (the date of its execution by the Town of Los Gatos),
4. Maintenance. Licensee shall be responsible for maintaining the.Premises asset forth below.
(a) From .January 1S through July 31, including those times when Licensee does not
have exclusive use of the :Premises, Licensee shall be fully responsible 'for
maintaining the Premises, with the exception of the bathrooms and parking areas.
Such maintenance shall .include, but not be .limited to cutting, fertilizing, watering,
weed control, and, when necessary, replacing the :grass areas, dragging and filling
holes in the dirt areas, :repairing and replacing fences {only those that are considered
part of the Premises) and backstops., as necessary, cleaning and repairing scoreboards
and b eachers, repairing imgation facilities on the premises, cleaning and .painting
the premises, including snack shacks that shall be kept in a clean .and sanitary
condition and shall comply with all regulations regarding food services,. and
collecting and properly disposing of trash and recyclables. Licensee understands and
agrees that other persons or groups may use and potentially damage the Premises
during times when Licensee's use is nonexclusive, but that Licensee's maintenance
obligations under this License Agreement shall cover all uses of the Premises.
(b) From August 1 through January 14, Licensee shall pay its proportionate share of
Town's cost of maintaining the Premises, including the cost of providing water and
power, which the parties agree shall be $500. Town maintenance during this period
shall. be limited to that necessary for general park usage and shall .not include
maintaining the Premises to .meet any standards :for little league play. Town. shall
bear no responsibility for repairing or maintaining equipment or fixtures installed or
left on the Premises by Licensee.
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5. Capital Improvements and Ret~airs.
(a) Licensee shall not undertake any capital repairs or improvements to the Premises
without first obtaining he written consent of Town and without obtaining all permits
and approvals as required by Town Code, policies and guidelines, or as otherwise
required by law.
(b) Should it become necessary to make any capital repairs or improvements to the
common buildings of he Premises, including roof or plumbing repairs or
replacement, Licensee shall pay its proportional share of those costs which is ,hereby
agreed to be fifty percent (50%), but shall not exceed atotal oftwenty-five thousand.
dollars {$25,000) over the term of this License Agreement. In the event that the cost
of any capital repair or improvement exceeds five housand dollars :($5,000),
Licensee may make periodic .payments of the amount in excess of five thousand
dollars ($5,000) over the remaining term of this License Agreement. In nno event
shall any periodic payment be made in an amount less than five thousand do Lars
($5,000) per year. The necessity of such repairs or replacements shall be determined
at the sole discretion of Town, which shall ,provide Licensee with sixty (60) days
written notice of its intent to undertake any such project. Town shall make all
reasonable efforts to schedule repairs and replacements at dates and times that will
minimize impact on Licensee's operations, which shall include consulting with
Licensee prior to scheduling any such work. Licensee shall cooperate to the fullest
extent reasonable with Town's efforts to complete repairs or replacements. Town
shall invoice Licensee for its share ofrepairorrepiacement costs,.which shall bepaid
by Licensee within thirty (30) days of the invoice date.
(c) In no event shall Town be responsible for the cost of any capital improvements or
repairs to the Premises other than to the common buildings as described herein.
Licensee shall be solely responsible forall damage to the Premises or other property,
whether real or personal, including broken glass, resulting in any way from
Licensee's. use of the Premises. Licensee shall report to Town the occurrence of all
such damage within twenty-.four (24) hours of the occurrence, or, in the case of
damage occurring between 5:00 p.m. on Friday through dusk the followingSaturday,
by no later than 9:00 a.m. the following :Monday.
(d) Any capital improvements or repairs, whether undertaken or paid .for in whole or in
,part by Town or Licensee, shall be the sole property of Town and shall remain with
the Premises upon expiration or termination of this License.
b. Utility Costs. Except as provided in paragraph 4(b) of this License Agreement, Licensee
shall pay the costs of providing water and power to the Premises which is hereby agreed to
be one hundred dollars ($100.00) permonth. The parties shall renegotiate the amount to be
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paid by Licensee in the event of a significant increase in the .costs of providing water and
power to the Premises..
7. Paxment. .Licensee shall make aTl payments, whether or not invoiced by Town, required
pursuant to paragraphs 4, 5 and 6 herein on July 1 of each year that such payments are due.
All payments shall be made in the form of a cashier's check or other foam of payment
satisfactory to Town and shall specificallyreference this License Agreement. All payments
shall be mailed by first class mail or delivered in person and addressed as follows:
Town of Los Gatos
Attn: Finance Department
P.O. Box 655
Los Gatos, CA 95030
8. Assignment, .Licensee shall not assign any portion of this License, or allow any use of the
Premises by any other person or entity contrary to the terms of this. Licence Agreement,
without the prior written approval of Town. This prohibition shall not extend to any person
or entity using the Premises during the dates and times that use is not exclusive to Licensee.
9. Personal Property. Personal property of Licensee shall be Licensee's sole responsibility to
acquire, repair, replace and store. .Licensee shall remove its personal pproperty at the
expiration or termination of this License Agreement. Any personal property not so removed
shall become the sole property of Town.
10. Insurance.
{a) Minimum Scope of Insurance:
(i) Licensee agrees to have and maintain, for the duration of the contract,
General Liability insurance ,policies insuring the Licensee, its officers and
employees to an amount not .less than: one million dollars ($1,000,000)
combined single limit per occurrence for bodily injury, personal injury and
property damage. Insurance is to beplaced with insurers with a current Best's
rating of no less than B+,
_ (ii) Licensee agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy insuring he Licensee, its officers and
employees to an :amount not less than one million dollars :($!1,000,000)
combined single .limit per accident for bodily injury and property damage,
(iii) Licensee shall provide to the Town all certificates of insurance, with original
endorsements effecting coverage.
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(b) General Liability:
(i) The Town, its officers, officials, employees and volunteers are to be covered
as additional insureds as respectsto liability arising out of activities occurring
on or related to the occupancy and use of the Premises by the Licensee.
(ii) The Licensee's insurance coverage shall'be primary insurance as respects the
Town, its officers, officials, .employees and volunteers. Any insurance or
self-insurance maintained by the Town, its officers, officials, employees or
volunteers shall be excess ofthe Licensee's insurance andshall not contribute
with it.
(iii) Any failure to comply with reporting provisions of the policies shall not
affect coverage .provided to the Town, its officers, officials, employees or
volunteers.
(iv) The Licensee's insurance shall apply separately to each insured against whom
a claim is made or suit is brought, except with respect to the limits of the
insurer's liabili y. -
(c) All Coverages. Each insurance .policy required in this Paragraph 10 shall be
endorsed to state that coverage shall .not be suspended, voided, canceled, reduced in
coverage or in limits. except after thirty (30) days' prior written notice by certified
mail, return receiptrequested, has been givento the Town. The Licensee shal I ensure
that current certification of such insurance is on file at all times during he term of
this agreement with the Town Clerk.
(d) Workers' Compensation. In addition to these policies, Licensee shall have and
maintain Workers' Compensation insurance as required. by California law. Further,
Licensee shall ensure that :all contractors employed on the Premises by the Licensee.
provide the required Workers' Compensation insurance for their respective
employees.
(e) Property Insurance. Town shall .have no obligation to maintain any insurance on the
Premises or any personal property placed on the Premises. Licensee shall be solely
responsible for obtaining whatever insurance coverage that the Licensee believes
maybe appropriate to protect and indemnify the Licensee for loss to the Premises or
to any personal property that the Licensee may place on the ,Premises.
11. .Taxes. Licensee shall pay to the County of Santa Clara or the State ofCaliforna any and all
taxes that may be due .for use and occupancy of the Premises when the taxes are due, and the
Licensee shall pay all permit, .inspection, and license fees, and other public charges or
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assessments that arise .from the Licensee's use or improvement of the Premises during the
term of this License Agreement.
12. Indemnification. Licensee agrees to :indemnify, save harmless, and defend the Town, its
officers, employees, volunteers, and .agents, from and against any all claims or liability
arising from .any loss, damage,. or injury to ,persons or property occurring in or about the
Premises that arises out of or incident to the Licensee's use of the Premises, including rise by
anyone that the Licensee has permitted or allow to use the Premises. This obligation to
indemnify, save harmless, and defend applies whether or not the incident or c aim or liability
is or may be related to negligence on the part of the Town.
13. Damage and Destruction.
(a) Damage to or destruction of any portion of the Premises by any cause shall not
terminate this License Agreement or otherwise affect the respective obligations of
the two parties, any present or future law to the contrary notwithstanding, except
pursuant to the provisions of this Paragraph 12.
(b) If because of the destruction or damage to the Premises, the .Premises is enfirel-y
unsuitable or inadequate for the use specified herein, .Licensee shall be entitled to a
prorata rebate of the fee paid to the Town calculated by multiplying the daily fee by
the number of days remaining on the term of this License Agreement after the date
of the damage or destruction of the Premises.
(c) Under no .circumstances does the Town have any obligation to provide the Licensee
with an alternative property to conduct its operations, and the Licensee is solely
responsible for obtaining such insurance as the Licenseedeems appropriate to protect
.its interests should damage or destruction to the Premises occur.
14. Compliance. with Town Code. Licensee shall comply will all provisions of the Town Code,
including the provisions of Chapter 19 of the Code concerning Parks and Recreation, except
that Licensee shall not be required to obtain use permits.
15. Termination. Town may terminate this License at any time without cause upon thirty (3Q)
days advance written notice to Licensee.
(a) .Should Town terminate prior to the end of the term of this License. Agreement,
Licensee shall be entitled to a pro rata rebate of the amount equal to the daily fee
multiplied by the number of calendar days of the term remaining after the effective
date of termination.
(b) Licensee shall promptly terminate its use of the Premises at the termination of this
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License Agreement, leaving the Premises in the same condition it was received, in
good order and repair, reasonable wear .and tear and damage by the a ements
excepted. A11 improvements and alterations made by the Licensee shall become the
Premises of the Town upon termination of the License Agreement. Any
improvement, fixture or personal property not removed by the Licensee within thirty
(30) days of the termination of this License Agreement shall become the property of
the Town and may disposed ofas the Town in its sole discretion deems advisable.
16. No Property Rights. Nothing in this License Agreement is in any way intended to establish,
convey, create or otherwise grant to Licensee any form of property rights in the Premises,
nor shall such rights be established, conveyed, created or otherwise granted by Licensee's
use of the Premises pursuant to this License Agreement. Licensee hereby acknowledges that
it currently has no property interest in the Premises or any improvements thereto or fixtures
located thereon, and that any claim it may have to same is hereby and forever waived.
17. Notices. Notices to be given under this License Agreement shall be addressed as follows:
To the Licensee:
Steven D. Zavodnick, Esq.
16150 Jasmine Way
Los Gatos, CA 95032
To the Town:
Town Manager
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
Notices shall be delivered by first .class, postage prepaid mail or in person. If mailed, a
notice shall be deemed effective on the fifth day following deposit in the U.S. Mail.
18. Waiver. No failure onthe part of either party to exercise any right or remedy hereunder shall
operate as a waiver of any other right or remedy that party may have hereunder, nor does
waiver of a breach or default under this License Agreement constitute a continuing waiver
of a subsequent breach of the same or any other provision of this License Agreement.
19. .Entire Agreement. This License Agreement constitutes the complete and exclusive statement
of the License Agreement between Town and Licensee. No terms, conditions,
understandings or agreements purporting to modify or vary this License Agreement, unless
hereafter made in writing and signed by the party to be bound, shall be binding on either
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IN WI'T'NESS WHEREOF:
Tow of Los Gatos, by:
Debra J. n ,Town Manager
Approved as to Form:
~-
Orry orb, Town Attorney
Attest:
Clerk of the Town of
Los Gatos, Cali
an
Clerk
tos Litt ue,
0
Signature
Seven ~. ZaUod~~~~
Rrint Name
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