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HomeMy WebLinkAboutPasco Youth Football 07.15.11 to 12.31.21FACILITY USE AGREEMENT BETWEEN CITY OF PASCO AND PASCO YOUTH FOOTBALL THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City ", and Pasco Youth Football, hereinafter referred to as "Association." WHEREAS, the Association is successor in interest to that certain Agreement between the City and Pasco Grid Kids Football Association, executed October 19, 1987, for development and use of the facilities at Highland Park; and WHEREAS, the parties desire to enter into a new Agreement that incorporates changes and circumstances over time including, but not limited to, changes in applicable laws and regulations; and WHEREAS, the City has received approval of this agreement from the Washington State Recreation and Conservation Office (RCO), successor to the IAC; WHEREAS, the Association has performed well with its responsibilities in operating a successful youth football program in the City of Pasco, and the City believing it to be in the best interest of its citizens to allow the Association to continue its operations. NOW, THEREFORE, the parties, based upon the mutual promises and covenants contained herein, do agree as follows: 1. Use of Premises. Subject to the provisions of this Agreement, the City hereby authorizes the Association to use the premises described in Exhibit "A" attached hereto, which Exhibit is incorporated by reference into this Agreement as if specifically set forth. Unless earlier terminated, the term of this Agreement shall be for a period of Ten (10) years, beginning at the execution of this Agreement and ending on 12/31/2021. 2. Improvements. The City shall be responsible for striping of the football fields, with the Association paying the cost of the paint, on a seasonal basis as needed for its operations. The Association is responsible for making any other necessary improvements. All capital improvements to the premises shall require prior written consent of the City's Administrative & Community Services Director. In the event the Association places any property owned by the Association on the premises such as bleachers or other removable items, the premises shall be left in an undisturbed condition upon removal of such items. The Association shall pay for all maintenance and repair expenses related to any improvements made by the Association upon the premises. Facility Use Agreement - 1 The City shall pay the costs of utilities including electricity, water and garbage. All improvements provided by the Association during the term of this Agreement, shall be available for use by the general public. 3. Use Requirements. The Association agrees that: A. The premises shall be maintained by the parties according to the responsibilities of each set forth herein, so as to appear attractive and inviting to the public. B. Sanitation and sanitary facilities shall be maintained in accordance with applicable state and local health standards. C. The premises shall be kept reasonably safe for public use. D. Buildings, roads, trails, and other structures and improvements shall be kept in reasonable repair throughout their estimated lifetime, so as to prevent undue deterioration and not to discourage public use. E. The premises shall be kept open for public use when not being used by the Association for its practices and games. F. All standards set forth in the Bureau of Outdoor Recreation, United States Department of the Interior (BOR) Manual shall be complied with. G. The Association shall not discriminate against any person on the basis of residence in the use of the premises. 4. Fees and Income. The Association is prohibited from charging a fee of any kind for use of the premises by the public. Any income derived from the premises by the Association, including any concession stand constructed thereon and operated during Association games, must be used first to offset expenses of operation and maintenance of the premises and facilities developed thereon and also may be expended by the Association for uniforms, equipment and other items and activities of the Association, and if any funds thereafter remain, such funds may be given to the City, in trust, for park and recreational capital acquisition and development in the City. The Association shall grant all reasonable requests by the City to examine its books and records for purposes of compliance with this section. In addition, the Association shall provide the City with an annual statement, itemizing income by sources, expenses, and expenditure of income. 5. Interagency Committee for Outdoor Recreation (IAQ Required Conditions of Lease. The Association understands that the City is responsible to the RCO, successor to IAC, and that the Association cannot take any action which is inconsistent with applicable State and Federal requirements. Specifically, the Association agrees that: Facility Use Agreement - 2 A. In order to protect the public interest, the City must have the ability to periodically review the performance of the Association and terminate this Agreement if its terms and provisions and the provisions of the Grant Agreement between the City and the IAC, including standards of maintenance, public use, and accessibility are not met. Therefore, the City may terminate this Agreement by giving the Association thirty (30) days written notice of the breach of this Agreement or noncompliance with the terms and conditions of the Grant Agreement and if the Association fails to correct the breach or deficiency within the thirty (30) day period of time, this Agreement shall automatically terminate. B. . The premises must be operated by the Association for public outdoor recreation purposes in compliance with the provisions of the Project Agreement between the City and the IAC and all implementing guidelines. C. The premises shall be identified as being publically owned and operated as a public outdoor recreation facility on all signs, literature, and advertising and the Association shall be identified as a Lessee /Concessionaire, so as not to mislead the public into believing that the area is private. All signs placed on the premises must be posted identifying the facility as being open to the public in accord with Section 07.14 of the IAC Administration Manual. D. No fees for use of the premises shall be charged by the Association without the approval of the City and all such fees charged to the public must be competitive with similar facilities. E. Prior to the execution of this Agreement between the City and the Association, this Agreement must be reviewed and approved by RCO staff. 6. Discrimination Prohibited. In the course of using facilities under this Agreement, the Association shall not discriminate against any person on the basis of race, color, religion, age, sex, national origin or physical handicap. The Association understands and agrees to comply with the City's Nondiscrimination in Community Athletics Policy, and with the Fair Play in Community Sports Act. 7. Health and Safety. The Association agrees to remain apprised of all industry health and safety standards, and to abide by them. The Association agrees to maintain a safe environment for participants. In the event the Association suspects a youth participant has sustained an injury, including but not limited to concussion or other head injury, the youth participant shall be removed from participation immediately and the participant's parents or guardians shall be contacted immediately. In the event of an emergency relating to the health and safety of participate or otherwise, Association shall call 911 and report the emergency immediately. Facility Use Agreement - 3 8. Use Priority. The Association shall have the priority in the use of the premises for its games and practices during the months of February through May and August through November of each year of this Agreement. Other events or league play can be scheduled through Recreation Division. 9. Highland Park Restroom. The Association shall be responsible for making the restrooms neat and tidy after each use of the premises by the Association. The City shall be responsible for regular general cleaning of the restrooms. The City retains the discretion as to the times and hours of use of the restroom, if any, by the public and the Association. 10. Garbage Can and Container Pickup. The Association shall be responsible for cleaning the premises of litter after each use of the premises by the Association and on such a regular basis as to keep the premises attractive to the public. The City shall be responsible for providing garbage cans and garbage container pickup. 11. Non - Association. The City is not a sponsor or a participation or in association with the Association's Youth Football Program. City has no supervisory responsibility of the program. The Association, its officers, members and agents shall be responsible for all direction, administration, supervision, training and coaching. Permission forms for participation in the Association Football Program shall contain a provision holding the City, its officers, employees and agents harmless from any loss or injury sustained in games or practices on the premises. 12. Inspection of Premises. The Association by its officers, members or agents, shall be responsible for inspection of the premises before and after each use of the premises by the Association for its safety and suitability for use for Association. The Association shall immediately notify the City's Recreation Services Manager of any safety problems. The Recreation Services Manager may suspend or modify use of the premises by the Association until the safety problem is corrected. 13. Insurance. Association agrees to procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the use of the facilities. A. No Limitation. Association maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Association to the coverage provided by such insurance or otherwise the City's recourse to any remedy available at law or in equity. B. General Liability Insurance. The City shall be named as an insured on Association's General Liability Insurance policy. The General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Facility Use Agreement - 4 The insurance policy shall be endorsed to contain that the Association's insurance coverage shall be primary insurance as respects the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be in excess of the Association's insurance and shall not contribute with it. The Association shall provide a certificate of insurance and endorsement evidencing the required insurance before using the facility. 14. Indemnification/Hold Harmless. Association shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of the facility referenced herein, or from any activity, work or thing done, permitted, or suffered by Association in or about the facility, except only such injury as shall have been occasioned by the sole negligence of the City. 15. Assignment and Sublease. This Agreement is personal to Association and cannot be transferred, assigned or subleased without the prior written consent of City. 16. Notices. All notices given under this Agreement shall be given to the following representatives of the parties at the following addresses: City of Pasco Pasco Youth Football 525 North P Attn: Victor Hart PO Box 293 PO Box 3106 Pasco WA 99301 Pasco WA 99301 17. Nonwaiver. Wavier by either party of strict performance of any provisions of this Use Agreement shall not be a waiver of or prejudice to the party's right to require strict performance of the same provision or of any other provision in the future. 18. Severability. If any term or provision of this Agreement are invalid or are unenforceable, the remainder of the Agreement shall not be affected and will continue in full force. 19. Governing Law. In the event of a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs. 20. Termination. This agreement may be terminated by either party with at least 9 Months written notice. 21. Entire Agreement. This Agreement contains the entire agreement between the parties. No modification of this Agreement shall be binding upon the parties unless evidenced by an agreement in writing signed by the City and the Association after the date hereof. Facility Use Agreement - 5 Date: -7-J _l ASSOCIATION,;, Pasco Youth oo b 11 Date: ! _Z // STATE OF WASHINGON County of Franklin On this day personally appeared before me GARY CRUTCHFIELD, City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. 'a. G IVEN;under`my hand and official seal this day of , 2011. Print Name q Yl.ct: -e Q -'•9r JC • '� Notary Public in nd for the State of Washington r,;;. ��t�• ;a° Residing at 'o-SCC) �a My Commission Expires r,r�d8�i�a��3 STATE OF WASHINGTON ss County of Franklin ) On this day �p^ersonally appeared before me y[/�`1-� d- V Tim r of V"( 6co qc- I YI �}' �r described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. ••1s, GIVENe4kd.�,j my hand and official seal this day o >�' , 2011. A R Y < Print Name SCkn /t w * P$LIC : * - Notary Public in-and for the tate of Washington Residing at FRS CCD z:N•;.' „a ro Z, My Commission Expires Facility Use Agreement - 6 1 0', r.4 Z �Z V