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HomeMy WebLinkAbout2013-475 DEAPR - Hillsborough Youth Athletic Association $0 North Carolina Orange County LICENSE AGREEMENT This License Agreement ("Agreement") is made effective as of the 1 st day of March 2014 by and between the HILLSBOROUGH YOUTH ATHLETIC ASSOCIATION, INC. a North Carolina non-profit corporation having an address of P.O. Box 577, Hillsborough,NC 27278 ("HYAA") and ORANGE COUNTY,NORTH CAROLINA, a body politic and corporate, a political subdivision of the State of North Carolina, having an address of P.O. Box 8181, Hillsborough,North Carolina 27278 (the "County"). WITNESSETH: WHEREAS, in 1976, HYAA was incorporated in the State of North Carolina as an independent non-profit corporation by the filing of Articles of Incorporation with the North Carolina Secretary of State; and WHEREAS, HYAA is prepared for and desires to continue the administrative duties and operational responsibilities for the HYAA youth baseball and softball programs; and WHEREAS, the County desires HYAA to continue to provide the administrative duties and operational responsibilities for the HYAA youth programs; and WHEREAS, HYAA desires a license for the use of the County's baseball and softball facilities for HYAA's youth programs subject to the terms of this Agreement; and WHEREAS, the County desires HYAA to utilize the county's baseball and softball facilities for HYAA's youth programs subject to the terms of this Agreement; and WHEREAS, Cedar Grove Park is located at 5800 Hwy 86 N, Hillsborough,NC 27278; and WHEREAS, Efland-Cheeks Community Park is located at 117 Richmond Road, Efland, NC 27243. NOW, THEREFORE, for good and valuable consideration, and subject to the terms and conditions hereinafter set forth, the County does hereby license unto HYAA and HYAA does hereby accept as a provider of youth baseball and softball of the county the use of the County baseball and softball facilities as described more fully herein. hours prior to the beginning of tournament play. This applies to all entities with field reservations. (E) Any exception to this schedule by the County shall be conveyed at least 60 days in advance to HYAA and an alternate facility located and confirmed prior to change in schedule. HYAA will commit to providing a schedule of planned hours and days of actual usage as soon as schedules are finalized, but in no case less than five (5) working days in advance of both the Spring and Fall Seasons as defined in subsections A and B above; (F) In the event of a public emergency situation in which the Cedar Grove Park ball fields are needed for County use during a time scheduled for HYAA Cedar Grove field use, the County may temporarily suspend the terms of this Agreement without penalty to County or HYAA or such suspension being deemed a breach of this Agreement. (G) County hereby agrees not to schedule other events on the Cedar Grove Park ball fields during the times and dates set forth in sections 1(A-E) above. However, as a public park, the park shall remain open for other use by residents during operating hours. This Agreement does not connote exclusive rights for park usage beyond the facilities specified herein. Due to limited parking at the site, HYAA shall encourage car-pooling. County further agrees to make utilities (including power and water) available to HYAA to be included in the license rate and to provide HYAA with access to restrooms and water fountains at the Park during the times and days listed above If field lighting is needed, fees for lighting shall be $5.00 per hour for each field. Payment for any lighting shall be invoiced, and made within 60 days of the invoice. County reserves the right to temporarily restrict HYAA's access to the Park facilities until payment is received. It is the intention of HYAA to not require the use of field lights. However, during the Fall Season when games may conclude at dusk, this may result in an inability to complete post-game field grooming work as described in Section Six later in this Agreement EFLAND-CHEEKS COMMUNITY PARK BALL FIELD HYAA shall be permitted hereby to use Efland-Cheeks Community Park Field 1 as follows: (H) Every Saturday throughout the term of this Agreement, between the lst of March and the 31St of July during the hours of 9:00 AM - 7:00 PM (also known as Spring Season); and between the 1St of September through the 31St of October during the hours of 9:00 AM - 7:00 PM (also known as Fall Season), with the exception of one week in April and one week in September, when field aeration and top- dressing is performed, to be identified by the County prior to I"of March(Spring Season) and 1St of August(Fall Season)annually. HYAA shall utilize the Cedar Grove and Efland-Cheeks Community Park ball fields for the limited purpose of operating a youth baseball and softball program in Orange County. Any other use of the Cedar Grove and Efland-Cheeks Community Park ball fields must comply with all applicable federal, state and local laws and must be approved in writing by the County at least sixty (60) days prior to the intended use. Any such other use shall constitute an expansion subject to the terms set out in this Section Two. The County agrees to allow placement of two storage sheds owned by HYAA at the Cedar Grove Park, at a location designated by the County. The sheds and the contents of the shed will be the property of HYAA and removed at the time this agreement is no longer valid. The County agrees to allow HYAA to erect two non-permanent batting cages. The batting cages design and location at Cedar Grove Park must receive prior approval from Orange County. The County reserves the rights to have HYAA remove the batting cages where it is deemed necessary for County purposes. HYAA further acknowledges that any constructed batting cages will be open for general public usage during non-scheduled HYAA activities. Orange County agrees to allow HYAA to sell concessions or cause concessions to be sold, at HYAA scheduled events held at the Cedar Grove or Efland-Cheeks Community Park locations, at its discretion, HYAA will be required to obtain a vending permit($15.00 per date) from Orange County for each day/date/location where concession will be sold with vending fees from such concessions to help offset costs of field maintenance, increased materials, increased equipment use, breakage, and other costs that the County will or may incur as part of this Agreement unless other uses for said vending fees are developed. SECTION THREE ANNUAL PAYMENTS HYAA shall pay County for this license at the rate of$1,300 annually for the use of the three Cedar Grove Park ball fields, and the use of Efland Field 1 ball field, as outlined herein and through the term of this agreement. The $1,300 fee is payable in advance. The County shall submit to HYAA an invoice for the annual fee shall be levied 90 days prior to the first scheduled spring use of any ball field. HYAA shall make full payment by March 1 of the executed agreement. Should full payment not be received prior to the first scheduled spring use of any ball field the County may restrict access to all ball fields until such payment is made. SECTION FOUR TERM & TERMINATION This Agreement shall be valid for an initial period of one (2) years, beginning March 1, 2014. This term is renewable by County and HYAA upon mutual assent for an additional two (2) year term, up to two terms in advance prior to its natural expiration. County agrees to begin the process of renegotiation or renewal of the term in the summer of 2015, such that HYAA may know the intention of renewal by October 2015 for scheduling and planning purposes. HYAA shall provide the County with ninety days (90)prior written notice of its intention to renew the agreement. The County agrees to maintain the grounds including restrooms, fields, Perimeter fencing, bases, pitching mounds and rubbers and dugouts ensuring a safe environment. . HYAA will be responsible for lining and dragging of all fields before and between games. HYAA will purchase and apply field preparation materials (such as "Plus-5," "Turface" or other like materials). Final decisions on the availability of fields described herein, during or subsequent to rain events or adverse weather, will be made by the County Department of Environment, Agriculture, Parks and Recreation—in consultation with HYAA. Such decisions, to minimize field damage and maintain safe conditions, shall be made in consultation with a designated HYAA representative via a"walk-through" of the fields to be used prior to scheduled play. Efforts will be made to make such cancellation decisions in a timely manner which meets the interests of both parties. In February of each year, HYAA and County representatives shall meet for an annual "work day" at Cedar Grove Park to discuss the upcoming season, plan for service provision and go over conditions of use as described herein or in other County policies or ordinances. HYAA shall at all times exercise due diligence in the protection of County property against damage. Any property of the County that is damaged by direct use during scheduled use of the property shall be repaired or replaced by HYAA. SECTION SEVEN INSURANCE & GENERAL RELEASE HYAA shall obtain, at its sole expense, general liability insurance insuring against any and all losses at the Cedar Grove and Fairview Park ball fields as described herein during HYAA's use thereof. This policy shall provide coverage in the amount of no less than One Million Dollars ($1,000,000). Insurance policies shall be (1) endorsed to show Orange County as additional insured, as their interests may appear and (2) a copy provided to the County by HYAA. HYAA shall obtain from each of the participants or their legal guardians, a signed general release of liability form discharging the County from any liability for personal injury or property damage sustained during participation in the HYAA programs. SECTION EIGHT RELATIONSHIP OF PARTIES It is expressly agreed and understood that this License Agreement shall not operate or be construed to create the relationship of landlord and tenant between County and HYAA whatsoever. SECTION NINE SIGNATURE PAGE TO FOLLOW DATE(MM/DD/YYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 1 2/6/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WANED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTCT PRODUCER NAME: Cheryl Pettibone K&K Insurance Group,Inc PHONE 800-441-3994 FAX 1712 Magnavox Way (A/c,No.Ext): (A/C,No): P.O.Box 2338 ADDRESS: Cheryl.Pettibone @kandklnsurance.com Fort Wayne CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Nationwide Life Insurance Co. HILLSBOROUGH YOUTH A.A.BABE RUTH LG INSURER B: Nationwide Mutual Insurance Co. P.O.Box 577 INSURER C: Hillsborough, NC, 27278 INSURER D: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DL SUBIR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD MM/DD GENERAL LIABILITY EACH OCCURRENCE $1,000,000 B X COMMERCIAL GENERAL LIABILITY DAMAGE Nu nce PREMISES Ea occurre $ 300,000 CLAIMS-MADE X-JOCCUR X MED EXP(Any one person) $ 5,000 RPG-257083-00 02/01/2013 0210112014 PERSONAL&ADV INJURY $1,000,000 12:01AM 12:01 AM GENERAL AGGREGATE $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000 POLICY PROJECT LOC PARTICIPANT LEGAL LIABILITY $1,000,000 COMBINED AUTOMOBILE LIABILITY Ea Accident)SINGLE LI I $1,000,000 ANY AUTO BODILY INJURY(Per person) ALL OWNED AUTOS BODILY INJURY(Per accident)DAMAGE B SCHEDULED AUTOS RPG-257083-00 °12:01AM 021011AM R .de ) 12:01 AM Per accdent X HIRED AUTOS X NON-OWNED AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DEDUCTIBLE RETENTION WORKERS COMPENSATION WC STATU- OTHER AND EMPLOYERS'LIABLITY YIN TORY LIMITS ANY PROPRIETORSHIP/PARTNER/ ❑ E.L.EACH ACCIDENT EXECUTIVE OFFICER/MEMBER NIA EXCLUDED? E.L.DISEASE—EA EMPLOYEE (Mandatory In NH) If yes,describe under E.L.DISEASE—POLICY LIMIT DESCRIPTION OF OPERATIONS below PARTICIPANT ACCIDENT 02/01/2013 10,000 A SPP-257084-00 12:OtAM 02/01/2014 AD&D $ 12:01 AM PRIMARY MEDICAL $ 250,000 THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED,BUT SOLELY WITH RESPECT TO THE OPERATIONS OF THE NAMED INSURED. RE'. Owner,manager or lessor of the premises where you conduct practices or games SEXUAL ABUSE/MOLESTATION:$1,000,000 PER OCCURRENCE/$2,000,000 AGGREGATE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Evidence of Coverage THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County Parks and Recreation 300 West Tryon Street AUTHORIZED REPRESENTATIVE PO Box 8181 . " "t Hillsborough, NC 27278 , ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD