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HomeMy WebLinkAbout2015-615 DEAPR - Hillsborough Youth Athletic Association Lease Agreement ass ors i DEhA� North Carolina Orange County LICENSE AGREEMENT This License Agreement("Agreement") is made effective as of the 1 st_day of March 2016 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. WHEREAS, Fairview Community Park is located at 195 Torain Street, Hillsborough,NC 27278. 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. f SECTION ONE GRANT OF LICENSE: DESCRIPTION OF PREMISES AND HOURS OF OPERATION County hereby grants to HYAA a license for usage of the three County-owned ball fields at Cedar Grove Park, two ball fields at Efland-Cheeks Community Park, and one ball field at Fairview Park as identified heretofore. PART I CEDAR GROVE PARK BALL FIELDS HYAA shall be licensed hereby to use the three fields at Cedar Grove Park, as follows: (A) Every Saturday throughout the term of this Agreement, between the 1St of March and the 31 St of July during the hours of 9:00 AM- 9:00 PM (also known as Spring Season); and between the 1St of September through the 31 St of October during the hours of 9:00 AM - 9:00 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 1St of March (Spring Season) and 1St of August (Fall Season)annually; and one Saturday in September for an annual charity softball tournament to be determined by the County prior to August 1 st annually. (B) Every Tuesday, Wednesday, Thursday, and Friday throughout the term of this Agreement between the 1St of March and the 31St of July during the hours of 5:30 PM - 9:00 PM; and between the 1St of September through the 31St of October during the hours of 5:30—9:00 PM; 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 1St of March (Spring Season) and 1St of August (Fall Season) annually; and one Friday in September for an annual charity softball tournament, to be determined by the County prior to August 1St annually. (C) Every Monday throughout the term of this Agreement between the 1 st of March and the "opening day" for HYAA Spring Season; and between the 1St of September and the "opening day' for the Fall Season, for practice use only. (D) Additional days and times throughout the calendar year to serve such specialty clinics, tournaments, practices or rain make-ups conducted by HYAA on a"first come, first serve"basis, as per Attachment A to this Agreement with the pre- approval by the Director of the Orange County Department of Environment, Agriculture, Parks and Recreation, or his/her designee. However, if a tournament is scheduled, the fields to be used for the tournament shall remain unused for 48 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 30 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 $10.00 per hour for each field. Payment for any lighting shall be invoiced following the fall season for the entire contractual year, 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. PART II EFLAND-CHEEKS COMMUNITY PARK BALL FIELD HYAA shall be permitted hereby to use Efland-Cheeks Community Park Field 1 and 2 as follows: (A) Every Saturday throughout the term of this Agreement, between the 1"of March and the 31 st 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 1St of March(Spring Season) and 1st of August(Fall Season)annually. i B) Every Monday, Tuesday, , Thursday, and Friday throughout the term of this Agreement between the I"of March and the 31St of July during the hours of 5:30 PM - 9:00 PM; and between the I"of September through the 31St of October during the hours of 5:30—9:00 PM; 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 Is'of March(Spring Season) and I't of August (Fall Season) annually. Additional days and times throughout the calendar year to serve such specialty clinics, practices or rain make-ups conducted by HYAA on a "first come, first serve"basis, as per Attachment A to this Agreement and with the pre-approval by the Director of the Orange County Department of Environment, Agriculture, Parks and Recreation, or his/her designee; (C) 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 subsection A and/or B above; (D) In the event of a public emergency situation in which the Efland-Cheeks Community Park Field I and 2 is needed for County use during a time scheduled for the Efland-Cheeks Community Park 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. (E) County hereby agrees not to schedule other events on the Efland-Cheeks Community Park baseball/softball fields during the times and dates set forth in sections I(A-D) 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 water) available to HYAA to be included in the license rate and to provide HYAA with access to restrooms and water fountains during the times and days listed above. Power at Efland-Cheeks Community Park is only accessible at the picnic shelter and may only be available if the shelter is unused. If field lighting is needed, fees for lighting shall be $10.00 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 suspend HYAA access to the Park until payment is received. PART III FAIRVIEW PARK BALL FIELD HYAA shall be permitted hereby to use the ball field at Fairview Park as follows: (A) Every Monday, Tuesday, Wednesday, Thursday, and Friday throughout the term of this Agreement between the 1St of March and the 31St of July during the hours of 5:30 PM - 9:00 PM; and between the lst of September through the 31St of October during the hours of 5:30—9:00 PM; 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 1St of March (Spring Season) and 1St of August(Fall Season) annually. Additional days and times throughout the calendar year to serve such specialty clinics, practices or rain make-ups conducted by HYAA on a "first come, first serve"basis, as per Attachment A to this Agreement and with the pre-approval by the Director of the Orange County Department of Environment, Agriculture, Parks and Recreation, or his/her designee; (B) Any exception to this schedule by the County shall be conveyed at least 30 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 subsection A and/or B above; (C) In the event of a public emergency situation in which the Fairview Park ball field is needed for County Fairview Park 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. (D) County hereby agrees not to schedule other events on the Fairview Park baseball/softball field during the times and dates set forth in sections 1(A-D) 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 water) available to HYAA to be included in the license rate and to provide HYAA with access to restrooms and water fountains during the times and days listed above. Power at Fairview Park is only accessible at the picnic shelter and may only be available if the shelter is unused. If field lighting is needed, fees for lighting shall be $10.00 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 suspend HYAA access to the Park until payment is received. SECTION TWO LIMITATION TO DESCRIBED PURPOSE HYAA shall utilize the Cedar Grove Park, Efland-Cheeks Community Park, and Fairview 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 Park, Efland-Cheeks Community Park, and Fairview 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(30) 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 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$2,700 annually for the use of the three Cedar Grove Park ball fields, Fairview Park ball field, and the use of Efland Field I and 2, as outlined herein and through the term of this agreement. The $2,700 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 I 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 three (3) years, beginning March 1, 2016. This term is renewable by County and HYAA upon mutual assent for an additional three (3) 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 2018, such that HYAA may know the intention of renewal by October 2018 for scheduling and planning purposes. HYAA shall provide the County with ninety days (90)prior written notice of its intention to renew the agreement. Either party may terminate this Agreement at any time, without regard to payment periods by giving written notice to the other specifying the date of termination. County and HYAA shall provide the other party a minimum of sixty(30) days prior written notice of its intent to terminate this Agreement except during seasons for which HYAA already has scheduled and paid for activity, in which case the period of notice shall be the conclusion of he contracted playing season. SECTION FIVE HYAA CONTACT HYAA hereby provides County with the contact information of two (2) individuals whom County may contact during the hours in which HYAA is using the County ball fields to address any and all immediate issues that may arise in regard to this Agreement. Notice by electronic mail shall be sufficient for purposes of this Agreement. Any notice required by this Agreement may be made by delivering said notice to both individuals listed below at either the physical or post office address provided or at the electronic mail address provided. Notice shall not be deemed to be delivered unless receipt is acknowledged by responsible parties. HYAA and County shall provide each other with an"emergency" contact phone number. Contact Persons: Kurt Sikes 2100 Black Walnut Farm Rd Hillsborough, NC 919-883-6852 Greg Monschein 3015 Hartwell Pond Drive Hillsborough,NC 919-245-3118 Bob Smith 5818 Guess Rd Rougemont,NC 27572 732-598-4110 SECTION SIX CONDITION OF CEDAR GROVE AND FAIRVIEW PARK FIELDS, WEATHER USAGE DECISIONS & COMPENSATION FOR DAMAGE HYAA shall clear the utilized baseball and softball fields and restrooms of all trash and debris at the end of each day into a designated solid waste container at Cedar Grove Park, Efland-Cheeks Community Park, and Fairview Park supplied by the County. HYAA agrees that it shall drag the utilized fields before and after each use (including the end of play for the day) with HYAA equipment except as provided in Section One (F) where the onset of dusk in Fall Season precludes this possibility 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 INDEMNIFICATION HYAA agrees to defend, indemnify, and hold harmless the County, for all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or misconduct of HYAA, during HYAA licensed use, except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this section to require HYAA to indemnify the County to the extent permitted under North Carolina law. SECTION TEN MISCELLANEOUS It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina. As noted in Section Two, HYAA will operate or cause to be operated concessions at the Cedar Grove Park and Efland-Cheeks Community Park ball fields for HYAA activities, at its discretion, to offset costs of field maintenance, increased materials, increased equipment use, breakage, and other costs that the County will incur as part of this Agreement. HYAA shall not issue sublicenses for the use of the Cedar Grove Park, Efland-Cheeks Community Park, or Fairview Park ball fields described herein. Any sublicense shall be void and any attempt to issue a sublicense shall constitute breach of this Agreement. An HYAA representative shall meet during the term of this Agreement with the County Manager or County Manager's designee to review this Agreement, discuss the Parties' compliance therewith, review proposed special HYAA events as described in Section One (C), and discuss suggested modifications thereto. Any cases of sustained field damage from possible overuse will also be evaluated at this meeting. The failure of the County to require compliance by the HYAA with any provisions of this Agreement or the waiver by the County of any breach of this agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with the terms of this Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. By signing below, the representative of HYAA warrants that he/she is authorized to execute this Agreement on behalf of HYAA, and that he/she has obtained all authorizations, approvals, and resolutions from HYAA that are necessary in order to duly bind HYAA to this Agreement. SIGNATURE PAGE TO FOLLOW In witness whereof, each party to this agreement has caused it to be executed on the date first written above. HILLSBOROUGH YOU H ATHLETIC ASSOCIATION, INC. By: Name: Title: ORANGE COUNTY�NORTH AR OL By: . Bonnie Hammersley Count anager Approved nas to technical content: 1 David Stancil, Department Director This ins ument has been pre-audited in the manner required by the Local Government Budget and Fi al C ntrol 6ij.Aen Fin ci 1 Services irector Approve as to and legal sufficiency: ice of the County Attorney ACORD­ CERTIFICATE OF LIABILITY INSURANCE DATE D/YYYY) 1/30/20 15 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 WAIVED,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). PRODUCER K&K INSURANCE GROUP,INC. CONTACT Cheryl Pettibone 1712 MAGNAVOX WAY PHONE 800.736-7368 FAX PO BOX 2338 A/C No.Ezt: A/C,No): FORT WAYNE IN 46801 ADDRESS: Cheryl.Pettlbone @kandklnsurance.com INSURED INSURERS AFFORDING COVERAGE NAIC# MEMBER NO: INSURER A: Nationwide Life Insurance Co. INSURER B: Nationwide Mutual Insurance Co. HILLSBOROUGH YOUTH A.A.BABE RUTH LG INSURER C: DBA.HILLSBOROUGH YOUTH A.A.BABE RUTH LG INSURER D: P.0 Box 577 INSURER E: Hillsborough, NC, 27278 INSURER F: 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. TYPE OF INSURANCE POLICY NUMBER P LI LIMITS LTR INSD WVD MMI /YDDYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 B CLAIMS-MADE ❑X OCCUR 02/01/2015 02/01/2016 PREMISES Ea occurrence $ 300,000 X RPG-266488-00 12:01 AM 12:01 AM MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 POLICY E7 PROJECT F7 LOC PRODUCTS-COMP/OP AGG $1,000,000 OTHER: PARTICIPANT LEGAL LIABILITY $1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 Ea Accident ANY AUTO BODILY INJURY(Per person) 02/01/ 02/01/2016 B ALL OWNED AUTOS ISCHEDULED AUTOS RPG-286488-00 1201 A AM M 1201 AM BODILY INJURY(Per accident) X HIREDAUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED I I RETENTION WORKERS COMPENSATION Y/N STATUTE OTHER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE—EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE—POLICY LIMIT A PARTICIPANT ACCIDENT SPP-266488-00 02/01/2015 02/01/2016 AD&D $ 10,000 12:01 AM 12.01 AM PRIMARY MEDICAL $ 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space Is required) 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 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County DEAPR ACCORDANCE WITH THE POLICY PROVISIONS. 302 West Tryon Street Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE ACORD 25(2014/01) ©1998-2014 ACORD CORPORATION. All rights reserved. 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