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HomeMy WebLinkAbout6665 DocuSign Envelope ID:A6316268-61AB-4 D76-97 BB-799204E1557A PARKS & RECREATION USE AGREEMENT This Agreement is made and entered into as of the date fully executed below, by and between the CITY OF BREMERTON, a Washington municipal corporation ("City"), and M&M Sports, LLC ("Permittee"). WHEREAS, City is the owner of certain real property in the City of Bremerton, Kitsap County, Washington, commonly known as Pendergast Regional Park located at 1199 Union Ave, Bremerton, Washington. WHEREAS, Permittee desires to utilize the Property for recreational sports programs and the City is willing to authorize such use; and WHEREAS, the Director of Parks & Recreation (hereinafter "Director"), at his discretion, may authorize the non-exclusive use of the Property on a limited basis for classes and programs in accordance with department policies. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the parties hereto, it is agreed: 1. INCORPORATION OF RECITALS: The foregoing recitals are incorporated herein by this reference and made a part hereof. 2. USE: The City hereby authorizes Permittee the non-exclusive use of the Property for the purpose of conducting recreational sports programs. ("Use"). The following parameters must also be met, and are included in the definition of"Use": (a) Permittee's Use of the Property is limited to scheduled days and times, mutually agreed to and approved by the Director or his/her designee. Additional dates may be agreed upon by the Director and Permittee in writing if requested by Permittee. The City may change the date upon thirty (30) days written notice to Permittee. See Exhibit A for a detailed list of the planned classes and programs. Additional programs may be added to Exhibit A upon written notice to Director and subject to Director's approval and agreement by Permittee. (b) The Use shall commence no earlier than 9:00 AM on Saturdays. Set-up will be allowed to commence at 7:30 AM pursuant to paragraph 2(e). 15 minutes after program end time will be allowed for clean-up. (c) The Use of specific facilities identified in Exhibit A will be exclusive, and Permittee agrees to only use as much space on the Property as necessary and approved for Permittee's activity. Permittee may close off only the area(s) of the Property necessary for its Use. (d) Permittee shall not exceed the number of approved participants allowed on the Property, not including staff and any other individuals associated with Permittee's activities. 1 —Parks &Recreation Use Agreement (M&M Sports, LLC) (Property Use Only—No filming) DocuSign Envelope ID:A6316268-61AB-4 D76-97 BB-799204E1557A (e) Access to the facilities identified in Exhibit A will be provided no later than 7:30 AM on the scheduled days of use. (f) All vehicles and trailers must remain off the fields and behind field fence and gate. (g) The City grants authorization for M&M Sports, LLC to park an equipment trailer for storage of their program equipment in the Pendergast parking lot in the approved location during the dates listed in Exhibit A. The City assumes no responsibility for the security of the trailer or its contents and M&M Sports, LLC understands that they are doing so at their own risk. 3. USE CONDITIONS: Permittee, for itself and its successors and assigns, covenants as follows: (a) This authorization is given only for the above stated Use. Any extension or modification of the scope of the Use must be approved in writing by the Director. (b) Permittee shall maintain the Property in good condition and shall be responsible for any damage resulting from its Use. (c) Permittee shall be responsible for the clean-up and removal of litter, debris, equipment, and all other items resulting from its Use. (d) Permittee will inform the Director or his designee of any damage to the Property immediately. (e) No sale of any items shall take place on the Property. (f) No alcohol or non-prescribed drug shall be consumed on the Property, and no person under the influence of any such substance shall be allowed onto the Property by Permittee. 4. CONSIDERATION: In consideration for the Use, Permittee shall pay a field use fee of$23.00 per hour per field. Permittee will provide the City with attendance reports that include dates of use and number of participants and registration fees collected for each day within 15 days of the conclusion of each session. Permittee will be billed for use following receipt of the required attendance report. 5. TERMINATION: This Agreement shall terminate on December 31, 2024. In the event Permittee fails to observe or perform any of the covenants, conditions, or provisions of this Agreement, the Director or his designee may immediately terminate Permittee's Use. 6. INDEMNIFICATION: Permittee shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, 2—Parks &Recreation Use Agreement (M&M Sports, LLC) (Property Use Only—No filming) DocuSign Envelope ID:A6316268-61AB-4 D76-97 BB-799204E1557A damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Permittee's Use of the Property pursuant to this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES PERMITTEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 7. INSURANCE: PERMITTEE shall procure and maintain for the duration of its Use insurance against claims for injuries to persons or damage to property arising from or in connection with the Use by PERMITTEE, its agents, representatives, employees, or subcontractors. Prior to the date of Use, PERMITTEE shall provide to the City a Certificate of Insurance evidencing: (a) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $1,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. The above insurance limits do not affect PERMITTEE's duty to indemnify the City in the event the limits are insufficient to cover any injury or damage that may occur in connection with the Use of the Property. Any payment of deductible or self-insured retention shall be the sole responsibility of PERMITTEE. The City shall be named as an additional insured on the insurance policy, with respect to PERMITTEE's Use of the Property, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. PERMITTEE's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. PERMITTEE's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. 3 —Parks &Recreation Use Agreement(M&M Sports, LLC) (Property Use Only—No filming) DocuSign Envelope ID:A6316268-61AB-4D76-97BB-799204B1557A 8. MISCELLANEOUS PROVISIONS: The following provisions apply to this Agreement: (a) Governing law and Venue. This Agreement shall be construed and interpreted pursuant to Washington law and any controversy or interpretation hereof shall be by the state courts of Washington with venue in Kitsap County, Washington. (b) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (c) Entire Agreement. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof. All prior negotiations, agreements, representations, or warranties shall be of no further force or effect and are superseded by this Agreement. (d) Severability. In the event that one or more provisions of this Agreement are determined to be invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as of the day and year signed below. CITY OF licilistnNKRTON PERMITTEE cosigned by: BY: it,fretuuth BY: 'qv Awn' ,,e,'1? D68OD BEE F�498... JEFF ELEVADO TYLER Parks & Recreation Director M&M Sports, LLC 680 Lebo Blvd. 2350 S. Alaska Bremerton, WA 98310 Tacoma, WA. 98405 (360) 473-5305 817-888-0437 Tyler.mendez@i9sports.com DATE: 3/26/2024 DATE: 3/26/2024 Approved as to form: DocuSigned by: 64-(1(kaLL rttri ti�a r�E-838-1 B0462... KYLIE J. FINNELL, City Attorney 4—Parks &Recreation Use Agreement (M&M Sports, LLC) (Property Use Only—No filming) DocuSign Envelope ID:A6316268-61AB-4 D76-97 BB-799204B1557A EXHIBIT A M&M Sports, LLC will conduct the following youth recreational sports programs at Pendergast Regional Park on the following dates and times: Date Day Time Location 4/13—6/8/2024 Saturday 9:30AM-4:OOPM Pendergast Regional Park Field #1 DocuSign Envelope ID:A6316268-61AB-4D76-97BB-799204B1557A 1 PARKS & RECREATION 0 9`-\ 680 LEBO BOULEVARD • BREMERTON,WA 98310-5841ookA nue i P: 360.473.5427 • F: 360.473.5882 • parks@ci.bremerton.wa.us • www.ci.bremerton.wa.us 2024 ATHLETIC FIELD RESERVATION APPLICATION DATE SUBMITTED: All 202�}: �11 ��/g Dates)of Use:�t 4\1/ t/21j$M, IBi Day(s): Su M Tu W Th F Sa From:61'3o 0/PM to %co AM/€ Organization/Group: a Spot} es ?add �Gl / Vi et M Souris 1 LC Activity Type: Ytkr,f'.3-1,2� Y�Spoth : 52C6snr,Pa4(iSj�Schat!�, UoIk 1 ❑Adults(18&Older) raYouth Representative/Person in Charge: 774 to Waiiz d 1'"Y""' Marlin Work Phone:Lela)888-01/3 (mil) Address: 11010 i4emkor Rill IX. )Sfe. B Home/Cell Phone: (253 50e1-20S5 (U)ciaffs cell) City:c}tQ tYAj(!xor j WA Zip:cign1 Email: T(,Gv, WiendQZQ gfp,ifS.corn Est.Attendance: NO Special Set-up: ❑ Field lights ❑ Bases 11 Other tArlloCk. iftlAIWNIC 4 ga er 1 otthQef ek4CP_, RESERVATION FEE: Adult Use-$41.25/$35* per hour per field;(Y uth Use, ig.19*per hour per field. Reservation includes use of bases and field lights (a ne 0`�fP•`aid eded (*Bremerton Resident Rate) -t t Hour(s): (. . x$ ,> ` =$119c 7 PA1 u 1 Attnount Paid: $ Receipt#: MTh GAME PREP FEE: Reservation includes,field prep and lines, bases& lights(as needed). Sand Volleyball: $37.75/$31.50*x #games= Total: $ Receipt#: Softball/Fastpitch/Baseball: $49.251$43*x #games= Total: $ Receipt#: Soccer/Football: $78.50/$66*x #games = Total: $ Receipt#: (*Bremerton Resident Rate) LIONS PARK 251 Lebo Blvd. (Reservations accepted April-September) Fence distance is 285', bases set at 60'&70'. Facility includes field lights, restrooms, picnic tables&playgrounds. ❑ Field#1 (Adult/Youth) ❑ Field#2(Adult/Youth) PENDERGAST REGIONAL PARK 1199 Union Ave. (Softball reservations April-September) Fence distance is 300', bases set at 60', 70', &80'. Facility includes field lights, restrooms,picnic tables&playground. Er Field#1 ❑ Field#2 O Field#3 ❑ Field#7 ❑ Field#8 (Softball/Baseball) (Softball/Baseball) (Softball/Baseball) (Soccer/Football) (Soccer/Football) PENDERGAST REGIONAL PARK 1199 Union Ave. (Outdoor Sand Volleyball Courts) ❑ Court#1 ❑ Court#2 KIWANIS PARK 1701 5th Street. (No evening rentals after 7:00 PM September-April) ❑ Soccer/Rugby and other approved activities. MANETTE PLAYFIELD 1136 Vandalia Ave. ❑ Main Field(Youth only): Soccer,Coach Pitch,T-Sall and other approved activities. ❑ Multi-Sport Court: Tennis,Pickleball,Basketball WARREN AVENUE PLAYFIELD 1017 Warren Ave. ❑ Main Field (Youth only): Baseball, Football, Soccer and other approved activities. (PLEASE READ AND COMPLETE ALL PAGES OF THIS FORM) Page 1 of 3 DocuSign Envelope ID:A6316268-61AB-4D76-97BB-799204B1557A ATHLETIC FIELD RENTAL INFORMATION 1. City of Bremerton codes and ordinances are enforced. No alcohol is allowed in buildings, parking lots, athletic fields, or park grounds. Failure to comply could lead to immediate termination of field use. F 2. The person completing the Athletic Field Reservation form must be at least 21 years of age and must provide adequate supervision at all times. 3. Reservations are not accepted more than twelve (12)months in advance or less than two (2)days prior to the date of use. Reservations requested within two days are handled on a case-by-case basis. Some events may require a Special Event Permit available from City Hall. Note: Special Event permitting may take 3-5 weeks to process and may require additional fees. 4. Commercial use may require a Concession Agreement, Insurance and a City of Bremerton Business License 5. City of Bremerton Parks& Recreation Department existing and future events and programs have priority. 6. The misuse of Bremerton Parks& Recreation facilities or the failure to conform to the rules and regulations will be sufficient grounds to deny future applications for field use. 7. Groups or individuals who damage City property will be held responsible for the cost of repair or replacement. 8. Applicants must include a copy of practice and/or game schedule with this application when requesting field use for the season. 9. Full payment is required before using any athletic field unless billing arrangements are made in advance. 10. Inclement Weather: Groups may contact the department "Rain Line" at (360)473-5700 for field playability. The"Rain Line" is updated by 4:00PM daily. If the department determines a field is unsafe for play, the use will be cancelled and a full refund will be provided. 11. Field conflicts such as scheduling, lights not operating, poor field conditions, etc. should be directed to the Athletics Coordinator at(360)473-5427 (work)or(360) 689-2582 (cell). WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT I certify that I am an authorized representative of the organization or group listed above and that the above statements are true. I agree for myself and for the organization or group named above to supervise all activity on the premises, and to fully comply with and/or enforce all City rules and regulations during the time allocated for use by the organization or group.This agreement may be immediately terminated if the organization or group fails to comply with and/or enforce City rules and regulations. 1 In consideration for the acceptance of this application, the organization or group named herein hereby waives, releases and agrees to hold harmless the City of Bremerton, its officers, officials, employees, agents and volunteers including class instructors from any and all claims of injuries, damages, losses or suits, including all legal costs and attomey's fees, arising out of or in connection with the participation in this agreement and the use of this City facility by the organization or group named herein. I HAVE FULLY INFORMED MYSELF OF T E CONTENTS OF THIS AGREEMENT BEFORE SIGNING IT. Applicant's Signature: 14- /./, 17 Date: / I / ICE USE: U Approved 0 Denied By: , c v-___-. Date: /t l Z omments: (PLEASE READ AND COMPLETE ALL PAGES OF THIS FORM) Page 2 of 3 DocuSign Envelope ID:A6316268-61AB-4D76-97BB-799204B1557A ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/06/2023 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 have ADDITIONAL INSURED provisions or 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 CONTACT NAME: American Specialty Insurance& Risk Services, Inc. PHONE FAX (A/C,No,Ext): (A/C,No): E-MAIL ADDRESS: 7609 W.Jefferson Blvd.,Suite 100 INSURER(S)AFFORDING COVERAGE NAIC# Fort Wayne IN 46804 INSURERA: Arch Insurance Company 11150 INSURED INSURER B: M&M Sports, LLC dba i9 Sports INSURERC: 2350 S.Alaska INSURERD: INSURER E: Tacoma WA 98405 INSURER F: COVERAGES CERTIFICATE NUMBER: 1002168465 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 5,000 A Y SBCGL3253601 09/01/2023 09/01/2024 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 5,000,000 X OTHER: OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A X EXCESS LIAB CLAIMS-MADE SBFXS0243301 09/01/2023 09/01/2024 AGGREGATE $ 1,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) -Territories: i9 Sports West Puget Sound -The Certificate Holder shall be an Additional Insured,but only with respect to the operations of the Named Insured,and subject to the provisions and limitations of Form CG 2026 Additional Insured-Designated Person or Organization,effective September 06,2023. CERTIFICATE HOLDER CANCELLATION City of Bremerton for M&M Sports, LLC's Fall 2023 Season Operations at SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Pendergast Park THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th St. STE 100 AUTHORIZED REPRESENTATIVE -� Bremerton WA 98337 1 / ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD