HomeMy WebLinkAbout3.2 TOWN OF LOS ALTOS HILLS April 8, 2004
Staff Report to the Planning Commission
RE: A REQUEST FOR A CONDITIONAL USE PERMIT FOR RECREATIONAL
FACILITIES AT THE TOWN'S ATHLETIC FIELDS AND RIDING RING ON
PURISSIMA ROAD; AND INSTALLATION OF A PUBLIC ADDRESS
SYSTEM AND STREETSIDE PARKING ALONG PURISSIMA ROAD DURING
LARGE EVENTS. FILE#58-04-CUP
FROM: Jimmy Forbis, Parks and Recreation Supervisor
Debbie Pedro, Associate Planner
APPROVED BY: Carl Cahill, Planning Director C,C,,
RECOMMENDATION: That the Planning Commission:
Forward a recommendation of approval to the City Council for the requested Conditional
Use Permit to operate parks and recreation facilities at 27500 Purissima Road.
BACKGROUND
The Town owned property is a 10.2-acre site located on Purissima Road, which consists
of four baseball playing fields, a horse riding ring, restrooms, a concession building,
playground area, and approximately 50 parking spaces. The property is bounded by
Highway 280 to the west, the Town's maintenance yard to the north, a single-family
residence on an adjacent parcel to the south, Fremont Hills Country Club and five single-
family residences across Purissima Road to the east.
The four baseball playing fields are jointly maintained and operated by the Town and the
Los Altos/Los Altos Hills Little League, Inc., which retains primary user status from
calendar dates February 1 through Labor Day as described in the "Agreement for
Maintenance and Improvements by Los Altos Hills Little League of Playing Field
Facilities Owned by the Town of Los Altos Hills" dated January 25ffi, 1991. (Attachment
5)
The horse riding ring is jointly maintained and operated by the Town and the Los Altos
Hills Horsemen's Association as described in the "Agreement for Maintenance and
Improvement by Los Altos Hills Horsemen's Association of Town Ring Facilities Owned
by the Town of Los Altos Hills," dated November 16ffi, 1994. (Attachment 6)
In previous years, the facility has been operated without a Conditional Use Permit;
therefore, requests for exceptions to the Zoning Code were submitted for City Council
review and approval on a case-by-case basis.
Staff Report to the Planning Commission
Lands of Town of Los Altos Hills
27500 Purissima Road
April 8,2004
Page 2 of 6
CODE REQUIREMENTS
Pursuant to Section 10-1.703d of the Los Altos Hills Municipal Code, recreational
facilities, including recreational or community center buildings and grounds for games
and sports, except those customarily carried on primarily for profit may be conditionally
allowed in the Residential-Agricultural District. A conditional use permit is subject to
the approval of the Planning Commission and the City Council
DISCUSSION
Activities
Activities on the premise include organized Little League baseball games, Los Altos Hills
Parks and Recreation summer sports clinics and camps, organized horse riding functions,
the annual Town Picnic, passive recreational activities in the playground area, and
scheduled resident use of the playing fields. To minimize disturbances to neighboring
residents, staff recommends limiting activities to the between the hours of 7:00 AM and
sunset. (Condition#4)
Parking
Pursuant to Section 10-1.602 of the Municipal Code, "parking areas for conditional uses
shall be adequate to accommodate all vehicle storage requirements for maximum
foreseeable assemblies without resorting to adjoining roads to interior driveways for
parking." There are approximately 50 existing parking spaces on the property, which is
adequate to accommodate the parking needs during most events.
In previous years, the Los Altos/Los Altos Hills Little League has made requests to the
City Council for cessation of parking enforcement along Purissima Road due to overflow
parking during Little League games and tournaments from February 1 through Labor Day.
Staff recommends that overflow parking be allowed only along Purissima Road while the
Little League has primary user status.
Amplified Sound
The Little League has requested the use of a portable public address system on the fields
during their annual opening day and for tournament games. (Attachment 4) The public
address system consists of a portable bullhorn and speakers.
Pursuant to Section 5-2.02, maximum levels for sound producing devices shall not
exceed 50 decibels during daytime hours and 40 decibels at night as measured from 1000
feet from affected property.
Condition #5 allows the use of amplified system up to 5 occurrences a year. This
condition has been consistently applied to similar use permit requests such as Pinewood
School and Westwind Barn.
Staff Report to the Planning Commission
Lands of Town of Los Altos Hills
27500 Purissima Road
April 8,2004
Page 3 of 6
Signage
According to Sec. 8-6.03 of the Code, a sign "to designate the name of the owner or
occupant of the premises upon which such advertising display is placed or to identify
such premises"is allowed.
Currently, there are 5 pennant flags hanging from the batting cages on Field 3 and 6
billboard signs on Field 2 describing various baseball accomplishments mounted on the
fence along the Purissima Road frontage. However, Section 8-6.05 states that "No card,
cloth, metal, painted, or wooden sign of any character, billboard, poster, pennant, flag, or
sample bearing letters, writing, figures, or characters of any nature, conveying a message
or idea...shall be placed or maintained at any place within the Town without permission."
Condition #9 requires that any temporary or permanent signage to be placed on the
premises will require prior review and approval of the Town.
Maintenance
The "Agreement for Maintenance and Improvements by Los Altos Hills Little League of
Playing Field Facilities Owned by the Town of Los Altos Hills" dated January 25th 1991
outlines the agreement between the Town and the Little League to contract basic
maintenance services to an outside provider. (Attachment 5)
This agreement stipulates that the Town will provide the Little League matching funds at
a 2 to 1 ratio for field maintenance. The agreement also states that the Town is
responsible for irrigation cost for the playing fields. The Little League currently makes
all maintenance and irrigation decisions for which the Town is financially responsible.
Security and Access
The Town currently does not have keys to many of the locks that secure the facility. This
has caused significant problems in the past with events such as the annual Town picnic
where residents were unable to access the bathrooms onsite. The Little League should
immediately provide the Town with access to all site facilities. Furthermore, condition
#8 prohibits users of the facilities from making any lock or key changes. Such,changes
must be requested in writing to the Town and at such time the Town will coordinate lock
changes and then provide users with supplemental keys.
ATTACHMENTS:
1. Recommended Conditions of Approval for the Conditional Use Permit
2. Findings of Approval for the Conditional Use Permit
3. Site Map
4. Letter from Los Altos and Los Altos Hills Little League dated January 19, 2004
5. Facilities Maintenance Agreement with the Los Altos Hills Little League dated
January 25, 1991
6. Facilities Maintenance Agreement with the Los Altos Hills Horsemen's Association
dated November 16, 1994
Staff Report to the Planning Commission
Lands of Town of Los Altos Hills
27500 Purissima Road
April 8,2004
Page 4 of 6
ATTACHMENT 1
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT
FOR OPERATIONS AT A PARKS AND RECREATION FACILITY
27500 PURISSIMA ROAD (Lands of Town of Los Altos Hills)
File#58-04-CUP
1. Any alternation, demolition, reconstruction or additions to the structures or
facilities on the site shall require an amendment to the Use Permit approved by the
City Council.
2. In the event that any of the conditions of this permit are not satisfied, the Planning
Department may cause a noticed public hearing to be sent to review whether the
permit should be continued; and upon a showing of compelling public necessity
demonstrated at the noticed public hearing, the Town may add, amend, or delete
conditions and regulations contained in this permit.
3. This Use Permit shall be reviewed annually in February to assure compliance with
conditions, and all conditions shall be subject to amendments and/or additional
conditions as deemed necessary by the City Council.
4. The hours of use of the facilities shall be between 7:00 AM and sunset.
5. Outdoor sound amplification shall be allowed up to five (5) times per year for
periods of no more than four (4) hours per day between the hours of 8:00 a.m. to
5:30 p.m..
6. No parking shall be allowed on any surrounding neighborhood street except
overflow parking shall be allowed along Purissima Road with a 10-day advanced
notice to the Sheriff during Little League games and tournaments between
February 1 through Labor Day.
7. Users shall provide the Town with an annual schedule of events for the Use
Permit review. Modification and/or changes must be submitted to the Town in
advance.
8. Users are prohibited from making any lock or key changes. Such changes must be
requested in writing to the Town and at such time the Town will provide user with
copies of keys. The Town may remove and replace any unauthorized locks on the
premises.
Staff Report to the Planning Commission
Lands of Town of Los Altos Hills
27500 Purissima Road
April 8,2004
Page 5 of 6
9. Users are prohibited from displaying signage, temporary or permanent, that
violates Municipal Code Section 8-6.05. Any new signage shall be subject to the
review and approval of the Town prior to installation.
10. Users are prohibited from subleasing any portion of the facilities, with exception
given to the concession building.
11. The Town reserves the right to monitor and alter watering schedules as
recommended by the Purissima Hills Water District.
12. No outdoor lighting is allowed except'for those needed for safety and security.
All fixtures should be adequately shielded to prevent any nuisance to adjoining
property owners. Any proposed lighting is subject to review and approval by the
Planning Department.
13. The Town shall have the ability to use or schedule one or more of the fields for
others purposes, as long as such other use does not materially interfere with the
submitted annual event schedule or a written update that has been submitted to the
Town and so long as the user is notified in advance.
Staff Report to the Planning Commission
Lands of Town of Los Altos Hills AWACHViENT
27500 Purissima Road
April 8,2004
Page 6 of 6
FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT
27500 PURISSIMA ROAD (Lands of Town of Los Altos Hills)
File#58-04-CUP
1. The proposed use or facility is properly located in relation to the community
as a whole,land uses,,and transportation and service facilities in the vicinity;
The General Plan Recreation Element identifies the land use designation of the
subject property as a Public Recreation Area. The use of the facilities by the
Little League, the Los Altos Hills Horsemen's Association, and Park and
Recreation Department for sports and recreation activities are compatible with its
designated land use and the facilities are properly located in relation to the
community as a whole. Access to the site is readily available, and adequate
utilities already exist on the site.
2. The site for the proposed use is adequate in size and shape to accommodate
the proposed use and all yards, open spaces, walls and fences, parking,
loading, landscaping, and such other features as may be required by this
chapter or will be needed to assure that the proposed use will be reasonably
compatible with land uses normally permitted in the surrounding area;
The subject property is over 10 acres in size and accommodates four baseball
fields, a horse riding ring, a parking area and related amenities. The buildings on
the site are in compliance with the setback and development standards of the
Town's Zoning Code. Project conditions will limit the impacts resulting from
activities on the site and ensure that the proposed use will be reasonably
compatible with land uses normally permitted in the surrounding area.
3. The site for the. proposed use will be served by streets and highways of
adequate width and pavement to carry the quantity and kind of traffic
generated by the proposed use;
The site has access directly off of Purissima Road and connects to Arastradero
Road which is a major collector street. Parking is readily available on the site.
During large events where overflow parking will occur, streetside parking will be
allowed along Purissima Road but prohibited on other surrounding neighborhood
streets to ensure minimal disruption to the neighborhood.
4. The proposed use .will not adversely affect the abutting property or the
permitted use thereof.
Project conditions including limitations on hours of use, amplified sound,
lighting, and parking will help ensure that abutting properties are not adversely
impacted.
LANDS OF TOWN OF LOS ALTOS HILLS
# 58-04-CUP
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ATTACHMENT
LOS ALTOS &LOS ALTOS HILLS LITrLL LEAGUE
P.O. BOX 1389
LOS ALTOS, CA 94022
January 19, 2004-01-16
Town of Los Altos Hills
26379 Fremont Road
Los altos Hills, CA 94022
To who it may concern:
The Los Altos/Los Altos Hills Little League has served the community for over 50 years
providing a top quality youth baseball experience for approximately 500 of our children
each year. There is a total of nearly 40,000 hours of participation by the,children over the
year, and the supervision and coaching is provided almost exclusively by parent
volunteers. As part of the program, we contribute a substantial portion of the cost of
maintaining the Purissima fields on a year round basis. We have invested over$20,000
in the last two years in new batting cage, fences and scoreboards to make the recreational .
experience an even better experience for.our children. We are applying for a conditional
use permit to continue to operate at the Purissima fields. Our program is as follows:
1. Hours of operation on weekdays from 3 p.m. to 8 p.m., Saturdays from 8:00 a.m.
to 8:00 p.m. and on Sundays from 10:00 a.m. to 7:00 p.m. during the baseball
season (March 1 to July 31). At other times during the year, the facilities are used
for training clinics, practice for our year-round teams and for tournaments. All
activities fall within the hours of operation state above.
2. The activities include baseball practices and games, with as many as 300 children
participating on a given Saturday, and 100 on a weekday night. The age group
.served is between 5 years and 16 years, and both boys and girls participate.
3. There is an Opening Day ceremony and Picture day at the beginning of the season
(this year it will be Sunday March 14).
4. The Little League also operates and maintains the Snack Bar and the bathrooms,
which are available to the general public during Little League operating hours.
This year new cabinets were donated and installed by the Little League in the
Snack Bar.
5. The Little League also hosts a City-wide tournament for Los Altos baseball
(including Los Altos PONY League) every odd year on a weekend in June. We
also host some Little League Championship tournament games during the June
20-July 31 timeframe. These games are awarded to Los Altos each year and the
dates vary by year. There will be no more than 2 games played at one time at the
fields, generally on fields 2 (13-14 year olds) and field 3 (9-12 year olds) during
the tournament season.
There is a limited amount of parking at the fields and during large events such as Tryout
(evaluation) days, Opening Day and for games on Saturdays when all 4 fields are used,
we have obtained permission in the past to allow parking in the "No Parking" zone along
Purissima Road. This stretch of road across the street from the fields is about 1000 feet
long and provides about 50 additional parking spaces. No parking is allowed on Visciano
road. We would like to continue this parking accommodation for this year and future
years.
On a few occasions, we need to use a public address system. This is used for informing
the players and spectators of the activities and events, for some baseball-related music
and for emergency announcements. We would like to use the PA system during our
tryouts for two Saturdays in January (this year, it would have been January 10 and 17),
Opening Day in March (March 14 this year) from 10:00 to 4:00 p.m. and for tournament
games (as a PA system is required by Little League rules for safety). While we do not
know the exact dates until June, we can anticipate that we may need the PA system for up
to 10 days from 4 to 8.p.m: on weekdays and between 10:00 a.m. and p.m. on weekend.
6
This would be during the summer, between June 20 and July 31. We would notify the
residents within 500 feet of the field of the scheduled use'of the PA system well advance
of the events. These re the only times we plan to use the PA system during the year,and
would like permission to use the PA system included in the Conditional Use Permit.
Given the huge contribution that the Little League program makes to the community and
our youth, we request a conditional use permit to operate our program at the Purissima
fields on a permanent basis.
Thank you for your'consideration.
Sincerely,
Benjamin Gikis
Little League Liason
cc. Dr. Paul Auerbach, Little League President
e 1
p,®S ACHMENT
26378 FREMONT ROAD, LOS ALTOS HILLS, CALIFORNIA 84022 O 041.7222
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California N^
arcd JanO
DATE: February 22, 1991
TO: Honorable Mayor and,City Council Members
City Manager
Director of Public Works
City Treas_tjLqr vlfe
FROM: Pat Dowd
SUBJECT: LITTLE LEAGUE AGREEMENT
For your reference attached is A fully-executed copy of the agreement
between the Town and the Little League.
If you have any questions or need any additional information, please let
me know.
cc: Wes Henderson, Little League
Attachment
AGREEMENT FOR MAINTENANCE AND IMPROVEMENT BY
LOS ALTOS HILLS LITTLE LEAGUE OF
PLAYING FIELD FACILITIES OWNED BY
THE TOWN OF LOS ALTOS HILLS
BY THIS AGREEMENT made and entered into on the 25th day of
January , 1991 by and between the TOWN OF LOS ALTOS HILLS, a
municipal corporation ("TOWN") and LOS ALTOS HILLS LITTLE LEAGUE,
INC. , a California non-profit corporation (11LAHLL11) , in
consideration of their mutual covenants, the parties hereto ,agree
as follows:
1. Parties. The parties shall be the TOWN and LAHLL.
2. Purpose.. This agreement is intended solely to allow the
TOWN and- LAHLL to provide the. highest quality playing fields
possible to TOWN residents and other users (including non-
resident participants in organized youth ,sports leagues, school
activities, informal recreation activities initiated by TOWN
residents, etc. ) .
3'. Premises. The premises covered by -this agreement include
the four TOWN-owned playing fields ("Fields") on .Purissima Road,
which are defined in Attachment 1.
4. Terms and Conditions.
A. Term. The term of this agreement shall be the fiscal
year of the TOWN, which is currently July 1 to June 30. The
initial agreement will cover the remainder of Fiscal Year 1990-
91.
B. Renewal. This agreement shall automatically renew,
unless written notice is provided by one party to the other at
least sixty (60) days prior to the start of the next TOWN fiscal
year.
C. Termination. Either party may terminate this agreement
at any time, without compensation, by giving the other party
thirty (30) days" written ,notice. Monies then owing based upon
work satisfactorily accomplished shall be paid to LAHLL..
D. Primary User. LAHLL shall be the primary user of some
or all of the playing fields (depending upon the number of teams,
age groups, etc. ) from February 1 through Labor Day each year.
LAHLL shall provide to the TOWN a complete proposed schedule of
uses of each- Field it' intends. to use each year for tryouts and
practices by December 15 and for games by March 1. During the
February 1 through Labor Day period, the' TOWN shall have the,
ability -to use or schedule one or more of the fields for other
purposes, as long as such other use does not materially interfere
f..
with the submitted schedule or a written update that has been
provided to the TOWN, and so long as LAHLL is- notified in
advance.
E. Schedulinct. During those periods or on those fields
when LAHLL_ is not designated as the primary user, all potential
users shall be scheduled by the TOWN on a first-come, first-
serve basis. TOWN. will notify LAHLL before scheduling any event
and agrees not to schedule any event. that ,would cause damage or
materially affect the fields during LAHLL's primary-use period.
TOWN shall require any group scheduling an event to indemnify,
defend and hold .TOWN harmless and carry insurance to that effect
during the event. Informal, non-scheduled use by residents of
the. TOWN will continue to be encouraged, as long as such use does
not interfere with scheduled usage .or cause damage to- the Fields:
F. Fee Schedule. The TOWN shall develop and implement a
fee schedule for scheduled uses by those persons and groups other
than LAHLL.
G. Water.. TOWN and LAHLL shall work together to ensure
adequate amounts of water are available for the Fields. Both
parties recognize, however,- that water usage cannot exceed any
allocations or violate other prohibitions imposed by the water
purveyor and that good water management and conservation
practices shall be observed at all times.
H. Maintenance. LAHLL shall maintain the Fields and all
improvements in a fully usable condition at all times, subject to
water availability, except for those periods approved by the TOWN
to complete renovations or other modifications to the Fields.
LAHLL shall contract for all appr.owed.. imDrovements . and, ongo -Tig,,�
the fields. Specifically excluded from that
2531
contract nshall be`"maintenance and repair of the parking lot,
watering of street and parking lot trees, and pruning of mature
street trees.
I. Maintenance Costs. The TOWN shall contribute to the
costs of improvements and maintenance on a cost-sharing basis.
For the remainder of Fiscal Year 1990-91, the TOWN will
contribute two dollars for every dollar committed by LAHLL, up to
and not more than the total remaining in the Playing Field/Town
Ring budget, excluding actual amounts applied to water service,
pay phone charges and other similar expenses for which the Town
is solely responsible. TOWN shall make all reasonable efforts to
ensure future budgets for the Playing Fields/Town Ring program
are equal to or exceed the Fiscal Year- 1990-91 budget. TOWN and.
LAHLL both recognize that in order for this agreement to work
over the long term, considerable flexibility and goodwill shall
be necessary. Both the TOWN and .LAHLL, for example, shall face,
from time to- :.time, relatively lean budget years.
2 -
pati
t
J. Payments. The TOWN will pay LAHLL on a monthly basis,
upon receipt of- an approved invoice. Depending upon the invoice
amount, each monthly payment by the TOWN can be as large as the
amount remaining unspent or. unencumbered in the TOWN's
Playing, Field/Town Ring program budget (exclusive of amounts
budgeted for .water, pay phone, or other similar expenses, for
which the TOWN is exclusively responsible) divided by the number
of months remaining in the fiscal year, with the exception of the
last two- months of payment, when a ten percent (10%) retention.
will be kept by the TOWN. This retention will be released when
all of the, other Playing Field/Town Ring bills have been received
and accounted for, to. ensure the TOWN does not exceed its legally
appropriated budget.
K. Fuel Tanks. TOWN is inthe process of. removing 'the
fuel tanks on the Fields, at TOWN's expense, and will repair all
damage to Fields and fences caused by such removal.
L. No Sublet. LAHLL shall -not have the ability to 'sublet
any portion of the Premises, except the snack bar.
M <; Mod ifications.'. LAHLL shall not make ,any structural.
modifications or, mprovements to" the .Fields without the prior.
written approval by an•.authori2ed' represektative of 'the `TOWN.
Such changes might include, but are not limited to: adding or
deleting gates in fences; changing the heights offences; �-
changing the location or type- of turf; adding or making changes
to the snack bar or any other structures. After completion of
approved changes, LAHLL shall provide -to the- TOWN 'approved'. as-.
N. Improvements. , All improvements on the' Fields,
including but not limited to any improvements constructed by
LAHLL, are and shall, remain the property of.•the TOWN, even at the
termination of this agreement.
Locks. LAHLL shall place no locks or other barriers to
entry on any portion of ifie' Fields• without (i) prior approval` by
the TOWN and ' (ii) providing" to' the TOWN' copie' of all keys or
othdt�-entry "mechanisms.
P. .Ordinances. LAHLL agrees to abide by and ensure that
all participants in its 'activities abide by all parking, noise,
site development, and other ordinances, regulations, and policies•
of the TOWN. Amplified sound systems, as well as parking on
Purissima Road. or adjacent streets in such a way 'as to obstruct
traffic or TOWN pathways, are- of particular concern to adjacent
residents. TOWN is currently reviewing parking 'availability and
prohibitions of Purissima Road and shall make any appropriate
improvements.
5. Hold Harmless. LAHLL agrees •to indemnify, defend and hold
harmless the- TOWN, its officers, agents and employees. from any
3 -
_ ?_tiJ1l
and all demands, claims or liability of. any nature, which may
arise out of or occur by reason of any act or omission on its
part, or the part of any of its employees,. contractors,_
subcontractors, agents or representatives in furtherance of or
related to this agreement; other than acts of gross negligence or
intentional misconduct by TOWN, its officers, agents or
employees. LAHLL also agrees to require any contract with its
contractors or subcontractors to contain' a provision requiring
that the contractor or subcontractor indemnify, defend and hold
harmless LAHLL and the TOWN and their officers, agents and
employees from any and all demands, claims or liability of any
nature which may arise out of or occur by reason of any act or
omission on the contractor or subcontractor's part, or the part
of any of its employees, contractors, subcontractors, agents or
representatives in furtherance of or related to the contract with
LAHLL.
- 6. Insurance. Upon execution of this agreement, and at all
times during this agreement, ' LAHLL's contractors and
subcontractors shall have in full force and effect, at their sole
expense, for the joint benefit of the contractors, LAHLL and
TOWN, liability insurance in which TOWN and LAHLL are named as
additional insureds. The insurance. required thereunder shall be
in the amount of at least five hundred thousand dollars
($500,000.00) combined limit for bodily injury and property
damage, shall be carried by insurers authorized to transact
.. business in California, and shall *be primary as to TOWN and LAHLL
and non-contributory with any insurance which may be carried by
TOWN or LAHLL. The insurance policy shall have a 30 day"
notification to TOWN and LAHLL before any change in the policy or
cancellation. LAHLL shall keep a current certificate of
insurance from its contractors and subcontractors on file with
the TOWN at all times.
The TOWN will carry property insurance for the snack bar - and
for any additional property on the Fields that the TOWN wishes to
insure. LAHLL will reimburse .the TOWN for the incremental costs
of this property insurance and the deductible amounts of any
claims made under this insurance.
7. Non-Discrimination. No discrimination shall be made in the
employment of persons under this agreement because of race,
color, national origin, age, ancestry, religion, or sex of such
person.
8. Interest of LAHLL. It is understood and agreed that this.
agreement is not a contract of employment in the sense that the
relation of master and servant exists between the TOWN and LAHLL.
At all times LAHLL shall be deemed to be an independent .
contractor, and LAHLL is not authorized to bind the TOWN to any
contracts or other obligations. In executing this agreement,
LAHLL certifies that no one who has or will have any financial
interest under this agreement is an -officer or employee of TOWN.
4 _
9. Changes. This agreement shall not be assigned or
transferred- without the written consent of the TOWN. No changes
or amendments of any kind are authorized without the written
consent of the TOWN's city manager.
This agreement shall not become effective until its .approval
and execution by TOWN. In witness whereof, the parties have
executed this agreement effective the day and year first written
above.
.tOS ALTOS HILLS LITT E LEAGU E TOWN OF LOS ALTOS HILLS -
y•
Title City Manager
Social Security or I.R.S., APPROVED AS TO FORM:
Number: 77-0205958
City Attorney
Pa\HAs\1454905A.w50
5
ATTACHMENT 6
AGREEMENT FOR MAINTENANCE AND IMPROVEMENT
BY LOS ALTOS HILLS HORSEMEN'S ASSOCIATION
OF TOWN RING FACILITIES OWNED BY
THE TOWN OF LOS ALTOS HILLS
THIS AGREEMENT FOR MAINTENANCE AND IMPROVEMENT ("Agreement")
is made and entered into on this 16th day of November , 1994 by
and between the TOWN OF LOS ALTOS HILLS, a municipal corporation
("TOWN") and the LOS ALTOS HILLS HORSEMEN'S ASSOCIATION, INC. , a
California non-profit corporation ("LAHHA") . In consideration of
their mutual covenants, the parties hereto agree as follows:
1. Purpose. This Agreement is intended to allow LAHHA
preferential use of the Town Ring (as defined below) for LAHHA
events and for the TOWN to have LAHHA maintain and improve the
Town Ring facilities in order to ,provide the highest quality Town
Ring possible for TOWN residents and other users.
2 . Premises. The premises covered by this Agreement
include the riding ring ("Town Ring") and surrounding property on
Purissima Road (collectively, "Premises") , which are described
more particularly in Exhibit A attached hereto.
3 . Term. ' The term of this Agreement shall be the fiscal
year of the TOWN, which is currently July 1 to June 30. The
initial agreement will cover the Fiscal Year July 1, 1994 -
June 30, 1995.
4. Renewal. This Agreement shall automatically renew,
unless written notice is provided by one party to the other at
least thirty (30) days prior to the start of the next TOWN fiscal
year.
5. Termination. Either party may terminate this Agreement
at any time by giving the other party thirty (30) days' written
notice. Monies then owing to LAHHA from the TOWN based upon..
work satisfactorily performed by LAHHA shall be paid to LAHHA-
within thirty (30) days after TOWN's receipt of written notice to
terminate from LAHHA or within thirty (30) days after TOWN's
delivery to LAHHA of written notice' to terminate.
6. Primary User. LAHHA (and organizations working through
or under LAHHA) shall be the primary user of the Town Ring for a
r
maximum of twelve (12) formal shows and clinics per each twelve
(12) month period of the term of this Agreement. LAHHA shall
provide to the TOWN a finalized schedule of events for the Town
Ring each year by February 15. During times when LAHHA has not
reserved the Town Ring, the TOWN shall have the right to use or
schedule the Premises for other purposes, as long as such other
use does not materially interfere with the submitted LAHHA events
schedule and LAHHA is notified in advance. Written updates to
the LAHHA schedule will be provided by LAHHA to the TOWN. TOWN
shall have the right to review and approve or disapprove all such
updates.
7. Scheduling. During those periods when LAHHA is not
designated as the primary user of, the Premises, all potential
users shall be scheduled by the TOWN. on a first-come, first-
serve basis. The TOWN will notify LAHHA before scheduling any
event and agrees not to schedule any event that would cause
damage or materially affect the Town Ring during LAHHA's primary-
use period. The TOWN shall require any group scheduling an event
to indemnify, defend, and. hold TOWN and LAHHA harmless and carry
insurance to that effect during the event. . Informal, non-:
scheduled use by residents of the TOWN will continue to be
encouraged. If damage from such informal usage occurs, LAHHA
shall make any necessary repairs. To the extent that the parties
responsible for such damage are identified, the Town shall take
reasonable steps to obtain-reimbursement from such parties for
the* cost of such repairs.
For LAHHA scheduled events, LAHHA shall make sure that
parking needs are coordinated with other events and shall make
sure that parking regulations are enforced among its members,
guests and co-sponsored groups.
8. Fee Schedule. The TOWN may develop and implement a fee
schedule for scheduled uses by those persons and groups other
than LAHHA.
9 . ; Maintenance. LAHHA shall maintain and manage the Town
Ring and. all improvements in a fully usable condition within the
budget as set by. the TOWN, except for those periods approved by
the TOWN to complete renovations or other -modifications to the
Town Ring. LAHHA shall contract for all approved improvements
and ongoing maintenance, including, any unforeseen or unexpected
maintenance cause by vandalism, accidents or otherwise. LAHHA
2 -
Y
shall not be responsible for the maintenance or repair of the
parking lot except that LAHHA shall be responsible for removal of
manure and litter from the parking lot.
10. Improvements. LAHHA shall not make any structural
modifications or improvements to the Town Ring or the Premises
without the prior written approval of an authorized
representative of the TOWN. Such changes might include, but are
not limited to: adding or deleting gates in fences; changing the
heights of fences; or changing the location or type of riding
surface. After completion of any approved changes, LAHHA shall
provide to the TOWN approved as-built- plans. All improvements to
the Town Ring, including but not limited to any improvements
constructed by LAHHA, are and shall remain the property of the
TOWN, even upon termination by either party of this Agreement.
11. Maintenance and Improvement Costs. The TOWN shall
contribute to the cost of the maintenance and any improvements to
the Premises on a cost-sharing basis for items approved and
budgeted in advance by the TOWN. The TOWN will contribute two
dollars for every dollar committed by LAHHA, up to and no more
than the amount agreed to in writing by the parties to this
Agreement.
12. No Sublet. LAHHA shall not have the ability to sublet
any portion of the Town Ring or the Premises.
13. Locks. LAHHA shall place no locks or other barriers to
entry on any portion on the Town Ring without (i) prior approval
by the Town .and (ii) providing to the TOWN all copies of all keys
or other entry mechanisms.
14. Ordinances. LAHHA agrees to abide by and use its best
efforts to ensure that all participants in its activities will
abide by all parking, noise, site development, and other
ordinances, regulations, and policies provided by the TOWN.
LAHHA acknowledges that amplified sound systems, as well .as
parking on Purissima Road or adjacent streets in such a way as to
obstruct traffic or TOWN pathways, are of particular concern to
adjacent residents.
15. Hold Harmless. LAHHA agrees to indemnify, defend and
hold harmless the TOWN, its officers, agents and employees from
any and all demands, claims or liability of any nature, which may
- 3 -
arise out of or occur by reason of any act or omission on its
part, or the part of any of its employees, contractors, agents or
representatives in furtherance of. or related to this Agreement,'
other than acts of. gross �negligence or intentional misconduct by
TOWN, its officers, agents or employees. LAHHA also agrees to
require any contract with its contractors or subcontractors to
contain a provision requiring that the contractor or
subcontractor indemnify, defend and hold harmless LAHHA and the
TOWN and their officers, agents and employees from any and all
demands, claims or liability of any nature which may arise out of
or occur by reason of any act or omission on the contractor or
subcontractor's part, .or the part of any of its employees,
contractors, subcontractors, agents or representatives in
furtherance of or related to the contract with LAHHA.
16. Insurance. Upon execution of this Agreement, and at
all times during this Agreement, LAHHA's contractors and
subcontractors shall have in full force and effect, at their sole
expense, for the joint benefit of the contractors, LAHHA and
TOWN, liability insurance in which LAHHA and TOWN are named as
additional insureds. The insurance required thereunder shall be
in the amount of at least five hundred thousand dollars
($500,000. 00) combined limit for bodily injury and property
damage, shall be carried by insurers authorized to transact
business in California, and shall be primary as to TOWN and LAHHA
and non-contributory with any insurance which may be carried by
TOWN or LAHHA. The insurance policy shall have a thirty (30) day
notification to TOWN and LAHHA before any change in the policy or
cancellation. LAHHA shall keep a current certifiQate of
insurance from its contractors and subcontractors. on file with
the TOWN at all times.
As to insurance for riding and riding events, LAHHA shall
maintain insurance in the amount of one million dollars
($1,000,000) combined limit for bodily injury and property damage
and shall provide the TOWN evidence annually that such a policy
is in force. TOWN shall be named as an additional insured in
such policy.
17. Non-Discrimination. No discrimination shall be made in
the employment of persons under this Agreement because of race,
color, national origin, age, ancestry, religion, or gender.
- 4 -
Y
18. Interest of LAHHA. It is understood and agreed that
this Agreement is not a contract of employment in the sense that
the relation of master and servant exists between the TOWN and
LAHHA. At all times, LAHHA shall be deemed to be an independent
contractor, and LAHHA is not authorized to bind the TOWN to any
contracts or other obligations. In executing this Agreement,
LAHHA certifies that no one who has or will have any financial
interest under this Agreement is an officer or employee of the
TOWN.
19. Assignment; Modification. This Agreement shall not be
assigned , or. transferred without the prior written consent of the
TOWN, which consent may be withheld in the TOWN's sole
discretion. No changes or amendments of any kind are authorized
without the written consent of the TOWN's City Manager and
LAHHA's Board of Directors.
This Agreement shall not become effective until approved and
executed by the TOWN and LAHHA.
IN WITNESS WHEREOF, the parties have executed this Agreement
effective the day and year first written above.
LOS ALTOS HILLS HORSEMEN'S TOWN OF LOS ALTOS HILLS, a
ASSOCIATION, INC. , a municipal corporation
California non-profit
corporatio
-� By:
By: Citi/ ►?/a ger
Title:
ApLoved as to Form:
City g- torney
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TH181S TO CERTIFY,7HATTHEPOLICIES OF INS(7RANCELIBTED BELOW HAVE BEENISSUED TO THE INSURED.NAMEb ABOVEi=OR THE POLICY FRIOp
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SHOULD ANY OF TH4 ABOVE DE6CRIBEO POLICIES 1E'CAHCP-LFb BEFOIt! d'
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EXPIRATION DATE THEREOF,THE!ISBUINo ebfu)PANY rLL "DF-Aft" Yo.A q..,
L O S Alton H j I Is 10 DAY$wm TEN NOTICE TO THE CEiinF qq TE MOLDER•,NATVIED To m EE L 1
8 r r em0 f1't Road BUT FAILURE TO MAj.SUCH NOTICE SHALL INIP•0rm NO OBL10Ano'N AOR LI>}B• TI'Y,'
La,s' .AI'tv,s H I.I 1 s , CA 94023 OF ANY KIND UPON T14H COMPANY, ITO ACENYO OR Ii,EP'n' $EIUT�,TI�f.l;
f i AUTHORIZED REPRESS 7ATIYE �-