HomeMy WebLinkAboutMATCH POINT TENNIS ASSOCIATION 1City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.
Return form to the Clerk of the Council Office (M -30).
Call 647 -5237 if you have any questions.
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SITE LICENSE AGREEMENT
BETWEEN
THE CITY OF SANTA ANA
AND
MATCH POINT TENNIS ASSOCIATION
THIS LICENSE AGREEMENT ("Agreement") is made and entered into this -'- day of
/'Iovenab,." 2007, by and between the City of Santa Ana, a charter city and municipal
corporation, duly organized and exiting under the constitution and laws of the State of
California, herein referred to as "Licensor", and Match Point Tennis Academy, LLC,
herein referred to as "Licensee".
RECITALS:
A. The City of Santa Ana desires to provide a quality tennis academy at the Cabrillo
Park Tennis Center at Santa Ana, and desires to contract for such services with
Licensee.
B. Licensee represents that it is qualified to provide such services to City. In
undertaking the performance of this Agreement, Licensee represents that it is
knowledgeable in this field and that any service performed under this Agreement
will be performed in compliance with all required professional standards of
conduct and in accordance with the terms and conditions of this Agreement,
including all attachments hereto.
NOW THEREFORE, in consideration of the respective and htutual covenants and
promises hereinafter contained and made, and subject to all terms and conditions hereof,
the parties hereto agree as follows:
ARTICLE 1 - USErrERM OF LICENSE
Section 1.01 License Area and Use
(a) Licensor owns the real property commonly know as The Cabrillo Park
Tennis Center,located at 800 N. Cabrillo Park Drive, Santa Ana,
California (''the Property"). The Property has nine (9) lighted tennis courts
and a small tennis clubhouse complete with locker rooms and showers for
players.
Licensor grants to Licensee the privilege of a personal, non-exclusive,
revocable license ("License") to encroach upon the "License Area", as
herein described and shown in general in Exhibit <<A", attached hereto
and incorporated herein by reference, for the purpose of accommodating a
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tennis training facility and for no other purpose unless expressly agreed to
in writing by the Licensor.
(b) The right and permission of Licensee is subordinate to the prior and
paramount right of Licensor to use the Property in its entirety for public
purposes to which it presently is and may, at the option of Licensor, be
devoted. Licensee undertakes and agrees to use the License Area and to
exercise this License at all times in such manner as will not unreasonably
interfere with the full use and enjoyment of the Property by Licensor and
the public it serves.
(c) Licensee hereby acknowledges that title to the Property is vested in
Licensor and agrees never to assail or resist the same, and further agrees
that Licensee's use and occupancy of License Area shall be referable
solely to the permission herein given.
(d) As a covenant to this Agreement, Licensee shall adhere to and comply
with all responsibilities set forth in City's Athletic Field Use Policies and
Procedures, attached hereto as Attachment 1, and incorporated herein.
Section 1.02 Term
(a) The term ofthe Agreement for the License Area ("Term") shall be one
year (1) commencing on November 1,2007 ("Commencement Date").
(b) This License may be extended for up to one additional one-year term by
the mutual written agreement of both parties. Such option shall be subject
to all of the terms and conditions contained herein. The amount of
compensation to be paid by Licensee to Licensor will be renegotiated for
any extended term. Earlier termination ofthis License shall be in
conformance with Section 5.02, below.
(c) The Licensee must inform Licensor, in writing delivered ninety (90) days
prior to the end of the current term, of its interest in exercising the option
to extend the term of the Agreement. Upon receipt of said written notice,
the parties shall negotiate the compensation to be effective during the
extended term.
Section 1.03 Com pensation/Consideration
(a) (a) Upon the Commencement Date, Licensee shall pay to Licensor
monthly compensation in the amount of $800.00 per month
("Compensation") for use of the License Area. Additional compensation
for use of the licensed facilities shall be provided by Licensee's
sponsorship of students and installation of improvements to the tennis
facility. Compensation will be due upon execution of this Agreement and
thereafter on or before the 10th day of each succeeding month, payable to
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"The City of Santa Ana" and remitted to: The City of Santa Ana, 888
Santa Ana Blvd., Suite 200, Santa Ana, CA 92701. A late charge often
percent (10%) shall be applied after any payment hereunder is due but
unpaid. In addition, one and a half percent (1 ~%) interest per month shall
be added for each month that payment hereunder is due but unpaid.
(b) After six months, Licensee's monthly compensation payments shall be
$1,600.00 per month for the remaining term. This amount will be open for
renegotiation if the option to extend for a subsequent year is exercised.
(c) Any holding over after the expiration ofthe Term or Renewed Term, with
the consent of Licensor, shall be construed to be an extension from month
to month subject to the same terms and conditions herein specified.
Section 1.04 Licensee Responsibilities.
A. Licensee agrees that City programs shall have FIRST PRIORITY use of
the Property.
B. Licensee agrees that students attending a Santa Ana Unified School
District (SAUSD) school as well as City of Santa Ana residents (youth and
adult) shall be given FIRST PRIORITY to participate in Licensee's
programs.
C. Licensee shall strive to balance the number of boys and girls participating
in each of its programs. Equal opportunity shall be given to both boys and
girls to participate in try-outs, clinics, tournaments, academies and any
other programs that Licensee provides.
D. Licensee agrees to accept two (2) Santa Ana resident youth players
(between the ages of 12 and 17) who qualify to participate in the
Licensee~s Advanced Player Development Tennis Academy. Licensee
shall provide free training and consulting services to the sponsored
students.
E. Licensee agrees to accept two (2) Santa Ana resident youth players
(between the ages of9 and 13) who qualify to participate in the Licensee's
Intermediate Player Development Tennis Academy. Licensee shall
provide free training and consulting services to the sponsored students.
F. Licensee agrees to accept two (2) Santa Ana resident youth players
(between the ages of 14 and 16) who qualify to participate in Licensee's
High School Player Development Tennis Academy. Licensee shall
provide free training and consulting services to the sponsored students.
G. Should Licensor agree to sponsor and pay the expenses for additional
qualified Santa Ana youth tennis players to attend any of the above
academies, Licensee agrees to give these players FIRST PRIORITY to
participate in these academies.
H. Licensee agrees that each sponsored tennis player who participates in the
Licensee's Player Development Academies shall maintain a "B" grade
point average or higher. Licensee agrees that should any player registered
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in their academies drop below a "B" grade point average, that student will
be placed on academic probation for six months. During the six month
probationary period, if the student fails to raise hislher grade point average
to the required level, he/she will be terminated from the program.
Section 1.05 Non-Possessory Interest
Licensor retains full possession of the License Area and Licensee will not acquire any
interest temporary, permanent, irrevocable, possessory or otherwise by reason of this
Agreement, or by the exercise of the permission given herein. Licensee agrees that
Licensor shall have first priority use of the Property and License Area for the entire term
of this Agreement, including any option period. Licensee will make no claim to any such
interest. Any violation of this provision will immediately void and terminate this
Agreement.
Section 1.06 Non-Recording
Neither party shall record this Agreement.
ARTICLE 2 -TAXES AND UTILITIES
Section 2.01 Utilities
Licensor shall pay for all utility services furnished to the License Area for the use,
operation and maintenance of Licensee's Facilities during the Term ofthis Agreement, or
any extension thereof, including paying for all grounds, landscaping and building
maintenance in accordance with the City's landscape and custodial service specifications.
ARTICLE 3 - IMPROVEMENTS AND ACCESS
Section 3.01 Licensee's Facilities
(a) Licensee shall hold title only to Licensee's Facilities which shall consist of
any equipment or personal property placed on the License Area by
Licensee. All of Licensee's Facilities shall remain the property of
Licensee and are not fixtures. Licensee has the right to remove all of
Licensee's Facilities at its sole cost and expense on or before the
expiration or termination of this Agreement; provided that such removal
shall be done in a professional and careful manner, without interference or
damage to any other equipment, structures or operations on the License
Area or the Property, including the use ofthe License Area or Property by
Licensor or any of Licensor's licensees, assignees or lessees. Licensee
shall repair any damage to the License Area caused by such removal and
will leave the License Area in satisfactory condition as approved in
writing by Licensor. Licensee shall be required to remove all of its
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Facilities upon expiration/termination of the License, and if Licensee fails
to do so within thirty (30) days, Licensor may elect to do so at Licensee's
sole cost and expense. Any personal property, equipment or other
improvements that are not removed within said thirty-day period shall
become the property of Licensor, at Licensor's option. Licensee's
obligation to pay compensation to Licensor shall not cease, unless and
until the Facilities that Licensee must remove, are removed to Licensor's
approval.
(b) Each party shall provide access to the License Area to the other party, and
its employees, agents, contractors and subcontractors, twenty-four (24)
hours a day, seven (7) days a week. Licensor represents and warrants that
it has full rights of ingress and egress to and from the License Area, and
hereby grants such rights to Licensee to the extent required to maintain,
and operate Licensee's program within the License Area. Licensee's
exercise of such rights shall not cause undue inconvenience to Licensor.
(c) Upon the expiration or termination ofthis Agreement, Licensor shall
approve in writing the surrender ofthe License Area by Licensee only
after being satisfied that License Area has been left in good and clean
condition, less ordinary wear and tear.
(d) Quiet Enjoyment. Upon Licensee paying the license fee reserved
hereunder, and observing and performing all of the covenants, conditions,
and provisions on Licensee's part to be observed and performed
hereunder, Licensee shall have quiet possession of its License Area for the
hours set forth in Exhibit X during the entire term hereof, subject to all the
provisions of this License.
(e) Licensee agrees all changes or modifications to any of the Facilities or the
Property require prior written approval of the Executive Director of Parks,
Recreation and Community Services. All requests for such changes or
modifications shall be submitted by Licensee to Licensor, and Licensor
reserves the right to approve or deny such requests.
Section 3.02 Liens
Licensee will not permit any mechanics' or materialmens' or other liens to stand against
the License Area by reason of any use or occupancy by Licensee, or any person claiming
under Licensee.
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ARTICLE 4 - INDEMNITY AND INSURANCE
Section 4.01 Indemnification, Defense, Hold Harmless
Licensee shall protect, defend, indemnify and save and hold harmless Licensor, its
officers, officials, employees, and agents from and against any and all liability, loss,
damage, expenses, costs (including without limitation costs and fees of litigation of any
nature) arising out of or in connection with Licensee's performance ofthis Agreement or
Licensee's failure to comply with any of Licensee's obligations contained in the
Agreement by Licensee, its officers, agents or employees except such loss or damage
which was caused by the sole negligence or willful misconduct of Licensor. In the event
Licensor is named as codefendant, Licensee shall notify Licensor of such fact and shall
represent Licensor in such legal action unless Licensor undertakes to represent itself as
codefendant in such legal action, in which event Licensor shall bear its own litigation
costs, expenses and attorney's fees. Licensee further agrees to indemnify, hold harmless,
and pay all costs for the defense of the Licensor, including fees and costs for special
counsel to be selected by Licensor, regarding any action by a third party challenging the
validity of this Agreement, or asserting that personal injury, damages, just compensation,
restitution, judicial or equitable relief due to personal or property rights arises by reason
of the terms of, or effects arising from this Agreement. Licensor may make all
reasonable decisions with respect to its representation in any legal proceeding.
Section 4.02 Insurance
In addition to the Licensee's covenant to indemnify and hold harmless Licensor, Licensee
shall obtain and furnish to Licensor, a policy of general public liability insurance,
commercial general liability and property insurance covering the License Area and
Licensee's Facilities. The policy shall indemnify Licensee and Licensor, their officers,
agents and employees, while acting within the scope oftheir duties, against any and all
claims arising out of or in connection with the License Area and Licensee's Facilities,
and shall provide coverage in not less than the following amount: combined single limit
bodily injury, personal injury and property damage, liability, of $1,000,000 per
occurrence. The City also requires an Additional Insured Endorsement, as attached and
incorporated herein as Exhibit B. The policy shall name Licensor, its agents, officers,
employees and volunteers as Additional Insureds, and shall specifically provide that any
City insurance coverage which may be applicable to the License Area and Licensee's
Facilities shall be deemed excess coverage and that Licensee's insurance shall be
primary. Licensee is required to give the Licensor no less than thirty (30) days notice of
cancellation or reduction in coverage. No cancellation provision in any insurance policy
shall be construed in derogation ofthe continuous duty of Licensee to furnish insurance
during the term of this Agreement.
Section 4.03 Certificates of Insurance; Additional Insured Endorsements
Prior to execution ofthis Agreement, Licensee shall furnish to Licensor certificates of
insurance and additional insured endorsements to each of Licensee's insurance policies,
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subject to approval of the City Attorney, evidencing the foregoing insurance coverages as
required by this Agreement; these certificates shall:
1. provide the name and policy number of each carrier and policy;
2. state that the policy is currently in force; and
Section 8.0 promise to provide that such policies will not be canceled, suspended,
voided, reduced in coverage or in limits, or modified without thirty (30) days
prior written notice of Licensor; and
Licensee shall maintain the foregoing insurance coverages in force throughout the term of
this Agreement. Licensor or its representatives shall at all times have the right to demand
the original or a copy of all these policies of insurance, which Licensee shall provide
within fifteen (15) days of Licensor's request.
ARTICLE 5 - TERMINATION AND DEFAULT
Section 5.01 Termination in the Event of Casualty
In the event of any damage or destruction of the License Area, which renders the License
Area unusable or inoperable in Licensor's judgment, Licensee shall have the right, but
not the obligation, to terminate the Agreement with respect to the subject License Area
by giving written notice to Licensor within thirty (30) days after such damage or
destruction. Ifby virtue of such casualty, Licensor determines that the License Area is no
longer adequate for Licensee to continue its operations, or any repairs to the License Area
have not been completed or cannot reasonably be completed within sixty (60) days from
the date of the damage or destruction, this License Agreement will become null and void.
Section 5.02 Termination
This Agreement may be terminated after thirty (30) days prior written notice (1) by
either party upon a default of any covenant or term hereofby the other party, which
default has been noticed and is not cured within thirty (30) days of receipt of written
notice of default; or (2) by Licensor if notice has been given to Licensee for failure to pay
the monthly compensation, provided that the grace period for any monetary default is
only ten (10) days from receipt of notice.
ARTICLE 6 - ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY
Section 6.01 Assignment
Licensee may not assign this Agreement. This Agreement is personal to Licensee, and
Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in
whole or in part, and any attempt to do so will be void and confer no right upon any third
party .
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Section 6.02 Abandonment by Licensee
Should Licensee breach this Agreement and abandon the License Area prior to the
expiration ofthe Term or Renewal Term, Licensor may:
(a) Continue this License in effect by not terminating Licensee's right to the
License Area, in which event Licensor shall be entitled to enforce all of its
rights and remedies under this Agreement, including the right to recover
the compensation/consideration specified in this Agreement as it becomes
due under this Agreement; or
Section 8.0 Terminate this Agreement and recover from Licensee any amount
necessary to compensate Licensor for all detriment
proximately caused by Licensee's failure to perform its
obligations under this Agreement.
Section 6.03 Default by Licensee
Should Licensee default in the performance of any of the terms, conditions, or obligations
contained in this Agreement, Licensor may, in addition to the remedies specified in
Section 6.02 of this License, re-enter and regain possession of the License Area in the
manner provided by the laws of the State of California then in effect.
Section 6.04 Insolvency of Licensee
The insolvency of Licensee as evidenced by a receiver being appointed to take possession
of all or substantially all ofthe property of Licensee, or the making of a general
assignment for the benefit of creditors by Licensee, or the filing of a petition in
bankruptcy shall terminate this Agreement and entitle Licensor to re-enter and regain
possession ofthe License Area.
Section 6.05 Cumulative Remedies
The remedies given to Licensor in this Agreement shall not be exclusive, but shall be
cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere
provided in this Agreement.
Section 6.06 Waiver of Breach
The waiver by Licensor of any breach by Licensee of any of the provisions of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach
by Licensee either of the same or another provision of this Agreement.
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ARTICLE 7 -HAZARDOUS MATERIALS
Section 7.01
At the time of execution of this License, Licensor warrants that the License Area is clean
and contains no known hazardous materials. Licensee represents and warrants that it will
comply with all environmental laws during the term of this License; its use ofthe License
Area herein will not generate any hazardous substance, and it will not store or dispose on
the License Area nor transport to or over the License Area any hazardous substance.
Licensee further agrees to clean-up and remediate any hazardous substance on the
License Area and Property, and hold Licensor harmless from and indemnify Licensor
against any release of any such hazardous substance and any damage, loss, or expense or
liability resulting from such release including all attorneys' fees, costs and penalties
incurred as a result thereof. "Hazardous substance" shall be interpreted broadly to mean
any substance or material defined or designated as hazardous or toxic waste, hazardous or
toxic material, hazardous or toxic or radioactive substance, or other similar term by any
federal, state or local environmental law, regulation or rule presently in effect or
promulgated in the future, as such laws, regulations or rules may be amended from time
to time; and it shall be interpreted to include, but not be limited to, any substance which
after release into the environment will or may reasonably be anticipated to cause
sickness, death or disease.
ARTICLE8-MUSCELLANEOUS
Section 8.01 Force Majeure - Unavoidable Delays
Should the performance of any act required by this Agreement to be performed by either
Licensor or Licensee be prevented or delayed by reason of an act of God, strike, lockout,
labor troubles, inability to secure materials, restrictive govemmentallaws or regulations,
or any other cause except financial inability not the fault of the party required to perform
the act, the time for performance of the act will be extended for a period equivalent to the
period of delay, and performance ofthe act during the period of delay will be excused,
provided, however, that nothing contained in this section shall excuse the prompt
payment of compensation by Licensee as required by this Agreement or the performance
of any act rendered difficult solely because of the financial condition of the party,
Licensor or Licensee, required to perform the act.
Section 8.02 Notice
Any written notice or required submittals, given under the terms of this Agreement, shall
be delivered personally, or mailed, certified mail, postage prepaid, addressed to the party
concerned as follows:
To Licensor:
Clerk of the City Council
City of Santa Ana
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20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of the Recreation & Comm. Services Agency
City of Santa Ana
888 W. Santa Ana Blvd., Ste. 200
Santa Ana, CA 92702
Telefacsimile (714) 647-6549
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, CA 92702
Telefacsimile (714) 647-6515
To Licensee:
Match Point Tennis Academy
7878 E. Portico Terrace
Orange, CA 92867
Attn: Elson T. De Cantuaria, Director
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by
mail, communication shall be effective or deemed to have been given three (3) days after
it has been deposited in the United States mail, duly registered or certified, with postage
prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall
be effective or deemed to have been given twenty-four (24) hours after the time set forth
on the transmission report issued by the transmitting facsimile machine, addressed as set
forth above. For purposes of calculating these time frames, weekends, federal, state,
County or City holidays shall be excluded.
Section 8.03 Contract Administrator
The Executive Director of the Parks, Recreation and Community Services Agency, or
his/her designee, shall be City's License Administrator for this Agreement and all
approval and notices required to be given herein shall be so directed and addressed.
Section 8.04 Compliance with Laws
Licensee shall at Licensee's own cost and expense comply with all statutes, ordinances,
regulations, and requirements of all governmental entities, including federal and state,
county and municipal, relating to Licensee's use and occupancy of the License Area and
Licensee's Facilities whether such statute, ordinances, regulations, and requirements be
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now in force or hereinafter enacted. The judgment of any court of competent jurisdiction,
or the admission by Licensee in a proceeding brought against Licensee by any
government entity, that Licensee has violated any such statute, ordinance, regulation, or
requirement shall be conclusive as between Licensor and Licensee and shall be
considered grounds for termination of this Agreement by Licensor. Licensee will obtain
all permits, licenses and other governmental approvals required in connection with
Licensee's activities hereunder, and update such permits/licenseslapprovals as necessary.
Section 8.05 Binding on Heirs and Successors
This Agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties hereto. The provisions of this
Section shall not be deemed to be a waiver of any of the conditions against assignment
set forth herein.
Section 8.06 Partial Invalidity
Should any provision of this Agreement be held by a court of competent jurisdiction to be
either invalid, void, or unenforceable, the remaining provisions of this Agreement shall
remain in full force and effect unimpaired by the holding, so long as the reasonable
expectations of the parties hereto are not materially impaired.
Section 8.07 Waste or Nuisance
Licensee shall not commit or permit the commission by others of any waste on the
License Area. Licensee shall not maintain, commit, or permit the maintenance or
commission of any nuisance as defined in Section 3479 and/or Section 3480 of the
California Civil Code on the Property or License Area; and Licensee shall not use or
permit the use of the License Area for any unlawful purpose.
Section 8.08 Time of Essence
Time is expressly declared to be of the essence in this Agreement.
Section 8.09 Governing Law
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this
Agreement shall be determined and governed by the laws of the State of California. Both
parties further agree that Orange County, California, shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this
Agreement.
Section 8.10 Survival
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Terms and conditions ofthis Agreement which by their sense and context survive the
termination or expiration of this Agreement, shall so survive.
Section 8.11 State of EmergencylPublic Necessity
Due to the fact that the Property is a public facility, upon the declaration of a state of
emergencylpublic necessity, Licensor may, give immediate notice in writing to Licensee
to suspend or revoke normal operation under this Agreement without liability to Licensee
when the emergencylpublic necessity so requires, or to suspend operation immediately
hereunder temporarily in the event of such public emergency, as may be determined by
the City Manager. Such suspension will terminate as soon as the public necessity or
emergency no longer exists. Licensee shall be compensated for any time of suspended
use or operation by Licensor in the form of an equal amount oftime added onto the term
of the License by Licensor (i.e. Licensee suspends operation for 2 months due to state of
emergency, License is extended an additional 2 months).
Section 8.12 Conflict of Interest
Licensee covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance ofthis License
Agreement specified herein.
Section 8.13 Attorney's Fees
In the event suit is brought by either party to enforce the terms and provisions of this
Agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
Section 8.14 Exclusivity and Amendment
This Agreement, along with all of the Attachments, which are attached hereto and
incorporated herein, constitute the entire agreement and understanding between Licensor
and Licensee respecting the License Area, the licensing ofthe License Area to Licensee,
or the License Term herein specified, and correctly sets forth the obligations of Licensor
and Licensee to each other as of its date. Any agreements or representations respecting
the License Area or their licensing between the parties not expressly set forth in this
instrument are null and void. This Agreement or any part of it may not be changed,
altered, modified, limited or extended orally or by any Agreement between the parties,
unless such Agreement is expressed in writing, signed and acknowledged by Licensor
and Licensee, or their successors in interest.
Section 8.15 Captions
Captions used in this Agreement are for ease of reference only and shall not affect the
construction or interpretation of this Agreement.
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Section 8.16 Non-Discrimination
Licensee shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion,
termination or other employment related activities. Licensee affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local laws
and regulations.
IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be
executed by and through their authorized officers the day, month and year first written
above.
ATTEST:
CITY OF SANTA ANA
R~
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Clerk of the ouncil
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City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
B . Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
LICENSEE:
/
6dec~~r
Parks, Recreation and
Community Services Agency
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By: ELSON T. E CANTUARIA
Director
TaxID# ;20 -636-2e5:.2
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LIST OF EXHIBITS/ATTACHMENTS
Exhibit A: License Area
Exhibit B: City Additional Insured Endorsement
Attachment 1: City of Santa Ana (PRCSA) Athletic Facilities Use Policies and
Procedures
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EXHIBIT A
LICENSE AREA
Matchpoint is granted priority court use for up to three courts (four where indicated), at
the Cabrillo Park Tennis Center, located at 800 N. Cabrillo Park Drive, Santa Ana,
California (''the Property"), during the times indicated in the attached "Schedule of
Activities" .
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Attachment 1
lie
FIELD SE
EDURES
APPROVED BY THE PARKS AND RECREATION
COMMISSION BOARD ON FEBRUARY 28, 2007
DO NOT RECORD
CITY OF SANTA ANA
PARKS, RECREATION AND COMMUNITY SERVICES AGENCY
ATHLETIC FACILITIES USE POLICIES & PROCEDURES
TABLE OF CONTENTS
TITLE......................................................................... .................................... ..PAGE(S)
INTRODUCTION............................................................................................................... .4
I. DEFINITIONS........................... ................................................................ .4-6
II. REGiSTRATION....................................................................................... ..6-7
A. Registration Policy
B. Annual Field Use Permit Registration Procedure
III. PERMIT................................................................................................... 7-9
A. Priority Use Policy
B. Annual Use Permit Procedure for Sporting Facilities
C. Rules Governing Annual Field Use Permits
IV. FIELD RESERVATIONS............................................................................ ..9-10
A. Reservation Field Permit Process
B. Reservation Cancellations or Changes
C. Request For Refund or Credit Toward Future Reservations
V. ATHLETIC FACILITY SPECIAL EVENTS.......................................................10-11
A. City Events
B. Tournaments
C. Special EventsfT oumament Length
D. Number ofToumaments Per Year
E. Special EvenllTournament Locations
VI. INSURANCE REQUiREMENTS....................................................................... 12
F. General Liability Insurance
G. Additional Insured Endorsement
H. Thirty Day Cancellation Clauses Notice
I. Unacceptable Clauses
VI. RESERVATION TERMS AND CONDITIONS...................................................12-14
A. Permit Reservation Deposit
B. Event End Times
C. Damage to Facility(s) and any other Unforeseen City Expenses
D. Fireworks
E. Aircraft and parachutists
F. Television and Radio Rights
G. Advertisements
H. Concessions
I. Fencing and Barriers
J. No Driving of Vehicles on Agency Property
K. Parking Within Dan Young Soccer Complex
L. Event Staffing
M. Loss of Annual Reservation Permit
N. Rejection/Revocation of Use Permit
O. Portable Outfield Fencing
P. Private Portable Lights
Q. Park Rules
R. 3 Strike Suspension Policy
S. Park Modification Policy
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CITY OF SANTA ANA
PARKS, RECREATION AND COMMUNITY SERVICES AGENCY
ATHLETIC FIELD USE POLICIES & PROCEDURES
INTRODUCTION
The Parks, Recreation and Community Services Agency are pleased to serve you, our athletic field customers, by providing you with this
policies and procedures document. It is the intent of this document to help your sport organization; players, coaches and administrators, to
better enjoy the use of our City's athletic fields.
After reviewing these policies and procedures please feel free to contact our Reservation Administration Office (714-571-4212) with any
comments or suggestions. Let me assure you that we will take your suggestions seriously by sharing it with the Committee On Field Usage
(COFU). Once COFU reviews your suggestion they will forward it on to the Parks, Recreation and Community Services Agency Reservation
Team for final consideration.
Best wishes, for a positive athletic field reservation experience.
I. DEFINITIONS
A. Agency: Parks, Recreation & Community Services Agency.
B. Civic Minded: An organization, which dedicates part of its mission to serve and support youth in Santa Ana.
C. Community Based: An organization whose majority of participants resides within the City of Santa Ana.
D. COFU: Acronym for 'Committee On Field Usage.' COFU is a sub-committee of the Park and Recreation Committee.
COFU's purpose is to help Parks, Recreation and Community Services improve its reservation system and help by making
recommendations on matters pertaining to the reservation system policies and procedures.
D. Miscellaneous Fee Schedule: The City Council approved schedule of fees that are to be charged for deposits, rental of
facilities, rental of equipment and/or for City services (see Attachment _Parks, Recreation & Community Services
Miscellaneous Fees).
E. General Liability Insurance: City Attomey approved insurance required by each sport organization in order to reserve
athletic fields and/or conduct events (see attachment _ General Liability Insurance Requirements and Additional Insured
Endorsement Examples).
F. Non.Profit Organization: An organization that registers with the City as a non-profit organization by providing documents
verifying non-profit status (501 (c) 3) with the federal, and state government and having a current City business license.
G. For Profit Organization: An organization that registers with the City as a for profit organization by providing documents
verifying for profit status with the federal, state govemment and having a current City business license.
H. League: Any individual or group of individuals who preside over a team or group of teams.
1) Recreation League Definition: Minimum mandatory play per league rules. To qualify, as a recreation league a
league shall present to the City the league rules specifying their mandatory play rule.
2) Non-recreation League Definition: Any sport org that does not have a mandatory play per league rules, i.e.
Coast Soccer League, travel softball, etc.
Non-Santa Ana Team Play:
1) Tournament Play - A special event where team or player registration fees are required to participate. Teams
maybe from Santa Ana or other cities.
2) Friendly: A non-special event where no team or player registration fees are required to participate. A
game/match where referees, umpires or other official's are there to officiate the game/match. One Santa Ana
team must be on the field participating at all times.
3) Scrimmage: A non-special event where no team/player registration fees are required to participate. A
practice game/match where there are no referees, umpires or other officials there to officiate the game/match.
One Santa Ana team must be on the field participating at all times.
4) Playoff: A single sport organizations end of season playoffs that lead to a champion. A non-special event
where no team or player registration fees are required to participate. A game/match where referees, umpires or
other official's are there to officiate the game/match. A Santa Ana sport organization must host the playoff and
have at least one team participating . To be considered a playoff successful teams must advance to another
playoff or championship game/match. For teams to qualify to participate in a leagues playoffs they must have
piayed two-thirds of the leagues scheduled games.
J. Reservations: The process whereby the Reservation Customer Service Representative takes money, signs up a person,
assigns priority to the group for a specific facility at an appointed day(s)/time(s) etc.
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K. Reservation Deposit: A sum of money given to the City by an individual or organization prior to an event and/or a
reservation of City facilities as a guarantee that all policies, procedures, rules and/or ordinances governing events or the use
of facilities will be strictly adhered to.
L. Special Event: An event or tournament whose goal is to make a profit by charging participants, visitors, sponsors, etc.
Special events use athletic fields outside the annual field use permit process.
M. Team: 1) Games - the minimum number of players/coaches required under rule to playa game; and, 2) Practice-
Two-thirds the number of players required under rule to play an official game.
N. Tournament: A special event, which organizes games, matches, entertainment, etc. at a specific facility or facilities. A
tournament shall be one weekend only and for four (4) consecutive days or less.
O. User: Any person or sport organization that holds a reservation permit(s) to use City Parks, Recreation & Community
Services facility or facilities.
P. Youth Athlete: A youth athlete is defined as an athlete who is 19 years of age or
younger or an athlete who is 20 years of age but qualifies to play in an Under 19 division of the sport based on the age
group rules in effect in that particular sport. The City of Santa Ana PRCSA reserves the right to interpret, modify and/or
approve any and all U19 division league rules or language.
II. REGISTRATION
A. Registration Policy: All users that wish to use City parks and/or recreation facilities shall complete the registration
procedure and be approved by PRCSA before applying for annual field use permits and/or a special event permit.
B. Annual Field Use Permit Registration Procedure: Each year each league must register with PRCSA. Once a league has
successfully completed the annual field use permit registration procedure they will be awarded annual field use permits.
These permits grant a league first priority to use a specific athletic facility each week on a specific day and time.
In order for a league to qualify for annual field use permits they shall submit the following information in writing by the date
prescribed by PRCSA:
1) Name of organization;
2) Business address where correspondence may be mailed;
3) A business phone number;
4) A list of the organizations officers by name and title;
5) A list of officer home and cell phone numbers;
6) A copy of their City of Santa Ana business license;
7) A copy of documents verifying federal and state tax compliance;
8) Rosters by league name, team name, division name, coaches name, team mother/dad names, and team
players information, including name, address, date of birth, age and gender;
9) A copy of their City of Santa Ana Attorney approved certificate of
insurance; (reference page 8 VI. Insurance Requirements)
10) A $200.00 check made out to the City of Santa Ana for the field
reservation deposit;
11) Upcoming season schedule of games, including playoffs and tournaments, listing locations, dates, times, and
divisions playing i.e. U18 Boys.
Failure by a league to submit their registration information by the prescribed time will disqualify that league from receiving
annual field use permits for that year.
All registration information shall be sent to: Park Services Superintendent, Parks, Recreation & Community Services
Agency, 888 W. Santa Ana Blvd., 2" Floor, Santa Ana, CA. 92701. Once the information has been reviewed and found to
be accurate and complete the sport organization will be notified that they are approved to obtain a permit to reserve
facilities. However, should information in the registration application be found inaccurate or incomplete, the requesting user
will not be approved to reserve facilities.
C. Roster Update Procedure: Agency accepts that the original roster submittal by each league, during the registration
process that establishes each league annual field use permits, may have used old data from a previous season. With this
in mind, each league shall update it's rosters before any leagues teams and/or players begin using athletic fields by
submitting an "Roster Update form (see attachment Roster Update form) to the Park Superintendent. The Roster Update
form will include any new teams/players and any teams/players who are no longer playing with the league. Note that after a
league submits a Roster Update form PRCSA Reservation Administration staff will review Roster Update form request to
add/drop teams/players. Once the request to add/drop teams/players is approved the league will be notified in writing as to
whether or not their request was approved or denied. Note that any leagues teams/players discovered using athletic fields
prior to Roster Update approval will receive a warning, strike or suspension letter (see attachment 3 Strike/Suspension
Policy).
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III. PERMIT
A. Priority Use Policy: It is the pOlicy of the Parks, Recreation and Community Services Agency that Santa Ana residents
are given priority status in making reservations. The Agency recognizes that the demand for reserved facilities may be
more than the supply of said facilities. Therefore, at times, there may be more than one league that is competing for use of
the space at the same time. Therefore, the following factors shall be used in determining which league will have priority use
of an athletic facility in the event of a conflict:
1) 1 st Priority - City run sport program;
2" Priority - Local run sport program (Programs with more than 51 % residents on each team);
3rd Priority - Non-local sport program (Programs with less than 51 % residents on each team);
2) Percentage of the leagues participants reside in the immediate area of the facility (GIS Maps to assist in
determining this information);
3) Percentage of the leagues participants reside in the City (GIS Maps to assist in determining this information);
4) The league is civic minded which is being one that dedicates part of its mission to serve and support youth in
Santa Ana.
5) The league has established that it follows City/Agency rules, policies and procedures;
B. Annual Use Permit Procedure for Sporling Facilities: The Agency shall determine which park facilities shall be
reserved for annual play. Each year the Agency shall request that all leagues complete the registration process to be
considered for annual fleld use permits. Leagues that successfully complete the registration process will be notified of their
new annual field use permits. Leagues who wish to change their annual field use permits may write a letter to the
Recreation-Reservation Supervisor specifically stating the reason for the requested change and what proposed changes the
Agency should consider. Upon receipt of a leagues letter requesting a change in their annual field use permits the
Recreation-Reservation Supervisor shall meet with the sport organization to discuss and clarify the proposed changes
stated in their letter. The Recreation-Reservation Supervisor shall respond back to the requesting league stating the
Agency's decision on the request. Should the league still not be satisfied with their annual field use permits the league may
write a letter to the Park Superintendent requesting a hearing with the Committee On Field Usage (COFU). Should a
hearing with COFU take place, a written recommendation from COFU will be forwarded to the PRCSA Reservation Team
for final review and decision.
C. Rules Governing Annual Field Use Permits:
1) Forfeiture of Unused Permit Reservation Time Blocks: Should a league fail to reserve its specific field and
time block under their use permit ten (10) times during the course of the year, the annual use permit for that
field and time block is deemed forfeited and will become available every Tuesday and Thursday moming at
11 :00 a.m. for weekly reservations.
2) Available Time Blocks: Time blocks, which are forfeited or become available for any reason, shall be
available to any registered league for reservation each Tuesday and Thursday morning at 11 :00 a.m. in
the Reservation Customer Service Representative's office. At this time, the Reservation Customer
Service Representative will, if more than one league is interested in reserving the available field/time block,
ask the Park Services Superintendent to use the Priority Use procedure mentioned above to determine who
may reserve the field/time block.
3) Trading or Transferring Blocks: Trading or transferring of blocks is prohibited and considered a violation of
the policies and procedures. Leagues who know they will be unable to use their time block(s) shall cancel their
reservation(s) thereby making the time block(s) available for the Agency to make it available for others to use.
(reference page 5 IV. Field Reservations, B. Reservations Cancellations or Changes)
4) Reservation Time Blocks: All reservations shall be broken into time blocks:
a) Youth Sports - Reservations shall be made in 2-hour time blocks.
b) Adult Sports - Reservations shall be made in 4-hour time blocks.
5) Unauthorized Use of Fields: Unauthorized use of fields without a permit is
strictly prohibited. Violators may be cited and/or receive a waming, strike or suspension (see attachment 3
Strike/Suspension Policy).
6) Inclement Weather Policy (MUD LINE): During conditions of inclement weather the Mud Line will be update
during the day with the last update at 3:00PM. Leagues shall call the Mud Line (714-571-4201) prior to
scheduled play to determine whether or not specific sport fields are open or closed. Should the Mud Line
specify that specific sport fields or portions of a field are closed then leagues understand and agree that!!Q play
of any type shall be scheduled on the specified sport fields until it is noted on the Mud Line that specific sport
fields or portions thereof are open.
a) Baseball/Softball leagues shall make their own determination as to whether or not field(s) is safe and
playable. This sport group shall be held accountable for injuries to players and damage(s) to fields should
they decide to play.
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b) Soccer/Football/Cricket leagues shall be bound by the Mud Line. Leagues that willfully violate the Mud Line
by playing on field(s) when they are closed are in violation of this policy.
IV. FIELD RESERVATIONS
A. Reservation Field Pennit Process: A league president or his direct representative, as evidenced by a signed letter of
proxy, shall make the reservation field permits at the Reservation Customer Service Representative's office located at
Parks, Recreation & Community Services headquarters, 888 W. Santa Ana Blvd. 2nd Floor by:
1) Payment must be made for field use by Tuesday at 11 :00 a.m. for reservations being held for the upcoming
Thursday, Friday, Saturday and Sunday;
2) Payments must be made by Thursday at 11 :00 a.m. for reservations being held for the upcoming Monday,
Tuesday and Wednesday.
B. Reservation Cancellations Or Changes:
(a) By Tuesday prior to the upcoming Thursday, Friday, Saturday and Sunday reservations.
(b) By Thursday prior to the upcoming Monday, Tuesday and Wednesday reservations.
Failure to submit written cancellation or reservation change requests will be denied:
3) All requests for reimbursements/credits must be made in writing specifying:
c) the specific reasons for the requested reimbursement/credit;
d) what specific fields and reservation times were not used;
e) what specific dates, days and times they would like the field(s) credited toward.
C. Request For Refund Or Credit Toward Future Reservations:
1) Non.lnclement Weather Requests: Leagues that successfully complete the "ReservationCancellation or
Change' procedure may request in writing a field reservation change or cancellation refund or credit for having
not used the previously reserved sport field(s). In order for the league to qualify for a refund or credit they
must have submitted their requests by 8:00a.m.:
(c) By Tuesday prior to the upcoming Thursday, Friday, Saturday and Sunday reservations.
b) By Thursday prior to the upcoming Monday, Tuesday and Wednesday reservations.
2) Inclement Weather Requests: Leagues who are unable to use their field reservation permit due to inclement
weather may request a reimbursement or credit toward future reservations by submitting their requests in
writing (by fax. e-mail or letter) to the PRCSA Reservation Customer Service Desk by 8:00A:
a) By the next Tuesday prior to the upcoming Thursday, Friday, Saturday and Sunday reservations.
b) By the next Thursday prior to the upcoming Monday, Tuesday and Wednesday reservations
Failure to submit written cancellation or reservation change requests by the prescribed day and time will be
denied:
All appeals may be directed to Committee On Field Use (COFU) for further consideration.
3) Reservation No Show Policy: Leagues that choose to cancel their reservation the day of the reservation
must call the Park Rangers through the Santa Ana Police Department Dispatch (834-4211) and notify them of
the cancellation. Failure to follow this policy is a violation and will result in the league being issued a warning or
strike letter.
V. ATHLETIC FACILITY SPECIAL EVENTS
A. City Events: The City reserves the right, from time to time, to cancel ieague reservations for the purpose of using the fields
for other purposes, such as but not limited to, special events or field maintenance. The City will endeavor to give the
affected thirty (30) days notice prior to canceling a league's reservation. As a courtesy the City will endeavor to help the
league find other reservation(s) but will not be responsible for finding other reservation(s).
B. Tournaments: Tournaments as defined in I. DEFINITIONS, L. Tournaments, are considered for profit "special events" and
are considered outside the field permitting process. To propose a special event/toumament a written letter shall be sent to
the Park Superintendent no less than 90 days prior to the proposed special event/toumament. In order for the proposed
special event/toumamentto be considered the following criteria shall be met:
1) Local Leagues - Q!!!Y local leagues that have complied with the registration process may be allowed to
propose and host tournaments. Local leagues are those that have proven 51 % or greater of the leagues
players reside in Santa Ana.
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2) Fees - Leagues understand and agree that they shall pay all miscellaneous fees including but not limited to the
special event fee, field reservation fees, and any other fees including police, maintenance, recreation staff, etc.
associated with the proposed special event/toumament in advance of the proposed toumament.
3) PRCSA Co-sponsorship - Leagues may apply in writing for special event/tournament co-sponsorship. Their
letter must describe the benefit to the local league and the community. The letter should also include how the
league intends to demonstrate that benefits from their event will be realized after the toumament. Co-
sponsorship will be considered for tournaments that are 100% Santa Ana based teams from registered local
leagues only.
4) Fundraising -Special events/toumaments are allowed to raise funds for community benefit. Following the event
the special eventltournament host league shall submit a financial report outlining revenues, expenses and
profit. The report shall also indicate how the profit will be used, per the original request, to benefit the
community.
5) Toumament Description - The local league shall submit a toumament outline/toumament chart depicting
gender, age, field locations, dates, times and rules that will govern the tournament. The submittal will also list
the toumament director and their event team by name, address and phone number.
C. Special Events/Tournament Length: Special events/toumaments shall be one (1) weekend in length ~ Furthermore,
a special event/toumament shall not exceed four (4) days in length including attached holidays.
D. NumberofTournaments Per Year
1) Soccer - Four soccer special event/tournaments will be allowed per year. They will be conducted in
conjunction with major holidays.
2) Other Sports - May request special events/toumaments during the year
E. Special EventfTournament Locations:
1) Baseball/Softball- All baseball/softball fields eligible.
2) BasketballlWrestlingNolleyball/- All City/Joint Use School District gymnasiums eligible.
3) Soccer/Football- Centennial Park-Hector Godinez High School fields and the Santa Ana Stadium for final
games.
VI. INSURANCE REQUIREMENTS
A. General Liability Insurance: The City requires that prior to any reservation by a league that a current comprehensive
property damage and general liability insurance certificate in a minimum amount of one million dollars ($1,000,000) be
approved by the City Attorney (see attachment General Liability Insurance Requirements).
B. Additional Insured Endorsement: An "Additional Insured Endorsemenf' must be attached to the insurance certificate,
naming the City of Santa Ana, its officers, agents and employees as additional insured (see attachment General Liability
Insurance Requirements).
C. Thirty Day Cancellation Notice: The policy must contain thirty (30) days written notice of cancellation. A notice of
cancellation, which is less than thirty (30) days, shall only be accepted if it pertains to a one-time event, and the date of the
event is occurring within that notice period. For example, a certificate of insurance containing a ten (10) day notice of
cancellation received March 8~ for an event-taking place on March 12th.
D. Unacceptable Clauses: Clauses in the Certificate of Insurance, which are not acceptable and must be crossed out,
contain the following wording:
"endeavor to..."; and, "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its
agents or representatives."
VII. RESERVATION TERMS & CONDITIONS
A. Permit Reservation Deposit - Each sport organization shall post a reservation deposit of $200.00 during the pre-
registration process. Reservations will not be guaranteed until the reservation deposit is received. The reservation deposit
is to guarantee that all policies and procedures, park rules, City ordinances and/or directives by the Executive Director or his
designated staff are obeyed. The reservation deposit also ensures payment for damages to the facility and/or unforeseen
staff charges, such as security expenses caused by the reservation, tournament, or special event. Funds may be deducted
from this deposit and credited to the City, for any violations as listed above. Should the amount of penalties, costs and/or
additional City expenses exceed the security deposit, the promoter, organization or league shall be required to pay the
difference.
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B. Event End Times: Events shall promptly end at their scheduled ending time.
C. Damage to Facility(s) and any Other Unforeseen City Expenses: Users are responsible for any and all damage to
facilities andlor unforeseen staff costs that occur in association with their event(s). The City may deduct the cost on any
such damage or unforeseen costs from the reservation deposit. Costs, which exceed the available funds in the reservation
deposit, will result in the User being invoiced and the difference must be paid.
D. Fireworks: Pyrotechnic permits are required for any event using fireworks or other incendiary device. Written permission
must be obtained from the Santa Ana Fire Marshal's Office (647-5700). Additionally, a permit is required from the City
Business License Office (first Floor of City Hall, 20 Civic Center Plaza). Pyrotechnic companies must obtain an additional
one million dollars ($1,000,000) of liability insurance per the requirements herein.
E. Aircraft and Parachutists: Permission must be obtained from the Executive Director of Parks, Recreation and Community
Services for any use of aircraft andlor parachutists during an event. The organization andlor company providing such
aircraft or parachutists must obtain an additional one million dollars ($1,000,000) of liability insurance per the requirements
herein.
F. Television and Radio Rights: All rights to radio, television, transmissions andlor recording of the event (both audio and
video) are retained by the City. Fees for the rights to record or broadcast are $520.00 to $2,601.00 as determined by the
Executive Director. All electrical supply for any and all audio or video equipment shall be provided by the producer and
installed in a manner approved by the City.
G. Advertisements: All rights to place or distribute advertisements, or engage in any form of advertising, are retained by the
City. Advertising on Agency property is not allowed without the written approval of the Executive Director. No alcohol,
tobacco or adult entertainment sponsors will be approved for youth events.
H. Concessions: The City retains all rights to the sale(s) of food, beverages, souvenirs, and merchandise on Agency
property. No concessions are allowed without the written approval of the Executive Director.
Fencing and Barriers: The use, location and type of any fencing, stages andlor
The Parks Superintendent prior to set-up must approve barricades during the event or reservation in writing.
J. No Driving of Vehicles on Agency Property: Driving of vehicles in other than designated roadways and parking lots is
strictly prohibited without permit. Temporary permits to drive non-City vehicles in parks may be requested in writing to the
Superintendent of Parks a minimum of thirty (30) days prior to the event. Vehicles driving in parks without a permit will be
cited and the User's reservation deposit may be forfeited.
K. Parking Within Dan Young Soccer Complex: The City Fire Marshall has approved Users of the DYSC to park inside the
complex gates in marked stalls only. Parking in marked stalls meets the Fire Marshall's requirements for safe dispersal.
Any vehicles (except a catering truck) not parked in the marked stalls will be cited and the User's reservation deposit may
be forfeited.
L. Event Staffing: The City may, at its option, provide all event staffing at the expense of the User including security, ticket-
sellers and ticket-takers and the normal facility operations staff. The User shall be required to post an additional deposit
equaling the cost of all estimated services. The additional deposit is due five (5) days prior to the start of the event. If this
deposit is not received five (5) days prior to the start of the event, the event shall be deemed canceled and the User shall
forfeit their reservation deposit.
M. Loss of Annual Reservation Permit: Should an organization loose its privilege to use Agency facilities, they may be eligible
to apply for a new permit a year following the loss to their annual permit or when the Executive Director specifies in writing
to the suspended sport organization.
N. Rejection/ Revocation of Use Permit: Should an organization violate any of these procedures andlor rules as well as any
rules andlor procedures as set forth in the Santa Ana Municipal Code, said organization is subject to revocation and/or
denial of permit issuance.
O. Portable Outfield Fencing: All portable baseball I softball outfield portable fencing shall be1 O'x 42" high Sportpanel @
flexible fencing (BS-DMPEMHP) or equal that has been approved by the Park Superintendent. Failure to comply with this
policy will result in Park Services staff removing all other portable fencing and the matter referred to COFU (Committee On
Field Usage) who will advise the Agency on an appropriate course of action.
P. Private Portable Lights: On the advice of the City Attorney's Office and the City of Santa Ana Risk Management
Department the use of private-portable lights in any park or public recreational open space without the Park
Superintendent's written permiSSion is strictly prohibited. Should private-portable lights be discovered in said locations the
Park Rangers will be directed to have them towed and impounded at the owner's expense. In addition if it is discovered that
a Santa Ana sport organization is the owner of the said lights that sport organization may result in administrative action.
Q. Park Rules: It is agreed and understood that all park reservations, must abide and follow all park rules as
specified in the Santa Ana Municipal Code (see Exhibit A). Should a park reservation violate a rule they will be subject to
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an administrative action (strike letter) and/or a citation. For any questions concerning the interpretation of these rules
contact the Park Ranger Office at (714) 647-3328.
R. 3 Strike/Suspension Policy: Should a sport organization violate any policy or procedures, park rules or any other
law, rule, policy or procedure be it federal, state, county or city the 3 strike policy will apply (see Exhibit B).
S. Park Modification Policy:
Poadm/Reservations/facility use policy & procedures/facility use policy update06-22-0
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EXHIBIT A
CITY OF SANTA ANA
RECREATION & COMMUNITY SERVICES AGENCY
PARK RULES
Prohibited Conduct Sec. 31-2.
The conduct described in sections 31.2.2 through 31.2.18 shall be prohibited within the exterior boundary lines of any public park unless specifically
allowed through the issuance of a permit pursuant to the requirements of section 31.3. The conduct described in sections 31.2.1 through 31.2.18
shall be prohibited in the stadium or zoo unless inconsistent with the terms and conditions of uses permitted by a contract approved by the city
council.
Alcohol and Drunkenness Sec.31.2.1
(a) No person shall bring into, possess, consume or sell alcoholic beverages in a park or zoo.
(b) No intoxicated person shall enter, be or remain in any park, zoo or stadium.
Animals and Pets Sec.31.2.2
(a) No person in a park shall ride a horse, mule, donkey, pony or bovine animal except on designated paths or trails.
(b) No person shall abandon or bring into any park, except on leash, any animal, reptile or fowl of any kind. This prohibition shall not apply
to seeing eye dogs used by a visually handicapped person, provided that the dog is at all times kept under control.
(c) No person shall wil~ully frighten, molest, injure, chase, capture or annoy any animal or bird in any park or zoo. No person shall throw or
propel anything of any kind into any animal area at a zoo.
(d) No person shall feed or offer food to any mammal, reptile or fowl in a zoo, unless such food is an approved type obtained from a
dispenser within such zoo for that purpose.
(e) No person owning or having charge, custody or control of any dog in a park shall either knowingly or through failure to
exercise due care and control, permit such animal to defecate and allow such droppings to thereafter remain. A person shall not be
considered in violation of this section if the person has the necessary equipment, i.e. shovel, bag, etc. readily available and takes
immediate action to remove such droppings. Camping Sec.31.2.3
(a) No person shall camp in a park except in an area that has been designated for camping by the director.
(b) No person shall camp in a park without first obtaining a permit from the director pursuant to section 31.3.
Defacing Park Property Sec. 31.2.4
(a) No person shall willfully mark, deface or injure in any manner, or displace or remove, or tamper with any park property of any kind.
(b) No person shall willfully dig, cut, move or remove from any park or park area any sand, wood, turf, grass, gravel, shrub, or other
material.
(c) No person shall wil~ully pick, saw, cut, chop, carve, remove or injure any flowers, seeds, blooms, bark, branches, twigs, shrubs, vines,
bush, or any other vegetation within any park property.
Firearms and Dangerous Instruments Sec.31.2.5
(a) No person, except an authorized law enforcement officer, shall bring onto park property, other than at such firing ranges as may be
specifically designated by the director, any firearm or ammunition, any explosive, dynamite cap, fireworks, air gun, pellet gun, spring
gun, slingshot, bow and arrow, or any other dangerous instrument.
(b) No person shall discharge any weapon or dangerous instrument in a park other than at a firing range as specifically designated by the
director for such purpose.
Fires Sec.31.2.6
(a) No person shall start or maintain, in any park, any outdoor fire, except in areas designated for picnicking or camping. fires shall be
limited to cooking fires, or fires in camp lanterns or heaters.
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(b) No person starting or maintaining any fire in a park shall leave the area where the fire is located without first completely extinguishing
such fire.
Gambling Sec.31.2.7
No person shall conduct any raffle or card game for money or drawing for prizes or participate in any form of gambling within a park.
Games Sec.31.2.8
No person in a park shall take part in or abet the playing of any game involving thrown or otherwise propelled objects, such as balls, stones, arrows,
javelins, kites or model airplanes, except in areas set apart for such forms of recreation.
Hours Sec.31.2.9
As a general rule, parks shall be open to the public every day of the year between the hours of 5:00 a.m. and 11 :00 p.m. However, the director may,
in his reasonable discretion, extend or limit such hours for any park or portion of any park. No person shall enter, be or remain in any park during the
time when such park is dosed unless he has obtained a permit therefore from the director. Park dosing hours shall be posted at park entrances.
Noise Sec.31.2.10
No person in a park shall operate a device producing amplified sound except pursuant to a permit issued under the provisions of section 31.3.
Picnicking Sec.31.2.11
No person in a park shall conduct or participate in any picnic, or prepare or serve any food, except in an area designated by the director for such
purpose.
Restroom and Bathing Facilities Sec.31.2.12
No person over the age of eight (8) years shall enter or use restroom, bath or dressing room facilities designated for the use of persons of a sex
different from that of such person.
Sanitation Sec.31.2.13
(a) No person in a park shall willfully throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake,
stream or other body of water in or adjacent to any park any substance which will or may result in the pollution of said waters.
(b) No person in a park shall willfully bring in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish,
waste, garbage, or refuse or other trash, except in receptacles designated for such purpose.
Signs Sec.31.2.14
No person in park or zoo shall disobey any sign or notice posted or displayed by or at the direction of the director.
Swimming Sec.31.2.15
(a) No person in a park shall swim, bathe or wade in any water or waterway in or adjacent to any park, except in such water or waterway as
the director may designate and then only during such hours as the director may have established for such purposes.
(b) No person in a park shall change into bathing clothes from street clothes or from bathing clothes to street clothes, except in a bathhouse
or other structure designated for such use.
(c) No person in a park shall fail to wear bathing clothes that cover the genitals and buttocks and in the case of females the areola and
nipples.
Vehicles Sec.31.2.16
(a) No person shall operate a vehicle in a park except upon designated paved or improved park roads or driveways, or in and upon
designated areas or trails set aside for use by such vehicles, unless directed to do so by a law enforcement officer or park guard or by
official signs or markings.
(b) The director may, in his reasonable discretion, set aside or designate areas, paths, trails or roads in a park where the operation of
bicycles, tricycles, motorcycles, scooters and mini-bikes may be allowed.
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(c) No person shall park a vehicle on park property other than in an area designated for parking such vehicle, unless there is an emergency
or unless directed to do so by a law enforcement officer. Parking shall confirm to officially posted signs or markings unless other
instructions are given by a law enforcement officer.
Zoo Sec.31.2.17
(a) The zoo shall be open to the public every day during such time or times as the director may determine, except on New Years Day and
Christmas.
(b) No person shall enter, be or remain in the zoo at any time when the zoo is not open to the public, except as the director may authorize.
Selling Sec.31.2.18
(a) Except as otherwise herein provided, no person shall sell or offer for sale any food, beverage or produce of any kind on any park, zoo or
stadium property.
(b) This section shall not apply to the operation of concession stands owned by the city.
Required Permits Sec.31.3
No person in a park shall conduct, operate, present, manage or take part in any of the following activities, unless a permit is obtained prior to the
start of the activity.
(a) Any picnic, outing or gathering sponsored by any person and composed of forty (40) or more persons.
(b) Any exhibit, dramatic performance, play, motion picture, radio or television broadcast, fair, circus, musical event or any similar event.
(c) Any public meeting, assembly or parade including, but not limited to, drills, maneuvers, ceremonies, addresses, speeches or political
meetings.
(d) Any use of any park facility by a certain person or group of persons to the exclusion of others.
Same Revocation Sec.31.3.4
The permitting authority shall have the authority to revoke any permit granted under this chapter upon finding of violation of any rule or ordinance or
upon violation of any condition or restriction under which the permit was issued.
Metal and Glass Container Prohibited Sec.31.4
No person shall bring into or possess in the stadium any metal or glass bottle, can, canister or similar container. This provision shall not apply if
inconsistent with terms and conditions of uses permitted by a contract approved by the city council.
Rules and Regulations Sec. 31.12
The Director of Recreation and Parks shall issue from time to time as he deems necessary, rules and regulations to implement the provisions of this
chapter. Such rules and regulations shall have the force of law, and the failure to obey it shall be deemed a violation of the provisions of this
chapter.
Poadrn/p1cy-prc/park rules
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EXHIBIT B
Athletic Facility Use Policies and Procedures
"Suspension/3-Strike Policy"
1. Violations deemed to be egregious will result in immediate suspension of reservation privileges for a time specified by the agency.
2. 1" strike letter- no loss of $200 reservation deposit- starts 12 month clock for 3 strike policy.
3. 2"' strike letter within 12 month period -loss of $200 reservation deposit- all reservations suspended till league re-posts an additional
$200 reservation deposit.
4. 3" strike letter within 12 month period -loss of $200 reservation deposit - all reservations suspended till league re-posts an additional
$200 reservation deposit and the league president addresses the COFU committee. COFU will then make a recommendation to the
Agency of the appropriate disposition of the league. The final decision rests with the Agency.
5. All future strikes within 12-month period - written letter - repeat step 3.
Notes:
All administrative actions (suspension or strike letters) in response to violations may be appealed before COFU. Should a sport
organization wish to appeal an administrative action they may write a letter to the Park Superintendent who will place the matter on the
next COFU agenda. The Park Superintendent will notify the sport organization of the date, time and place to make the appeal. Once
COFU hears an appeal they will make a recommendation to the Agency. The Agency Reservation Team will make the final decision
conceming the administrative action.
The date of the 1" strike letter triggers the beginning of the 12-month time period a league must not commit additional violations or
further administrative action will follow.
All decisions conceming the 3-strike policy rest with the Agency.
1:/poactm/reservationsJpolicies and proceduresJ3 strike policy
13
United States Professional Tennis Association, Inc.
Determining the way the world learns to play tennis
uspta.
y
September 12, 2007
Elson De Cantuaria
7878 E Portico Ter
Orange, CA 92867
Dear Elson:
This letter will confirm that, as an applicant for membership in the United States Professional Tennis
Association (USPT A), you have liability insurance as outlined below. This USPT A liability policy
covers applicants, and certified and certain honorary members in the United States, its territories or
Canada, and nonmembers who are insured through a certified member's policy.
THE USPT A LIABILITY POLICY INCLUDES $9 million liability insurance, while on court, for bodily
injury to others, and for damage to property not in the tennis professional's care, custody or control. It
does not cover injury to the tennis professional, or damage to his/her property. The accident must have
taken place on court, and arisen from the tennis professional's playing, practicing, teaching or officiating
in tennis.
Policy number:
PHPK206807
Effective period:
12/31/06 - 12/31/07
For questions or to
report an accident,
contact:
USPT A World Headquarters
3535 Briarpark Drive, Suite One
Houston, TX 77042
Telephone (713) 978-7782
-~
v.
If we may be of further assistance, please do not hesitate to contact us.
Sincerely,
UNITED STA TES ;rO~SSIONAL TENNIS ASSOCIA nON, INC.
~~ ?eJJ
M.elony De(kach
Insurance Department
This coverage is nuU .and voJel'iftbe iti~ber.:isi19ii:~iti:zell of or does not legafiy reside and work in
... . ..:.the.U.I!iteq S. tei, ,~:tetntorjes orCanoof\..
3535 Briarpark Drive, Suite One · Houston, IX 77042
800.USPTA-4U · 713.97.USPTA · 713.978.7780 fax · uspta@uspta.org · www.uspta.org
WORKERS' COMPENSATION DECLARATION
I Elson T omaz De Cantuaria hereby affirm under penalty of perjury, the
following declaration :
I certify on behalf of Match Point Tennis Academy LLC that during the term of
my contract with the Parks. Recreation & Community Services Agency. City of Santa
Ana, I will not employ any person in any manner so as to become subject to the workers'
compensation laws of California, and agree that if I should become subject to the
workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith
o /
:::~i;;::77 z;z -7;/ccL
( / --'
By Elson Tomaz De Cantuaria
Name: Elson Tomaz De Cantuaria
Title: Manager/Owner
Telephone: (714) 724-9407
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS
UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES
AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN
ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR
IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATIORNEY'S FEES.