Staff Report: City Center Park Artificial Turf Field Use Agreement (Administration)

CITY CENTRE PARK

ARTIFICIAL TURF FIELD USE AGREEMENT

THIS AGREEMENT made the ___ day of ___________ and amended the ____ day of _________________.

BETWEEN:

THE BOARD OF EDUCATION SCHOOL DISTRICT NO. 62 (SOOKE)
3143 Jacklin Road,
Victoria, BC, V9B 5R1

(the “School District”)

AND:

The City of Langford
2nd Floor 877 Goldstream Avenue,
Victoria, BC. V9B 2X8

(“Langford”)

WHEREAS:

A. The School District operates education programs within the municipalities of Colwood, Langford, Metchosin, Sooke and the Highlands and within the Juan de Fuca Electoral Area of the Capital Regional District, and requires the use of recreation facilities.
B. Langford owns the artificial turf field at City Centre Park at 1089 Langford Parkway on land owned by Langford and legally described as PID 028-087-879; Lot 2, Section 87 Esquimalt District, Plan VIP87398 (the "Goudy Field").
C. Starting in November 2018, Langford will be removing the artificial turf surface from Goudy Field and installing this turf at the Belmont Secondary School located at 3041 Langford Lake Road in Langford, BC (noted hereafter as “Belmont Field”).
D. The costs associated with the removal of existing soil material and preparation of Belmont Field for the placement of Artificial Turf surface from Goudy Field and the installation of the artificial turf surface at Belmont Field will be borne by Langford. The operational, maintenance and replacement costs of Belmont Field will be solely the responsibility of the School District.
E. The School District and Langford wish to enter into this Agreement to provide for the use of Goudy Field by the School District for day to day Belmont High School physical education programs, athletics and academies; the use of the Belmont Field by Langford and City Centre Park users on evenings and weekends, and to provide for the availability to City Centre Park users and visitors of parking on the School District’s adjacent property.

NOW THEREFORE this agreement witnesses that in consideration of the terms and conditions set out in this agreement and the payment of $1.00 and other good and valuable consideration paid by each party to the other (the receipt and sufficiency of which is hereby acknowledged by each party), the parties agree as follows:

FIELD USE

1. Through the construction of Belmont Field, the School District will now have an artificial turf surface field to utilize for school instructional purposes. A standing schedule of using Goudy Field for school educational and recreational purposes will no longer be required. When the School District requires the use of Goudy Field for school instruction, sporting events and/or academies then the School District will submit a written request with a schedule of its proposed use of Goudy Field to the Field Operator. This written request from the School District must be provided to the Field Operator at least 30 days in advance. The School District shall have access to Goudy field between the hours of 9:00 am and 6:00 pm on school days in priority to community users, save and except for those defined in advance by Langford, but subject to sports teams authorized by Langford. The School District may not use Goudy Field, except with the Field Operator’s approval.

2. Langford and other user groups may schedule and book the use of Belmont Field after 6:00 pm on week nights and on weekends, for a fee for community use. These bookings shall be submitted to the Community Use Booking Department of Westshore Parks and Recreation in accordance with the Community Use Booking Department’s policies.

3. Langford and the School District agree to ensure that Major Events held by the School District or Langford will be given priority over regular scheduled use. If both fields are required to hold major events for the School District or Langford, both parties will work together to ensure the success of such events.

4. As the School District has or will have contributed towards the construction costs of Goudy Field in accordance with the Contribution Agreement, the School District's use of Goudy Field, change and washrooms will be without charge during the approved operational requests listed in section 1.

5. The School District will ensure that a teacher or coach is at Goudy Field to supervise the use of Goudy Field at all times during scheduled use times.

6. The term of this agreement will be for 10 years, commencing on the signing date of the agreement with the option for the School District to renew this agreement every 10 years thereafter until the field is no longer used by the School District and Langford. Should a labour disruption occur involving the School District and the union representing staff under its employ, it is agreed that Goudy Field will not be picketed.

GENERAL REQUIREMENTS RESPECTING SCHOOL DISTRICT USE

7. Should the School District require the use of Goudy Field, then the School District will be responsible for supplying all equipment required for its use of Goudy Field.

8. During School District approved use of Goudy Field, the change and washrooms, the School District will:

• (a) not do, suffer or permit any act or neglect that may in any manner directly or indirectly cause injury to Goudy Field, the change and washrooms;
• (b) not do, suffer or permit anything in, on or from Goudy Field, the change and washrooms that may be or become a nuisance or annoyance to the owners, occupiers or users of land or premises adjacent to or near Goudy Field or to the public, including, but not limited to, the accumulation of rubbish or unused personal property of any kind;
• (c) use Goudy Field, the change and washrooms only for school educational and recreational purposes;
• (d) obtain the approval of Langford and take all responsibility for the use of Goudy Field, the change and washrooms by those other than School District students during School District scheduled activities;
• (e) take all reasonable precautions to ensure the safety of all persons using Goudy Field, the change and washrooms;
• (f) clean up all rubbish, litter and debris arising from such use; and
• (g) ensure compliance with all requirements of any suppliers and manufacturers concerning the use of Goudy Field, the change and washrooms and all reasonable rules and regulations established from time to time by Langford or the Field Operator.

FIELD MAINTENANCE

9. Langford will cause Goudy Field to be maintained and repaired to the same condition as Langford from time to time maintains other public recreation fields owned by Langford and in compliance with all requirements of any suppliers and manufacturers concerning the warranty of Goudy Field. The School District will be responsible for the operation and maintenance costs of Belmont Field. If additional repair or maintenance work to Goudy Field is requested by the School District, the School District will pay Langford or, if the work is performed by the Field Operator, the Field Operator for such work at such rate as may be set by Langford or the Field Operator, as the case may be, from time to time (provided that the minimum amount payable in any case will be based on three hours of service) and the costs of all materials plus 10%, which amount will be payable within 30 days of receipt of an invoice from Langford or the Field Operator, as the case may be.

10. Langford will attempt to make repairs to Goudy Field without interfering with any School District's request to use Goudy Field; however, the School District acknowledges that this may not be feasible in every case and that its use of the Field may be interrupted, provided that in such circumstances Langford will give the School District as much notice as possible.

CITY CENTRE PARK PARKING ON SCHOOL DISTRICT LAND

11. The School District will make the Student and Staff parking area on the School District property located adjacent to City Centre Park available for use by park users and visitors, as follows:

• (a) Monday through Friday: from 5 p.m. until 11 pm during the school year, being the months of September through to the last day of instruction in June;
• (b) Monday through Friday: all day from 8 am to 11 pm for the remaining days in June and for the months of July and August; and
• (c) Weekends and statutory holidays all day from 8 am until 11 pm during the entire year unless the School District requires the use of parking facilities for a weekend event, in which case the School District will notify the Field Operator 2 weeks in advance of the event.
• (d) The School District may have evening events which require the use of its own student and staff parking areas and will notify the Field Operator, one week in advance.

The Field Operator will be required to lock and unlock the parking access gates on weekends and statutory holidays.

INSURANCE

12. Each of the Parties agrees to obtain and maintain at all times during the Term of the Agreement, Commercial General Liability in an amount not less than $5 million dollars, adding the other Party as an "Additional Insured".

INDEMNIFICATION

13. The School District will indemnify and save harmless Langford and its councillors, officers, employees and agents, from and against any and all claims, demands, expenses, costs, proceedings, suits, liability and other harm of any kind whatsoever, including death, bodily injury, property loss, property damage or other loss or damage, related to or resulting from any breach or default by the School District of its obligations under this Agreement or any wrongful act, omission, or negligence of the School District or any of its officers, employees, agents, contractors or students in connection with the use of Goudy Field.

14. Langford will indemnify and save harmless the School District and its trustees, officers, employees and agents, from and against any and all claims, demands, expenses, costs, proceedings, suits, liability and other harm of any kind whatsoever, whether related to death, bodily injury, property loss, property damage or other loss or damage, which may be related to or result from any breach or default by Langford of its obligations under this Agreement or any wrongful act, omission, or negligence of Langford or any of its officers, employees, agents or contractors in connection with the performance of Langford's obligations or with the park users and visitors' use of the parking area under this Agreement.

LIAISON COMMITTEE

15. Langford and the School District agree to establish a Liaison Committee to oversee the effectiveness and intent of this agreement, consisting of two members of each organization's administration. Meetings will be held at the request of either party. The liaison Committee will meet at a minimum, every 2 years to determine the depreciated value of the fields so that the School District can budget for its share of eventual replacement of the fields.

16. In the event that the Liaison Committee is unable to promptly resolve an issue related to field and parking lot security, supervision, damages or school use, or any other concern in relation to this Agreement, each party will cause its administrator (or his or her designate) to promptly meet and endeavour to resolve the issue.

17. If the issue remains unresolved, both parties agree to submit the dispute to mediation through an alternate dispute resolution process. If mediation fails to resolve the dispute, both parties agree to submit the dispute to a single arbitrator pursuant to the provisions of the Commercial Arbitration Act of B.C. or any successor legislation.

DAMAGES AND RESPONSIBILITIES

18. If Goudy Field, the change or washrooms are damaged as a result of the School District's field use, the School District will reimburse Langford or the Field Operator, as the case may be, for the costs of repairing or remedying such damage.

19. If Belmont Field is damaged as a result of Langford’s use, Langford will reimburse the School District for the costs of repairing or remedying such damage.

20. The School District will report to Langford or, if appointed, the Field Operator any damage to Goudy Field, the change or washrooms occurring during School District use on the same day on which the damage occurs.

21. Langford or the Field Operator will report to the School District if any damage to Belmont Field occurs during Langford’s use on the same day on which the damage occurs.

22. Langford will attempt to maintain and repair Goudy Field, change and washrooms to manufacturer's maintenance specifications, however, if damage occurs and Langford is not made aware of this promptly, Langford shall not be held responsible for injuries occurring from such damage.

DEFAULT

23. If the School District breaches any of its obligations under this Agreement and does not correct the default within 30 days following notice from Langford or such longer period as may reasonably be required due to the nature of the default, Langford may terminate this Agreement upon notice to the School District.

24. If Langford breaches any of its obligations under this Agreement and does not correct the default within 30 days following notice from the School District or such longer period as may reasonably be required due to the nature of the default, the School District may terminate this Agreement upon notice to Langford.

GENERAL

25. Notwithstanding anything to the contrary in this Agreement or in the Contribution Agreement, Langford is the sole owner of City Centre Park and Goudy Field, and the School District does not acquire any interest in Goudy Field by virtue of either such Agreement.

26. The School District may not assign this Agreement or the benefit hereof, in whole or in part.

27. Where the word "including" is followed by a list, the contents of the list are not intended to circumscribe the generality of the expression preceding the word "including"

28. Time will be of essence of this Agreement.

29. The headings or captions appearing in this Agreement are inserted for ease of reference only and have no effect on the construction or interpretation of this Agreement.

30. No amendment or modification to this Agreement will become effective unless and until same has been reduced to writing and duly executed by the parties hereto.

31. This Agreement supersedes and replaces any agreements or undertakings regarding the subject matter of this Agreement entered into, made or given by the parties prior to the date this Agreement is deemed to come into force.

32. Each provision of this Agreement is intended to be a severable and if any provision is held to be invalid, unenforceable or void for any reason by a Court of competent jurisdiction, such provision will be severed from this Agreement and will not affect the legality, validity or enforceability of the remainder of this Agreement.

33. This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia. This Agreement will insure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns.

IN WITNESS WHEREOF this Agreement has been executed as of the day, month and year first above written.

CITY OF LANGFORD, by its authorized signatory

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THE BOARD OF EDUCATION SCHOOL DISTRICT NO. 62 (SOOKE); By its authorized signatory (ies)

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