81-008 Oaks Soccer Club (Steve Dippert) use of Jollyman Park soccer fieldCity of Cupertino
PARKS AND RECREATION DEPARTMENT
TERMS AND CONDTIONS
FOR USE OF JOLLYMAN PARK SOCCER FIELD
BY OAKS SOCCER CLUB
A. COSTS TO BE BORNE BY THE OAKS SOCCER CLUB:
1. Maintenance and utility cost of lights.
2. Any grounds maintenance beyond routine maintenance provided by the City.
3. Any modification or revision to the lights.
4. Cost of removal of light facilities, if requested by the City.
B. CITY RESERVES THE RIGHT TO DENY AND/OR REQUIRE CERTAIN MODIFICATIONS INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING:
1. Misuse of facility.
2. Creation of safety hazards.
3. Park under repair.
4. Significant residents' complaints.
5. Other associated impacts.
6. If, in the opinion of City staff, weather conditions have made the field
unplayable, activities must be cancelled until City staff determines
conditions permit resuming activities.
C. OAKS SOCCER CLUB AGREES TO THE FOLLOWING:
1. Use limited to Oaks Soccer related activities. At no time may the Oaks
organization grant permission to other clubs or agencies to use the facility.
2. Hours of use limited to: 6:30 p.m. - 9:30 p.m. PRACTICE ONLY (Monday -Friday)
10:00 a.m. - 1:00 p.m. GAMES ALLOWED (Sunday)
Any other times must be with approval of Parks & Recreation Director.
3. In consideration of the granting of a non-exclusive permit for use of a
portion of Jollyman Park, applicant agrees to hold the City of Cupertino
harmless from and defend the City of Cupertino against any claim made by
any third party as a result of said soccer club's use of said park facilities.
4. Keep in full force and effect a liability insurance policy naming the City
of Cupertino as co-insured in an amount of not less than $500,000.00.
Insurance policy to be submitted and attached to the permit. (Exhibit B.)
5. Thirty days after expiration of permit, any property left will be deemed
abandoned.
6. Roster and addresses to be submitted to the Parks & Recreation Director,
along with a $5.00 fee for each non-resident of the City of Cupertino.
This fee is payable annually on January 1 and on June 1. All members
added between those periods will be added to the next roster and paid at
that time. (Exhibit C.)
Page 2 - TERMS AND CONDITIONS - USE OF JOLLYMAN PARK BY OAKS SOCCER CLUB
7. Submit copy of non-profit status when obtained. (Exhibit D.)
8. It is the responsibility of the Oaks Soccer Club to insure that only
appropriately designated persons have access to the lights master panel.
These persons are to be specifically identified to the Parks and
Recreation Department staff.
9. The Oaks Soccer Club shall actively recruit City of Cupertino residents
by means of local printed media, and shall submit copies of published
articles designed to increase resident participation.
10. The use permit, including all terms and conditions, shall be reviewed
by the Parks and Recreation Commission in August 1982 to determine
the Club's adherence to the policies.
D. FAILURE TO COMPLY WITH ALL TERMS AND CONDITIONS OF USE PERMIT IS GROUNDS
FOR REVOCATION OF SAID PERMIT.
Date: OAKS SOCCER CLUB, INC.
31
*(President)
STATE OF CALIFORNIA
COUNTY OF ✓d h%a L ",b��c•7
OFFICIAL SEAL
"oma
DOROTHY MARIE CORNELIL3S
NOIAKY ri 60C - CALIFURNJ A
SANTA CLARA COUNTY
My Commission Expires Feb. 17, 1981
P-/—
On this /T day of Gy/4,e c- Ilk in the year one
thousand nine hundre and P _7_ , before me,
Da ? e n�/1 05, a Notary Public, State of California,
duly commissioned and sworn, personally appeared
Sf c0 it e.
known to me to be the person whose name
subscribed to the within instrument and acknowledged to me
that he executed the same.
IN WITNESS WHEREOF 1 have hereunto set my hand and affixed
my official seal in the]�1/2 County of
the day and year in this certificate first
above written.
t
This document is only a general form which may be proper for use in simple transactions
and in no way acts, or is intended to act, as a substitute for the advice of an attorney. VNota Public State O Cali
The publisher does not make any warranty, either express or implied as to the legal f fOrnia
validity of any provision or the suitability of these forms in any specific transaction.
My commission expires 7
Cuwdery's Form No. 32 — Acknowledgement — General (C. C. Sec. 1190a)
EXHIBIT A
TERMS AND CONDITIONS
A. COSTS TO BE BORNE BY THE OAKS SOCCER CLUB:
1. Maintenance and utility cost of lights.
2. Any grounds maintenance and beyond routine maintenance provided
by the City.
3. Any modifications, revisions, to the lights.
4. Cost of removal of facilities, if requested by the City.
B. CITY RESERVES THE RIGHT TO DENY AND/OR REQUIRE CERTAIN MODIFICATIONS
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
1. Misuse of facility and/or violation of any permit condition.
2. Creation of safety hazards.
3. Park under repair.
4. Significant residents' complaints.
5. Other associated impacts.
C. OAKS SOCCER CLUB AGREES TO THE FOLLOWING:
1. Use limited to soccer related activities.
2. Hour of use limited to 6:30-9:30 p.m., Monday through Friday.
Any other times with approval of Parks and Recreation Director.
3. In consideration of the granting of a non-exclusive permit for
use of a portion of Jollyman Park, agrees to hold the City of
Cupertino harmless from and defend the City of Cupertino against
any claim made by any third party as a result of said soccer club's
use of said park facilities.
4. Keep in full force and effect a liability insurance policy naming
the City as co-insured in an amount of not less than $500,000.00.
Insurance policy to be submitted and attached to the permit
(Exhibit B).
5. Thirty days after expiration of permit, any property left will be
deemed abandoned.
6. Roster and addresses to be submitted to the Parks and Recreation
Director, along with a $5.00 fee for each non-resident of the City
of Cupertino. This fee is payable annually on January 1 and on
June 1. All members added between those periods will be added to the
next roster and paid at that time (Exhibit C).
Page 2 - TERMS AND CONDITIONS - USE OF JOLLYMAN PARK BY OAKS SOCCER CLUB
7. Submit copy of non-profit status when obtained (Exhibit D).
8. Arrange car pools for members on week night sessions to minimize
parking impact.
Date:
Notary Acknowledgment required
STATE OF CALIFORNIA
OAKS SOCCER CLUB, INC.
(Preside
(Seal)
One, oZ� /%�� before me, the undersigned, a Notary Public
in and for said State personally appeared
6 G 0 1� V�U2 1 Q k1A s
known to me to be the person — whose name 1 5 subscribed to the within
instrument and acknowledged that klP executed the same.
WITNESS my hand and official seal.
Signature
Dorothy Maridf Cornelius
Notary Public, State of California
OFFICIAL SEAL
ARM
NDOROTHY MARIE CORNELIUS
UFINOTARY PUBLIC -CALIFORNIA
SANTA CLARA COUNTY
My Commission Expires Feb. 17s 1984