HomeMy WebLinkAboutItem 14 - Facilities Use Agreement Amendment with Santa Ana Lawn Bowling Club for the Use of Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 1, 2025
TOPIC: Facilities Use Agreement with Santa Ana Lawn Bowling Club
AGENDA TITLE
Facilities Use Agreement Amendment with Santa Ana Lawn Bowling Club for the Use of
the Santa Ana West Lawn Bowling Green near Santiago Park
RECOMMENDED ACTION
Authorize the City Manager to execute a Facilities Use Agreement with Santa Ana Lawn
Bowling Club to reflect an annual rate of $3,600 payable to the City in two separate
payments of$1 ,800 due by June 20 and December 20 of each year for a three-year term
beginning July 1, 2025 through June 30, 2028 for use of the west lawn bowling green
(Agreement No. A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
For over 40 years, the Santa Ana Lawn Bowling Club (SALBC) has been utilizing the
lower level of the Lawn Bowling Center and Lawn Bowling Greens for various activities,
including practice sessions, tournaments, and open houses. The former Parks,
Recreation, and Community Services (PRCSA) administration had arranged to pay a
monthly fee for the use of the SALBC's customized lawn mower to maintain the bowling
greens; in return, the City charged the club a lower cost for the use of the facilities, but no
formal agreement was established.
In 2023, during a walk-through of all the Parks, Recreation, and Community Services
centers, staff discovered that the SALBC had occupied the lower level of the Lawn
Bowling Center by storing equipment and other items in the kitchenette area, storage
room, and both bathrooms. This situation posed several ADA liability issues for the City.
Consequently, staff determined that a formal agreement should be established to clearly
outline the expectations of both the City and the club, thereby preventing any potential
liabilities that may arise from the lack of an agreement. Before agreement negotiations
could begin, it was necessary for the club to register as a legal entity with the State of
California and secure a valid certificate of liability insurance. These steps required a
significant amount of time before an actual agreement could be drafted.
Santa Ana Lawn Bowling Club Facilities Use Agreement
July 1, 2025
Page 2
PRCSA has collaborated with the SALBC to establish a Facilities Use Agreement. Both
parties have agreed to the terms specified in the attached agreement (Exhibit A). The
agreement includes a semi-annual fee of $1 ,800 for the use of the West Bowling Green
and outlines the terms for their equipment storage, facility usage, and payment details.
The fee grants access to the facilities every Tuesday from 2.00 p.m. to 5.00 p.m. and on
Saturdays from 8.00 a.m. to 12.00 p.m., as well as the opportunity to host up to two
tournaments per year.
The annual fees being charged deviate from the Miscellaneous Fee Schedule but align
with the historical fees set by the previous PRCSA administration. If the City were to
implement the actual costs outlined in the Miscellaneous Fee Schedule, the club would
find it challenging to accommodate the new fees. In addition, the City Public Works
Agency has purchased a specialized mower to maintain the Lawn Bowling Greens, and
as a result, the SALBC lawn mower will no longer be required.
Staff recommends that the City Council approve the facilities use agreement with the
Santa Ana Lawn Bowling Club. This agreement will grant the Club access to the Lawn
Bowling Greens for ongoing lawn bowling activities at an affordable rate, enhance the
City's protection against liability, and establish clear expectations for both the City and
the club as outlined in the agreement.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds will be deposited in the Parks, Recreation and Community Services, General Fund
Revenue Account (01113002-57361 - PRCSA Recreation Facility Rental).
EXHIBIT(S)
1 . Facilities Use Agreement
Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community
Services Agency
Approved By: Alvaro Nunez, City Manager
i
FACILITY USE AGREEMENT WITH THE SANTA ANA LAWN BOWLING
CLUB FOR USE OF THE LAWN BOWLING GREENS AT SANTIAGO PARK
THIS FACILITY USE AGREEMENT is made and entered into on the lst day of July
2025 by and between Santa Ana Lawn Bowling Club, a California non-profit
corporation ("User"), and the CITY OF SANTA ANA, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of
California("City"), City and User are also referred to as"the Parties."
i
RECITALS
A. The City is the owner of Santiago Park, including its Lawn Bowling Greens,
located at 600 E. Memory Lane in the City of Santa Ana.
B. In 1936, the first lawn bowling green in Santiago Park was constructed with
funding from the Work Projects Administration program under the leadership
of City of Santa Ana Park Manager Dale Griggs.
C. In 1938, the ,Santa Ana Lawn Bowling Club was established and its first lawn
bowl was rolled that same year. Popularity of the sport created a need for a
second green, which was constructed in 1952.
D. Since the early 1980's, User has enjoyed access to the lawn bowling facilities
by way of an unofficial agreement with the City of Santa Ana. User and-City
now desire a formal agreement, containing defined terms, rates, and insurance
limits, which will be in the Parties' best interests.
E. User is a California non-profit mutual benefit corporation.
F. City acknowledges the community need for programs such as those offered by
User that encourage Santa Ana residents to engage in lawn bowling related
activities and offer such activities in a safe and historic environment.
The parties agree as follows:
I. GRANT OF PERMISSION AND FACILITIES TO BE USED
City hereby grants User the limited, non-exclusive right to utilize designated areas
of Santiago Park and its lawn bowling greens ("Facilities") pursuant to the terms set forth
in Exhibit A, attached hereto and incorporated herein by reference,
i
i
i
i
Page I of 9
i
i
2. PUBLIC PURPOSE
City acknowledges the public benefit provided by User to the City of Santa Ana
through its uses and that User is a nonprofit mutual benefit corporation. User shall be
charged an annual rate under this Agreement, as set forth in Exhibit A.
3. TERM
This Agreement shall commence on the date first written above, for a term of three
(3) years, unless terminated earlier in accordance with the terms of this Agreement. The
term of this Agreement may be extended for up to two (2), one (1) year periods upon a
writing executed by the City Manager and City Attorney.
4. COMPLIANCE WITH RULES AND REGULATIONS
i
User shall use and occupy the Facilities in a safe and careful manner and shall
comply with all applicable local, state, and federal laws in its use of and activities in the
Facilities, including as to the conduct of its employees, agents, clients, customers, guests,
and others using the Facilities by reason of this Agreement. User shall also comply with
all rules and regulations of City in effect during its use of the Facilities. Failure to abide
by such laws, rules, or regulations, or any condition of this Agreement, may result in the
immediate termination of this Agreement in the sole discretion of the City.
5. BACKGROUND CHECKS
User shall ensure that all employees, subcontractors, and any volunteers are
fingerprinted and background checked prior to conducting any work pursuant to this
Agreement. User shall not assign any employee, agent, subcontractor, volunteer or the
User personally to provide services pursuant to this Agreement, if that employee, agent,
subcontractor, volunteer, or the User personally are required to register as a sex offender
under California Penal Code Section 290 et seq, have a conviction for any crime of moral
turpitude, have a conviction for a sexual based crime,have a conviction for a violent felony
as defined in California Penal Code Section 667.5(c), or has a conviction for a serious
felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions
include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1
with Section 186.22, 187, 190-190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5,
213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1,
266,266c,266h,266i,266j,267,269,272,273a,273ab,273d,285,286,288,288a, 288.2,
288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314,
347(a), 368,417(b), 451(a),518 with 186.22, 647.6,653f(c), 664 and 187, 667.5(c), 18745,
18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section
729.`
i
i
Page 2 of 9
6. INDEMNIFICATION
User agrees to and shall indemnify, protect, defend, and hold harmless City, its
officers, agents, employees, consultants, special counsel, and representatives from and
against any and all claims, damages,judgments, attorney's fees, costs and expenses arising
out of, involving, or in connection with the use of the Facilities or the acts or omissions of
User, its officers, agents, employees, volunteers, guests, or invitees, whether or not such
acts or omissions constitute permitted uses of the Facilities.
7. INSURANCE
User shall procure and maintain for the duration of the agreement, the following
insurance coverages:
Minimum Scope and Limit of Insurance. User shall maintain limits of insurance
coverage in the following minimum amounts and shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG
00 01 covering CGL on an "occurrence" basis, including products and
completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than $1,000,000 per occurrence and
$2,000,000 aggregate.
• Workers' Compensation (WIC): as required by the State of California, with
statutory limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident, per employee, per policy for bodily injury or disease.
This requirement can be waived if User has no employees.
• If User maintains broader coverage and/or higher limits than the minimums
shown above, City requires and shall be entitled to the broader coverage and/or
the higher limits maintained by User. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be
available to City.
Other Insurance Provisions. The insurance policies are to contain,or be endorsed
to contain, the following provisions:
• CGL policy: City of Santa Ana, its City Council, its officers, officials,
employees, agents, and volunteers are to be covered as additional insureds with
respect to liability arising out of work or operations performed by or on behalf
of the Permittee including materials,parts, equipment, and personnel furnished
in connection with such work or operations.
• CGL and WIC policies: Insurance company(ies) agrees to waive all rights of
subrogation/recovery against City, its City Council, its officers, officials,
employees,agents, and volunteers for losses paid under the terms of any policy
which arise from work performed by Permittee for City.
• All required insurance policies: For any claims related to this contract,
Permittee's insurance coverage shall be primary and any insurance maintained
Page 3 of 9
by City, its City Council, its officers,officials,employees,agents,or volunteers
shall not contribute with it,
• All required insurance policies: A severability of interest provision must apply
for all the additional insureds, ensuring that Permittee's insurance shall apply
separately to each insured against whom a claim is made or suit is brought,
except with respect to the insurer's limits of liability.
• Each insurance policy required herein shall provide that coverage shall not be
canceled, suspended,voided, reduced in coverage or in limits, non-renewed by
the carrier, or materially changed except after thirty (30) days prior written
notice has been given to City. Ten (10) days prior written notice shall be
provided to City for policy cancellation or non-renewal due to non-payment.
• Certificate Holder on each Evidence of Insurance certificate shall be: City of
Santa Ana,Attention: (Name of Department Staff Responsible for Agreement),
Address of Department Responsible for Agreement, M-XX, Santa Ana, CA
92701. The name and event of location should be included in the Description
of Operations section of each certificate.
Self-Insured Retentions. Self-insured retentions must be declared to and
approved by the City. City may require User to purchase coverage with a lower retention
or provide proof of ability to pay losses and related investigations, claim administration,
and defense expenses within the retention.
Acceptability of Insurers. Insurance is to be placed with insurers authorized to
conduct business in the state of California with a current A.M. Best rating of no less than
ANII, unless otherwise acceptable to City.
Verification of Coverage. Permittee shall furnish City with original Certificates
of Insurance including all required amendatory endorsements (or copies of the applicable
policy language effecting coverage required by this clause) and a copy of the Declarations
and Endorsement Page of the CGL policy listing all policy endorsements to Entity before
work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive Permittee's obligation to provide them. City reserves the right
to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
Sub-contractors. User shall require and verify that all sub-contractors maintain
insurance meeting all the requirements stated herein, and User shall ensure that City is an
additional insured on insurance required from sub-contractors.
Special Risks or Circumstances. City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
Page 4of9
i
8. CONFLICT OF INTEREST CLAUSE
i
User covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified
under this Agreement.
i
9. FORCE MAJUERE
In the event that the Facilities are rendered unavailable due to destruction, partial
or total, acts of nature, work stoppages or other labor disturbances,civil commotion, war,
or any other action by governmental agencies,or for any reason beyond the control of City,
City shall have the right to terminate this Agreement without penalty. j
i
10. :LICENSES AND PERMITS
User represents and warrants that it, and any agents, independent contractors,
I
subcontractors, vendors, or others acting on its behalf under or with respect to this
Agreement, will at all times during the term of this Agreement have and maintain in force
any and all licenses, permits, or approvals required by law for the conduct of User's
activities under this Agreement.
11. DAMAGE TO FACILITIES
User shall be liable for any damage to the Facilities caused by any act of negligence
of User, its partners, agents, servants, contractors, representatives, guests, employees,
invitees, or customers. City may, at its option, repair such damage, and User agrees to
reimburse City for the total cost of repair.
12. PROPERTY BELONGING TO USER
City shall not be responsible for lost,stolen,or damages property belonging to User,
its partners, agents, servants, contractors, representatives, guests, employees, invitees, or
customers.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and directed to the addresses below or such addresses as
either party may later specify in writing. Notice is deemed effective on the date it is given
if hand-delivered or received by facsimile that day. Notice given by U.S. mail shall be
deemed to have been given three (3) business days after it is deposited in the U.S. mail,
postage prepaid and addressed as follows:
To City: City Clerk
City of Santa Ana
20 Civic Center Plaza(M-30)
Page 5 of 9
P.O. Box 1988
Santa Ana, California 92702-1988
With copies to: Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza(M-75)
P.O. Box 1988
Santa Ana, California 92702
To User: Santa Ana Lawn Bowling Club
945 W. Wilson Ave.
Orange, California 92867
Attn: Donald Marthens, President
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City
and User regarding the subject matter herein,and supersedes any and all other agreements,
oral or written, between the parties regarding the use of the Facilities. In the event of a
conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of User. The parties
agree that any terms or conditions of any purchase order or other instrument that are
inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate User or the City. Each party to this Agreement acknowledges that no
representations,inducements,promises or agreements,orally or otherwise,have been made
by any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
User may not assign, transfer, delegate, or subcontract any interest herein without
the prior written consent of the City and any such assignment, transfer, delegation or
subcontract without the City's prior written consent shall be considered null and void. User
shall not allow any other person or entity to use the Facilities without the prior written
consent of City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty(30)days written notice.
17. NONDISCRIMINATION
User shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, gender identity, gender expression, gender, medical conditions,
genetic information, or military and veteran status, age, national origin, ancestry, or
disability, as defined and prohibited by applicable law, in the recruitment, selection,
teaching, training, utilization, promotion, termination or other employment related
Page 6 of 9
i
I
I
activities or any services provided under this Agreement. User affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
18. JURISDICTION - VENUE
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.
19. AUTHORITY
Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and
year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nunez
City Clerk City Manager
APPROVED AS TO FORM: SANTA ANA LAWN
SONIA R. CARVALHO BOWLING UB
City Attorney
By i
onathan T. Martinez ame:
Assistant City Attorney Title: �
RECOMMENDED FOR APPROVAL:
Hawk Scott
Executive Director of Parks, Recreation,
And Community Services Agency
Page 7 of 9
i
I
I
I
I
EXHIBIT A
1. Use
a. Santa Ana Lawn Bowling Club ("User") will have access to the Lawn
Bowling Green("Greens")every Tuesday afternoon from 2:00 p.m.to 5:00
p.m. during Daylight Saving Time, 1:00 p.m. to 4:00 p.m. during Standard
i
Time and Saturday mornings from 8:00 a.m. to 12:00 noon.
b. User will also have the ability to host 2 additional tournament events outside
of their standard use with an attendance of under 50 people.
i. User must provide the City with a minimum of 4 weeks advance
written notice of the special event. Any requests outside of this 4-
week timeframe will be considered but not guaranteed. Any event
larger than 50 people must be submitted to the Special Events Office
for additional permit approval. These additional events (under 50
people) are covered under this Agreement without additional fees.
2. Equipment
a. City Parks Maintenance Division will manage the greens with a lawnmower
specialized in cutting the greens specific to Lawn Bowling gameplay.
3. Storage
a. User will have access to the on-site restrooms on the lower lever and the
kitchenette area while utilizing the greens at the times listed below:
i. Per Section La., above, every Tuesday afternoon during Daylight
Saving Time from 2:00 p.m. to 5:00 p.m., during Standard Time
from 1:00 p.m. and every Saturday morning from 8:00 a.m. to 12:00
noon.
b. Per Section Lb., above, for special events upon written confirmation with
the City confirming the date(s)and times for said events.
c. User will be given 1 (one) key which will grant access to the lower level
restrooms, storage and kitchenette for use during User's assigned time on
the greens.
i. The President of the User group is fully responsible for retaining the
key and will return the key to the City at the termination of the
agreement or if requested to do so by designated City Staff.
d. User will work with the City Parks Maintenance to remove any identified
equipment or items currently stored in the lower level restrooms, lockers,
kitchenette and storage room.
i. The City will preserve any historical documents and display them in
the upper lobby area of the Lawn Bowling Center.
ii. The City will coordinate with the User as to the timeframe for
removal of the equipment and additional items.
iii. The City will maintain the lower area of the Lawn Bowling Center
area, including the kitchenette,restrooms and storage room.
e. User is responsible for keeping its identified area clean, accessible, and
orderly during the duration of the agreement, so that City Personnel may
access the building/area with relative ease. j
f. User will be allowed to store bowling equipment ONLY in the storage area
behind the kitchenette.
Page 8 of 9
i
i
sharp copier_20250623_194655
Final Audit Report 2025-06-24
Created: 2025-06-24
By: Stephanie Garcia(SGarcia5@santa-ana.org)
Status: Signed
Transaction ID: CBJCHBCAABAAUg9KvYRcz2-3BJn1vFssghHmb4WANOWW
"sharp copier_20250623_194655" History
Document created by Stephanie Garcia (SGarcia5@santa-ana.org)
2025-06-24-3:09:58 PM GMT
Document emailed to Hawk Scott(hscott@santa-ana.org) for signature
2025-06-24-3:10:02 PM GMT
Email viewed by Hawk Scott(hscott@santa-ana.org)
2025-06-24-3:10:09 PM GMT
Document e-signed by Hawk Scott(hscott@santa-ana.org)
Signature Date:2025-06-24-3:43:50 PM GMT-Time Source:server
Agreement completed.
2025-06-24-3:43:50 PM GMT
Adobe Acrobat Sign