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HomeMy WebLinkAboutWestwind Riding InstituteFACILITY USE AND MAINTENANCE AGREEMENT BETWEEN WESTWIND RIDING INSTITUTE AND THE TOWN OF LOS ALTOS MILLS This agreement for use and maintenance of the 4-H Barn Facilities at Westwind Barn ("Agreement") is made and entered into on this 20th day of June, 2013 by and between the TO)VN OF LOS ALTOS HILLS, a municipal corporation ("TOWN") and the Westwind Riding Institute (WRI). In consideration of their mutual covenants, the parties agree hereto as follows: 1. Purpose. This Agreement authorizes WRI to use specified areas of Westwind Barn (identified herein as .the "4H Barn Facilities") and to use on a non- exclusive basis Byrne Preserve and makes WRI responsible for maintaining the "4H" Barn Facilities in a competent and professional manner in order to operate the 4H Riding for the Disabled program. WRI may keep a maximum of eight (8) horses at the 4H Barn Facilities. Two (2) of the eight (8) horses may be kept at Byrne Preserve for grazing purposes. WRI shall be provided the current tack room, or a reasonably equivalent and convenient alternative tack facility. Hay storage space sufficient to store a minimum of 19 bales of hay shall be available in the 4H Barn Facilities for feeding of 4H and pasture horses. WRI currently has exclusive use of upper arena shown on Exhibit A to provide horseback riding instructions during the days and times specified in Exhibit B. Activity scheduling as shown in Exhibit B shall remain essentially the same as the current schedule, subject to mutual agreement of WRI and Concessionaire. This Agreement supercedes any prior use agreements between the Town and WRI. 2. Premises. The premises covered by this Agreement include limited non exclusive use of Byrne Preserve (APN: 182-21-016), Westwind Barn (27210 Altamont Road), and the 4-H Barn Facilities located within Westwind Barn (collectively, "Premises"). The 4-H Barn Facilities include a four stall barn, a four stall shed row, the adjoining paddocks, and the side pasture, described more particularly in Exhibit A. 3. Term. The initial term of the Agreement shall be from August 1, 2013 through July 31, 2016, unless terminated earlier pursuant to Section 5 of this Agreement. 4. Renewal. This Agreement shall be subject to renewal, upon mutual consent of the parties, for additional three-year periods. If a party desires to not extend the term as provided herein that party will provide written notice to the other party of its intent not to renew the Agreement no later than April 1 of the final year of the term of the Agreement. 5. Termination. Either party may terminate this Agreement without cause upon three hundred and sixty-five (365) days written notice. TOWN may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by WRI. Notwithstanding the foregoing, in the event that the Town of Los Altos Hills elects to cease all equine activities at the Westwind Barn Facility, this Agreement may be terminated on 180 days written notice to WRI. 6. Maintenance. WRI shall provide maintenance for the 4H Barn Facilities and all improvements thereto sufficient to maintain them in a fully usable condition. The term "maintenance," when used herein, shall mean all work required or undertaken to clean, maintain, and repair any and all 4H Barn Facility improvements, including, but not limited to, stalls, paddocks, grounds and entryways. WRI shall cause the 4H Barn and Premises to be inspected and cleaned with sufficient frequency and intensity to competently operate said facility. The 4H Barn Facilities should be kept in Working order and in a reasonably clean and sanitary condition. Maintenance work shall be performed in a good and workmanlike manner to the satisfaction of the Town. WRI may contract for all on-going maintenance. In the event that the Town elects to make any major structural .improvements to the 4H Barn Facilities that result in any portion of the 4H Barn Facilities unusable during the construction, WRI and the Town shall cooperate to identify alternative space at Westwind Barn for the WRI activities authorized herein. 7. Costs. WRI shall pay the Town the sum of $1 per year for rental of 4H Barn Facilities and for limited non-exclusive use of Byrne Preserve. In addition, WRI shall be solely responsible for all maintenance costs of the 4H Barn Facilities. Also, WRI shall also be solely responsible for payment of all equine service costs of the 4H Barn Facilities provided by the Concessionaire. or the Town if there is no Concessionaire as specified in Exhibit C. The fee for equine services as of July 1, 2013, is $1,929.00 per month but shall be modified each July 1 St based on the change in the Consumer Price Index for the San Franciscio Bay Area for the prior twelve months. 8. Compliance with Laws. WRI shall fully comply with all applicable local, state, and federal rules, laws, regulations and ordinances and use its best efforts to. ensure that all participants in its activities will comply with the same. 9. Statements and Rosters. WRI agrees to provide the following to the TOWN upon request: a. Annual financial statements b. 4H class participant rosters for each riding session c. Annual roster of WRI board of directors d. 4H emergency notification and liability release forms e. Written emergency procedures 10. WRI Obligations. WRI shall allow only the following persons to handle horses and/or retrieve horses from Byrne Preserve: (1) suitably qualified and experienced horse handlers; or (2) persons who are supervised at all times by a suitably qualified and experienced horse handler who is an employee or agent of WRI. 11. Hold Harmless. WRI agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all. demands, claims or liability 2 of any nature, including personal injury and death, which may arise out of or occur by reason of any act or omission of its part, or the part of its employees, contractors, agents or representatives arising in any way out of its performance of this Agreement, except to the extent that such liability is caused by the gross negligence or willful misconduct of the TOWN. WRI also agrees to require any contract in excess of $5,000 with its maintenance contractors or subcontractors to contain a provision requiring that the maintenance contractor or subcontractor indemnify, defend and hold harmless WRI and the TOWN and its officers, agents and employees from any and all demands, claims or liability of any nature which may arise out of or occur by reason of any act or omission on the maintenance contractor or subcontractor's part, or the part of any of its employees, contractors, subcontractors, agents or representatives in furtherance of or related to the contract with WRI. 12. Insurance. Upon execution of this Agreement, and at all times during this Agreement, for its sponsored community riding programs and special events, WRI shall maintain insurance in the amount of at least one million dollars ($1,000,000) combined single limit for bodily injury and property damage and shall provide the TOWN evidence annually that such a policy is in force. TOWN shall be named as an additional insured in such policy. WRI's maintenance contractors and subcontractors, for projects exceeding $5,000, shall have in full force and effect, at their sole. expense, for the joint benefit of the contractors, WRI and the TOWN, liability insurance in which WRI and TOWN are named as additional insured. The insurance thereunder shall be in the amount of at least one million dollars ($1,000,000) combined limit for bodily injury and property damage, shall be carried by insurers authorized to transact business in California, and shall be primary as to TO)AN and WRI and non-contributory with any insurance which may be carried by TOWN or WRI. The insurance policy shall have a thirty (30) day notification to TOWN and WRI before any change in the policy or cancellation. WRI shall keep a current certificate of insurance from its contractors and subcontractors on file with the TOWN at all times. 13. Non -Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of race, color, national origin, age, ancestry, sexual orientation, religion or gender. 14. Independent Contractor. At all times during the term of this Agreement, WRI acknowledges and the parties hereby agree that WRI shall be an independent contractor and that neither it, nor its agents, employees, or volunteers are agents or employees of the Town for any purpose whatsoever. Town shall have the right to control WRI only to the extent expressly provided in this Agreement. Except as expressly set forth in this Agreement, Town shall not have the right to control the means by which WRI accomplishes services rendered pursuant to this Agreement. Notwithstanding any other Town, state, or federal policy, rule, regulation, law, or ordinance to the contrary, WRI and its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by Town, including but not limited to pension plans, unemployment insurance, Worker's Compensation insurance and group insurance plans. (a) All personnel necessary to accomplish the purposes as set forth herein shall be at the cost and expense of WRI and those personnel shall be directly responsible and accountable to WRI and not to the Town. (b) Employees of WRI are not employees or agents of the Town. The Town shall have no involvement in decisions regarding the hiring, training, discipline, compensation, termination, or supervision of WRI's employees. WRI shall comply with all applicable laws related to the employment of their employees. The parties agree that it shall be a material default of this Agreement if WRI does not comply with any applicable laws related to employment of its employees. 15. Assignment. This Agreement shall not be assigned or transferred without the prior written consent of the TOWN, which consent may be withheld in the TOWN's sole discretion. No changes or amendments to the Agreement of any kind are authorized without the consent of the TOWN's City Manager and WRI's Board of Directors. :16.Sublet. WRI shall not have the authority to sublet any portion of the .Premises. Sponsorship arrangement of WRI horses for members and donors are allowed but WRI shall not rent or lease the horses to the .general public. 17. Amendment. This Agreement shall not be amended or modified except by a writing executed by the Parties hereto. 17. Default. In the event that WRI defaults in the performance of its obligations under this Agreement, TOWN shall provide WRI with written notice of the default. If WRI fails to cure the default no later than thirty (30) days after receipt of said written notice, TOWN may terminate this Agreement and/or exercise any remedy available to it by law and/or under this Agreement. 18. California Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action pertaining to this Agreement shall be Santa Clara County, California. 19. Entire Agreement. This Agreement and any exhibits attached hereto and incorporated herein by reference contain the entire agreement between the Parties hereto with respect to the subject matter of this Agreement except as set forth herein. It is expressly understood by each of the Parties that this Agreement may not be altered, amended, modified or otherwise changed in any respect whatsoever, except by a writing executed by all Parties hereto. E 20. Severability. If any term, condition or provision of this Agreement is declared illegal or invalid for. any reason by a court of competent jurisdiction, the remaining terms, conditions and provisions shall nevertheless remain . in full force or effect. 21. Notices. Any material changes to this contract or the relationship between TOWN and WRI must be noticed or communicated in writing and sent to the Parties at their respective addresses specified below or to such other address as the Parties may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: a. Personal delivery, in which case notice is effective upon delivery; b. Certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt or upon attempted delivery if delivery is refused; If to City: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Manager If to WRI: Westwind Riding Institute 27210 Altamont Road Los Altos Hills, CA 94022 Attention: President IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written. WRI: By. Nancy 96uper6s, President ATTEST: 1. eborah Padovan, City Clerk 2092689.1 TOWN By: Carl Cahill, City Manager APPROVED AS TO FORM Steven T. Mattas, City Attorney 7 g r'' 1� .. ,fir �,� sG a E s tow T7 s ��Alm ,� z ._ ow,_i IV,�': �: ' 'Y +: - 01V :.Y ,_. 1 MA --. .� :.... ,Y: _,. "+`• -{:.. am u'-'cF c, .. I''= �. ' � . 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L.h YA.I .: M.}. h' }.Z.Y} r� �' ram " ;;j,'v 4,j x �9111 11- �y s �I ii 7 aD qt t i t s IF �.. . -L .y'I . !1 e �4a 1 i = - .a: r L Y_ rs ' 11111111111111 31 �+i.. _ Mr y i m?N y{o .71 Mi11:7fi-3 4-H Barn Facilities Use and Maintenance Agreement ARENA USE SCHEDULE (Upper Arena) 4-H has exclusive use of the upper arena to .conduct the 4-H Riding for the Disabled program. 4-H holds three 10 -week riding lesson sessions in each month of the Fall, Winter and Spring seasons. Lessons are held Mondays and Thursdays from 4:00prim-5:00pm. In July, four (4) Monday evening sessions are held from 7:00pm-8:00pm. A sample schedule from 2012-2013 is included below: Orientation: Saturday, September 8 (11 am) Mondays 4:00 PM Thursdays, 4:00 PM September 10, 17, 24 September 13, 20, 27 October 1, 8, 15, 22, 29 October 4, 119 181 25 November 5, 19 November 1, 85 15 Orientation: Saturday, January 5 (Noon) Mondays 4:00 PM Thursdays, 4:00 PM January 7, 14, 28 January 10, 17, 24, 31 February 4, 11, 25 February 7, 14, 21, 28 March 4, 11, 18, 25 March 7, 14 Orientation: Saturday, March 30 (Noon) Mondays 4:00 PM Thursdays, 4:00 PM April 1, 89 15, 22, 29 April 4, 119 18, 25 May 6, 13, 20 May 2, 99 169 239 3 0 June 3, 10 June 6 Orientation: Saturday, July 6 (Noon) Mondays 7:00 PM July 8, 15, 22, 29 2092688.1 4-H Barn Facilities Use and Maintenance Agreement EQUINE SERVICES Bedding I Provide bedding material for 4-H barn stalls (4) 1 As needed Feeding for up to six (6) horses in 4-H barn Feeding stalls and shed row stalls 2x/day, 7 days/week (Monday -Sunday) Cleaning Cleaning of up to six(6) stalls including: 1x/day, 5 days/week 4-H barn stalls (4) (Monday -Friday) 4-H shed row stalls (2) Turnout I Maximum of 2 horses 1x/day, 5 days/week (Monday -Friday) WESTWIND RIDING INSTITUTE WESTWIND 4-H RIDING FOR THE HANDICAPPED 27210 Altamont Road Los Altos Hills, CA 94022 TO: Council Members and Staff FROM: Westwind 4-H/WRI RECEIVED MAR 2 March 26, 2014 We have come to a mutual understanding and agreement concerning the storage of a dozen or so containers in the hayloft of the Barn. The Barn Manager, Torie Dye,, and Westwind 4-H/WRl want to memorialize the agreement (as has been proposed by the Town Manager) about the items currently stored in the Barn for the 4-H program. We have always believed that its very important to work in a spirit of cooperation to create a positive atmosphere for everyone at Westwind. The 4-H provides storage area for hay in its barn for the horses in the Westwind feeding pasture and paddocks to help the staff work efficiently — saving both time and effort. We have also always been willing to accommodate a sick or injured Westwind horse in a paddock when we have space to do so. And so on. We would like to continue storing several tubs with items used on special occasions — horse shows, the Halloween Trick -or -Treat Ride on Horseback - for extra horse equipment that can replace worn-out tack, blankets for the horses, etc. There are currently a couple of items — a shop vac and broom — that do not belong to the 4-H and can be removed. The 4-H can also improve the appearance of the items being stored. We look forward to a positive working relationship with our new Westwind Barn Manager. We have gotten off to an excellent start and will continue working together as we move forward to make Westwind Barn a true community barn and one that our Town can be proud of. In accordance with IRS regulations, we acknowledge that no goods or services were exchanged for your gift. Since Westwind Riding Institute is a qualified charitable organization, your donation is fully tax deductible. WRI tax ID: 77-0427204 Westwind 4H/WRI would like to store a dozen containers in the hayloft of Westwind Community Barn. This is a continuation of a practice that has gone on for approximately 20 years. The 4-H/WRI is not asking for space for additional items to be stored in the hayloft. The 4-H can provide to the Barn Manager an inventory of items currently stored. The 4-H/WRI will request permission of the Barn Manager, Torie Dye, whenever there is a need to examine the contents of a container or to bring a container down from the hay loft. The Barn Manager will decide on how this is best accomplished. All 4-H volunteers and sponsors will to stay out of the hay loft area. The volunteers and sponsors have been recently informed that they do not have any right of access to this area. V Nancy Couperus Torie Dye President, Westwind Riding Institute Manager, Westwind Community Barn Date fo 14