DRAFT Oak Park Field Agreement
April 9, 2009
~~~~~~~~~~~ This User Agreement made and entered into this 9th~ day of~~April 2009 and between the Town of Greenfield here after referred to as "the town", and The Mounadnock Mountaineers youth football and cheer organization hereafter referred to as "User". In consideration of the mutual promises and agreements continued herein, the Town and User agree as follows: ~
I. Purpose.
~~~~~~The town agrees to allow the User to use the Oak Park controlled property ("Property") for sole purpose of conducting a youth football program. User may also provide for the sale of items at the concession facility provided at the above Property with a separate contract for the concession stand. The User agrees to comply with the terms of the User Agreement, the rules and regulations of the town, and applicable city, state, and Federal laws and regulations. ~
II. Term.
~~~~~~~~~ This User Agreement shall be in place as long as the User remains an organization, and will be reviewed on annual bases. The User shall have the right to use the property during the term of the Use Agreement. The User may schedule any activity (practice, game, or tournament etc) for the property for a date or time with proper notice. No other football entity may use the park for any activity without approval from the town and/or User. The User shall provide the Town with a copy of its schedule at the start of the season, and any special request within two weeks (14 days) of that event. ~
III. Town Obligations.
A. The town will maintain the playing fields for the normal use.
Maintenance shall include:
~~~~~~~~~~~~~~~~ 1. Park maintenance shall be handled the same as in the past.
~~~~~~~~~~~~~~~~ A. Mowing of playing surface and general maintenance
B. The Town will maintain existing rest room facilities. This includes building repairs and maintenance for the roof, interior and exterior walls, doors, plumbing and electrical systems.~
C. The Town will provide building maintenance for existing concession stand.
D. The Town will maintain the parking areas.
E. The Town may conduct monthly meetings to discuss maintenance construction and league business if needed.
F. The Town shall provide the User with an emergency contact. ~
IV. User Obligation
A. The User will provide any additional maintenance of the fields required beyond the normal schedule, but shall provide such maintenance and/or construction only with the prior approval of the town.
B. The User must inform the town with the name and numbers of the board members and head of field.
C. The User shall supply two emergency contacts.
D. The User will maintain concession stand in a clean, safe, and healthy condition. The User will not sell or promote the sale of any alcohol or tobacco products.~
E. The User will clean and secure all restroom facilities and equipment areas on a daily basis. The User will be responsible for adding need porta potty’s at all events.
F. The User will make reasonable efforts to maintain the parking lot, playing field, and common areas in trash free condition. The User will add needed trash receptacles and perform trash and litter pick up, so that the areas are in a clean and orderly state. The user will recycle and provide recycling containers as needed.
G. The User will provide first aid policies to all board members and coaches. The User will also supply first aid supplies and/or medical assistance required during any game, practice, or activity.~
H. The User shall make by-laws, financial reports, monthly meeting times and locations available to the town upon request.~
I. The User is responsible for monitoring facilities during use. This includes all practices, games, and tournaments.
J. The User is also responsible for closing a field due to unsafe conditions once the fields are turned over to the User for play. (ie: thunderstorms)
K. The User must control parking and make sure its users follow park rules at (i.e. parking) practice, games, and events. “No Parking” signs will be posted as appropriate.
L. The User will not waste any utility services provided by the Town.~
M. Practice will be conducted for the season starting July 21 and ending on or about November 1st. The User should make every effort to alleviate crowding, and also make every effort to control the parking and traffic flow.
N. Screening of Coaches. The User will provide back ground checks on all Coaches and board members, as well as anyone with direct involvement.
O. The user is responsible for ensuring the public address system is used only as necessary and kept to a minimum. The user will also be responsible for maintaining appropriate volume on the PA system.
P. The league is responsible for ensuring parking on game day as well as maintaining no parking areas during events.~
V. User Representations
A. User represents that it is a non-profit or not for profit corporation as defined by the Internal Revenue Code.
B. User covenants that it will not discriminate against any person, including, but not limited to sex, race, religion, natural origin, or disability, and that its programs and services will comply with the Americans with Disabilities Act. User will have allowances for applicants that are financially unable to participate in programs.
C. User shall maintain a liability insurance policy during the term of the Use Agreement.~
D. The User accepts the property as suitable for the purposes of the Use Agreement. User will protect and maintain the Property and will pay the town for any damage to Property during the term of the Use Agreement as determined by the town based on pre and post-season inspections. ~
~
~
VI. Policies
A. Signage
The User shall post no signs on the property without prior approval of the Town.
B. Vendors
Vendors will be allowed to sell any product or service on Property with prior approval from Town. If approved, vendor must have permit issued by the Town.
Structures
The User shall not alter or modify any existing building or structure nor build or locate any new building or structure on the Property without prior written approval of the Town and the approval of all appropriate city agencies.
D. Allocation of Facilities
1. Greenfield residents shall have priority for all programs and use of facilities.
2. In the event of facility limitations, as determined by staff, the following priority system will be utilized.
a. Recreation youth programs shall have priority over recreation adult programs.
b. Recreation adults have second priority for usage.
c. Competitive youth programs shall have priority over competitive adult programs.
d. Competitive adults have fourth priority.
e. High school sports have fifth priority for usage on a hardship basis.
f. The Town will determine other schedule conflicts.
E. Termination of Use Agreement
1. This Use Agreement may not be assigned or transferred. The Town shall have sole discretion to terminate the Use Agreement. Termination may result from User's failure to abide by the terms set forth in this agreement. In the event of a breach of
The Use Agreement, the Town may, but is not required to, give the User an opportunity to timely correct the default.
F. Powers
The Town of Greenfield has the power to remove any organization, or individual not abiding by this agreement or for conduct deemed inappropriate to the citizens of Greenfield.
G. Audit
The Town reserves the right to perform an audit on the User or league at any time.
H. Amendment
This Use Agreement constitutes the entire agreement between the town and the User. The Use Agreement can only be amended by a written amendment executed by the Town and User. ~
I. Attached
~~~~~~ This User Agreement shall contain the attached Proposal to upgrade and use Oak Park. To be a guide to the over all plan and agreement.~
~
~
~
~
~
~
~
~
The Town of Greenfield NH
By: _________________________
By: _________________________
By: _________________________ ~
The Monadnock Mountaineers
By: _________________________
By: _________________________
By: _________________________
~
| 
