Common use of Field Modifications Clause in Contracts

Field Modifications. In an effort to assist DISTRICT with ensuring that their men’s and women’s baseball and softball programs have equal field time and equal facilities and at the same time maintaining the equal allocation of CITY field facilities in accordance with Title IX and AB2404 (Government Code section 53080) and ensuring that the City can continue its existing level of programming for all sports, the CITY of Albany has agreed to DISTRICT’S request to modify its sports fields as described in (1) and (2) below (the “Modifications”). The overall benefit to baseball and softball participants in Albany is that residents will have access to two baseball fields and two softball fields, which will be available to meet the baseball and softball needs of the community. (1) The baseball field at the Cougar sports complex will be reconfigured to accommodate two softball fields and will be scheduled according the Exhibit C. (2) Memorial and Ocean View sports will be modified to accommodate AHS men’s baseball teams and scheduled according to Exhibit C. Exhibit C may be modified by mutual written agreement of the Parties. Modifications to Cougar Field, Ocean View Field, and Memorial Field will be paid for by DISTRICT. A list of Modifications is in Exhibit D. After the Modifications are complete and any permanent equipment has been installed and the sites and equipment have been inspected by the Parties to the satisfaction of the CITY and DISTRICT, the new installation and permanent equipment belong to the agency owning the property on which the installation occurred. Therefore, the CITY will own and maintain items such as restrooms, lights, bleachers, backstops, dugouts, fencing, batting cages, drinking fountains, bullpens, etc. at Ocean View and Memorial and the DISTRICT will own and maintain restrooms, lights, bleachers, backstops, dugouts, fencing, batting cages, drinking fountains, bullpens, etc. at Cougar. Portable batting cages are not considered permanent equipment. Should the DISTICT restrict CITY’S use of softball facilities at Cougar such that the CITY can no longer provide the same level of programming for girl’s softball as is provided for boy’s baseball in Albany, the CITY shall notify the DISTRICT in writing, and the Parties shall meet and confer within thirty (30) days of the CITY’s notice. If the Parties are unable to reach agreement or DISTRICT is unable to cure the issue to the reasonable satisfaction of CITY within thirty (30) days from the meet and confer date, then the CITY may terminate this agreement and the DISTRICT shall be responsible for returning the Ocean View sports field to a softball field equivalent to that of the Memorial baseball field. Additionally, in agreeing to the field Modifications, the CITY does so with the understanding that there will be no decrease in the amount of field time currently being offered to the community for sports programs other than baseball and softball.