Loading...
HomeMy WebLinkAbout5.C.2. Agreement for Use of Jackson Township Baseball Field }c. ~m CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Sherry Dvorak, Recreation Supervisor Meeting Date: February 4, 2008 Subject: Agreement for Use of Jackson Township Baseball Field INTRODUCTION City Council is asked to authorize an agreement with Jackson Township for the use of their baseball field. BACKGROUND AND DISCUSSION In 2004 when the City first started utilizing the baseball field for Shakopee Youth Baseball Association activities, an agreement was drafted that outlines the arrangement between all parties involved. I have attached a copy of the original agreement for your review (Attachment 1). The original agreement was approved by the Shakopee City Council in April of 2004 however it apparently was never submitted to the Township for acceptance. Therefore it was never executed. Earlier this fall, Bill Krouse, president of the Shakopee Youth Baseball Association presented to the Township Board a proposal for an irrigation system to be installed on the ball field. The proposal was accepted and the project is now complete. Since 2004, the Shakopee Youth Baseball Association has completed approximately $20,000 of improvements to the ball field. During the discussion on the irrigation project, there was a consensus that the original agreement needed to be updated. Since that time, staff has met with members of the SYBA and Jackson Township Officials. The outcome of the discussions is the proposed Use Agreement. During the timeframe of updating this agreement, input was taken from the Parks Division regarding the City's maintenance of the facilities that is included in the agreement. The proposed updated agreement is attached for your review (Attachment 2). Proposed terms include the following: • The Township agrees to mow, fertilize, and provide weed control as needed. They will be responsible for annual maintenance and general repairs of the irrigation system. Major repairs (i.e. pump replacement) would be shared with the Baseball Association. • The City will drag, paint foul ball lines, provide a portable restroom and provide garbage control for ball field site. • The Township would need to authorize any future improvements to the field. • The Township will have first right for field scheduling, but the City would be guaranteed availability Monday-Friday evenings, and other times as available. The City would issue use permits for City activities. All other activities would be scheduled through the Township. (The City could schedule the field for other activities, with approval from the Township, if the Township would prefer.) • The Township would retain priority usage of the parking lot. On such dates that would require additional parking the City would pursue other parking options (church parking lot north of County Road 78). • Due to the investment being made in improving the field, the Baseball Association has requested that the agreement run through 2017. The updated agreement was presented to the Jackson Township Board at their December 18th meeting and accepted as drafted at the January 15th meeting. VISIONING RELATIONSHIP This action appears to meet the following aspects of the City's vision: Goal: Great place for kids to grow up (C) Strategies: Increase use of Park and Recreation Foster community relations RE UESTED ACTION City Council is asked to authorize appropriate City officials to enter into agreement with Jackson Township for the use of their baseball field, contingent on review and approval of this agreement by the City Attorney. At~lchment #1 AGREEMENT FOR USE OF JACKSON TOWNSHIP BASEBALL FIELD THIS AGREEMENT made and entered into this day of , 20041 by and between the CITY OF SHAKOPEE, a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred to as "CITY", and Jackson Township, hereinafter referred to as "TOWNSHIP' ;and WITNESSETH: WHEREAS, the CITY has a desire to use Jackson Township baseball field for CITY-affiliated (Shakopee Baseball Association) programs; and, WHEREAS, the TOWNSHIP desires to make the baseball field available to the CITY. NOW, THEREFORE, it is hereby agreed by and between CITY and TOWNSHIP as follows: A. GENERAL CONDITIONS 1. The CITY shall conduct their activities so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the TOWNSHIP and all of its officers, agents and employees from any and all claims, losses, injured, dar~nages and liabilities to persons or property occasioned wholly or in part by the acts or omissions'of the CITY, its agents, officers, employees, volunteers, patrons, or any persons associated with or served by the CITY. 2. The TOWNSHIP shall conduct their activities so as not~to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the CITY and all of its officers, agents and employees from any and all claims, losses'; m used, damages and liabilities to persons or property occasioned wholly or in dart by the acts-or omissions of the TOWNSHIP, its agents, officers, employees, volunteers; pai<rons;'' or any persons associated with or served by the TOWNSHIP. 3. This Agreement shall be valid,~hrough December 31, 2008, and may be modified through mutual agreement or dissolved by written one-year notice by either party. The agreement shall automatically renew on an. annual basis upon expiration of the initial term of the agreement, unless modified by mutual agreement or dissolved by written one-year notice by either party. B. FIELD MAINTENANCE AND OPERATIONS 1. It shall be the responsibility of the TOWNSHIP to keep and maintain the baseball field in a good order and repair except as otherwise provided in this agreement. 2. The TOWNSHIP agrees to mow, fertilize, and treat the field with herbicide for weed control as needed. 3. The CITY agrees to drag the field, paint the foul ball lines, and provide a portable restroom as needed. 4. The CITY or its affiliated organizations may periodically want to make improvements to the field. Any improvements being considered shall be discussed with the TOWNSHIP, and the TOWNSHIP must grant approval for the improvements. C. FIELD SCHEDULING 1. The TOWNSHIP agrees to permit the CITY to schedule the field for activities, after TOWNSHIP activities are scheduled. The CITY will be guaranteed Tuesday-Friday evenings, and other times as available. The CITY will only schedule CITY or CITY-affiliated activities at the field. 1 2. The TOWNSHIP agrees to allow the CITY to issue permits for use of the baseball field to CITY or CITY-affiliated organizations. This Agreement shall be interpreted under the laws of the State of Minnesota and the covenants, stipulations and conditions herein contained shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto and may be amended if necessary to comply with statutory or regulatory requirements that may be required of the parties: IN WITNESS WHEREOF, the parties hereto have caused these presence to be executed the day and year first above written. CITY OF SHAKOPEE JACKSON TOWNSHIP By: By: Its: Its: By: By: Its: ~ _ Its:. By: Its: 2 A~achmen~ 2 AGREEMENT FOR USE OF JACKSON TOWNSHIP BASEBALL FIELD THIS AGREEMENT made and entered into this day of , 2008 by and between the CITY OF SHAKOPEE, a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred to as "CITY", and Jackson Township, hereinafter referred to as "TOWNSHIP' ;and WITNESSETH: WHEREAS, the CITY has a desire to use Jackson Township baseball field for CITY-affiliated (Shakopee Baseball Association) programs; and, WHEREAS, the TOWNSHIP desires to make the baseball field available to the CITY. NOW, THEREFORE, it is hereby agreed by and between CITY and TOWNSHIP as follows: A. GENERAL CONDITIONS 1. The CITY shall conduct their activities so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the TOWNSHIP and a!I of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of the CITY, its agents, officers, employees, volunteers, patrons, or any persons associated with or served by the CITY. 2. The TOWNSHIP shall conduct their activities so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the CITY and ail of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of the TOWNSHIP, its agents, officers, employees, volunteers, patrons, or any persons associated with or served by the TOWNSHIP. 3. This Agreement shall be valid through December 31, 2018, and may be modified through mutual agreement or dissolved by written one-year notice by either party. The agreement shall automatically renew on an annual basis upon expiration of the initial term of the agreement, unless modified by mutual agreement or dissolved by written one-year notice by either party. B. FIELD MAINTENANCE AND OPERATIONS 1. It shall be the responsibility of the TOWNSHIP to keep and maintain the baseball field in good order and repair except as otherwise provided in this agreement. 2. The TOWNSHIP agrees to mow, fertilize, and treat the field with herbicide for weed control as needed. 3. It shall be the responsibility of the TOWNSHIP to keep and maintain the irrigation system in good order. The TOWNSHIP will be responsible for annual maintenance and general repairs. Maior repairs will shared between TOWNSHIP and CITY-affiliated (Shakopee Baseball Association) grogram. 4. The CITY agrees to drag the field, paint the foul ball lines, provide adequate garbage containers. and provide a portable restroom as needed. 5. The CITY or its affiliated organizations may periodically want to make improvements to the field. Any improvements being considered shall be discussed with the TOWNSHIP, and the TOWNSHIP must grant approval for the improvements. 1 C. FIELD SCHEDULING 1. The TOWNSHIP agrees to permit the CITY to schedule the field for activities, after TOWNSHIP activities are scheduled. The CITY will be guaranteed Monday-Friday evenings, and other times as available. The CITY will only schedule CITY orCITY-affiliated activities at the field. Th City shall submit a schedule of weekend events to be held each year by March 31St of each calendar year. 2. The Township shall retain priority usage of the parking lot. On such occasions that would require additional parking the City would pursue other parking options. Proper notification of such events shall be coordinated by the Parks and Recreation Office and Township Administration. 3. The TOWNSHIP agrees to allow the CITY to issue permits for use of the baseball field to CITY or CITY-affiliated organizations. This Agreement shall be interpreted under the laws of the State of Minnesota and the covenants, stipulations and conditions herein contained shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto and may be amended if necessary to comply with statutory or regulatory requirements that may be required of the parties. IN WITNESS WHEREOF, the parties hereto have caused these presence to be executed the day and year first above written. CITY OF SHAKOPEE JACKSON TOWNSHIP By: By: Its: Its: By: By: Its: Its: By: Its: 2