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HomeMy WebLinkAbout15.B.2. Agreement with Jackson Township for use of Baseball Field IS.B.J. CITY OF SHAKOPEE MEMORANDUM CONSENT To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Meeting Date: April 6, 2004 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 Bob Suel, President of the Shakopee Youth Baseball Association, and I have been working with Jackson Township to gain access for their field due to the shortage of City fields. The Township 'agreed last year to permit regular use of their field, and authorized the Baseball Association to make improvements at the field. This agreement outlines the use and maintenance responsibilities for the field. To summarize, the township would mow, fertilize, and control weeds. The City would drag the field for games and provide the portable restroom. The Association would continue to make improvements and help care for the turf (water). REQUESTED 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. Ma~~B Facilities and Recreation Director I Draft Version: 04/01/04 I I AGREEMENT FOR USE OF JACKSON TOWNSHIP BASEBALL FIELD THIS AGREEMENT made and entered into this day of ,2004~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, 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 all 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 31,2008, 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 CITYwill be guaranteed Tuesday-Friday evenings, and other times as available. The CITY will only schedule CITY or CITY-affiliated activities at the field. 1 I Draft Version: 04/01/04 I I AGREEMENT FOR USE OF IS.6,~. JACKSON TOWNSHIP BASEBALL FIELD ~fI\t\jleJ lfls THIS AGREEMENT made and entered into this day of ,2004~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, 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 all 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 31,2008, 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