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HomeMy WebLinkAbout[07a] 2010 Lease AgreementC.1W OF ST. JOSH PH Council Agenda Item 7(a) MEETING DATE: May 6, 2010 AGENDA ITEM: Administrator Reports — St. Joseph Recreation Association Lease SUBMITTED BY: Administration BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The St. Joseph Recreation Association has requested the City Council renew the lease agreement between the City of St. Joseph and the St. Joseph Recreation as in past years. PREVIOUS COUNCIL ACTION: In 2005 the City renewed the Lease for the Ball fields in Millstream Park for five years. BACKGROUND INFORMATION: The St. Joseph Recreation is a legal entity that operates the Softball program at Millstream Park. The City owns the property and buildings with the Recreation Association running the softball league. The City leases the fields to the Association and the lease identifies the responsibilities of each party. The Recreation Association is responsible for the electricity and upkeep of items such as lights. They receive their funding from player fees and billboard rental in the outfields. The softball season is about to begin so for liability purposes the lease needs to be executed at this time. ATTACHMENTS: Lease Agreement ............................................................ .......................7(a):1 -3 REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the lease agreement between the City of St. Joseph and the St. Joseph Recreation Association for the term January 1, 2010 through December 31, 2014. Real Estate Park Land License City of St. Joseph Minnesota A license is hereby granted this day of 2010, to the St. Joseph Recreation Association, a Minnesota non - profit corporation, exclusive use of the following City Park property: The Southerly Two Hundred Ninety (290) feet of the Northerly Three Hundred Thirty (330) feet of the Westerly Six Hundred Twenty (620) feet of the Northwest Quarter of the Northeast Quarter (NW' /4 NE' /4) of Section Nine (9) Township One Hundred Twenty Four (124) North, of Range Twenty Nine (29) West, Stearns County, Minnesota, and the area South of this parcel which is north of the west to east drainage ditch which traverses this tract. for a period of five years; subject to provision contained in this license. The City of St. Joseph, Minnesota grants license subject to rules and regulations established by the City Council, subject to amendment from time to time, in consideration for the mutual promises contained herein, the parties agree as follows: The City of St. Joseph will: 1. Allow the St. Joseph Recreation Association to use the premises and to sell concessions and the City shall not grant license to any other individual, group, or organization, except on approval of this license holder. The Recreation Association shall not assign license to any other group, organization or individual without written approval of the City of St. Joseph. 2. Maintain access roadway at the current conditions. 3. Provide garbage containers and regular garbage pickup. 4. Provide supplies and materials normally in the City inventory and City owned equipment and services performed by City employees at no charge to the license holder. 5. Will carry normal landlord public liability insurance on the premises and to carry fire and extended coverage insurance on all structures erected and to be erected. 6. Yearly appoint one member of the City Council to serve for one year as a member of the Board of Directors of the Recreation Association and act as liaison between the City of St. Joseph and the Recreation Association. 7. The City will cut and de- thatch grassed areas as necessary. City personnel will assist with the opening and closing of the facility. The St. Joseph Recreation Association will: 1. Allow the use of the property by residents of the City of St. Joseph and the general public on the licensed premises, for St. Joseph Recreation Association approved softball activities. 2. Not remove any sand, gravel soil or materials of any kind without the permission, in writing, of the St. Joseph City Council. 7(a):1 Assume the expense of all materials purchased for installation upon the premises, and for repairs or services which are not normally the services of the City. The Recreation Association shall pay for all materials purchased and any costs incurred with respect to installation or materials, repairs, construction, before any liens, in the nature of mechanics liens, or otherwise, attached to the property and shall be responsible for the prompt removal of all mechanics liens which shall be filed with respect to material or services contracted by the St. Joseph Recreation Association. 4. Conduct softball operations and concessions on the premises and net profits earned shall be used for maintenance and improvements of the premises according to the St. Joseph Recreation Association Constitution and by -laws. Provide the City with information and data needed to perform services agreed. The Board of Directors shall yearly appoint and provide the City with the individuals appointed to the following responsibilities. a. Director for maintenance and construction b. Director for concession operations. 6. Hire personnel to maintain the premises as required. 7. Shall leave all structures and improvements on premises on termination of this license. 8. Provide the City with an annual financial statement of its operations. 9. Open facility by putting into service water, irrigation, plumbing, lighting, electrical, cooling and heating systems, with assistance of City Personnel. 10. Make necessary repairs, and perform maintenance to assure that the infields, outfields, base lines, bases, backstops, fences, warning track and bleachers are prepared for use as scheduled. Grassed areas will be aerated, herbicided and fertilized as necessary, by the St. Joseph Recreation Association. 11. Recreation Association will function as employer and supervisor of their summer employee, maintain personnel records and complete payroll activities for their employee (s). 12. If any alcoholic beverages are sold as part of the concessions or operations, the St. Joseph Recreation Association will carry dram shop liability insurance as required by State Law and local Ordinances. 13. The Recreation Association will make the area available for use by the general public during times when there are no scheduled league activities, or other organized activities by the St. Joseph Recreation Association, included scheduled maintenance of the area, provided that the activity does not damage or alter the premises. For the purposes of this agreement and all other matters, the St. Joseph Recreation Association shall constitute a separate entity from the City of St. Joseph and at no time shall the St. Joseph Recreation Association represent or hold itself out as a commission, subdivision or branch of the City of St. Joseph. 7(a):2 This agreement evidences the entire understanding and agreement of the parties. This agreement supersedes or revokes and prior agreement, either written or oral. No prior oral statements or agreements are valid or enforceable. Modifications or amendments to this agreement shall be in writing, executed by the party against whom enforcement is sought. The St. Joseph Recreation Association shall pay the City of St. Joseph monthly rent to be established at zero dollars ($ 0.00) per month, for the term of this agreement, for the use of the herein described property, according to the terms of this agreement. Termination of this agreement may be made by either party effective 180 days after receipt of written notification of such termination. Dated this day of , 2010. CITY OF ST. JOSEPH A Municipal Corporation La I:A Alan Rassier, Mayor Judy Weyrens, City Administrator ST. JOSEPH RECREATION ASSOCIATION A Minnesota Non - Profit Corporation By Its President By Its Secretary 7(a):3