HomeMy WebLinkAboutMeridian Youth Baseball/Softball, Inc. First Amendment to Development and License Agreement FIRST AMENDMENT to
CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT
MERIDIAN YOUTH BASEBALL/SOFTBALL,INC.AMENDMENT TO
DEVELOPMENT AND LICENSE AGREEMENT
This FIRST AMENDMENT to CITY OF MERIDIAN PARKS &RECREATION
DEPARTMENT—MERIDIAN YOUTH BASEBALL/SOFTBALL, INC. AMENDMENT TO
DEVELOPMENT AND LICENSE AGREEMENT("First Amendment") is entered into this
9th day of January, 2024 by and between the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho ("City"), and Meridian Youth Baseball/Softball,
Inc., a non-profit corporation organized under the laws of the State of Idaho ("MYB/S INC.").
WHEREAS, the Parties seek by this First Amendment to amend the City of Meridian
Parks &Recreation Department—Meridian Youth Baseball/Softball, Inc. Amendment to
Development and License Agreement, dated February 14, 2006 ("2006 Agreement"), a copy of
which is attached hereto as Exhibit A;
WHEREAS,pursuant to the proposal and specifications attached hereto as Exhibit B,
MYB/S seeks to install retractable awnings on two of the City's concession stands in Meridian
Settlers' Park, in order to provide shade and weather protection for MYB/S and other park users,
at MYB/S's expense; and
WHEREAS, City will allow the installation of the retractable awnings as set forth in
Exhibit B, pursuant to the conditions set forth in this First Amendment;
NOW,THEREFORE, in consideration of the mutual covenants of the parties, the
Parties agree as follows:
A. SECTION 3(r)ADDED. A new subsection shall be added to Section 3 of the of the 2006
Agreement, subsection 3(r), to read as follows:
r. MYB/S INC. shall coordinate the installation of retractable awnings on each of the two
(2) concession stands serving the baseball and softball fields on the west side of Meridian
Settlers' Park, at MYB/S INC.'s sole expense,pursuant to the proposal and specifications
attached hereto as Exhibit B. The following terms and conditions shall apply:
(1) Prior to installation of the awnings, MYB/S shall obtain all required permits
from the City of Meridian Community Development Department/Building
Services Division. MYB/S shall obtain all necessary inspections from the
City of Meridian Community Development Department/Building Services
Division.
(2) MYB/S shall notify the Parks &Recreation Department Director or designee,
by phone or email, of the dates and times of the installation of the awnings
and/or related systems.
FIRST AMENDMENT To 2006 MYB/S AGREEMENT PAGE 1
(3) Within thirty(30) days of complete installation of the awnings, MYB/S shall
provide to City copies of all: permitting and inspection records, receipts
showing payment in full for all goods and services related to such installation,
and waivers of lien from any and all contractors used in the installation of the
awnings and/or related systems. Should MYB/S fail to timely provide all
documentation required by this section, City may obtain same and invoice
MYB/S for all associated costs of such task, including required staff time,
which invoice MYB/S shall pay within seven (7) days of receipt.
(4) Within seven (7) days of receipt of all required documentation, City shall
visually inspect the awnings to confirm that they meet the specifications set
forth in Exhibit B, and if they do, shall provide to MYB/S written notification
of City's acceptance of the awnings as installed.
(5) MYB/S shall provide any and all necessary maintenance or repairs to the
awnings. MYB/S shall ensure that the awnings are in good condition
aesthetically and operationally by engaging routine inspection and
maintenance pursuant to all applicable manufacturers' and installers'
recommendations. MYB/S shall ensure that all maintenance and repairs are
conducted by professionals with proper licensing and certification. MYB/S
shall be responsible for obtaining all permits and inspections necessary for
work on the awnings and related systems.
(6) MYB/S shall retain ownership of the awnings throughout the term of this
Agreement. Upon termination or expiration of this Agreement, the awnings
shall become the property of City.
(7) In the event the awnings or related systems are replaced, MYB/S shall comply
with all terms and conditions of this subsection (r)(1-6) in the course of
installing the replacement awnings or related systems.
B. SECTION 6(e)MODIFIED. Section 6(e) of the of the 2006 Agreement shall be modified to
read as follows:
e. City shall perform all site maintenance other than what MYB/S INC. has agreed to
maintain as noted above in item 3(n) and 3(r) of this Agreement.
C. SECTION 12 MODIFIED. Section 12 of the of the 2006 Agreement shall be modified to read
as follows:
12. MYB/S INC. shall not make, or permit to be made, alterations on or to the premises
without first obtaining City's written consent. Except as otherwise specified in this
Agreement, additions to, or alterations of, the premises shall become at once a part of the
real property and belong to City. MYB/S INC. shall keep the premises free from any
FIRST AMENDMENT To 2006 MYB/S AGREEMENT PAGE 2
liens arising out of any work performed for, materials furnished to, or obligations
incurred by MYB/S INC.
D. NO ADDITIONAL PROVISIONS. The Parties agree that except as expressly modified by this
First Amendment, all provisions of the 2006 Agreement shall remain in full force and effect.
No other understanding, whether oral or written, whether made prior to or
contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise
affect the operation of the 2006 Agreement or this amendment thereto.
IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed
by their duly authorized officers to be effective as of the day and year first above written.
MERIDIAN YOUTH BASEBALL/SOFTBALL,INC.:
—4�)w b�
NAM , President
CITY OF MERIDIAN:
BY: Attest:
Robert E. Simison 1-9-2024 Chris Johnson 1-9-2024
Mayor City Clerk
FIRST AMENDMENT To 2006 MYB/S AGREEMENT PAGE 3
EXHIBIT A
2006 AGREEMENT
FIRST AMENDMENT TO 2006 MYB/S AGREEMENT PAGE 4
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
A741WIRN Y04,T'FI
ner�drhe DEVELOPMENT AND LICENSE AGREEMENT
THIS AGREEMENT made and entered into this day of ,
by and between the City of Meridian,an Idaho Municipal Corporation,
hereinafter called "City", and the Meridian 'You tit Baseball/Softball, Inc., a 501(c)(3)
Corporation, hereinafter called "MYB/S INC."
WHEREAS, "MYB/S INC." is a service organization dedicated to public service for
fund raising in support of the youth of Meridian and Western Ada County; and
WHEREAS,"MYB/S INC." and the"City"desire to cooperate to improve recreation
opportunities for youth and the residents of Meridian and Western Ada County; and
WHEREAS, the"City" has available a 23.5 acre parcel within Meridian Settler's Park;
and
WHEREAS, the"City" and "MYB/S INC."agree to designate the 23.5 acre parcel site
as a Special Use park to support youth.
WHEREAS, the "City"is willing, upon certain terms and conditions, to provide use of
the entire 23.5 acre site for a period of time defined within this AGREEMENT;and
NOW, THEREFORE, the parties hereto agree as follows:
1. USE
For and in consideration of promises contained herein, and other good and
valuable consideration., "City"hereby gives and grants to"MYB/S INC."
the right, privilege and license to use certain property(the`premises")
Meridian Youth Baseball/Softball complex more particularly described in
Exhibit A,attached hereto and incorporated herein by reference and
attachment, for purposes set forth in this agreement.
2. TERM OF AGREEMENT
This AGREEMENT shalt be for a term of twenty-five(25) years, with an
option to renew by"MYB/S INC."for an additional ten (10)year period
commencing on the f S day of MA-,,rr, , 2-0o*.
Notice must be given to the other party in writing to the other party at least
ninety(90) days prior to the commencement of the option period if the
renewal is not desired by either party.
CITY OF MERIDIAN
PARKS &RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE I OF 10
;. DEVELOPINIENT AiND USE OF PR1rMISE
",MYB/S INC."will partner with the"City" to construct the park property
for the use of"MYB/S INC."youth within the above-described area,
which shall be constructed and maintained in accordance with the
following provisions:
a. "MYB/S INC." will provide fundinb necessary for the construction
of the buildings and a poition of the facility premises as described
by the department and shown on the Park Master Plan.
b. Development of the premises shall be in the following noted
phases, which shall be completed within three (3)years of the date
thereof provided, and that two additional years may be granted if
necessary and so long as good faith efforts to raise funds and make
progress toward completion are demonstrated.
C. Phase One shall include:
1. All engineering and construction documents.
2. All baseball back stops and fencing.
3. The construction of the playing fields.
4. All underground utility construction.
5. Parking lot drainage, sub-base to grade and paving.
d. Curb, gutter, and sidewalks.
7. Fine grading for seed preparation,grass seeding.
8. Construction Management
This Phase One is substantially complete and scheduled for final
completion in September 2006.
d. Phase Two shall include:
1. Construction ofrestroom/concession buildings.
2. Landscaping and trees.
CITY OF MERIDIAN
PARKS &RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 2 OF 10
This Phasc Two is to be substantially complete and scheduled for
final completion in September 2007.
c. Phase Three shall include:
l. Construction of maintenance building.
This Phase Three is to be substantially complete and scheduled for
final completion in September 2009.
MYB/S INC will provide funding for the following items:
I. All engineering and construction documents.
2. All baseball backstops and fencing.
3. Construction Management.
4. Construction of restroom/concession buildings.
5. Construction of maintenance building.
6. Landscaping and trees.
7. All change orders.
. "MYB/S INC."shall not use or permit the use of the premises for
any other purpose without the express written consent of the
"City"
h. The portion of Meridian Settler's Park to which this agreement
applies, is to remain open to public use when not scheduled for
organized use by "MYB/S INC."related activities.
i. "MYB/S INC."will provide a yearly schedule of events to"City".
j. Park rules and regulations and applicable city ordinances will be
observed and complied with.
k. "MYB/S TNC."understands that the premises licensed for use is
first and foremost a"City"park and must obtain permission from
"City"prior to the start of any earth work,grading or construction
being performed.
1. "MYB/S TNC."agrees to develop the park to "City"park
construction specifications and all construction will require a
building permit prior to the start of construction.
CITY OF MERIDIAN
PARKS &RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 3 OF 10
m. "1\/IYB/S [INC." agrees to maintain records of donations and record
volunteer labor hours and provide the "City" copies of such
records every six (6)months during the construction period.
n. "MYB/S INC."agrees to perform the following site maintenance
during their scheduled use of the site: stripe all playing fields;
place a minimurn of two trash receptacles at each play field, the
"City" will provide the necessary trash receptacles and receptacle
liners; remove the garbage from all trash receptacles and place in
designated trash container at the end of each clay that games are
scheduled;provide a six yard trash container, and provide portable
toilets as necessary.
a. "MYB/S INC." shall be permitted to exclusively operate and
maintain a food concession on site during their scheduled use.
Maintenance and operation of concession operation shall include:
maintain the interior of the concession building,obtain all
appropriate permits and operate the concession to all City, County
and State standards for a good operation; schedule, staff and
manage concession operations; remove and properly dispose of
litter generated from the concession operation. Revenue generated
from the concession is to be placed towards the"MYB/S INC."
program and other youth functions.
P. "MYB/S INC." shall have the right to build and maintain,
consistent with the terms of this agreement and the City's approved
site Master Plan, maintenance/restroom with office on second story
of the facility.
q. "MYB/S INC."shall have sole and exclusive use of the interior of
the concession and maintenance buildings, and all personal
property stored in such buildings is the property of the"MYB/S
INC.". The "City"maintains the right to schedule and reserve site
facilities such as shelters, and restrooms during non-scheduled
"MYB/S INC."youth program use times.
P. "MYB/S, INC."may only charge admission to facilities in the park
in the following circumstances: a regional or state tournament
hosted by`MYB/S, INC." which is affiliated with a national
sponsor such as Cal Ripken or Babe Ruth in which the sponsor
requires the host to charge admission fees;prior advance written
notice has been given to "City"at least 30 days in advance of the
date of the tournament; and the proceeds from the admission fees
shall be used to advance the goals and purposes of encouraging
CITY OF MERIDIAN
PARKS&RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 4 OF 10
youth athletic competition and Fitness. In the event that charging
admission fees results in litityation or controversy involving t11e
"City", the parties hereto agree to meet and renegotiate the
circumstances in which admission fees may be charged. Except as
provided herein, no admission charges shall be permitted for
regular league play or any other regular activity of"MYB/S, INC."
4. CONDITIONS OF USE
a. It is understood that dunng constriction that the facility will be
secured in a manner that reduces the opportunity for injury to
anyone entering the property.
b. It is understood and agreed by the parties that "City" has no
obligation to pay for constriction of the park unless agreed to in
writing and attached to this License Agreement. "City" makes no
warranty or promise as to the condition,safety, usefulness or
habitability of the premises and "MYB/S INC."accepts the
premises "as is".
S. INDEMNIFICATION AND INSURANCE
"MYB/S INC." indemnifies"City"and holds "City"harmless from any
loss,liability, claim or action for damages or injury to"MYB/S INC.", or
personal property, or their employees, agents, guests or business invitee(s)
attending or participating in any"MYB/S INC."event, game or practice
and arising out of or resulting from the condition of the premises or any
lack of maintenance or repair thereon. It is further understood and agreed
"MYB/S INC."shall not be considered agents of"City" in any manner or
for any purpose whatsoever in their use and occupancy of the premises,
and "MYB/S INC."hereby agrees to indemnify and hold"City" harmless
from any loss, liability,claim or action from damages or injuries to
persons or property in any way arising out of or resulting from the use and
occupancy of the LICENSED premises by WYB/S INC.", their agents,
employees, guests or business invitee(s)attending or participating in any
organized"MYB/S INC."event, game or practice. If any claim, suit or
action is filed against"City"for any loss or claim described in this
paragraph, "MYB/S INC.", at"City's"option shall defend"City"and
assume all costs, including attorney's fees, associated with the defense or
resolution thereof, or indemnify"City"for all such costs and fees incurred
by"City"in the defense or resolution thereof,however the "City" shall
not be relieved hereby from liability for its own negligence or that of its
employees.
CITY OF MERIDIAN
PARKS &RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 5 OF 10
In addition. "MYB/S INC."shall maintain, and specifically agrees to
maintain throughout the term of this AGREEMENT. liability insurance in
which "City"shall be named insured in the minimum amount as specified
in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho
Code. The limits of insurance shall not be deemed a limitation of the
covenants to indemnify and save and hold harmless"City"; and if"City"
becoines liable for an amount in excess of the insurance lit-nits, herein
provided, "MYB/S INC."covenants and agrees to indemnify and save and
hold harmless "City"from and for all such losses, claims,actions,or
judgements for damages or liability to persons or property occurring as a
result of attending or participating in any organized"MYB/S INC."event,
game or practice. "MYB/S INC."shall provide"City" with a certification
of insurance or other proof of insurance evidencing"IMY13/S INC."
compliance with the requirements of the paragraph and file such proof of
insurance with:
City of Meridian
33 East Idaho Street
Meridian,Idaho 83642
In the event the insceranc;e minimums of the Idaho Tort Claims Act are
changed, "MYB/S INC."shall immediately submit Proof of Cornpl iance
with the changed limits.
The"MYB/S 1NC."will provide"City"a detailed Master Plan as
approved by the Board of Parks and Recreation Commissioners for which
construction will be designed and built.
6. CITY RESPONSYBILITIES
a. Phase One:
I. The "City"will pay for the construction of playing fields.
2. The"City"will pay for all underground utility
construction.
3. The"City"will pay for parking lot drainage, sub-base to
grade and paving.
4. The"City" will:pay for pathway and sidewalk sub-base to
grade and paving.
5. The"City"will pay for curb,gutter, and sidewalks.
6. The"City"will pay for fine grading for seed preparation,
grass seeding_
7. The"City"will pay for Sprinkler irrigation installation.
CITY OF MERIDIAN
PARKS &RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 6 OF 10
b. The "City" Grill apply for and pay associated fees for all "City" and
County permits and applications for construction purposes for
improvements to the site. The"City shill pay all ACFID fees
associated with this development.
C. The "City" will approve all detailed specifications for construction
of all site improvements to the park.
d. The "City"will provide project inspections during construction to
assure that all improvements are constructed to the approved
specifications.
e. The "City"shall perform all site maintenance other than what
"MYB/S INC."has agreed to maintain as noted above in item 3. L.
of this AGREEMENT. The City will accept maintenance after
each phase of construction is complete and acceptable to the City
as outlined herein.
7. TERMINATION UPON BREACH OR DEFAULT
This AGREEMENT may be terminated by either party upon a breach of
this agreement and failure to cure such breach after sixty(60) days written
notice. In such event, "MYB/S INC."shall be required to remove all
personal property and otherwise vacate the premises on or before the
expiration of the sixty(60) day period. In the event of a holdover by
"MYB/S fNC."beyond the sixty(60)day period,"City", in addition to
and without waiver of any other rights or remedies it may have, may
immediately re-enter and take possession and expel "MYB/S INC."from
the premises, with or without process of law. In the event of re-entry by
"City","MYB/S INC."shall be liable for any damages suffered by"City",
its agents or employees,and any costs, including legal expenses and
attorneys fees, incurred by "City"in recovering the premises.
S. NON-`WAIVER
"City's"waiver on one or more occasion of any breach or default of any
term, covenant or condition of this AGREEMENT shall not be construed
as a waiver of any subsequent breach or default of the same or a different
term, covenant or condition,nor shall such waiver operate to prejudice,
waive or affect any right or remedy"City"may have under this
AGREEMENT with respect to such subsequent default or breach by
"MYB/S INC."shall be liable to"City" for all damages and costs,
including legal expenses and attorney's fees, suffered or incurred by
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 7 OF 10
"City" in the enforcement of any of the terms, covenants or conditions of
Elie AGREEMENT.
9, SURRENDER OF PREMISES
Upon the expiration or earlier termination or cancellation of this
AGREEMENT, "MYB/S NC." agrees to quit and surrender the premises
to "City"without causing or suffering any waste thereon. "City"hereby
agrees that in consideration of"MYB/S INC." perfonnance of the terns
and conditions of this AGREEMENT, "MYB/S INC."may peaceably and
quietly have and enjoy the said premises for the duration of this
AGREEMENT.
10. ASSIGNMENT,SUBLEASE OR TRANSFER
"MYB/S INC."shall not assign, sublet or transfer the LICENSED
premises, or any portion thereof, or cause or suffer any alterations thereto,
other than as specified in this AGREEMENT,without the express written
consent of"City".
t]. NOTICES
a. All notices to be given with respect to this AGREEMENT shall be
in writing addressed as follows:
TO "MYB/S INC.": President
Meridian Youth Baseball/Softball,Inc.
P.Q. Box 55
Meridian, Idaho 83690
TO "CITY": City of Meridian
Director, Parks and Recreation Dept.
11 West Bower Street
Meridian, Idaho 83642
With a copy to: City Clerk
33 East Idaho Street
Meridian,Idaho 83642
b. Notice shall be either delivered or sent by certified mail,postage
prepaid,return receipt requested to the party to be notified at the
address specified above, or such other address as either party may
designate in writing. Every notice shall be deemed to have been
given at the time it is deposited in the United States mail, or upon
CITY OF MERIDIAN
PARKS&RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 8 OF 10
delivery to the party ,above specified, or their agent or le-al
representative.
12. ALTERATIONS
"MI YB/S INC,"shall not make, or permit to be made, alterations on or to
the premises without first obtaining"City's"written consent. Additions
to, or alterations of, the premises shall become at once a part of the real
property and belong to "City". "MYB/S INC."shall keep the premises
free from any liens arising out of any work performed for, materials
furnished to, or obligations incurred by"MYB/S INC."
13. "MYB/S INC." INSPECTION OF PREMISES
"MYB/S INC."acknowledges that `MYB/S INC."has inspected the
premises and does hereby accept the premises as being in good and
satisfactory order, condition, and repair. "MYB/S INC."agrees that upon
termination of this AGREEMENT for any reason, including the expiration
of its term,"MYB/S INC." shall surrender the premises to"City" in the
same good condition as received, reasonable wear and tear,damage by
fire, or act of God excepted.
14. INSPECTON
"MYBiS INC." shall permit `City"and "City's"contractors and
employees,at any time, to enter the premises for the purposes of
inspection for compliance with the terms of this Use AGREEMENT and
for the exercise of"City's"rights, the posting of notices,and for all other
lawful purposes.
15. APPROVAL BY CITY COUNCIL
This AGREEMENT shall not be effective for any purpose whatsoever
until it is approved by the resolution of the City Council and executed by
the Mayor. By the granting of this LICENSE, the City Council is not
obligating itself,the City of Meridian, its officers or agents, with regard to
any other discretionary action relating to development or operation of said
premises. Such discretionary actions include, but are not limited to, the
granting or rezoning, variances, use permits,environmental clearances, or
any other governmental agency approval that is required by law.
16. BINDING EFFECT:
CITY OF MERIDIAN
PARKS &RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 9 OF 10
This AGREEMENT and tilt, terms and conditions hereofshall apply to
and are bindiing upon the heirs, legal representative. successors and assitons
of the parties.
17. PRIOR AGREEMENTS SUPERCEDED:
This AGREEMENT contains the entire agreement between the parties as
it pertains to the premises.
IN WITNESS WHEREOF, the parties hereto have subscribed their names the
day and year first above written.
MERIDIAN CITY: MERIDIAN YOUTH
BASEBALL/SOFTBALL, INC.:
BY: BY:
Tammy rd, Mayor ,t;►ttttult�ttulri resident
7 21
Attest:
BY A&--fz I ► , `, +
William G. Berg, Jr., Ci l
APPROVED AS TO FORM AND CONTENT:
Director, P ks&Recreatiodbepartment
�r
City Attolne
Risk Manager
Z:IWorklMlMcridian\Mertdian 15360M\Parks%Y0L11h 2k_ProJact%Dcve1opmem and License Agmi Meridian Baseball and Sonbail 02
05 04.doc
CITY OF MERIDIAN
PARKS &RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 10 OF 10
CITY OF MERIDIAN
DEVELOPMENT AND LICENSE AGREEMENT
MERIDIAN YOUTH BASEBALL/SOF MALL,INC.
THIS AGREEMENT made and entered into this I��� day of_M,,40„ _
by and between the City of Meridian,an Idaho Munictpa l Corporation,
hereinafter called"City,,,and the Meridian Youth Baaebamoftbal[, Inc., a 50l(c)(3)
Corporation,hereinafter called "MYB/S INC."
WHEREAS, `MYB/S INC." is a service organization dedicated to public service for
fund raising in support of the youth of Meridian and Western Ada County;and
WHEREAS, "MYB/S INC."and the"City"desire to cooperate to improve recreation
opportunities for youth and the residents of Meridian and Westem Ada County;and
WHEREAS,the"City" has avaitable a 23.5 acre parcel within Meridian Settler's Park;
and
WHEREAS, the"City"and"MYBtS INC"agree to designate the 23.5 acre parcel site
as a Special Use park to support youth.
W13EREAS, the"City" is willing,upon certain terms and conditions,to provide use of
the entire 23.5 acre site for a period of time defined within this AGREEMENT;and
NOW,THEREFORE,the parties hereto agree as follows:
1. USE:
For and in consideration of promiges contained herein,and other good and
valuable consideration, "City" hereby gives and grants to I'MYB/S INC.",
the right, privilege and license to use certain property(the"premises")
Meridian Youth Bawball/Softball complex mory particularly described in
Exhibit A, attached hereto and incorporated herein by reference and
attechmenc
2. TERM OF AGREEMENT:
This AGREEMENT shall be for a term of twenty-five(25)years, with an
option to renew by"M�/S INC."for any additional tan(10)year period
commencing on the day of )acl
Notice must be given to the other party in writing to the other party at least
Cr1 Y OF MERIDIAN
PADS&RECRE AnON DEPARThETT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE I OF 10
ninety(90)days prior to the commencement ofthe option period if the
renewal is not desirod by either party.
3. DEVELOPMENT AND USE OF PREI1HU:
"MYBIS M."will construct the park property for the use of"MYB/S
INC"youth within the above-described area,which shall be constructed
and maintained in accordance with the following provisions:
a. "MYB/S INC."will provide all funding necessary for the
construction of the facilities and premises as described by the
department and shown on the Park Master Plan.
b. Dcvelopment of the premises shall be in the following noted
phases,which shall be completed within three(3)year's of the date
hereof provided,and that two additional years may be granted if
necessary and so long as good faith efforts to raise funds and make
progress toward completion are demonstrated.
C. Phase One shall include:
1. All engineering and construction documents.
2. The construction of the playing fields.
3. All underground utility construction.
4. Parkirg lot drainage and snb-base to grade.
S. Pathway and sidewalk sub-base to grade.
6. Curb, gutter, sidewalks.
T. All baseball back stops and fencing.
8. Sprinkler irrigation installation.
9. Fine grading for seed preparation, grass seeding,
This Phase One is substantially complete and scheduled for final
completion in July 2OD5,
d. Phase Two shall include:
CITY OF MERIDIAN
PARKS&RECREATION DEPARTNEgT
DEVELOPMIINT AND LICENSE AGREEMEM
PAGE 2 OF 10
1. Parking lot and pathway paving.
2. Construction:of restroom buildings.
3. Completion of landscaping and tree planting.
4. Construction of concession buildings.
5. Construction of mairdenance building.
B. "NM/S INC." shall not use or permit the use of the promises for
any other purpose without the express written consent of the
"City".
f. The portion of Meridian Settler's Park to which this agreement
applies, is to remain open to public use when not scheduled for
organized use by"MYB/S INC."related activities.
g. "MYWS INC."will provide a yearly schedule of events to"City"
h. Park rules and regulations and applicable city ordinances will be
observed and complied with.
L "MYB/S INC."understands that the premises licensed for use is
first and foremost a"City" park and must obtain permission from
"City"prior to the start of any earth work,grading or construction
being performed.
j. "MYB/S INC."agrees to develop the park to"City"park
construction specifications and all construction will require a
building permit prior to the start of construction.
It. "MYB/S INC_" agrees to maintain records of donations and record
volunteer labor hours and provide the"City"copies of such
records every six(6)months during the construction period.
1. "NNBIS INC." agrees to perform the following site maintenance
during their scheduled use of the site: stripe all playing fields;
place a minimum of two trash receptacles at each play field,the
"City"will provide the necessary trash receptacles and nmeptacle
liners;remove the garbage from all trash receptacles and place in
designated trash container at the end of each day that games are
scheduled;provide a six yard trash container, and provide portable
toilets as necessary.
MY OF MERIDIAN
PARKS&RECREATION DEPARTMENT
DEVELOPMENT AND IWENSE AGREEMENT
PAGE 3 OF 10
M. "MYBIS INC."shall be permitted to excursively operate and
maintain a food concession on site during their scheduled use.
Maintenance and operation of concession operation shall include:
maintain the interior ofthe concession building,obtain all
appropriate permits and operate the concession to all City, County
and State standards for a good operation; schedule, staff and
manage concession operations;remove and properly dispose of
litter generated from the concession operation. Revenue generated
from the concession is to be placed towards the"MYB/S INC."
program and other youth functions.
n. '%M/S INC."shall have the right to build and maintain,
consistent with the terms of this agreement and the City's approved
site Master Plan,maintenaneelrestmom with office on second story
of the facility.
o. `MYBIS INC." shall have sole and exclusive use ofthe interior of
the buildings, and all personal property stored in such buildings is
the property of the"MYB/S INC.". The"City"maintains the right
to schedule and reserve site facilities such as shelters, and
restrooms during non-scheduled'%MIS INC,"youth program
use times_
p "MYBIS, INC."may only charge admission to facilities in the park
in the following circumstances: a regional or state tournament
hosted by`2VM/S,INC."which is affiliated with a national
sponsor such as Cal Ripken or Babe Ruth in which the sponsor
requires the host to charge admission fees; prior advance written
r � notice has been given to"City" at least 30 days in advance of the
date of the tournament;and the proceeds from the admission fees
shall be used to advance the goals and purposes of encouraging
X youth athletic competition and fitness. In the event that charging
admission fees results in litigation or controversy involving the
"City",the parties hereto agree to meet and renegotiate the
oircumstances in which admission fees may be charged. Except as
provided herein, no admission charges shall be permitted for
regular league play or any other regular activity of"MYBIS, INC."
4, CONDITIONS OF USE:
a. It is understood that during construction that the facility will be
secured in a manner that reduces the opportunity for injury to
anyone entering the property.
CITY OF MERIDIAN
PARKS&RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 4 OF 10
b It is understood and agreed by the parties that"City" has no
obligation to pay for construction of the park unless agreed to in
writing and attached to this License Agreement. "City"makes no
warranty or promise as to the condition,safety, usefulness or
habitability of the premises and"MYB/S INC." accepts the
premises"as is".
$. INDICAMFICATION AND INSURANCE:
"MYB/S INC."indemnifies"City" and holds"City" harmless from any
loss, liability, claim or action for damages or injury to"MYB/S INC.",or
personal property, or their employees,agents,guests or business invitee(s)
attending or participating in any"MYB/S INC."event,game or practice
and arising out of or resulting from the cori ton of the premises or any
lack of maintenance or repair thereon. It is further understood and agreed
"MYB/S INC." shall not be considered agents of"City"in any manner or
for any purpose whatsoever in their use;and occupancy of the premises,
and"MYB/S INC."hereby agrees to indemnify and hold"City" harmless
from any loss,liability, claim or action from damages or injuries to
persons or property in any way arising out of er resulting from the use and
occupancy of the LICENSED premises by"MYB/S INC",their agents,
employees, guests or business invitee(s)attending or participating in any
organized"MYB/S INC"event,game or practice. If any claim, suit or
action is filed against"City"for any loss or claim described in this
paragraph,"MYB/S INC_",at"City's"option shall defend"City"and
assume all costs,including attorney's fees, associated with the defense or
resolution thereof; or indemnify"City"for all such costs and fees incurred
by"City"in the defense or resolution thereof,however the"City"shall
not be relieved hereby from liability for its own negligence or that of its
employees.
In addition,"MYB/S INC." shall maintain,and specifically agrees to
maintain throughout the term of this AGRFNT, liability insurance in
which"City"shall be named insured in the minimum amount as specified
in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho
Code. The limits of insurance shall not be deemed a limitation of the
covenants to indemnify and save and hold harmless"City";and if"City"
becomes liable for an amount in excess of the insurance limits,herein
provided, "MYB/S INC."covenants and agrees to indemnify and save and
hold harmless"City" from aril for all such losses, claims, actions, or
judgments for damages or liability to persons or property occurring as a
result of attending or participating in any organized'%M/S INC." event,
game or practice. '%M/S INC."shall provide"City" with a certification
CITY OF MERIDIAN
PARKS&RECREATION DEPAR'IWNT
DEVELOPMENT AND LICENSE AGREEMENT'
PAGE 5 OF 10
of insurance or other proof of insurance evidencing"MYO/S INC."
compliance with the requirements of the paragraph and file such proof of
insurance with:
City of Meridian
33 East Idaho Avenue
Meridian,I Ww 83642
In the event the insurance minimums of the Idaho Tort Claims Act are
changed,"MYBIS INC."shall immediately submit Pmof of Compliance
with the changed limits.
The"MYB/S INC."will provide"City"a detailed Master Plan as
approved by the Board of Parks and Recreation Commissioners fbr which
construction will be designed and built.
6. CM RESPONSIBILTIUS:
a The"City"will apply for and pay associated fees for all"City"and
County permits and applications for constriction purposes for
improvements to the site. The"City shall pay all ACHD fees
associated with this development.
b. The"City"will approve all detailed specifications for construction
of all site improvements to the park.
C. The"City"will provide project inspections during construction to
assure that all improvements are constructed to the approved
specifications.
d. The"City"shall perform all site maintenance other than what
"MYB/S INC."has agreed to maintain as noted above in item 3. L.
of this AGENT. The City will accept maintenance after
each pbase of construction is complete and acceptable to the City
as outlined herein.
7. TERMINATION UPON BREACH OR DEFAULT:
This AGREENMNT may be terminated by either party upon a breach of
this agreement and failure to cure such breach after sixty(60)days written
notice. In such event,"1VY'YB/S INC." shall be required to remove all
personal properly and otherwise vacate the premises on or before the
expiration of the sixty(60)day period. In the event of a holdover by
'%M/S INC."beyond the sixty(60)day period, "City", in addition to
and without waiver of any other rights or remedies it may have, may
CITY OF MERIDIAN
DARKS&RECREATION DEPAR'INIEW
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 6 OF 10
immediately r"uter and take possession and expel"MYBIS INC"from
tf a premises,with or without process of law. In the event ofre-entry by
"City", "MYB/S INC."shall be liable for any damages suffered by"City",
its agents or employees, and any costs, including legal expenses and
attorneys fees, incurred by"City"in recovering the premises.
8. NON-WAIYETi:
"City's"waiver on one or more occasion of any breach or default of any
terns, covenant or condition of this AGREEMENT shall not be construed
as a waiver of any subsequent breach or default of the same or a different
term, covenant or condition, nor shall such waiver operate to prejudice,
waive or affect any right or remedy"City" may have under this
AGREEMENT with respect to such subsequent default or breach by
"MY13/S INC"shall be liable to"City"for all damages and costs,
including legal expenses and attorney's fees, suffered or incurred by
"City"in the enforcement of any of the terms, covenants or conditions of
the AGREEMENT.
9. SURRENDER OF PREMISES:
Upon the expiration or earlier termination or cannellation of this
AGREEMENT,`AM/S INC." agrees to quit and surrender the premises
to"City"without causing or suffering any waste thereon. "City" hereby
agrees that in consideration of'%M/S INC."performance of the terms
and conditions of this AGREEMIENT,"MYB/S INC." may peaceably and
quietly have and enjoy the said premises for the duration of this
AGREE&=.
10. ASSIGNMENT,SUBLEASE OR TRAIN'S + E R:
"MYB/S INC."shall not assign,sublet or transfer the LICENSED
premises,or any portion thereof or cause or suffer any alterations thezeto,
other than as specified in this AGREEMENT,without the express written
consent of"City".
11. NOTICES:
a. All notices to be given with respect to this AGREEMENT shall be
in writing addressed as follows:
TO'sMY.B/S INC.": President
Meridian Youth Baseball/Softball,Inc.
P.O.Box S5
CITY OF MERIDIAN
PARKS&RECREATION DEPAR'I'NENT
DEVELOP1v1M AND LICENSE AOREENIENT
PAGE 7 OF 10
Meridian,Idaho 83580
TO"CITY": City of Meridian
Parks&Recreation Director
11 West Sower Street
Meridian,Idaho 83642
With a copy to: City,of Meridian
City Clerk
33 East Idaho Avenue
Meridian, Idaho 83642
b. Notice shall be either delivered or sent by certified mail, postage
prepaid, return receipt requested to the party to be notified at the
address specified above, or such other address as either party may
deaignate in writing. Every notice shall be deemed to have been
given at the time it is deposited in the United States mail,or upon
delivery to the party above specified, or their agent or legal
representative.
12. ALTERATIONS:
"MYBlS INC." shall not mare, or permit to be made, alterations on or to
the premises without first obtaining"City's"written consent. Additions
to, or alterations o&the promises shall become at once a part of the real
property and belong to"City". "M M/S INC."shall keep the premises
free from any liens arising out of any work performed for, materials
furnished to,or obligations incurred by"MYE/S INC."
13. "MYBIS INC."INSPECTION OF PRE SES:
"NTYB/S INC."acknowledges that"MYBIS INC."has inspected the
premises and does hereby accept the premises as being in good and
satisfactory order,condition, and repair. "7YYS1S INC" agrees that upon
termination of this AGREEN,CEW for any reason, including the expiration
of its term, "MYBIS INC."shall surrender the premises to"City"in the
same good condition as received,reasonable wear and tear, damage by
fire, or act of God excepted.
14. INSPECTON:
"MYB/S INC." shall permit "City"and"City':?'contractors and
employees,at any time,to enter the premises for the purposes of
CITY OF MERIDIAN
PARKS&.RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 8 OF 10
15. APPROVAL BY CITY COUNCIL
This AGREEMENT shall not be effective for any purpose whatsoever
until it is approved by the resolution of the City Council and executed by
the Mayor. By the granting of this LICENSE,the City Council is not
obligating itself;the City of Meridian,its officers or agents,with regard to
any other discretionary action relating to development or operation of said
premises. Such discretionary actions include, but are not limited to,the
granting or rezoning, variances,use permits,environmental clearances,or
any other governmental agency approval that is required by law.
16. BINDING EFFECT:
This AGREEMENT and the terms and conditions hereof shall apply to
and are binding upon the heirs,legal representative,successors and assigns
of the parties.
17. PRIOR AGREEMENTS SUPERCEDED:
This AGREEMENT contains the entire agreement between the parties as
it pertains to the premises.
IN WITNESS RRii MOF,the parties hereto have subscribed their names the
day and year first above written.
MERIDIAN CITY: MERIDLAN YOUTH
BASEBALUSOFTBALL,INC.:
(B'r
BY:
Tammy Mayor President
`1,��illtltllllff!lJlfr�/1� .
OF
Attest:
♦~,`�`���9TfiD �/fir'
ti
BY BEAL
William G. Berg,Jr.,City
:.9d r ts'T
CITY OF MERIDIAN
PARKS&RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 9 OF 10
APPROVED AS TO FORM AND CONTENT:
Director,P ks&Recr+ealtdv ent
City xt6rficy
E
'sk Manager
7-AWo&WV,aidlfmWj;6dfea 1536DWxrk%Youth 2l*ProjmlDevefnpamn end License Agent MwWinn Baseball and Softball 02
05 04.doc
CITY OF MERIDIAN
PARKS&RECREATION DEPARTTvIEN'T
DEVELOPMENT AND LICENSE AGREEMBMf
PAGE 10 OF 10
EXHIBIT B
MYB/S PROPOSAL; AWNING SPECIFICATIONS
FIRST AMENDMENT TO 2006 MYB/S AGREEMENT PAGE 5
Proposal for the Installation of Retractable Awning at Meridian Youth Baseball
and Softball Concession Stands
To: City Council, City of Meridian
From: Meridian Youth Baseball and Softball
Date: November 2111, 2023
Subject: Request for Permission to Install Retractable Awnings at Concessions Stands.
Summary:
Meridian Youth Baseball and Softball proposes the installation of retractable awnings at both of our
concession stands. This addition aims to enhance the facilities, providing shade and weather protection
for our community. We intend to pay this project entirely from our budget, ensuring no financial
burden on the city.
Introduction:
Our organization is committed to improving the experience of all participants and spectators at our
events. The installation of retractable awnings is a step towards upgrading the facilities, providing
comfort and protection against weather elements.
Project Description:
Awning Specifications: Custom-designed, high-quality retractable awnings, suitable for specific
dimensions of our concession stands as quoted and measured by Sun Setters Awnings.
Electrical Work; Installation of necessary electrical power on the room of concession stands by a
licensed electrician, adhering to all safety and building codes—also paid for by MYBS.
Warranty and Protection; The awnings come with a 10-year manufacturing warranty.
Additionally, we propose to include the negligence warranty to cover any damages caused by
ball impacts.
Budget and Funding;
Costs: Detailed cost analysis attached.
Funding:This project will be fully funded by Meridian Youth Baseball and Softball, with no
financial impact on the City budgets.
Timeline
Order and Delivery: Once ordered, the awnings will be delivered in 6-8 weeks.
Installation: Installation will be scheduled immediately upon delivery, with no disruptions to the
facility's operations.
Benefits;
Enhance Facilities: Improve comfort and aesthetics at our concession stands.
Community Value: Adds to the overall appeal and functionality of the sports complex,
benefiting the larger Meridian community.
Safety and Comfort: Provides shade and protection from weather elements for our players,
staff, and spectators.
Compliance and Safety;
The installation and electrical work will comply with City regulations and standards. The project
will be executed with the utmost attention to safety and quality.
Conclusion and Request for Approval:
We respectfully request the City's approval to proceed with this project. Our commitment to
enhancing the Meridian Youth Baseball and Softball facilities is unwavering, and we believe this
improvement will be a valuable addition to our community.
Attachments: See photos and detailed cost analysis.
Sincerely,
Chelsey Rispalje
Concessions Director
Meridian Youth Baseball and Softball
5111 Alworth St. #B '� Gutter
Boise, ID 83714 Exclusive Dealer For
Phone(208) 375-8800 Hlem.."'M�t r� , 'Gutter cw
Fax (208) 375-8851 I"1elme a,
"""c""Y"wn...A"w
Licensed - Bonded - Insured of Idaho
ID State Contr. #RCE-5572
www.gutterhelmetofidaho coin NEVER CLEAN YOUR GUTTERS AGAIN" 6I
Job Date 208-375-8800 For Office Use Only
=Text ❑Call ❑Text ❑Call
Estimate Date Phone 1 Phone 2 Email
Z— Z 3 zo z-4�
ame Address Zip Code
Ale�•'d•ate �_ � ln
Billing Address Job Location Repr ntativ
Siding r l� f.-� Size: Projection:
7(Waling / ` �l
W MOTORIZED-AB a o
all Soffit /1 RE rRACTA8EE AWNfNGS
rick �. Roof �jJ r$ D�l Q/� �r!✓"'1 �! t/,S
Motor Mnt ! }� l i� Installer notes:
-Left ❑Right
x18'Cord o 24'Cord l C r` ZG4-4 46KJ'-1' n CT
Awning Model -6a--% Or5
Platinum o XL
Motorized ❑Pro
❑Manual ❑Oasis
Plus Casette
Wing
Awning Material Accessories
c
C Laminate # C Front Panel -i Led Lights C Cleaning Kit Shipping �1
Acrylic # _ ❑Right Panel ,Patio Lights 5yrAll Weather Warranty r
❑Left Panel -Wind Sensor 4411.30yr All Weather Warranty Installation
Color as 7 ❑ Metal Hood ,Soft Cover ❑Other:
❑Wave Straight EZ Shade- Subtotal
Case: Fabric: Tax J
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Every Professional 51nSetterAwning Installation Includes: Total Price Q k9Q•
SunSetter brackets and hardware associated with installation.
Workman's compensation and general liability insurance. Less Deposit
Cleanup and removal of all debris associated with installation.
Delivery and explanation of SunSetter Warranties and Customer Fact Sheet
Balance Due
*Please read SunSetter Warranty and Customer Fact Sheet Carefully.
Paid to installers at time of completion.
"C.Card(circle oriel: Accepting MC,VISA,Disc.Amer.Express
VC v15;, D,scover Amer.Express Accl.t Exp Cate-
Buyers Right to Cancel
This agreement may be cancelled by mailing a notice to the seller's place of busmen.Notice must slate that goods or services are not wanted Any deposit is nonrefundable and will be considered
liquidated damages unless this contract is cancelled in writing before midnight on the third working day after you sign this contract
Acceptance of Proposal
The above pace specifications and conditions are satisfactory and are hereby accepted.You are authorized to perform all work as specified.Payment will be made as outlined above.Read this
agreement carefully before signing.
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