MYB Use Agreement - Settlers Ball FieldsCITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
/hr ek dri &*,4r -1v DEVELOPMENT AND LICENSE AGREEMENT
THIS AGREEMENT made and entered into this -day of ,
_,24&,6 , by and between the City of Meridian, an Idaho Municipal Corporation,
hereinafter called "City", and the Meridian Youth Baseball/Softball, Inc., a 501(e)(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, "MYBIS 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 (tire `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 shall be for a term of twenty-five (25) years, with an
option to renew by "MYBIS INC." for an additional ten (10) year period
commencing on the f S day of
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 l OF 10
DEVELOPiMENT .AND USE OF PREMISE
";\,/IYB/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 funding necessary for the construction
of the buildings and a portion 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
hereof provided, and that two additional years may be granted if
necessary and so long as good faith efforts to raise fiends and make
progress toward completion are demonstrated.
C. Phase One shalt 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.
6. 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 of restroom/concession buildings.
2. Landscaping and trees.
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 2 OF 10
This Phase Two is to be substantially complete and scheduled for
final completion in September 2007.
Phase Three shall include:
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 cunstruclion docurnents.
2. All baseball backstops and fencing.
3. Construction Management.
4. Construction of restroom/concession buildings.
5. Construction of maintenance building.
G. Landscaping and trees.
7. All change orders.
"MYB/S INC." shall not use or permit the use Of tile premises for
any other purpose without the express written consent of the
"City'
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.
"MYB/S INC." will provide a yearly schedule of events to "City'.
Park rules and regulations and applicable city ordinances will be
observed and complied with.
k. "MYB/S INC." understands that the premises licensed for use is
first and foremost a "City" park and trust obtain permission from
"City" prior to the start of any earth work, grading or construction
being performed.
"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.
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 3 OF 10
Ill. "MYB/S INC'." agrees to maintain records of donations and record
volunteer labor Fours and provide the "City" copies of such
records every six (6) months during the construction period.
III "MYB/S INC." agrees to perforin the following site maintenance
during their scheduled use of the site: stripe all playing fields;
place a rninimum 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.
o. "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 pa
in.jac lollowing circumstances: a regional or state tournament
hosted by "M YB/S, IN_C." which is affiliated with a nationa
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 to litioation or controversy involving the
"City", the parties hereto agree to nneet 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, CNG."
4. CONDITIONS OF USE
It is understood that dunno construction that the facility will be
secured in a manner that reduces the opportunity for 111jury to
anyone entering the property.
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".
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 "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.
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 5 OF l 0
lit addition. "M'YBlS 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 arnot,nt 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 and 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 "MYBIS INC." event,
game or practice. "MYB/S INC." shall provide "City' with a certification
of insurance or other proof of insurance evidencing "MYBIS 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 insurance minitnums of the Idaho Tort Claims Act are
changed, "MYBIS INC." shall immediately submit Proof of Compl ianee
with the changed limits.
The "MYBIS INC." 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. C1TY RESPONSIBILITIES
a. Phase One:
1. 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- wiII apply for and pay associated fees for all "City" and
County permits and applications for construction purposes for
improvements to the site. The "City shall pay all ACHD fees
associated with this development.
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 Darty 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 INC." 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.
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
the AGREEMENT.
9. SURRENDER OF PREMISES
Upon the expiration or earlier termination or cancellation of this
AGREEMENT, "MYB/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 "MYB/S INC." perfonnance of the terins
and conditions of this /AGREEMENT, "MYB/S INC." may pcaccably 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".
[I. NOTICES
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.O. Box 55
Meridian, Idaho 83680
TO "CITY": City of Meridian
Director, Parks and Recreation Dept.
11 West Bower Street
Meridian, Idaho 53642
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
PAGES OF 10
delivery to the Darty abo%-e specified, or their agent or lei- I
representalive.
12. AL'T'ERATIONS
"MYB/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 shat I 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 "MYBIS INC."
13. "MYBIS INC." INSPECTION OF PREMISES
"MYB/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. "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
"MYB/S 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 the terns and conditions hereofsliail apply to
and are binding Up011 the heirs, legal representative, successors and assigns
0f [lie 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:
BY., T
Tammy _rd, Mayor
���� ry we vJ r✓ � sw`c�
MERIDIAN YOUTH
BASEBALL/SOFTBALL, INC.:
M
t—„�nlr,�1,,,�� ayeside�nt
Attest:
�d
r
115
William G. Berg, Jr., Ci 1=�'
APPROVED AS TO FORM AND CONTENT:
Director, ks & Recreatiodbepartment
City Attome
Risk Manager
Z:1W0rk1M\Mcridian%Mendian 153601viTarkslYouili 2KProjecADevelopmem and License Agmi Meridian Baseball and Sonall 02
05 U4.doc
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 10 OF 10
CITY OF MERIDIAN
DEVELOPMENT AND LICENSE AGREEMENT
MERIDIAN YOUTH BASEBAIABOFTBALL, INC.
THIS ,AGREEMENT made and entered into this _ J �� day of 4,,d�_
,A 51 by and between the City of Meridian, an Idaho Municipal CorporatiiM
hereinafter caped "City", and the Meridian Youth Bweba[VSoRbaiL Inc., a 50l(e)(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, "AM/S INC." and the "City" desire to cooperate to improve recreation
opportunities for youth and the re4deats ofMeridian and Western Ada County; and
'WHEREAS, the "City" has available a 23.5 acre parcel within Meridian Settler's Pari;
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.
AREAS, the "City" is willing, upon certain terns 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:
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.
2. TERM OF AGREEMENT:
This AGREBOW shall be for a tem of twenty --five (25) years, with an
optiou to renew by "MYOIS INC." for an additional ten (10) year period
c ommenck g on the day ofd �h
Notice must be given to the other party in writing to the other party at least
Cr1 Y OF MEM AN
PARKS & RECREATIO14 DEPARTMa W
DEVELDPNMW AND UCENSE AGREEMENT
PAGE I OF 10
ninety (90) days prior to the commencement of tho option period if the
renewal is not desirod by either Ply.
DEVELOPMENT AND USE OF PRENUS
"MYW XNC." will construct the park property for the use of "MYB/S
INC" youth within the above-described area, which shall he 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. Development of the premises shall be in the following noted
phases, which shall be completed within three (3) years of the date
hereof provided, and that two additional years may be granted if
necessary and so long as good faith efforts to raise fund and make
progreas toward completion are demonstrated.
G' Phase One shall include:
1.
All engineering and construction documents.
2.
The construction of the playing fields.
3.
All underground utility construction.
4.
Parking lot drainage and sub -base to grade.
S.
Pathway and sidewalk sub base to grade.
6.
Curb, gutter, sidewalks,
7.
All baseball back stops and fencing.
8.
Sprinkler irrigation installation.
4.
Fine grading for seed preparation, grass seeding.
This
Phase One is substantially complete and scheduled for final
completion in July 2OD5.
d. Phage Two shall include:
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DE{E,OPNMW AND LICENSE AGREEN EI -4T
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.
S. Construction of maintenance building.
e. "MYSlS INC." shall not use or permit the use of the premises 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 " IM/S MC." related activities.
g. "MYBIS 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.
i. "MYBIS INC."" understands ihd 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.
"MYB/S INC-" agrees to develop the park to "City" park
oonstruction speoifications and all construction will require a
building permit prior to the start of construction.
k. "MYBIS 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. "1VMIS INC." agrees to Worm the fallowing 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 reoeptacles and receptacle
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.
CITY OF MERMIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT'
PAGE 3 OF 10
M, "MYB/S INC." shall be permitted to elusively 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 pernats 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 $om the concession operation. Revenue generated
from the concession is to be placed towards the "MYO/S INC."
program and other youth functions.
n. -%M6 INC." shall have the right to build and maintain,
consistent with the terms of this agreement and the City°s approved
site Master Plan, maintenancO restroom with office on second story
of the facility.
o. `MYB/S 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 "IVIYB/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.
p4c YBIS, INC." may only charge admission to facilities in the park
in the following circumstances: a tonal Or state tournament
hosted by "AM/S, INC." which is affiliated with a national
(a 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 goats 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
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 "MYB1S, INC"
4. CONDMONS OF USE:
a. It is understood that during construclion that the facility will be
secured in a manner that reduces the opportunity for injury to
anyone entering the property.
CTIY OF MBRIDIAN
PARKS ,fit RECREATION DEPARTMENT
DEVELOPA&W AND LICENSE AGREEMENT
PACE 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 promises and "MYBIS INC." accepts the
premises "as is".
5. MDEIV 3MCATION AND INSURANCE:
"MYB/S INC." indemnifies "City" and holds "City" harmless from any
loss, liability, claim or action for damages or injury to "MYBIS INC.", or
personal property, or their employees, agents, guests or business invitee(s)
attending or participating in any "AM/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'UM/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 Hied against "City" for any loss or claim described in this
paragraph, "AMIS 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 "Cit}' 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 AGREEMENT, liability insurance in
which "City" shall be named insured in the minimum amount as specified
in the Idaho Tod Claims Act set forth in Title 6, Chapter 9 of the Idaho
Code. The limits ofinsurance 91WI not be deemed a limitation of the
coveou nts to indemnify and sage and Maid 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 and 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 & RSCREATION DEPART NT
DEVELOPMENT AND LICENSE AGREEMENT'
PAGE 5 OF 10
of insurance or other proof of insurance evidencing WVDIS INC."
compliance with the requirements of the paragraph and file such proof of
insurance with:
City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
In the event the insurance minimums of the Idaho Tort Claims Act are
changed, "MYBIS INC." shall immediately submit Proof of Compliance
with the changed limits.
The "MYBIS INC." 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. CUV RESPONSIBEL171US:
The "City" will apply for and pay associated fees for all "City" and
County pm mics and applications for construction purposes for
improvements to the site. The "City shall pay all ACRD fees
associated with this development.
b. The "City" will approve all detailed specifications for construction
of all site improvements to the park.
G. 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 msintemwee other than what
"MYBIS INC." has agreed to maintain as noted above in item 3. L.
of this A . The City wi11 accept maintenance after
each phase of construction is complete and acceptable to the City
as outlined herein.
7. TERMINATION UPON BREACH OR DEFAULT.-
This
EFAULT:
This AGREEMEDU 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, '%M/S INC." shall be required to remove all
personal property and otherwise vacate the premises on or before the
expiration of tate sixty (60) day period. In the event of a holdover by
'%IMS INC." beyond the sixty (60) day peciod, "City", in addition to
artd without waiver of any other rights or remedies it may have, may
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREENHM
PAGE 6 OF 10
immediately re-enter and take posscssiou and expel "MYBlS 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-WAIvM-
"City's" waiver on one or more occasion of any breach or defauh of any
term, covenant or condition of this ACrREEMFNT 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
"MMIS 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 AGREE.
9. SURRENDER OF PREMISES:
Upon the expiration or earlier termination or cancellation of this
AGREEMENT, `MYB/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 "MYB/S INC." performance of the terms
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. ASSIGNMENTS 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 AGREF,MENT, 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 I�MYB/S INC.": President
Meridian Youth BasebaWSoftball, Inc.
P.O Bax SS
CITY OF MRIDIAN
PARKS & RECREATION DEPARTMENT
DEMOPMEN'T AND LICENSE AOREEMM
PAGE 7 OF 10
Meridian, Idaho W80
TO "CrrY": 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 email, 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
delivery to the party above specified, or their agent or legal
representative.
12. ALTERATIONS:
"MYB/S 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 off the promises shall become at once a part of the real
property and belong to "City". "bM/S INC." shall keep the premises
free from any liens arising ant of any work performed for, materials
furnished to, or obligations incurred by ` NMIS iNC."
13. "MYB/S INC." INSPECTION OF PREIVQSES:
"MNB/S 1NC ,, acknowledges that "MYBIs ]NG." has inspected the
premises and does hereby accept the premises as being in good and
satisfad y order, condition, and repair. "7VYS1S 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
CITY OF MSRIINAN
PARKS & RECREAT10N 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 itsel& the City of Meridian, its officers or agents, with regard to
any other 6wretionary 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. 1 MING EFFECT:
This AGEMENT and the Una 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 W rNKSS VdEMEOF, the parties hereto have subscribed their names the
day and year first above written.
MERIDIAN CITY:
B
Tammyr/Mayor
Attest
William G. Berg, Jr.,
11112rvvett 4� c,� ra
MERIDIAN YOUTH
$ASEBALUSOFTBALL., INC,.
BY.-
President
Y:President
J%1uu1irrr11jfr
of; MD1i1,���`
�4 rfia A_ �jr�r�
r
REAL -
�P
CITY OF MERIDIAN
PARKS & RWREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 9 OF 10
APPROVED AS TO FORM AND CONTENT:
A452�� r
'sk Maier
7-Vui4,iVdWdiimWaicEm 15MMWWvb%yowh 2KProjwaM%qopmn eed License Agott Mertdien i3asaball end SoRbeli 02
05 O4.doc
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 10 OF 10