Meridian Youth Baseball Priority Use of Fuller Park Facilities 2020 Season AGREEMIENT FOR PRIORITY USE OF FULLER PARK SPURTS FACILITIES
2020 SEASON
This AGREEMENT FOR PRIORITY USE OF SPORTS FACILITIES—2020 SEASON
is made this 3rd day of March ,2020 by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian
Youth Baseball, a nonprofit corporation organized under the laws of the State of Idaho ("MYB")
WHEREAS,City and MYB have historically worked together to enhance the Meridian
community's quality of life by providing and supporting recreational opportunities for members
of the Meridian community;
WHEREAS, MYB desires to use,for its baseball programming, the baseball fields at
Fuller Park, 3761 W Park Creek Drive, Meridian, Idaho, including all associated facilities,
amenities, infrastructure, infields, outfields, fences, and/or vegetation ("Fields");
NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, and in consideration of the recitals above, which are incorporated
herein, City and MYB agree as follows.
I.PRIORITY USE OF FIELDS.
Throughout the term of this Agreement, MYB shall be entitled to priority use of the Fields for
baseball practice sessions, games, tournaments,classes, camps, and related preparatory activities,
which priority use shall preclude non-MYB uses of the Fields, at the following times:
March 9 to May 28,2020: Monday through Friday from 5:30 p.m. to 8:00 p.m. and Saturdays
from 8:30 a.m. to 6:00 p.m.
May 29, 2020: 12:00 p.m. to 8:00 p.m,
May 30 to May 31, 2020: 7:30 a.m. to 8:00 p.m.
June 1 to June 10,2020: Monday through Friday from 6:00 p.m.to 8:00 pm.
June 11 to June 13,202 : 7:30 a.m. to 8:00 p.m.
June 15 to July 8, 2020: Monday through Friday from 6:00 p.m. to 8:00 p.m.
August 17 to October 17,2020: Wednesday through Friday from 5:00 p.m. to 8:00 p.m. and
Saturdays from 7:30 a.m. to 6:00 p.m.
MYB shall not be entitled to use the Fields for any purpose on any date or time other than those
listed above,except where MYB makes a separate facility reservation through the Meridian
Parks and Recreation Department.
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II.RIGHTS AND OBLIGATIONS OF PARTIES.
A. General rights and obligations of Al" regarding Fields.
1. Consideration. In consideration for the priority use granted by this Agreement, MYB
shall pay to City the amount of thirteen thousand, nine hundred dollars ($13,900.00)
annually. MYB shall make such payments by remitting to City two (2) installments of
six thousand, nine hundred and fifty dollars($6,950.00) each. MYB shall pay City the
first installment on May 1, 2020, and shall pay the second installment on August 1, 2020,
throughout the term of this Agreement.
2. Communication of MYB Fields use. Communication between MYB and City regarding
Fields use and scheduling shall occur by e-mail between MYB Contact and City Contact.
Each party shall have the right to rely upon such communication in scheduling its uses of
Fields.
3. Tournament staffing not included. MYB's payment to City pursuant to this Agreement
shall include staffing for routine maintenance as set forth herein. MYB shall be
responsible for payment of all fees due and owing for additional City staffing and
services necessitated by tournament play.
4. Reserve other use. MYB's use of the Fields on days or times other than as specifically
set forth in section I.A., above, shall be scheduled in accordance with City policy
regarding field reservations and scheduling,including all applicable reservation and use
fees. Reservation of the Fields on days or times other than as specifically set forth in
section I.A., above, shall be scheduled on a first-come, first-served basis, and at such
days and times, MYB shall be on an equal footing with the general public regarding its
use of Fields, which shall include, but shall not be limited to, reservation requirements,
priority of reservation of Fields, and payment of reservation and other applicable fees.
5. General field preparation. Except as expressly provided in this Agreement,MYB shall
be solely responsible at all times for any and all necessary field preparation necessary for
its baseball programming, including,but not limited to, raking and chalking.
6. Reasonable use. MYB shall employ best efforts to ensure that its use of Fields and
Fields facilities, amenities, infrastructure, and/or vegetation is appropriate and
reasonable. Where MYB's use of Fields and Fields facilities, infrastructure, and/or
vegetation causes disproportionately excessive damage to same, MYB shall reimburse
City for the cost or proportionate cost of necessary repairs and/or replacement. MYB
shall exercise best efforts to see that any and all use of Fields, where such use is
scheduled or authorized by MYB, is in compliance with all laws and with City's policies
regarding use of City parks and/or facilities, including, but not limited to, such reasonable
policies as may be adopted or enacted by the Director of the Meridian Parks and
Recreation Department.
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7. CoIlection of fees. MYB shall have right to assess and collect reasonable fees for
participation from members of the MYB program. MYB shall not collect any admission
fee for access to Fields facilities. Except as otherwise agreed in writing, City shall not be
entitled to any fee assessed and/or collected by MYB.
8. Equipment. Except as specifically set forth in this Agreement,MYB shall be solely
responsible for providing, maintaining, preparing, repairing, and/or replacing any and all
necessary equipment for any and all MYB activities at Fields. Any and all known and
unknown risks and costs related to or arising from the use or storage of MYB's
equipment, including, but not limited to, loss or theft of, damage to, and damage or injury
caused by such equipment, shall be borne solely by MYB.
9. Banners. MYB shall be responsible for removing from Fields any banners or notices
posted by MYB.
10. No right to exclude conveyed. Any exclusive use granted to MYB by this Agreement
shall include neither the right to exclude any law-abiding person from Fields where such
person is not interfering with MYB's use thereof, nor the right to interfere with any
person's concurrent, lawful use of Fuller Park, where such concurrent use does not
conflict or interfere with MYB's use. MYB shall exercise any exclusive use granted by
this Agreement only in accordance with the terms of this Agreement and in accordance
with any and all applicable laws and City policies.
B. General rights and obligations of City regarding Fields.
1. Notification of Fields closure. City shall provide thirty (30) days' notice to MYB when
a field or fields at Fuller Park will be closed for routine or scheduled maintenance or
repair of Fields facilities, infrastructure, vegetation, or other component, except that City
may undertake, with fewer days' notice or no notice, emergency maintenance or repairs
necessary to protect the health, safety, and/or welfare of the public, or where such
alterations, construction, or improvements will not unreasonably affect MYB's use of
Park or Park amenities or facilities as set forth in this Agreement.
2. Maintenance and utilities. City shall provide all necessary utilities and services to
MYB and Fields, including, but not limited to, electricity, restrooms, water, sewer, and/or
waste removal. City shall maintain the turf, including re-seeding, sod laying, weed
and/or pest control, fertilizing, mowing, and irrigating. City shall be responsible for
general fence, field, and facility maintenance.
3. Bases. City shall provide bases for use on the Fields.
4. Stop use; field location. Any duly authorized agent or employee of City may stop
priority or scheduled use of Fields and/or City facilities, including play in progress, at any
time where such action is warranted due to field or other conditions, or coach, player, or
spectator conduct. Any duly authorized agent or employee of City may require that
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MYB utilize or not utilize a particular field or fields due to weather conditions and/or turf
quality.
5. PubIic park. The parties hereto expressly acknowledge that Fields are public spaces, the
management and scheduling of which shall at all times be within the sole purview of
City. City shall have the right to use or allow the use of Fields for any and all purposes
and under any and all conditions, so long as such use does not conflict or interfere with
MYB's priority or scheduled use of the Fields.
6. Scheduling; collection of fees. City shall be solely responsible for scheduling all use of
Fields and Fields facilities and amenities. In accordance with its policies, City shall have
right to assess and collect reasonable user fees from persons who use Fields; however, the
amount of such user fees shall not exceed costs and expenses actually incurred. MYB
shall not be entitled to any Fields user fee assessed and/or collected by City.
III.GENERAL PROVISIONS.
A. Day-to-day communications. Communication between MYB and City regarding day-to-
day matters (e.g., issues related to use, scheduling, and maintenance of Fields) shall occur via
e-mail, facsimile, or telephone. City shall provide MYB the name, e-mail address, and
telephone number of specific City personnel ("City Contact") who shall serve as the liaison
between City and MYB for all matters regarding the day-to-day scheduling, use, and
maintenance of Fields and Fields. MYB shall provide City the name, a-mail address, and
telephone number of specific MYB personnel ("MYB Contact") who shall serve as the
liaison between MYB and City for all matters regarding the day-to-day scheduling, use, and
maintenance of Fields and Fields.
B. All other notice. All other notices required to be given by either of the parties hereto shall
be in writing and be deemed communicated when sent via electronic mail ("e-mail"),
personally served, or mailed via United States mail, to the following personnel and address:
Steve Siddoway Jake Hines
Parks and Recreation Dept. Director President
City of Meridian Meridian Youth Baseball
33 E. Idaho Avenue 13601 W. McMillan Road
Meridian, Idaho 83642 Boise ID 83713
ssiddoway@meridiancity.org jakehines 14@gmail.com
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein
provided.
C. Quarterly review.The MYB Contact and the City Contact shall meet quarterly to review
Fields use and scheduling, address any problems which may have arisen, and discuss
improvements regarding the parties'joint use of Fields.
D. Conflict Resolution. If either party believes that the other party is not fulfilling its
obligations as established by this Agreement, the complaining party shall give written notice
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of its complaint to the other party. The party receiving the complaint shall, within fifteen
(15) calendar days, correct the situation and confirm the correction in writing, or reject the
complaint, explaining the mitigating circumstances and why a remedy cannot be achieved.
E. Assignment. MYB shall not assign or sublet all or any portion of MYB's interest in this
Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the
prior written consent of City. City shall not assign or sublet all or any portion of City's
interest in this Agreement or any privilege or right hereunder, either voluntarily or
involuntarily, without the prior written consent of MYB. This Agreement and each and all of
the terms and conditions hereof shall apply to and are binding upon the respective
organizations, legal representative, successors, and assigns of the parties.
F. No agency. Neither MYB nor its employees, agents, contractors, officials, officers, servants,
guests, and/or invitees shall be considered agents of City in any manner or for any purpose
whatsoever in their use and occupancy of Fields.
G. Indemnification. MYB and each and all of its employees, agents, contractors, officials,
officers, servants, guests, and/or invitees, and all participants in MYB programming, shall
indemnify and save and hold harmless City from and for any and all losses, claims, actions,
judgments for damages, or injury to persons or property and losses and expenses caused or
incurred by MYB or any MYB employee, agent, contractor, official, officer, servant, guest,
and/or invitee, or any participant in or observer of MYB programming, at or in its use of
Fields or any lack of maintenance or repair thereon and not caused by or arising out of the
tortious conduct of City. MYB shall maintain, and specifically agrees that it will maintain,
throughout the term of this Agreement, liability insurance in the minimum amount as
specified in the Idaho Tort Claims Act set forth in Title b, 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 due to the actions or omissions of MYB or any MYB employee, agent,
contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of
MYB programming, MYB 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. City makes no warranty or promise as to the condition, safety,
usefulness, or habitability of the premises; MYB accepts Fields for use as is, both at the
Effective Date of this Agreement and for each practice session, game, and/or tournament, and
any portion thereof.
H. Compliance with Laws. In performing the scope of services required hereunder, City and
MYB shall comply with all applicable laws, ordinances, and codes of Federal, State, and
local governments.
I. Attorney Fees. Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
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J. Term of Agreement. This Agreement shall become effective as of the Effective Date upon
execution by both parties, and shall expire December 31, 2020. If the parties to this
Agreement fail to mutually extend this Agreement, and neither has terminated the
Agreement, the term of this Agreement, or such other terms as the parties have agreed upon
in writing, shall be renewed automatically for one-year periods thereafter unless terminated
by either party in the manner provided in this Agreement.
K. Grounds for termination. Grounds for termination of this Agreement shall include, but
shall not be limited to:
1, An act or omission by either party which breaches any term of this Agreement.
2. An act of nature or other unforeseeable event which precludes or makes impossible the
performance of the terms of this Agreement by either party.
3. A change in circumstances that renders the performance by either party a detriment to the
public health, safety, or welfare.
4. A decision by either party that termination will serve its best interests.
L. Termination process. Either party may terminate this Agreement by providing thirty(30)
days' advance written notice of intention to terminate. Such written notice shall include a
description of the breach or circumstances providing grounds for termination. A seven (7)
day cure period shall commence upon mailing of the notice of intention to terminate. If,
upon the expiration of such cure period, cure of the breach or circumstances providing
grounds for termination has not occurred, this Agreement may be terminated upon provision
of written notice of termination.
M. Construction and severability. If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the vatidity or enforceability of any other part of
this Agreement so long as the remainder of the Agreement is reasonably capable of
completion.
N. Entire agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings,oral or written, whether previous
to the execution hereof or contemporaneous herewith.
4. Non-waiver. Failure of either party to promptly enforce the strict performance of any term
of this Agreement shall not constitute a waiver or relinquishment of any party's right to
thereafter enforce such term, and any right or remedy hereunder may be asserted at any time
after the governing body of either party becomes entitled to the benefit thereof,
notwithstanding delay in enforcement.
P. Applicable law. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho.
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Q. Approval required. This Agreement shall not become effective or binding until approved
by the respective governing bodies of both City and MYB. The parties signatory hereto
represent and warrant that each is duly authorized to bind, respectively, City and MYB to this
Agreement in all respects.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by
their duly authorized officers to be effective as of the day and year first above written.
&IE IDIAN YOUTH BASEBALL:
/JaZe Hines
resident
CITY OF MERIDIAN:
BY:
Robert E. Simison
Mayor
Attest:
Chris Johnson
City Clerk
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