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2005 – Athletic Roundtable Baseball FieldsDecember 16,2005 MERIDIAN CIry COUNCIL MEETING December 20,2005 APPLICANT REQUEST ITEM NO.5-H Agreement with MARI for Boseboll Field AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CIry POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CIry WATER DEPT: CITY SEWER DEPT: CIry PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNry HIGHWAY DISIRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See olloched Dofe Phone: Sloff lnitiols; ,//,'rf' OTHER: Conlocied: Emoiled: Mqleriqb pr.renl.d ol public meollng! thqll become properly ot lhe Clty of Meridiqn. MO BROOKS BASEBALL FIELD / COMPLEX AGREEMENT reby entered into tnis me 2O+/ 6sy o1THIS AGREEAIENf iS he)r Ceb.4.1,''-, ??4'by and between the City of lrtleridian, a municipality of the State of ldaho (hereinafter referred to as the "City") and the Irtleridian Athletic Roundtable, lnc., a not-profit corporation organized and existing under the laws of the State of ldaho (hereinafter referred to as the "MARI"), acting on behalf of itself and all present and future Meridian American Legion Baseball player participating in the American Legion Baseball program. WIT N SETH WHEREAS, the parties hereto are interested in promoting youth baseball, including American Legion baseball, within the City of Meridian, ldaho; and WHEREAS, the City of Meridian seeks to provide the besf possrb/e facilities within its public parks and encourages public participation in the improvement of those facilities; and WHEREAS, the Meridian Athletic Roundtable, lnc. is interested in obtaining a facility within which citizens can participate in the American Legion baseball program and is further interested in constructing and providing for improvements to that facility; and WHEREAS, the Meridian Athletic Roundtable, lnc. has provided extensive seryrces and materials in the creation and development of the baseball field at Storey Park, including the construction of a combination concession stand - announcers booth - restroom facility, field lights, a combination dug outs - storage units and backstop wall with nefting; NOW, THEREFORE, IN EXCHANGE FOR THE MUTUAL CONYENANIS HEREOF, THE PARTIES AGREE AS FOLLOWS: MARI is granted the right to use the Mo Brook Baseball Field to conduct American Legion Baseball games and practices in accordance with a schedule during each calendar year. lt Scheduling of all events at the Mo Brooks Baseball Field will be undertaken by the MARI. ln scheduling, the Meridian American Legion baseball program shall receive priority over other organizations and individuals in the use of the field for games and practices. lt is understood that MARI will provide Page 1 of 3 appropriate scheduling for the Varsity High School Baseball for lrrleridian High School when needed. /f rs a/so understood that lrtlARl must give consideration to all users of the park and this agreement in no way gives exclusive use of the baseball field to the Meridian American Legion Baseball program. ill MARI is granted the right to charge admission to each game and retain the proceeds trom said admission charge for use in the furtherance of Meridian American Legion Baseball program. MARI is further granted the right to aftach temporary advertisement boards / banners to the baseball field fence and may charge a fee for said advertisements. To help with other operation costs, MARI may charge operational fees for special uses aI the facility. All fees shall be retained by lt/lARl to defer the cost of capital improvements and fulfilling its maintenance responsibilities as specified in section lV below. IV MARI agrees to be responsible for cleaning and general maintenance of Mo Brooks Baseball Field and the immediate surrounding area (inside the perimeter fence) of all refuse after each use by MARI in the operation of its baseball program as well as other approved and scheduled activities. ln further consideration of the mutual desire of the parties to this agreement to maintain the Mo Brooks Baseball Field at the highest possible level of quality, MARI agrees to maintain the infield grass and keeping the pitchers mound, home plate area and base pafhs well groomed and free of weeds. MARI also agrees to require any and all other persons or organization using the grounds at Mo Brooks Baseball Field to assume the responsibility of cleaning all refuse from said field and surrounding area after each use. The City agrees to perform all other maintenance to the field and the surrounding area. The City agrees to provide water, power, sewer and all other utilities to Mo Brooks Baseball Field Facility, excluding the field lights. ln consideration of the fact that MARI has caused the completion of the combination concession stand, announcer's booth and restroom facility, combination dug outs and storage units, backstop wall with netting and batting cage as well as the storage car at Mo Brooks Baseball Field at virtually no cost to the City and has assumed major responsibility for the maintenance of said buildings, MARI shall be granted exclusive right to operate sard concession stand at any and all activities at Storey Park and Mo Brooks Baseball Field for the purpose of selling food and beverages to the general public. MARI shall retain the proceeds from said operation for the furtherance of the Meridian American Legion Baseball program. MARI agrees to operate said concession stand and make the restrooms and announcer's booth available to all other youth baseball Page 2 of 3 programs conducting scheduled games at llo Brooks Baseball Field. MARI agrees to obtain all required permits and licenses and adhere to all ordinances and laws of the City of lvleridian and the State of ldaho. Maintenance of said buildings assumed by MARI shall include interior and exterior painting, winterizing, cleaning restrooms and all repairs necessitated by general wear and tear. The City shall assume responsibility for all damages covered by its general insurance policies. All rights granted to and responsibilities assumed by MARI under this section shall terminate with the rest of this agreement. VI ln accordance to fulfilling the obligations for the use and the improvements at Mo Brooks Baseball Field Facility, the MARI will provide an annual report each year describing the use, users, improvements and projected improvements at the facility. This report will be presented to the City at the end of each calendar year. vll December 2025, or may be terminated upon mutual agreement of both parties. Upon that date being reached, the parties hereto shall be required to renegotiate the terms of an agreement between them in light of the then existing public demand for the use of the Mo Brooks Baseball Field Facility. lf for any reason that the MARI is disso/ye or becomes non existing or does not fulfill its obligations, this agreement shall be transferred and assumed by the Meridian Athletic Association lncorporated. lf the agreement is terminated, the City will reimburse or reconstruct the total value of all assets developed and maintained by MARI at the Mo Brooks Basebail Field Facility to the MARI. DATED 171, Zo'! 6uy oy bzcr,"-fuu Zaag City of Meridian idcnt -OlX (o**a-O sident Approved by fl\,-20-05 Approved by Board /-z-/6 Attested: r Ihe term of th )eccn 6-r is agreement shall commence on tne 3 / I aay or 2 / Ot and shatl continue until the 31st day of 'l:ifu I te,I r ty Clerk ,?,ffl,; Page 3 of 3 Secretary Meridian Athletic Roundtable, lnc. or Will Berg From: Sent: To: Subject: Attachments: Ted Baird Friday, December 16,2005 1'l:12 AM Will Berg Recreational immunity statute Recreational immunity statute.rtf {j Recreational immunity statute.... 1 Idaho Code Copyright 1948-2005 by Matthew Bender & Company, Inc. one ofthe LEXIS Publishing companies All rights reserved. *** STATUTES CURRENT THROUGH THE 2OO5 SESSION *** ***ANNOTATIONS CURRENT THROUGH OCTOBER 18,2005 *** GENERAL LAWS TITLE 36. FISH AND GAME CHAPTER 16. RECREATIONAI TRESPASS .- LANDHOLDER LIABILITY LIMITED GO TO CODE ARCHIVE DIRXCTORY FOR THIS JURISDICTION Idaho Code $ 36-1604 (2005) $ 36-1604. Limitation of liability of landowner (a) Statement ofPurpose. The purpose ofthis section is to encourage owners ofland to make land and water areas available to the public without charge for recreational purposes by limiting their liability toward persons entering thereon for such purposes. (b) Definitions. As used in this section: l. "Land" means private or public land, roads, trails, water, watercourses, irrigation dams, water contol struc- tures, headgates, private or public ways and buildings, structures, and machinery or equipment when attached to or used on the realty. 2. "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises. 3. "Recreational purposes" includes, but is not limited to, any of the following or any combination thereof: hunt- ing, fishing, swimming, boating, rafting, tubing, camping, picnicking, hiking, pleasure driving, bicycling, running, play- ing on playground equipment, skateboarding, atbletic comp€tition, nature study, water skiing, animal riding, motorcy- cling, snowmobiling, recreational vehicles, winter sports, and viewing or enjolng historical, archeological, scenic, geo- logical or scientihc sites, when done without charge ofthe owner. (c) Owner Exempt from Waming. An owner ofland owes no duty ofcare to keep the premises safe for entry by others for recreational purposes, or to give any waming ofa dangerous condition, use, structure, or activity on such premises to persons entering for such purposes. Neither the installation ofa sign or other form of waming ofa danger- ous condition, use, structure, or activity, nor any modihcation made for the purpose of improving the safety of others, nor the failure to maintain or keep in place any sign, other form ofwarning, or modification made to improve safety, shall create liability on the part ofan owner of land where there is no other basis for such liabitity. (d) Or.rner Assumes No Liability. Ar owner ofland or equipment who either directly or indtectly invites or per- rnits llany p.rroo to ui" such property for recreitional purposes does not thereby: l. Extend any assurance that the premises are safe for any purpose. 2. Conf€r upon such person the legal status ofan invit€e or licensee to whom a duty ofcare is owed. 3. Assume responsibility for or incur liability for any injury to p€rson or property caused by an act of omission of such persons. (e) Provisions Apply to Leased Public Land. Unless otherwise agreed in writing, the provisions ofthis section shall be deemed applicable to the duties and liability ofan oumer ofland leased to the state or any subdivision thereof for recreational purposes. (f) Provisions Apply to Land Subject to a Conservation Easement. Unless otherwise agreed in writing, the provi- sions ofthis section shall be deemed applicable to the duties and liability ofan owner ofland subject to a conservation easement to any govemmental etrtity or nonprofit organization. (g) Owner Not Required to Keep Land Safe. Nothing in this section shall be construed to: 1. Create a duty ofcare or ground of liability for injury to persons or property. 2. Relieve any person using the land ofanother for recreational purposes from any obligation which he may have in the absence ofthis section to exercise care in his use ofsuch land and in his activities thereon, or from legal conse- quences or failure to employ such care. 3. Apply to any person or persons who for compensation permit the land to be used for recreational purposes. (h) User Liable for Damages. Any person using the land of another for recreational purposes, with or without per- mission, shall be liable for any damage to property, livestock or crops which he may cause while on said property. Page I of I Will Berg From: Nancy Stricklin [nancyslaw@mindspring.com] Sent: Friday, December 16, 2005 6:54 PM To: Will Berg Cc: Bill Nary Subject: RE: Wll, lt is my opinion that the City will loose the recreational immunity if they allow the Little League to charge, even though the Little League is lhe one that retains the fee that is charged. Since the city will loose its immunity, I suggest that the agreement contain a provision that the Little League indemnifies the city for any loss or injury that comes out of those events and that the Little League carry liability insurance to cover that indemnification. From: Will Berg Imailto: bergw@meridiancity.org] Sent: Friday, December 16, 2005 10:42 AM To: nancyslaw@mindspring.com cc: birdronaldkeith@msn.com Subject: Please review this for me. Call me at 208-888-4433. Thanks. . . . Wll <<Mo Brooks Baseball Field agreement 1 2-05.doc>> <<Recreational lmmunv Statute 1 2-1 6-05.ttD> No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.371 / Virus Database: 26'7.14.11205 - Release Date: 12/1612005 No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.371 / Virus Database: 267 .14.11205 - Release Date: 1211612005 t2t201200s Idaho Code Copynght 1948-2005 by Matthew Bender & Company, Inc. one ofthe LEXS Publishing companies All righls reserved. iT. STAIUIDS CIJRRENT TEROUGH THE,2OO5 SESSION TT* *T*A]YNOTATIONS CURRENT TEROUGH OCTOBER 18,2OO5 *T* GENERAL LAWS TITLE 36. FISH AND GAME C}IAPTER 16. RECREATIONAL TRESPASS - LANDHOLDER LIABILITY LIMITED C,O TO CODE ARCHIVE DIRECTORY FOR THIS JI'RISDICTION Idaho Code $ 36-1604 (2W5) $ 36-1604. Limitation ofliability of landowner (s) Statement of Purpose. The purpose of this section is to encourage owners of land to make land ard water arcas available to the public without chargp for recreational purposes by limiting their liability toritrld p€rsons edtering thereon for zuch pruposes. O) Definitions. As used in this section: l. T-and' means pritute or public land, roads, tsails, water, rvatercourses, irrigation dams, water control struc- tures, headgates, private or public ways and buildings, sEuctires, and machinery or equipment when attached to or used on the r€alty. 2. "Own€r" m€alls the possessor of a fee interest, a tenant, lessee, occupant or pe$on in cortol ofthe premises. 3. T.€cleatiotral trrrpos€s' inchdes, but is not limited to, any of the following or any combiratiotr th6eof: hunt- ing, fishing sreimming boating, raftin& trbing camping picnicking hiking pleasure driving, bicycling; running, play- iag on playgoud equpment, sl(atdoarditrg, atNetic competition, nature shrdy, water skiin& animal riding motorcy- cling, soowmobilin& rccrcatiooal r€hicles, winter sports, and viewing or enjoying hisorical, archeologcal, scenic, geo- logical o scientific sit€s, wh€n dorc \ ithout charge ofthe owner. (c) Owner Exerpt from Waming An owner of land owes m duty of csre to kee? the premises safe for entry by others for recreational purposes, or to give any waming ofa dangerous oonditioo, use, saucture, or activity on such premises to persoos e 6ing for $rch Frrposes. Neither the installation of a sign or other form of waming of a dmger- ous condition, use, stnrcture, or actiyity, nor ally modification made for the purpose ofimproving the safety ofotherq nor the failue to ruintain or keep in plaoe any sigrg other fonn of waming, or modificrtion mado to imprwe saf6ty, shall deate liability oD the part of an owner of land where therc is no other basis for such [ability. (d) Owno Assumes No Liability. An o$,ner of land or equipment who either directly or indirec{y invites or per- Us Ery person to use srch pro,perty for r€qeational pttrposes does not thercby: l. Exend any assurance that the premis€s ere safe for any pulpose. 2. Confer tryon zuch person the legal sta$s of alt invitee or licensee to whom a duty of care is owed. 3. Assume responsibility for or incur liability for any injury to person or property caused by an acl of omission of such persons. (e) Provisions Apply to trased Public Irnd. Unless otherwise agreed in *riting the provisions of this section stull be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes. (f) Provisions Apply to Iffd Subject to a Conservation Easement. Unless otherwise agreed in *riting the provi- sions ofthis section shall b€ deemed applicable to the ,luties and liability ofan owner of land subject to a cons€ryation easemenl to any govemmental entity or nonprofit organization. (g) Owrcr Not Requt€d to Keep I.and Safe. Nothing in this section shall be construed to: 1. Cr€ate a duty ofcare or ground ofliability for injury to persons or property. 2. Relieve any person using the lard of amther for recreational purposes from any obligation which he may bave in the absence of this section to exercise carc in his use of such land and in his activities thereoq or from legal conse- quences or fuilure to employ such care. 3. Apply to any person or persons who for compensation permit the land to be used for recreational purposes. (h) User Liable for Damages. Any person using the land of another for recreational p[poses, with or witlout per- missioq shell be liable for any damege to pmperty, livesto€k or crops which he rnay cause while on said Foperty.