MYB Dev. & License Agmt
MYB/S FUTURE IN KIND DONATIONS
1. PARKING LOT LIGHTS
MCAL V AIN CONST.
2. WOOD MATERIALS AND LABOR FOR FRAMING OF BUILDINGS IN THE
FUTURE LEIGHTON ENTERPRISES
3. ELECTRICAL LABOR FOR WIRING OF BUILDINGS
CENTERS ELECTRIC & ALL AMERICAN ELECTRIC
4. POSSffiL Y ROOFING LABOR FOR FUTURE BUILDINGS
LEASHMAN ROOFING
5. POSSIBLE HEATING/HV AC SYSTEMS FOR FUTURE BUILDINGS
ASHLEY HEATING
6. PAINTING OF FUTURE BUILDINGS
SIMONS PAINTING
THERE ARE NUMEROUS OTHER BUSINESSES THAT WOULD LIKE TO BE
CONTACTED CLOSER TO CONSTRUCTION WHICH AT TDA T TIME
WOULD BETTER BE ABLE TO EVALUATE THEIR EXTENT OF AN IN-KIND
DONATION.
EX: FLOORING, MASONRY, DRYWALL, PLUMBING, ETC.
AT THE TIME OF CONSTRUCTION START OF PHASE #1, WE WILL
BE RE-IMPLIMENTING OUR BRICK SALES FOR THE CENTER OF THE
COURTYARD. TmS FUND-RAISER WHEN COMPLETE WILL NET US
APPROx. $100,000.00, WHICH WILL BE USED ENTIRELY FOR THE
CONSTRUCTION OF THE BUILDINGS.
ALSO OUR LEAGUE STILL PLANS TO TRANSFER $15,000.00 +1-,
FROM OUR LEAGUE FUND TO OUR COMPLEX FUND, YEARLY TO GO
TOWARDS BIDLDING CONSTRUCTION.
PREPARED BY: TRACE LEIGHTON
MYB/S VP AND EXECUTIVE BOARD MEMBER
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CITY OF MERIDIAN
PARKS & RECREATION DEP ARTNIENT
DEVELOPMENT AND LICENSE AGREEMENT
THIS AGREEMENT made and entered into this day of
, by and between the City of Meridian, an Idaho MunicipaJ Corporation,
hereinafter caned "City", and the Meridian Youth Baseball/SoftbalJ, Inc., a 501 (c)(3)
Corporation, hereinafter called "MYB/S INc."
WHEREAS, "MYB/S mc." is a service organization dedicated to public service for
fund raising in suppOli of the youth of Meridian and Westem Ada County; and
WHEREAS, "MYB/S mc." and the "City" desire to cooperate to improve recreation
opportunities for youth and the residents of Meridian and W estem 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 mc." af,'Jee to designate the 23.5 acre parcel site
as a Special Use park to support youth.
WHEREAS, the "City" is willing, upon certain ten11S and conditions, to provide use of
the entire 23.5 acre site for a period oftime defined within this AGREEMENT; and
NOW, THEREFORE, the parties hereto agree as folJows:
1.
USE
F or and in consideration of promises contained herein, and other good and
va1uable consideration, "City" hereby gives and grants to "MYB/S mc."
the right, privi1ege and license to use certain property (the "premises")
Meridian Youth BasebaH/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 tenn oftwenty-five (25) years, with an
option to renew by "MYB/S mc." for an additional ten (10) year period
commencing on the 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 1 OF 10
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3.
DEVELOPMENT AND USE OF PREMISE
"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 mc." 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 shaH 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 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 underf,'Jound 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.
2.
Construction of restroom/concession buildings.
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.
e.
Phase Three shall include:
1.
Construction of maintenance building.
This Phase Three is to be substantia1ly complete and scheduled for
fina1 completion in September 2009.
f.
MYB/S INC will provide funding for the following items:
1.
2.
3.
4.
5.
6.
7.
All engineering and construction documents.
All baseball backstops and fencing.
Construction Management.
Construction ofrestroom/concession buildings.
Construction of maintenance building.
Landscaping and trees.
All change orders.
"MYB/S mc." shall not use or pennit the use of the premises for
any other purpose without the express written consent of the
"City".
g.
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.
h.
1.
"MYB/S mc." will provide a yearly schedule of events to "City".
J.
Park rules and regulations and applicable city ordinances will be
observed and complied with.
"MYB/S INc." understands that the premises licensed for use is
first and foremost a "City" park and must obtain pennission from
"City" prior to the start of any earth work, grading or construction
being perfonned.
k.
"MYB/S INc." agrees to develop the park to "City" park
construction specifications and all construction will require a
bui1ding pennit prior to the start of construction.
1.
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 3 OF 10
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m.
"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.
n.
"MYB/S mc." agTees to perfonn the following site maintenance
during their schedu1ed use of the site: stripe aU playing fíelds;
place a minimum of two trash receptacles at each p1ay field, the
"City" wil1 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 day that games are
scheduJed; provide a six yard trash container, and provide portable
toilets as necessary.
o.
"MYB/S INc." shall be pennitted to exclusively operate and
maintain a food concession on site during their schedu1ed use.
Maintenance and operation of concession operation shall include:
maintain the interior of the concession building, obtain all
appropriate pennits 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 mc."
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 ofthe 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 mc." youth program use times.
p.
"MYB/S, INc." may on1y charge admission to facilities in the park
in the following circumstances: a regional or state toumament
hosted by "MYB/S, mc." 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
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youth athletic competition and fitness. In the event that charging
admission fees resuhs 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 pen11itted for
regular league play or any other regular activity of "MYB/S, 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.
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".
5.
INDEMNIFICATION AND INSURANCE
"MYB/S INc." indemnifies "City" and hoJds "City" hannless 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." shaH 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" hannless
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 c1aim, 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 attomey'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
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In addition, "MYB/S INc." shall maintain, and specifícal1y 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 lim its of insurance shall not be deemed a limitation of the
covenants to indemnify and save and hold ham1less "City"; and if "City"
becomes liablc for an amount in excess of the insurance limits, herein
provided, "MYB/S TNc." covenants and agrees to indemnify and save and
hold ham11ess "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 "MYB/S INc." event,
game or practice. "MYB/S INc." shall provide "City" with a certification
of insurance or other proof of insurance evidencing "MYB/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 insurance minimums of the Idaho Tort Claims Act are
changed, "MYB/S INc." shall immediately submit Proof 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 for which
construction will be designed and built
6.
CITY RESPONSIBILITIES
a.
Phase One:
1.
2.
The "City" will pay for the construction of playing fields.
The "City" will pay for all underground utiJity
construction.
The "City" will pay for parking lot drainage, sub-base to
grade and paving.
The "City" will pay for pathway and sidewalk sub-base to
grade and paving.
The "City" will pay for curb, gutter, and sidewalks.
The "City" will pay for fine grading for seed preparation,
grass seeding.
The "City" will pay for Sprinkler irrigation installation.
3.
4.
5.
6.
7.
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 6 OF 10
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b.
Thc "City" will 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.
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 perfoTI11 a1l 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 DEF AUL T
This AGREEMENT may be terminated by either party upon a breach of
this agreement and failure to cure such breach after sixty (60) days wIitten
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 peIiod, "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
attomeys fees, incurred by "City" in recovering the premises.
8.
NON-WAIVER
"City's" waiver on one or more occasion of any breach or default of any
term, covenant or condition of this AGREEMENT shaH 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 liab1e 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
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"City" in the enforcement of any of the terms, covenants or conditions of
the AGREEMENT.
9,
SURRENDER OF PREMISES
Upon the expiration or earlier tennination or cancellation of this
AGREEMENT, "MYB/S 1Nc." 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 me." performance of the tem1S
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".
11.
NOTICES
a.
AJI 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 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, retum 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
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16.
de1jvery to the paliy above specified, or their agent or legal
representa ti ve.
12.
ALTERATIONS
"MYB/S INc." shall not make, or permit to be made, alterations on or to
the premises without first obtaining "City's" wIitten consent. Additions
to, or alterations ot~ 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 perfom1ed for, materials
furnished to, or obligations incuned 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
tennination of this AGREEMENT for any reason, including the expiration
of its tern1, "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
15.
"MYB/S mc." shall permit "City" and "City's" contractors and
emp10yees, 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 aU other
lawfu1 purposes.
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 govemmental agency approval that is required by law.
BINDING EFFECT:
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 9 OF 10
This AGREEMENT and the ten11S and conditions hereofshalJ apply to
and are binding upon the heirs, legal representative, successors and assigns
of the p<1l1ies.
17.
PRIOR AGREEMENTS SUPERCEDED:
This AGREEMENT contains the entire agreement between the parties as
it pertains to the premises.
IN WITNESS WHEREOF, the par6es hereto have subscribed their names the
day and year first above written.
MERIDIAN CITY:
BY:
Tammy de Weerd, Mayor
MERIDIAN YOUTH
BASEBALL/SOFTBALL, INC.:
BY ß¿ ~
/'resident
Attest:
BY
William G. Berg, Jr., City Clerk
APPROVED AS TO FORM AND CONTENT:
epartment
~£--
City Attomey
Risk Manager
Z:\Work\M\Meridian\Meridian 15360M\Parks\Youth 2KProject\Developrnent and License Agrnt Meridian Baseba11 and Softball 02
05 04.doc
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 10 OF 10