MARI Agreemt12.20.05MO BROOKS BASEBALL FIELD / COMPLEX AGREEMENT
2THIS AGREEMENT is hereby entered into this the _20—day of
Ce
h -v , 2--f�2 0 S by and between the City of Meridian, a
municipality of the State of Idaho (hereinafter referred to as the "City') and the
Meridian Athletic Roundtable, Inc., a not -profit corporation organized and existing
under the laws of the State of Idaho (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.
WITNESSETH
WHEREAS, the parties hereto are interested in promoting youth baseball,
including American Legion baseball, within the City of Meridian, Idaho; and
WHEREAS, the City of Meridian seeks to provide the best possible
facilities within its public parks and encourages public participation in the
improvement of those facilities; and
WHEREAS, the Meridian Athletic Roundtable, Inc. 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, Inc. has provided extensive
services 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 netting,
NOW, THEREFORE, IN EXCHANGE FOR THE MUTUAL CONVENANTS
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.
11
Scheduling of all events at the Mo Brooks Baseball Field will be
undertaken by the MARI. In 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. It is understood that MARI will provide
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appropriate scheduling for the Varsity High School Baseball for Meridian High
School when needed. It is also understood that MARI 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.
it/
MARI is granted the right to charge admission to each game and retain
the proceeds from said admission charge for use in the furtherance of Meridian
American Legion Baseball program. MARI is further granted the right to attach
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 at the facility. All fees shall be
retained by MARI to defer the cost of capital improvements and fulfilling its
maintenance responsibilities as specified in section iV 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. In 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 paths 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.
V
In 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 said 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
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programs conducting scheduled games at Mo Brooks Baseball Field. MARI
agrees to obtain all required permits and licenses and adhere to all ordinances
and laws of the City of Meridian and the State of Idaho. 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
In 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.
VII
The term of this agreement shall commence on the '?l6 �da of y
� 05' and shall continue until the 3 � st day of
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. If for any reason
that the MARI is dissolve or becomes non existing or does not fulfill its
obligations, this agreement shall be transferred and assumed by the Meridian
Athletic Association Incorporated. If 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 Baseball Field Facility to the MARI.
DATED this 2-c9 day of 46cei---v6z-L,,
City of Meridian
Vayor /J s,'dea t -6;�' Ga�ri�
Approved by City Cour{Gil, 2- 29 4 -O
Attested.
Clerk MEAL
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a�
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Meridian Athletic Roundtable, Inc.
President
Approved by Board
Secretary