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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 Page 9 of 3 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 Page 2 of 3 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 v a� Page 3 of 3 Meridian Athletic Roundtable, Inc. President Approved by Board Secretary