Jeffers Road Development Agreement
WHEREAS, the CITY OF EAU CLAIRE, EAU CLAIRE NATIONAL LITTLE LEAGUE, and EAU CLAIRE FASTPITCH (collectively the
“Parties”) desire to jointly develop and operate a ball field complex on this
City property to allow for present and future boys and girls to enjoy and learn
the games of baseball and softball, improve physical fitness, and gain the many
benefits of participation in youth team sporting activity; and
WHEREAS, the City of Eau Claire owns
property known as Jeffers Road Park, located at 5710 Jeffers Road, Eau Claire,
WI. The park property is approximately
40 acres in size, in addition to a brush site, community garden and a storm
water detention pond for the Gateway Industrial Park, the property has also
been graded to accommodate four baseball/softball fields; and
the property is zoned P-Public and has a General Site Development Plan,
including the 4 ball field “Softball Complex”, approved by City Council on August
9, 2005 (incorporated as “Attachment A”) and City Council approved the
2008-2013 Park and Open Space Master Plan that identified the construction of
softball fields at Jeffers Road as a medium to high priority project; and
Eau Claire National Little League and Eau Claire Fastpitch provide valuable
recreational programing to the youth of Eau Claire and the broader community.
The National Little League currently operates at DeLong Middle School and Eau
Claire Fastpitch at Bollinger Fields and Carson Park, both desire to enter into
an agreement with the City that would allow their leagues to develop the
Jeffers Road site to accommodate their operations and provide a first in the
City joint boys and girls ball field complex and first city owned softball
field complex outside Carson Park. The Parks, Recreation and Forestry
Department staff feels that this partnership could be beneficial to the parties
by expanding access for youth physical activity and through the capital
improvement of this new city ball field complex.
THEREFORE, the Parties hereby agree as follows:
CAMPAIGN. Prior to commencing
operations it is necessary for the Parties to raise funds and seek in-kind
donations to construct the capital improvements necessary for the ball field
complex. The National Little League and
Eau Claire Fastpitch (collectively the “Leagues”) would jointly lead a
fundraising campaign with the intended goal of raising sufficient donations and
securing in-kind donated services to begin construction in 2014 toward a goal
of opening the ball filed complex in 2015, or as soon thereafter as is
feasible. The capital campaign may be
conducted in conjunction with the Parks Foundation and may also utilize a
capital campaign fund or the present Spirit Fund established at the Eau Claire
Foundation. The City shall assist
through providing staff to install certain improvements and to extend utilities
and provide other basic services to the site as summarized herein.
a. Responsibilities of the City.
(1) Provide land (approximately
20 acres of the Jeffers Road site) for the development
of four ball fields (2 Little League , 2 Girls Softball) sized fields, concession stand and restrooms building, and
(2) Installation of
fencing, infield material, and bleachers (materials provided by the Leagues)
(3) Grading of parking lot with base course and
paving in the future at the City’s discretion.
(4) Extend city
utilities, water, sanitary, and storm, to the concession / restroom building (connection and plumbing the
facility by the Leagues).
(5) Provide and plant landscaping and trees.
b. Responsibilities of the Leagues.
(1) Provide and grade top soil across the four
(4) fields sufficient to support turf in the outfields and two (2) turf
infields on the Little League ball fields.
(2) Extend electricity to the concessions /
restroom building and as funding permits
to each of the four (4) fields for field lighting.
(3) Provide field lighting equipment for two (2)
fields one baseball and one softball as funding permits. The City to provide lighting equipment for
the other two (2) fields at some future date as City funding allows at the
(4) Provide fencing materials and infield
/warning track material (installed by City Parks Division)
(5) Provide the building materials and secure
professional building, electrical, plumbing and such other expertise to
construct the concessions / restroom building.
(6) Provide and install the irrigation system for
all four (4) ball fields.
(7) Provide and install scoreboards on all four
(4) ball fields.
(8) Provide bleachers acceptable to the City for
all four (4) ball fields.
(9) As funding permits, provide and install batting
cages beyond the outfield fences of
the softball and baseball fields.
2. USE OF
PREMISES. The City agrees to allow
the Leagues non-exclusive use of Jeffers Road Park facilities and specifically
to allow priority use of the “Softball Complex” and associated parking lot to
the Leagues as identified on Attachment A (the “Premises”), the National Little
League to have priority scheduling for the two (2) grass infield baseball
fields and Eau Claire Fastpitch to have priority scheduling for the two (2)
dirt infield softball fields. At all
times the ball fields are not reserved for use by the Leagues, the City shall
retain all scheduling rights and responsibilities.
3. TERM. Term of this agreement shall be five years of
the expected opening of the facility on January 1, 2015, terminating on
December 31, 2019. The Leagues to enjoy
an option to renew the agreement for an additional five (5) year term with only
such operational updates and amendments as are agreeable to the Parks and
Recreation Director and the Leagues. The
Leagues shall retain priority scheduling for the ball fields beyond such date
unless both ceases operations or existence and/or fails fulfill all obligations
of a future operational agreement.
Should one League cease operations or no longer desire to operate at the
fields at Jeffers Road Park, the other League shall have a first opportunity to
assume the others rights and obligations.
4. OPERATIONAL RESPONSIBILITES. Operational responsibilities regarding the Premise
shall be assigned to the Parties as follows:
a. City agrees to:
(1) Mow and
fertilize the turf regularly to ball field standards and the park in general at reasonable intervals.
(2) Line the
infields prior to League scheduled games.
(3) Provide for
garbage removal from the concession / restroom building and park.
maintenance to the concession / restroom building, excepting the interior concession space.
(5) Maintain the
parking lot, trails, storm water facility, irrigation system, backstops, and fencing.
(6) Provide the
Leagues keys to the concession / restroom building.
b. Leagues agree to:
(1) Provide maintenance to the interior of the
concession area and any League storage space of the concession /
(2) Keep reasonably clean (broom swept) the
interior of the concession / restroom building.
(3) Furnish all concessions and vending equipment
and related personal property.
(4) Provide the City with keys for the
concessions and Leagues’ storage space in the concession / restroom building.
(5) Maintain and operate all scoreboards, P.A.
systems, and lighting systems.
(6) Pay to the City a per player registration fee
to cover the actual cost of field maintenance comparable to then current charges
for other similar youth sport leagues.
(7) Pay all utility costs (electric, water,
sewer) for the concession / restroom building and ball field complex during the
ball season (approximately April 1 – October 1).
The Leagues shall maintain, during the term of this Contract, general liability
insurance to protect against claims for damages from bodily injury, including
accidental death, as well as from claims for property damage, which may arise
from the use of the facilities, whether or not the use involves actual Club
activities. The amount of the insurance
policy shall be one million dollars ($1,000,000) per individual and two million
dollars ($2,000,000) per occurrence. The
amount of general liability coverage is subject to change based upon relative
inflation at the demand of the City, but in no event will be more than five
million dollars ($5,000,000) per occurrence.
The Leagues shall file a certificate of insurance in conformance with
these terms and shall maintain a current certificate of insurance on file with
the City throughout the term of this Contract.
6. ASSIGNMENT AND SUBLEASING. The Leagues shall not sublease or assign,
other than between Nationals Little League and Eau Claire Fastpitch, any part
or use of the premises or any duties under this Contract without prior written
consent of City.
7. REMEDIES. Failure of Leagues to
fully perform its duties under the terms of this Contract shall constitute a
breach. Upon breach by the Leagues, the
City shall provide the Leagues with notice and if not corrected after thirty
(30) days may terminate the Contract with or without further notice.
8. INDEMNIFICATION. Leagues shall indemnify
and hold harmless the City, its officers, employees, and agents, from any
liability, including, but not limited to statutory liability and liability
under workers’ compensation, and from any claim action, loss, cost, damage,
injury, death, or expense, including reasonable attorney’s fees, proximately
caused by the negligence or other fault of the Club, its officers, employees,
volunteers, affiliates, or agents, which arise in connection with this Contract.
9. NOTICES. This written Contract
constitutes the entire agreement of the parties. This Contract may not be altered without the
prior written consent of the parties.
This Contract shall be construed in accordance with, and governed by the
laws of the State of Wisconsin. This
agreement may be terminated by the prior written consent of the parties or by
the dissolution of the Leagues.
IN WITNESS WHEREOF,
the parties hereby affix their signatures, by their duly appointed
representatives, at Eau Claire, Wisconsin this _______ day of ___________,
Phillip C. Fieber
Director, Parks, Recreation and
EAU CLAIRE NATIONAL LITTLE LEAGUE
as to form:
C. Nick, City Attorney
Departments/Parks and Rec/MOU Jeffers Road Ball Field