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Development Agreements

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Jeffers Road Development Agreement

Memorandum of Understanding

Jeffers Road Park

 

            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

            WHEREAS, 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

 

            WHEREAS, 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.

 

            NOW THEREFORE, the Parties hereby agree as follows:

 

1.  CAPITAL 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 parking lot.

           (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 City’s discretion.

(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.   

            (4)  Provide 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 / restroom building.

                        (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).

5.  INSURANCE. 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 ___________, 2013.

 

CITY EAU CLAIRE                                                          

 

By: _________________________

            Phillip C. Fieber          

            Director, Parks, Recreation and Forestry

 

EAU CLAIRE FASTPITCH

 

By:________________________________

Title:_______________________________

 

EAU CLAIRE NATIONAL LITTLE LEAGUE

By:________________________________

Title:_______________________________

 

 

Approved as to form:

 

 

___________________________________

Stephen C. Nick, City Attorney

 

 

 

 

City Departments/Parks and Rec/MOU Jeffers Road Ball Field

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