2020-08RESOLUTION NO. 2020-8
COUNCILMEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, an Agreement between the City of Blair, Nebraska, and Blair Youth Sports
Complex, Inc has been prepared and presented to the City Council providing for the terms and
provisions for the mowing and general maintenance of the Youth Sports Complex Facility, and
Veteran's Field, a copy of which Agreement is attached hereto, marked Exhibit "A" and by this
reference made a part hereof, and
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is
hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby
authorized and directed to execute same on behalf of the municipality.
COUNCIL MEMBER RUMP MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHEPARD. UPON ROLL
CALL, COUNCIL MEMBERS SHEPARD, STEWART, WILLIS, RUMP, ANDERSEN, JENSEN,
HALL AND WOLFF VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY",
THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED
THIS 25TH DAY OF FEBRUARY 2020.
CITY OF BLAIR, NEBRASKA
BY
RICHARD HANS N, MAYOR
ATTEST:
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BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said City, held on the 25th day of
February 2020.
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BRENDA WHEELER, CITY CLERK
MAINTENANCE AGREEMENT
This Agreement entered into by and between the City of Blair, Nebraska, hereinafter referred
to as "City" and the Blair Youth Sports Complex, Inc., hereinafter referred to as "Complex Board".
WHEREAS, on October 25,1988, City entered into a lease with Complex Board whereby the
Complex Board agreed to coordinate the baseball, softball and soccer sporting activities at the Blair
Youth Sports Complex located on the following described real estate:
From the North 1/4 corner of Section 12, Township 18 North, Range
11 East, and assuming the North line of the NE1/4 of said section to
bear N 89° 55'45" E, thence N 89° 55'45" E a distance of 33.0 feet
to the point of beginning; thence continuing N 89° 55' 45" E a
distancel263.35 feet; thence S 0° 04'39" E a distance of 1297.05
feet; thence West a distance of 629.44 feet; thence N 0° 08' 28" E a
distance of 332.51 feet; thence N 89° 51' 32" W a distance of
198.0 feet; thence S 0° 08'28" W a distance of 333.0 feet; thence
West a distance of 3 0. 0 feet; thence N 0° 08' 28" E a distance of
331.60 feet; thence N 89° 59' 33" W a distance of 410.85 feet;
thence N 0° 08'28" E a distance of 963.84 feet to the point of
beginning lying in the NW1/4 NE1/4 of Section 12, Township 18 North,
Range 11 East of the 6th P.M., Washington County, Nebraska,
containing 33.03 acres more or less. (Youth Sports Complex Facility)
WHEREAS, the Complex Board has indicated a desire to continue the mowing and general
maintenance of the Sports Complex grounds.
FOR VALUABLE CONSIDERATION, THE PARTIES DO HEREBY AGREE AS
FOLLOWS:
Term. The term of this Agreement shall be for Five (5) years commencing on April
1, 2020 and terminating on March 31, 2025; provided however, either party may terminate this
Agreement by giving written notice to the other party on or before December 31 of any year, and
upon delivery of said written notice, this Agreement shall terminate as of March 31 immediately
following the date of delivery of said written notice.
2. Complex Board Duties: The Complex Board agrees to perform the following
services and duties during the term of this Agreement:
(A)Youth Sports Complex Facility: The Complex Board shall provide all:
(1) Garbage removal from the entire Sports Complex area, including
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parking area, for those time periods the member organizations are
actually utilizing the leased area. The City agrees to provide a large
dumpster on or near the facility so that all garbage may be deposited
and removed from the premises.
(2) Mowing of all grass, including all soccer fields, infield and outfield
grass of all baseball and softball fields as shown on that map attached
as attachment A; Further, the Complex Board agrees that no
employee or volunteer shall operate the said mowers furnished by the
City unless the individual is at least 18 years old and been checked
out for use, safe operation and maintenance, of the vehicle by both
the Complex Board representative so appointed and by the City of
Blair Parks Superintendent or his/her designated representative.
(3) Cleaning of all bathrooms owned by complex members;
(4) Field preparation for all baseball and softball games including
grading of the fields, chalking, and painting of the foul lines;
(5) Painting of all field markings on all soccer fields.
(6) The Complex Board shall furnish to the City a copy of current
registration of Incorporation from the secretary of the state prior to
any payment of funds are released.
(7) Complex board or their designee shall provide the City with bi-
weekly site inspection reports outlining the condition of all facilities
to make sure all facilities are being maintained in a safe condition for
those time periods the member organizations are actually utilizing the
leased area. All inspection reports shall be furnished by parks staff,
which will assist in training Complex personal to do the said safety
inspections. All inspection reports must be returned in full at the end
of each month, and new reports will be issued. All complex
inspection reports shall be kept on file at the Parks Office and/or City
Hall.
(8) The Complex Board shall pay and be responsible for the cost of all
chalk necessary to mark all of the baseball and softball infields and
will pay for all paint necessary to mark all of the soccer fields.
3. City Obli ag tion. As consideration for the services performed by Complex Board,
City agrees to the following:
(1) Compensation. City agrees to pay to Complex Board, the sum of Twenty
Five thousand ($25,000), on or before April 1St of each year during the term
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of this Agreement for maintaining the fore mentioned property as described
and to help off set the costs for providing youth recreational opportunities in
the community.
(2) City agrees to provide to Complex Board two front mount mowers. It is
understood that the ownership of these tractors shall be with the City of Blair,
but that all maintenance during the term of this Agreement shall be at the
expense of the Complex Board. The City shall replace said mowers on
rotation as needed but not more often than every four (4) years and as agreed
to by both parties.
(3) In addition to the above the City shall bill the members of the complex for
water and sewer service at the same rate as all other City Departments and
the City shall pay or assume the first $1000.00 of water charges annually for
each of the Complex participating organizations. Each organization shall then
be responsible for the balance of the charges each year. For purpose of this
section the year shall be a calendar year.
4. Joint Consideration. The City and Complex Board acknowledge that the City
desires to have all facilities fully utilized and that each of the individual
organizations, Little League Baseball, Youth Softball, and Youth Soccer, making up
the Complex Board will make their facilities available to other organizations at
reasonable rental rates for scheduling of practices, games, tournaments, and etc. to
help promote business growth and stability within the City of Blair when facilities
are not being used by those individual organizations.
Further be it acknowledged that City and Complex both recognize that the City
expresses a willingness to be a further partner with the individual organizations in
holding tournaments/events that will maximize the use of the facilities to help
business growth within the community.
Insurance. Complex Board agrees to provide City Clerk with a certificate of
insurance evidencing that it maintains workman's compensation insurance for any of
its employees and also maintains general liability insurance naming City as an
additional insured for the activities specified hereinabove. Furthermore, Complex
Board indemnifies City and agrees to hold City harmless for any loss, damage or
injury caused by the negligent acts or omissions of Complex Board or any of its
employees in furtherance of the provisions of this Agreement.
DATED this 25th day of February 2020.
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CITY OF BLAIR, NEBRASKA
G1®
By
RICHARD HANSEN, MAYOR
BLAIR YOUTH SPORTS COMPLEX INC.
By DI
DEAN THOENE, PRESIDENT
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
ATTEST:
BRENDA WHEELER, CITY CLERK
Before me, the undersigned allotary Public in and for said county and state, personally came
Richard Hansen Mayor of the City of Blair, Nebraska, and the above -signed, Dean Thoene,
President of the Youth Complex Board, known to me to be the identical persons who signed the
above and foregoing Lease and acknowledged the execution thereof to be their voluntary act and
deed.
WITNESS my hand and seal this / day of ( 2020
GENERAL NOTARY -State of Nebraska NOTARY PUBLIC
II BRENDA R WHEELER
My Comm. Exp. June 20, 2020
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