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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: ztt,-A /.� 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. yh9���� 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 Page 1 of 4 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 Page 2 of 4 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. Page 3 of 4 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 Page 4 of 4