Blair Swim TeamCOVID 19: License and Management Agreement
for Use of Municipal Property for Sports
or Other Recreational Activities
This Non Exclusive License and Management Agreement (the "License"), dated
for reference purposes only as of the 17th day of June, 2020, is entered into by and
between City of Blair ("Licensor") and Blair Swim Team ("Licensee").
RECITALS
A. Licensor owns the real estate legally described on Exhibit "A" attached
hereto and incorporated herein by this reference (the "Real Property").
B. The Licensee desires to license a portion of the Real Property as identified
on Exhibit "B" attached hereto and incorporated herein by this reference
(the "Premises").
C. The Premises includes the Blair Municipal Pool and bathhouse, all as more
particularly described on Exhibit "B".
D. Licensee is involved in organizing adult and/or youth swim team in the
municipality.
E. Licensor recognizes the additional requirements associated with operating
the Premises as a result of the ongoing COVID-19 and novel coronavirus
situation and is not able to ensure that operation of the Premises during
all practices, meets, and other events follows the current applicable rules
for safe operation.
F. Licensee desires to utilize the Premises for adult and/or youth swim team
and other recreational activities and is willing to enter into this License in
order to manage the Premises in accordance with the applicable rules for
safe operation.
G. Licensor desires to enter into this License whereby Licensee shall license
and manage the Premises for Licensor, subject to the following terms.
NOW THEREFORE, Licensor and Licensee agree as follows:
1. Licensed Premises. Licensor desires to license to Licensee the
Premises, as defined above, consisting of approximately 30,000 square feet of real
property as further described on Exhibit "B". Such area includes the municipal pool
and bath house. Licensor licenses the Premises to Licensee, and Licensee licenses
the Premises from Licensor, for the License Term, and Licensee agrees to pay the
license fee, and to perform all of Licensee's obligations described herein. The parties
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agree that Licensee shall have the non-exclusive right to use the Premises and such
other portions of the Real Property as is necessary for Licensee to access and use
the Premises.
2. Management. The parties acknowledge and agree that Licensee shall
be solely responsible for the operation and management of the Premises during the
License Term when the Premises are being utilized pursuant to this License.
Licensee shall be responsible for operating and managing the Premises in
accordance with all applicable rules and regulations of any governmental entity with
jurisdiction over the Premises, including, but not limited to, the June 1st Statewide
Sports Reopening Guidelines issued by the State of Nebraska, attached hereto as
Exhibit "C" and incorporated herein by this reference, any other comparable
guidelines that may be promulgated by the State of Nebraska regarding sports or
other recreational activities, and any amendments, replacements, or supplements
thereto, any applicable directed health measure, and all resolutions and ordinances
of Licensor (collectively the "Rules"). Licensee represents and covenants to Licensor
that Licensee is familiar with the Rules and that Licensee shall operate and manage
the Premises in accordance with the Rules. Licensee shall ensure that all coaches
or appropriate personnel utilizing the Premises shall conduct themselves and their
teams in accordance with the Rules. Licensee agrees to provide training and
education as appropriate to all coaches or team managers to ensure that the Rules
are followed.
3. Term. The License shall be for a term of 6 months commencing effective
as of June 17, 2020. Either party shall have the right to terminate this License by
providing the other party with no less than 15 days' prior written notice. Such notice
shall specify the date that the License shall terminate. Notwithstanding the
foregoing or any other provision herein, the parties acknowledge and agree that
Licensor retains the right, at any time, to terminate this License by written notice to
Licensee if such termination is required under the applicable Rules or any
amendment, replacement, or supplement thereto, or in the event Licensor
determines, in Licensor's discretion, that Licensee has failed to manage and operate
the Premises in accordance with the Rules. Any such termination shall not relieve
the Licensee of the obligations of Licensee hereunder that have occurred or accrued
hereunder prior to the termination.
4. License Fee. Licensee agrees to pay Licensor a license fee of $-0-_.
5. Acceptance of Premises. By taking possession of the Premises,
Licensee accepts the Premises in its current condition. Licensee further agrees that
Licensor has not provided Licensee with any warranty or representation as to the
condition of the Premises and that Licensee has investigated the Premises and has
determined to Licensee's satisfaction that the Premises is satisfactory for Licensee's
proposed use. Licensee also acknowledges and agrees that Licensee is only utilizing
a portion of the Real Property that is described herein as the Premises and that
Licensor and other parties also shall have the right to use the Real Property during
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the License Term, subject to the reasonable licensing discretion of Licensor.
Licensee shall secure Licensor's permission prior to making any improvements or
alterations of any nature to the Premises. Licensor reserves the right to withhold its
consent in Licensor's sole discretion.
6. Quiet Enjoyment. Upon Licensee's paying the license fee and other
expenses provided in this License and observing and performing all of the terms,
covenants and conditions to be observed and performed by Licensee hereunder,
Licensee shall have possession of the Premises for the entire term hereof, subject to
all of the provisions of this License.
7. Real Estate Taxes. If applicable during the License Term, Licensor shall
pay all real property taxes and assessments, improvement bonds, and other
governmental levies ("Taxes") imposed on or with respect to the Premises, if any
exist. Licensee shall pay all personal property taxes imposed on or with respect to
Licensee's equipment and personal property located on the Premises, if any exist.
8. Maintenance. Licensee shall, during the term of this License, and at
its sole expense, keep the Premises in good order and repair, reasonable wear and
tear excepted. Licensee shall be responsible to maintain the Premises in accordance
with the Rules so that the Premises may be utilized for youth sports activities
hereunder. Such obligation shall include, but not be limited to, cleaning and
sanitizing restroom facilities regularly while players and fans are present, if any such
restroom facilities are included and open on the Premises. Licensee shall also
ensure that the concession stand, if any, remains closed so long as the same is
required by the applicable Rules. Licensee shall ensure that the stands or bleachers
are only utilized in accordance with the applicable Rules and that any spectators
are those permitted to be in attendance at the Premises in accordance with the
Rules. Licensor shall be responsible for any mowing, irrigation, or application of
fertilizer or weed control on the Premises in accordance with past practices of
Licensor. Provided, however, Licensee shall be responsible for any of the same if
they are caused by Licensee's misuse or damage to the Premises. Licensee agrees
to promptly notify Licensor of any maintenance or repair that is the responsibility of
Licensor hereunder.
9. Insurance. During the License Term, Licensee shall, at its own cost
and expense, procure and continue in force such insurance policies as are required
by Licensor. Such insurance shall, at a minimum include commercial general
liability insurance with a combined policy limit of at least $1,000,000 or such other
amount as is reasonably agreed to by the parties. Licensor shall be named as an
additional named insured on all such policies of insurance. A renewal policy shall
be procured not less than ten (10) days prior to the expiration of any policy. Each
original policy or a certified copy thereof, or a satisfactory certificate of the insurer
evidencing insurance carried with proof of payment of the premium, shall be
deposited with Licensor prior to the commencement date of the term hereof and
within ten (10) days of the each anniversary date thereafter. Licensee shall provide
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workers' compensation and employer liability coverage as may be required by the
State of Nebraska.
10. Licensee's Indemnification. Licensee agrees to indemnify and hold
Licensor harmless from and against any and all claims, damages, or causes of action
and all liability, cost or expense specifically including court costs and all reasonable
attorney fees to the extent the same arise out of or in any way connected with
Licensee's or Licensee's agents' use of the Premises during the term hereof. Whether
the same are raised during the term hereof or after. Without limiting the foregoing,
the parties acknowledge and agree that the foregoing indemnification specifically
includes any claims, damages, or causes of action and all liability, cost or expense
specifically including court costs and all reasonable attorney fees for any COVID-
19, novel coronavirus, or related issues.
11. Assignment. Licensee shall not assign, sub -license, or otherwise
transfer, by operation of law or otherwise, this License or any interest herein without
the prior written consent of Licensor, which consent may be withheld in Licensor's
sole discretion.
12. No Re -license. Licensor's consent to any assignment, encumbrance,
sub -license, occupation, or other transfer shall not release Licensee from any of
Licensee's obligations hereunder or be deemed to be a consent to any subsequent
assignment, sub -license, or occupation unless Licensor agrees in writing. The
collection or acceptance of the license fee or other payment by Licensor from any
person other than Licensee shall not be deemed the acceptance of any assignee or
sub -licensee as the Licensee hereunder or a release of Licensee from any obligation
under this License.
13. Events of Default. The occurrence of any one or more of the following
events shall constitute an Event of Default: (i) the failure by Licensee to make any
payment of the license fee or any other payments required to be made by Licensee
under this License when due; and (ii) the failure by Licensee to observe or perform
any of the provisions of this License to be observed or performed by the Licensee if
such failure continues for a period of ten (10) days, or such other period if this
License specifically provides a different period for a particular failure, after written
notice by Licensor to Licensee of such failure; provided, however, that with respect
to any failure which cannot reasonably be cured within ten (10) days, an Event of
Default shall not be considered to have occurred if Licensee commences to cure such
failure within such ten (10) day period and continues to proceed diligently with the
cure of such failure.
14. Remedies. On the occurrence of an Event of Default, Licensor may at
any time thereafter, with or without notice or demand and without limiting Licensor
in the exercise of a right or remedy which Licensor may have by reason of such
default or breach, exercise any rights or remedies Licensor may have at law or in
equity, including, but not limited to, one or more of the following:
A. declare the License at an end and terminated;
B. sue for any damages sustained by Licensor;
D. cure any breaches of Licensee's obligations to pay utilities,
provide insurance, or properly maintain the Premises.
15. Non -Exclusive Remedies. The remedies of Licensor set forth in Section
15 shall not be exclusive, but shall be cumulative and in addition to all rights and
remedies now or hereafter provided or allowed by law or equity, including, but not
limited to, the right of Licensor to seek and obtain an injunction and the right of
Licensor to damages in addition to those specified herein.
16. Default by Licensor. Licensor shall not be liable to Licensee if Licensor
is unable to fulfill any of its obligations under this License, if Licensor is prevented,
delayed, or curtailed from so doing by reason of any cause beyond Licensor's
reasonable control. Licensor shall not be in default unless Licensor fails to perform
obligations required of Licensor within a reasonable time, but in no event later than
thirty (30) days after written notice by Licensee to Licensor, specifying Licensor's
failure to perform such obligation; provided, however, that if the nature of Licensor's
obligation is such that more than thirty (30) days are required for performance, then
Licensor shall not be in default if Licensor commences performance within such
thirty (30) day period and thereafter diligently prosecutes its efforts to satisfy such
obligation.
17. Entry by Licensor. Licensor and its agents and employees shall have
the right to enter the Premises at all reasonable times and during normal business
hours, to examine the same, to make such maintenance and repairs of the Premises
and such maintenance, repairs, alterations, decorations, additions, and
improvements to other portions of the Premises as Licensor requires.
18. Notices. Any notices required or permitted to be given under this
License shall be in writing and may be delivered personally or by certified mail to
the other party at the address set forth below. Any notice given by mail shall be
deemed received two (2) business days following the date such notice is mailed as
provided in this Section. Any notice given by electronic mail or personally delivered
shall be effective upon receipt. Either party may change its address for purposes of
this Section by giving the other party written notice of the new address in the
manner set forth above.
a. Licensor's Address: Rodney Storm
218 South 16th St.
Blair, NE 68008
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b. Licensee's Address: Robert Busboom
19. Applicable Laws. This License shall be governed by and construed in
accordance with the laws of the State of Nebraska.
20. Modification. This License contains all of the terms and conditions
agreed upon by the Licensor and Licensee with respect to the Premises. All prior
negotiations, correspondence, and agreements are superseded by this License and
any other contemporaneous documents. This License may not be modified or
changed except by written instrument signed by Licensor and Licensee.
21. Relationship of Parties. Neither the method of computation of the
license fee nor any other provisions contained in this License nor any acts of the
parties shall be deemed or construed by the parties or by any third person to create
the relationship of principal and agent or of partnership or of joint venture or of any
association between Licensor and Licensee, other than the relationship of Licensor
and Licensee.
22. Waiver. The acceptance of the license fee or other payments by
Licensor, or the endorsement or statement on any check or any letter accompanying
any check for the license fee or other payment shall not be deemed an accord or
satisfaction or a waiver of any obligation of Licensee regardless of whether Licensor
had knowledge of any breach of such obligation. Failure to insist on compliance
with any of the terms, covenants, or conditions hereof shall not be deemed a waiver
of such terms, covenants, or conditions, nor shall any waiver or relinquishment of
any right or power hereunder, at any one time or more times, be deemed a waiver
or relinquishment of such rights and powers at any other time or times or under
any other circumstance (s).
23. Partial Invalidity. If any term or provision of this License or the
application thereof to any person or circumstances shall to any extent be invalid or
unenforceable, the remainder of this License or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid
or unenforceable shall not be affected thereby, and each term and provision of this
License shall be valid and enforced to the fullest extent permitted by law.
24. Interpretations. Any uncertainty or ambiguity existing herein shall not
be interpreted against either party because such party prepared any portion of this
License, but shall be interpreted according to the application of rules of
interpretation of contracts generally.
25. Memorandum of License. Licensee shall not be permitted to file a
memorandum of the License or other documents in the real estate records of the
County including the Premises.
26. Binding Effect. This License shall be binding upon and shall inure to
the benefit of Licensor, Licensee, and their respective successors and assignees.
27. Counterparts. 'This License may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument.
[Execution Page Follows]
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IN WITNESS WHEREOF, the parties hereto hereby execute this License as of
the day and year first above written.
"LICENSEE"
By:
Its: y
Exhibit "A"
Legal Description
[Insert Legal Description]
MGM
Exhibit "B"
[Insert Diagram or Description of the Licensed Premises]
[Include List of Improvements/Structures]
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Attachment A
Block 5 & 6 & 20' of Vacated South 161h Street
Attachment B
Municipal Pool and Bath house
tatowide Changes starting Jane Is'
• Travel Quarantine
— All individuals returning from international travel only will be required to quarantine upon returning to
Nebraska for 14 days.
— The restriction will not apply to individuals traveling in connection with military service or in connection
with employment at a health care facility.
Sports
— Team sports have been categorized by contact level (contact, limited -contact, non -contact) based on
guidance from the April 2008 American Academy of Pediatrics Classification of Sports According to
Contact. These categories will used for determining the opening of different team sports.
— Limited and Non -contact team sports including baseball, softball, and volleyball practices may begin
June 161.
— Limited and Non -contact team sports including baseball, softball, and volleyball games may begin
June 181'.
— Rodeo events may also begin starting June 1St
— "June 1s' Statewide Sports Reopening Guidelines" must be followed for both youth and adults.
♦ Rodeos are permitted to follow Gatherings DHM requirements.
♦ Schools gyms and weight rooms are permitted to follow gyms, fitness centers/clubs, health clubs,
and health spas DHM requirements.
— Contact sports like basketball, tackle football, soccer, wrestling, etc. remain prohibited.
Starting J"ne Is', the hallowing g"idelines apply to all counties except for these located in
Central District Health Dept. (ball, Harnilton, Merrick) and Dakota County Health Dept, (Dakota)
• Bars & Restaurants
— Restaurants remain open for dine -in and Bars, Bottle Clubs, and Gentlemen's Clubs can reopen.
♦ Patrons will be required to be seated while on premise unless they are placing an order or using
the restroom.
— Limited to 50% of rated occupancy maximum at a time.
— Six (6) feet separation between seating of different parties.
— Six (6) feet of separation between entertainers, performers, dancers, and patrons.
— Maximum of six (6) individuals in a party (groups larger than six (6) will need to split into multiple tables).
— Food may not be consumed at bar seating.
— Games such as pool, darts, arcade games, etc. are prohibited.
• Childcare Facilities
— Will remain at not more than 15 children per room/space.
♦ All other state provisions, statutes, and regulations, including child to staff ratios, still apply.
"Helping People Living Better Lives" 5/21/2020 1 P9. 1
• Gatherings
— Gatherings will be limited to the greater of 25 people (excluding staff) or 25% of rated occupancy (not to
exceed 3,000) for gatherings held at:
♦ Indoor or Outdoor Arenas, Indoor or Outdoor Auctions, Stadiums, Tracks, Fairgrounds, Festivals,
Zoos, Auditoriums, Large Event Conference Rooms, Meeting Halls, Indoor Theaters, Libraries,
Swimming Pools, or any other confined indoor or outdoor space.
• Groups shall be no larger than six (6) individuals.
• Six (6) feet separation between groups must be maintained.
— Parades, carnivals, midways, dances and street dances, and beer gardens are prohibited through
June 301h and may be extended.
♦ Parades where patrons remain in their vehicles and the public does not line the streets are
permitted.
♦ Dance recitals are permitted but must follow the Gathering requirements.
— Drive-in movie theaters may open at full capacity as long as patrons remain in/on their vehicles while
viewing the movie and congregating at concession and restroom areas are not permitted.
— Plans for reopening must be submitted to the local health departments and approved for all indoor and
outdoor locations/venues that hold 500 or more individuals (1,000 or more in counties over 500,000
population) before reopening is permitted. The reopening plan must contain planned number of guests,
how the location will meet social distancing guidelines, and sanitation guidelines.
• Gyms, Fitness Centers/Clubs, Health Clubs, & Health Spas
— Will be limited to the greater of 25 people (excluding staff) or 50% of rated occupancy.
— Must ensure a minimum distance of six (6) feet be maintained between all patrons.
Salons, Barber Shops, Massage Therapy Services, & Tattoo Parlors/Body Art Facilities
— Will be limited to the greater of 25 people (excluding staff) or 50% of rated occupancy.
— Chairs/stations must remain at least six (6) feet apart.
— Both workers and patrons are still required in the DHM to wear masks at all times.
♦ An exception will be made for services provided by estheticians. Patrons will be permitted to
remove their mask while receiving services directly. The mask must be worn by the patron at all
other times while on the premise.
Wedding & Funeral Reception Venues
— Will be limited to the greater of 25 people (excluding staff) or 50% of rated occupancy.
— Six (6) feet separation between seating of different parties.
— Maximum of six (6) individuals in a party (groups larger than six (6) will need to split into multiple tables).
— Self -serve buffets and salad bars are prohibited. Venue staff must serve food directly to all individuals.
— No dances or other social events that require guests to gather outside of their respective tables are
permitted.
Starting June 1s1, all counties located in Central District Health Dept. (Hall, Hamilton, Merrick)
and Dakota County Health Dept. (Dakota) will be reissued DHMs with Phase I Requirements
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