Blair Youth ComplexLEASL
`WHER2A3, City. has' >rtatn:. propey wrricn ..ate ue i
i
rent 'unci lease to Lessee, 'arid Lessee desires `tc zent the same `
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'fzom'•Cit } ' r
y'
;;Nt}W, :THERE�'OFtB'r
QNSSDERA"IiIN, tap THE -MUTUAL COVENANTS
RND CONiJITSgN3, TiiE PART OWS
al
1. City
agrees tiQ xent ta° .Lessee and Lessee agrees to
lease from C tv .certaiq, property.des ribed as Follows
Fr.o;i-.: the North '. j;t4 corner of section- 121
Township: l Nt rthr,.' Flange 1.1 East., and assuming.
the North 19ne of : NEI/4-...of� said section. to-.
bead: N89°55�4:a"E� >tiience N89,°55' des:_W- !
tahce of 33.0. 'feet:° to,.:the paint of beginning;
thence continuing N89Q55''45."E a distance of
12.63:35 feet; th ri :SQ°0.4 r 39,nE .a distance of
12.97.05 feet; thence'West a distance of 629.44
feet; thence, N0008:':28"E a.distance of 332.51
feet; thence N89651132"W a distance of 198400
feet; thence S0008128"W a distance of 333.00
feet; thence West a distance of 30.00 feet;
thence N000812811E a.distance of 331:60 feet;
thence N89059133" W a distance of 410.85 feet;
thence N0o08'28"E a distance of 963.84 feet to
the point of beginning lying in the NW1/4
NEI/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.
2. As consideration for the rental of said properties,
Lessee agrees to pay to City the sum of $1.00 per year. Said
rent shall be due and payable on the 1st day of April of each
year.so long as this lease is in effect.
3. The parties agree that this Lease shall commence on
the 25th day of October, 1988, and terminate on the 25th day of
October,. 2003-. The Lessee may request a renewal, of this lease
Lessee further agrees that in the event of termination at the end.
of any lease term,.any permanent buildings erected on the prem-
ises shall become the property of City. Any property which can
be removed without damaging the property of City shall remain the
property of Lessee when removed. Lessee agrees that no permanent
bleachers or other permanent structures, buildings, or parking
areas will be constructed on the premises without prior permis-
sion from the City and that the Lessee will remove any, and all
bleachers upon the expiration of this lease.
6. Lessee agrees that these premises shall be used
C
maintenance shall be at..such, times and,in' .such manner as the
City, in its sole and absolute discretion may determine. As to
all other items of maintenance or preparation, the City shall
have no duty or obligation whatsoever specifically including but
not limited to any duty or obligation for any field preparation,
raking, maintenance, chalking or lining on fields, watering,
fertilizing, or mowing. The City may participate In level-
ing for purposes of drainage on adjacent properties of the City
if it so desires.
8. The 'Lessee agrees that it shall be responsible for
and shall pay any and all costs of improvements and maintenance
on the property. The Lessee shall be responsible for and shall
noted and agreed by both parties hereto that.no claim to contin-
ued possession will.be made by the Lessee or its agents upon
notification of termination of this lease and that this lease
shall in no way be construed as to bind the governing body of the
City to continued occupation of the premises by the Lessee upon
the City's decision to terminate this lease in its sole and
absolute discretion for any reason whatsoever. Further, Lessee
agrees that in the event Lessee ceases any authorized activities,
this lease shall terminate as to the terminated.program's facili-
ties even if any lease term.is not completed.
RESOLUTION NO. 2002 - 18
COUNCILMEMBER FANOELE 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, Veteran's
Field and Zimmerman 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 SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON
ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, FANOELE,
MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE", AND COUNCIL MEMBERS NONE
VOTING "NAY", THE MAYOR DECLARED TBE FOREGOING RESOLUTION PASSED AND
ADOPTED THIS 26TH DAY OF MARCH, 2002.
CITY OF BLAIR, NEBRASKA
12WW
1 �Mulllz
ATTEST:
BRENDA.R. TAYLOR, CLERK
(SEAT.)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R TAYLOR 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 26h day of
March, 2002
9I WA
��1 �v
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 I/4 corner of Section 12, Township 18 North, Range
1 i East, and assuming the North line of the NE'/4 of said section to
bear N 891 55'45" E, thence N 891155'45" E a distance of 33.0 feet
to the point of beginning; thence continuing N 891 55'45" E a
distance1263.35 feet; thence S 00 04139" E a distance of 1297.05
feet; thence West a distance of 629.44 feet; thence N 0° 08'28" E a
distance of 132.51 feet; thence N 890 5 P 32" W a distance of
198.0 feet; thence S 0108128" W a distance of 333.0 feet; thence
West a distance of 30.0 feet; thence N 00 08'28" E a distance of
331.60 feet; thence N 89° 59'33" W a distance of 410.85 feet,
thence N 00 08' 28" E a distance of 963.84 feet to the point of
beginning lying `m the NWI/4 NE'/4 of Section 12., Township 18 North,
Range 11 East of the 6h 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 take over the mowing and general
maintenance of the Sports Complex grounds along with field preparation for the Veteran's Field
baseball diamond and Zimmerman Field softball diamond.
FOR VALUABLE CONSIDERATION, THE PARTIES DO HEREBY AGREE AS
FOLLOWS:
1. Term. The term of this Agreement shall be for three (3) years commencing on April
1, 2002 and terminating on March 31, 2005; 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
Page 1 of 4
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:
(1) Youth Sports Complex Facility: The Complex Board shall provide all:
(1) Garbage removal from the entire Sports Complex area and 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 ail baseball and softball fields and all City right-of-way
immediately adjacent to the Youth Sports Complex Facility;
(3) Cleaning of all bathrooms;
(4) Field preparation for all baseball and softball games including grading
of the fields and chalking of the foul lines; and,
(5) Painting of all field markings on all soccer fields.
Provided further, that 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
that the City will pay for all paint necessary to mark all of the soccer fields.
(2) Veteran's Field (Legion/Midget Field). The Complex Board shall be
responsible for preparation of the dirt portion of the infield located at
Veteran's Field, which preparation will include grading and chalking of -the
infield; City will be responsible for cleaning and maintaining all bathrooms,
trash removal from Veteran's Field and for all mowing.
(3) Zimmerman Softball Field. Complex Board shall be responsible for
preparation of the dirt infield at the Zimmerman Softball Field, which
preparation shall include. grading and chalking of all lines for the infield;
provided finther, that City shall be responsible for cleaning and maintaining
all bathrooms, trash removal from Zimmermann. Field and for all mowing.
3. City Obligation. As consideration for the services performed by Complex
Page 2 of 4
Board, City agrees to the following:
(1) Compensation. City agrees to pay to Complex Board, the sum of Fifteen
Thousand Dollars ($15,000.00), on or before May 1" of each year during the
term of this Agreement;
(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 ofBlair,
but that all maintenance during the term of this Agreement shall be at the
expense of the Complex Board.
4. Insurance, Complex Board agrees to provide City 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 26th day of March, 2002.
CITY OF BLMR, NEBRASKA ATTEST:
11,�x-
25W�MAYOR BRENDA R. TAYLOR, CLERK
BLAIR YOUTH SPORTS COMPLEX INC.
L41 . plwl-1
Page 3 of 4
STATE OF NEBRASKA )
WASBINGTON COUNTY )
Before me, the undersigned a Notary Public in and for said county and state, personally came
MICHAEL A MINES, Mayor of the City of Blair, Nebraska, and the above -signed, MARK
SEEFUS, 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 26th day of March, 2002
/L 2--
QENEM. NOTARY, swom*we NOTARY PUBLIC
BRENDA R. TAYLOR
My Comm. Exp. June 20, 2004
.. Page 4 of 4
RESOLUTION NO. 2007- 18
COUNCILMEMBER SCHEVE 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, Veteran's
Field and Zimmerman Field, a copy of which Agreement is attached hereto, marred Exhibit "A" and
by this reference made aparthereof,.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 FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL
CALL, COUNCIL MEMBERS STEWART, SHOTWELL, SCHEVE, FANOELE,
CHRISTIANSEN, WOLFF, ABBOTT AND BIFFAR VOTING "AYE", AND COUNCIL
MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND ADOPTED THIS 13TH DAY OF MARCH, 2007.
CITY OF BLAIR, NEBRASKA
BY
J REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. 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 13th day of
March, 2007.
k A)AL--
BRENDA R. 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 NEI/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
distance 1263.35 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'j2" W a distance of
198.0 feet; thence S 0° 08'28" W a distance of 333.0 feet; thence
West a distance of 30.0 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 6"' 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 take over the mowing and general
maintenance of the Sports Complex grounds along with field preparation for the Veteran's Field
baseball diamond.
FOR VALUABLE CONSIDERATION, THE PARTIES DO HEREBY AGREE AS
FOLLOWS:
1. Term. The term of this Agreement shall be for three (3) years commencing on April
1, 2007 and terminating on January 31, 2010; 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 January 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:
(1) Youth Sports Complex Facility: The Complex Board shall provide all:
(1) Garbage removal from the entire Sports Complex area and 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 and all City right-of-way
immediately adjacent to the Youth Sports Complex Facility;
(3) Cleaning of all bathrooms;
(4) Field preparation for all baseball and softball games including grading
of the fields and challcing of the foul lines; and,
(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) Weekly site inspection reports for condition of property and facilities
shall be reported by Complex Board, all inspection reports shall be
furnished by parks staff and 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.
Provided further, that 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.
(2) Veteran's Field (Legion/Midget Field). The Complex Board shall be
responsible for preparation of the dirt portion of the infield located at
Veteran's Field, which preparation will include grading and chalking of the
infield; City will be responsible for cleaning and maintaining all bathrooms,
trash removal from Veteran's Field and for all mowing.
3. Ci y Obligation. 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 Eighteen
Thousand Five Hundred Dollars ($18,500), on or before April 1" of each year
during the term of this Agreement;
(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.
4. Insurance. Complex Board agrees to provide City 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 T day of March, 2007.
CITY OF BLAIR, NEBRASKA ATTEST:L— vzl� - —&— 4
J ALPH, MAYOR BRENDA R. WHEELER, CITY CLERK
BLAIR YOUTH SPORTS COMPLEX INC.
Y
b2�J )� )�27�
DAN EMINGE President
RESOLUTION NO. 2011 - 1
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 Cleric are hereby authorized
and directed to execute same on behalf of the municipality.
COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHEPARD. UPON ROLL
CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, RYAN, WOLFF AND
JENSEN VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR
DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8TH DAY OF
FEBRUARY, 2011.
CITY OF BLAIR, NEBRASKA.
B —�
J M SREALPH, MAYOR
ATTEST:
Aa 4t" -
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. 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 8th day of
February, 2011
BRENDA R. 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 '/a corner of Section 12, Township 18 North, Range
11 East, and assuming the North line of the NE'/a 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 30.0 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 NW'/a NEI/a 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 along with field preparation for the Veteran's Field
baseball diamond.
FOR VALUABLE CONSIDERATION, THE PARTIES DO HEREBY AGREE AS
FOLLOWS:
1. Term. The term of this Agreement shall be for Four (4) years commencing on April
1, 2011 and terminating on January 31, 2015; 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
Page 1 of 4
upon delivery of said written notice, this Agreement shall terminate as of January 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
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 and all City right-of-way
immediately adjacent to the Youth Sports Complex Facility;
(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
Page 2 of 4
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.
(B)Veteran's Field (Legion/MidgetField). The Complex Board shall be -
responsible for preparation of the dirt portion of the infield located at
Veteran's Field for all games played on weekends and holidays, which
preparation shall include grading, chalking of the infield, and cleaning of
both dugout areas; City will be responsible for cleaning and maintaining all
bathrooms, trash removal from Veteran's Field and for all mowing.
3. City Obligation. 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
Two thousand and Five Hundred Dollars ($22,500), on or before April 1" of
each year during the term of this Agreement;
(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 as
necessary and as agreed between City and Complex board at time of annual
budget adoption. The Complex board shall submit request to replace the
mower(s) in writing prior to July 1 for the following year's budget period.
4. 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 Q day of February 2011.
Page 3 of 4
CITY OF BLAIR, NEBRASKA
By. 04,
JA S ALPH, MAYOR
BLAIR YOUTH SPORTS COMPLEX INC.
By
Tim Hoffman, President
STATE OF NEBRASKA )
WASHINGTON COUNTY )
ATTEST:
BRENDA R. WHEELER, CITY CLERK
Before me, the undersigned a Notary Public in and for said county and state, personally came
JAMES REALPH, Mayor of the City of Blair, Nebraska, and the above -signed, Tim Hoffinan,
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.
K'ebrOvg Cies.)
WITNESS my hand and seal this $ day of Jamey, 2011
NOTARY PUBLIC
t�IILNO�IRY • Stela of Nebaaka
IL WWOMM
My cmw . ,lune 20, Tdt2
Page 4 of 4
RESOLUTION NO. 2015 - 13
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 WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBERKEPHART. UPON ROLL
CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, WILLIS, ANDERSEN,
WOLFF, HALL AND JENSEN VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING
"NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
ADOPTED THIS 12TH DAY OF MAY, 2015.
CITY OF BLAIR, NEBRASKA
BY
,,::�-� L-, Yz-,
JA S ALPH, MAYOR
ATTEST:
6, tf�4 ' `u)U, -
BRENDA R. WHEELER, CITY CLERK
(SEAL]
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. 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 12'h day of May,
2015.
BRENDA R. WHEELER, CITY CLERK
MAINTENANCE AGREEMENT
This Agreement entered into by and between the City of Blau, Nebraska, hereinafter referred
to as "City" and the Blair Youth Sports Complex, Inc., hereinafter referred to as "Complex Board".
WHEREAS, on October 25,198 8, 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 NE%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° 5545" 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 NW`/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 along with field preparation for the Veteran's Field
baseball diamond.
FOR VALUABLE CONSIDERATION, THE PARTIES DO HEREBY AGREE AS
FOLLOWS:
1. Term. The term of this Agreement shall be for Five (5) years commencing on April
1, 2015 and terminating on March 31, 2020; 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
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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
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 and all City right-of-way
immediately adjacent to the Youth Sports Complex Facility;
(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;
(S) 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 fall 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
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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.
(B)Veteran's Field (Legion/Midget Field). The Complex Board shall be
responsible for preparation of the dirt portion of the infield located at
Veteran's Field for all games played on weekends and holidays, which
preparation shall include grading, chalking of the infield, and cleaning of
both dugout areas; City will be responsible for cleaning and maintaining all
bathrooms, trash removal from Veteran's Field and for all mowing.
3. City Obligation. 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 lst of each year during the term
of this Agreement;
(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 athree
year rotation starting with Fiscal year 2016. The City shall replace one mower
by April 1, 2016 and the second mower by April 1, of 2017, then each mower
shall be replaced based on the three year rotation.
(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 the first $500.00 of water charges annually from park funds 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. 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
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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 day of May 12th, 2015.
CITY OF BLAIR, NEBRASKA
By
JA E REALPH, MAYO
BLAIR YOUTH SPORTS COMPLEX INC.
r
By.
Dean Thoene, President
STATE OF NEBRASKA
WASHINGTON COUNTY ) :ss:
. _6�� �'
ATTEST:
"jk
BRENDA R. WHEELER, CITY CLERK
Before me, the undersigned a Notary public in and for said county and state, personally came
JAMES REALPH, 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 1 Z- day of May 12, 2015
NOTARY PUBLIC
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