2021-42RESOLUTION NO. 2021- 42
COUNCILMEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City entered into an agreement with The Blair Youth Cubs Baseball
organization to coordinate scheduling and use for baseball, softball, soccer, and other sporting
activities on city fields known as Petersen and Zimmermann on April 10, 2018.
WHEREAS, this agreement was approved for five (5) years expiring on April 30, 2023.
WHEREAS, the Cubs organization is entering into a bank note for ten (10) years for the
purchase and installation of lights on city ballfields and are requesting an extension of their current
agreement until April 30, 2031.
WHEREAS, the attached Agreement was reached between the parties, as Exhibit "A"
granting the extension of the current agreement until April 30, 2031.
NOW, THEREFORE, BE IT FURTHER RESOLVED that said Resolution is hereby
adopted and approved by the municipality and the Mayor and City Clerk of the City of Blair are
hereby authorized and directed to execute the same on behalf of the municipality.
COUNCIL MEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER RUMP. UPON
ROLL CALL, COUNCIL MEMBERS SCHANK, ENSEN, HALL, WILLIS, RUMP, STEWART
AND SHEPARD VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE
MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS
23RD DAY OF NOVEMBER 2021.
CITY OF BLAIR, NEBRASKA
BY
ATTEST:
B A WHEELER, CITY CLERK
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RICHARD HANSEN, MAYOR
STATE OF NEBRASKA )
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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 23rd day of
November 2021.
BRENDA WHEELER, CITY CLERK
SCHEDULING and USE AGREEMENT
This Agreement is entered into on the ;.3 day of November, 2021, by
and between the City of Blair, Nebraska, hereinafter referred to as "City" and
the Blair Cubs Youth Baseball, a 501(c)3 tax exempt organization under the
Internal Revenue Code, hereinafter referred to as "Cubs".
WHEREAS, the City has acquired Tax Lots 425 and 643, located in
Section 11, Township 18N, Range 11E, which contain the former Dana
Baseball field known as Paul Petersen Field and Softball Field known as R. D.
"Moose" Zimmerman Field, (hereinafter known collectively as the "property") for
the use and benefit of youth and adult recreational uses which include, but not
limited to baseball, softball, soccer, and etc.; and,
WHEREAS, City and Cubs desire to enter into an agreement to
coordinate scheduling and use for baseball, softball, soccer and other sporting
activities at the aforementioned ball fields that shall retain the names Paul
Petersen Baseball Field and R. D. "Moose" Zimmerman Softball Field, along
with any and all memorial dedication plaques by City; and,
WHEREAS, the Cubs have indicated a desire to provide the scheduling of
the aforementioned property (Baseball and Softball Fields) and assist in
providing general maintenance and upkeep to the playing fields and other
appurtenances, to include but not limited to, field maintenance care, fencing,
dugouts, lighting, bleachers, concession areas, restrooms, in return for being
the primary user of the fields; and,
WHEREAS, City is desirous to enter into a partnership with the Cubs to
operate the property for the benefit of the community and to promote economic
stimulus by bringing teams and their fans to Blair.
FOR VALUABLE CONSIDERATION, THE PARTIES DO HEREBY AGREE AS
FOLLOWS:
Term. The term of this Agreement shall be for Ten (10) years commencing on
April 30, 2021 and terminating on April 30, 2031. However, either party may
terminate this Agreement by giving written notice to the other party on or
before December 31st of any year. Upon delivery of said written notice, this
Agreement shall terminate as of the April 30th immediately following the date
of delivery of said written notice.
Cubs Duties: The Cubs agree to perform the following services and duties
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during the term of this Agreement:
A. Cubs shall provide and/or assist with the following activities:
1. Provide for -all scheduling for use of the fields for baseball, softball,
soccer, and other recreational uses for official games and practices to
maximize the use of the fields for the benefit of Cubs affiliated teams and
other Blair area teams that will bring teams from outside the Blair area
to the community to enhance business opportunities for Blair area
businesses.
2. Assist Park Department Staff in maintaining fencing, dugouts, lighting,
bleachers, concession areas, restrooms by providing volunteers as
available.
3. Be responsible for preparing fields for use, for all games by Cubs and
Cubs affiliated teams, and make available equipment for non-affiliated
teams to rake and mark fields for their games and practices.
4. Provide scheduling availability of non -Cub affiliated teams to use the
fields for games and practices at no charge, unless such charge shall be
approved in advance by the City, where teams have a predominance of
players from Blair and Blair School District. It shall be agreed and
understood the Cubs shall have priority use only to the degree of
assistance the Cubs and Cubs volunteers are providing assistance in
maintaining facilities and making sure times are available for others to
have access to the fields. Generally, the priority for use of the fields shall
be Cubs, Non -Cub affiliated teams, but teams in which have
predominate Blair/BPS kids, non Cub affiliated teams with no Blair
Connection. Blair Schools and YMCA shall maintain priority per five (5)
and six (6) below.
5. Establish a schedule that gives priority to Blair Public Schools for spring
baseball practices and games by Varsity, Junior Varsity, and Reserve
teams.
6. Work with the YMCA to provide a series of dates for the YMCA adult
recreational softball league(s), both summer and fall.
7. Cubs shall provide the City with bi-weekly site inspection reports
outlining the condition of all facilities and any concerns relative to
improvements needed to make sure all facilities 'are being maintained in
a safe condition. All inspection reports shall be furnished by parks staff,
which will assist in training Cubs volunteers and personnel to do the
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said safety inspections. All inspection reports must be returned in full at
the end of'each month, and new reports will be issued. All inspection
reports shall be kept on file at the Parks Office.
8. Should the bi-weekly inspections reveal any safety concerns, the Cubs
shall be responsible for canceling all further use of the facilities until it is
determined that activities can proceed safely or repairs have been made, and in
which case, the City agrees to assist in making repairs as timely as possible,
when considering personnel, financial, and time restraints.
9. City and Cubs further agree that the Cubs shall furnish a complete
list of scheduled games and practices to the City of Blair Parks Department
within twenty-four (24) hours of scheduling an activity so that the City can
prepare the fields in conformity with this Agreement.
10. If the Cubs host a tournament at the Property, the Cubs may
retain all monies collected pursuant that event, including, but not limited to,
gate fees, tournament fees, and concession stand proceeds.
B. City Obligation. City agrees to the following:
1. City agrees to provide all supplies and equipment for marking fields,
mowing fields and balance of tax lots, and maintain all parking areas,
including rock as needed, as determined by the City.
2. City will be responsible for dragging the infields during weekdays as
weather permits and based on schedule provided by Cubs for scheduled
games. Weekend use will be the responsibility of the entity utilizing the fields.
Cubs will be responsible for developing a protocol for entities utilizing the field
on weekends that said entities are capable and educated in the proper
maintenance and dragging of the property.
3. City will provide park staff oversight, labor, and materials to make
improvements to field, to include, but not limited to, fences, back stop, fields,
dugouts, buildings, etc. as needed for safety, and aesthetics as funds shall be
available in the City budget as adopted periodically by the Mayor and City
Council. City shall be responsible for all utility costs for said property.
Now, therefore, it is agreed by all parties that:
4. City and Cubs agree that Cubs may be authorized to make
improvements to the said property, but only with the written, prior consent of
the City. Cubs may be authorized to make improvements with or without City
participation in the costs. If the Cubs make improvements to the said
property, it shall immediately become the property of the City and remain the
property of the City upon termination of this agreement; unless the City should
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require Cubs to remove the said improvements
5. City and Cubs agree that the fields shall be available for the general
public and/or general teams for practice or use any time there is no scheduled
games or practices and that the City will post a sign stating the availability by
the public, but that games, practices, or other activities scheduled through the
scheduling procedures shall have priority.
6. City and Cubs further agree that at any time should a team need the
fields to reschedule,a makeup game, that the Cubs scheduler shall have the
authority to cancel a previously scheduled practice with at least twenty (24)
hours' notice.
7. Addresses for Mailing Notices.
City of Blair
City Administrator
218 S. 16th Street
Blair, NE 68008
(402)426-4191
City of Blair Parks Department
218 S. 16th Street
Blair, NE 68008
(402)426-5244
Matt Baughman
President of Blair Cubs
This Agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors and assignees.
ATTEST:
CITY CLERK
L
CITY OF BLAIR, NEBRASKA
By
RICHARD HANSEN, MAYOR
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STATE OF NEBRASKA )
):ss:
WASHINGTON COUNTY )
The above and foregoing Agreement was acknowledged before me, a Notary
Public, by RICHARD HANSEN, MAYOR, City of Blair, Nebraska, on behalf of the
City, this 2 3 day of November 2021, and he acknowledged the execution of the
foregoing Agreement to be his voluntary act and deed for the purposes therein
set forth.
Notary Public
GENERAL NOTARY - State of Nebraska
SARAH R. BACKMAN
My Comm. Exp. April 10, 2025
FOR THE BLAIR CUB YOUTH BASEBALL:
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PR ;91DZ= OF BLAIR CUBS YOUTH BASEBALL
STATE OF NEBRASKA )
) : ss:
WASHINGTON COUNT Y )
D abboo e nd �"re o'ng A reement was acknowledged before me, a Notary
Public y r` ° of the Blair Cubs Youth Baseball this
day of��, 20 , and he acknowledged the execution of the foregoing
Agreement t �e l's voluntary act and deed for the purposes therein set forth.
GENERAL. NOTARY - State of Nebras � v
BRENDA R WHEELE �T tary Public
� My Comm, Eap, June 20, 2024
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