2011-01RESOLUTION 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 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 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
J S 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 8 th 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 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° 55'45" E a
distance 1263.3 5 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 NE /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 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
111 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
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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
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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/Mid etg 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
Two thousand and Five Hundred Dollars ($22,500), on or before April 1 St 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 2 day of February 2011.
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CITY OF BLAIR, NEBRASKA
C::��, r
B JANYES I�E HP MAYOR �
BLAIR YOUTH SPORTS COMPLEX INC.
By 2 ` a
Tim Hoffman, President
STATE OF NEBRASKA )
) : ss:
WASHINGTON COUNTY )
ATTEST:
BREN 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 Hoffman,
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.
F&Rkavy gem
WITNESS my hand and seal this day of Jay, 2011
NOTARY PUBLIC
II.NQOWY- So of NOW
MrAl iA 11.WHOM
Nty Comm. EVjuW 20, M2
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CITY Of B
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' ���
wise 0f a
February 23, 2011
Tim Hoffman
1051S.17 th Avenue
Blair, Nebraska 08008
RE: Blair Youth Sports Complex Agreement
Dear Tim,
Enclosed are three (3) copies of the above agreement for your signature. After signing, please
return all copies to me. A fully executed agreement will be returned to you at a later date.
If you have any questions, feel free to contact me. Thank you in advance for your assistance in
this matter.
Sincerely,
plz�
Brenda Wheeler
City Clerk
Enc
OPPORTUNITY
OPPORTURIYY
218 South 16th Street • Blair, Nebraska 68008 • 402 - 426 -4191 • Fax 402 -426 -4195 • E -mail cityofblair @ci.blair.ne.us