2007-18RESOLUTION 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, 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 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.
ATTEST:
( ij4{ 3Gv'l-..
BRENDA R. WHEELER, CITY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
BY �--�
J REALPH, MAYOR
STATE OF NEBRASKA )
WASHINGTON COUNTY )
:ss:
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 13 day of
March, 2007.
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 NE1 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 NW1/4 NE14 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)
(5)
(
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,
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.
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 (Leaion/Midaet 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. 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 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 day of March, 2007.
CITY OF BLAIR, NEBRASKA ATTEST:
BLAIR YOUTH SPORTS COMPLEX INC.
DAN EMINGEW, President
b i, 4, 6U /L
BRENDA R. WHEELER, CITY CLERK