HomeMy WebLinkAbout05(K) - Approval of Field Use Agreement – Prior Lake Athletics for Youth Report1 of 6
FIELD USE AGREEMENT
PONDS AND RYAN PARKS
This Field Use Agreement (“Agreement”) is entered into this _____ day of __________,
2023 by and between the City of Prior Lake, a Minnesota municipal corporation (“City”) and
Prior Lake Athletics for Youth (P.L.A.Y), a __________________________________________
(“User”). City and User are referred to throughout this Agreement collectively as the “parties”
and each individually as a “party”.
Recitals
A. City owns and operates Ponds Park located at 17429 Ponds Parkway, and Thomas Ryan
Memorial Park located at 4600 Busse Parkway (“Parks”). The Parks consist of athletic
fields, dugouts, bleachers, backstops, fencing, lighting, trash receptacles, several
structures and shelters, and other related amenities.
B. User uses the Parks for athletic activities for its members, participants and guests.
C. The parties desire to enter into this Agreement to set forth their obligations in relation to
the Parks including but not limited to use, scheduling, costs, operation, maintenance,
liability and insurance.
Now, therefore, based on the mutual promises and covenants set forth herein, the sufficiency of
which are hereby acknowledged, the City and User agree as follows:
1. Recitals. The recitals set forth above are incorporated herein as if fully set forth.
2. Ownership. The City is and will continue to be the owner of the Parks regardless of any
agreements related to the use and operation of the Parks. The property tax status of the
Parks shall be determined on the basis of the treatment by Scott County. The Parks are
currently tax exempt and are expected to remain tax exempt. In the event one or both of
the Parks should become taxable due to the User’s use, the User shall be solely
responsible for all such taxes.
3. Use. User may use the Parks for athletic activities for its members, participants and
guests provided such use is in compliance with this Agreement.
4. Consideration. Consideration for User’s use of the Parks shall consist of User’s operation
and maintenance obligations under this Agreement.
5. Term and Termination. Unless earlier terminated by either party, this Agreement shall
continue in effect for 5 years commencing on the date set forth above. This Agreement
may be terminated by either party by thirty (30) days’ written notice delivered to the
other party at their normal operating address.
6. Scheduling.
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a. Tournament schedules for the following year shall be submitted to the City by the
User by December 15 each year
b. Requests for field lighting must be submitted to the City by the User at least one
(1) week in advance of the date the lights are needed.
c. The City may close the Parks or any portion of the Parks for maintenance, repair
or other reasons. The City shall notify the User of any such closure in advance
whenever possible.
7. City Obligations. The City shall be responsible for the following obligations relating to
the Parks:
a. Mow, fertilize and maintain turf, including weed treatments in the field areas
b. Operate and maintain the irrigation system
c. Spray infield and warning track for weeds, and maintain edge along warning track
d. Remove trash, maintain trash receptacles, and supply trash bags
e. Operate and maintain field lighting including payment of utilities for operation of
field lighting
f. Provide restroom supplies and coordinate janitorial services.
g. Maintain parking areas including striping, signage, snow plowing, patching,
paving and replacement
h. Maintain all structures at the Park, including but not limited to painting, repairs
and replacement
i. Provide and pay for all needed utilities including electric and water
8. User Obligations. The User shall be responsible for the following obligations relating to
the Parks:
a. Maintain the infield including dragging, field preparation, painting/chalk/striping,
and raking.
b. Provide, maintain and store the necessary equipment for the baseball field
operations and replace equipment as needed. Equipment includes but is not
limited to rakes, draggers, striping equipment, pitching rubbers, bases and base
markers, batting cages and nets, batter’s eye, windscreens, and other optional field
amenities.
9. Improvements. All improvements shall be subject to the City’s review and approval. The
parties shall discuss any desired improvements and mutually agree on the design and
financing of such improvements.
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10. Use of Parks. User shall use the Parks only as follows:
a. The Parks may be used for practices, games and tournaments.
b. Parking areas may only be used when User is scheduled to use the Parks.
c. User may install and maintain signs and banners subject to the City’s sign
regulations.
d. User may operate the snack bar and retain all profits from sales.
e. User may not make any temporary or permanent alternations to the sites without
permission from the City in advance.
f. User must follow all applicable federal, state and local rules and regulations.
g. User shall not allow the use of any illegal substances of any kind while on City
property.
h. User must notify the City immediately of any concerns including but not limited
to safety concerns, maintenance issues and damage/graffiti.
i. After every use, User shall secure the Parks including restrooms, structures and
field.
11. Other Users. The City has entered into use agreements with other users for use of the
Parks. Those other users may have rights to use and obligations to maintain the Parks.
User shall cooperate with all other such users regarding maintenance and use of the
Parks.
12. Supervision. User shall be responsible for the supervision of its members, participants
and guests while at the Parks. User shall ensure that its members, participants and guests
comply with all terms and conditions of this Agreement. User shall be responsible for the
actions and inactions of its members, participants and any guests.
13. Claims. User shall be responsible for any damages or injuries resulting from User’s use
of the Parks and waives all claims against the City for such damages or injuries. Each
party shall be responsible for damages to or loss of its own equipment.
14. Indemnification. User shall indemnify, defend and hold the City and its employees,
contractors, agents, representatives, elected and appointed officials, and attorneys
harmless from any and all claims, damages, losses, costs and expenses, including
attorneys’ fees, arising from, based on, or related to User’s use of the Parks or User’s
failure to comply with this Agreement. City will indemnify and hold User harmless from
and against any loss for injuries or damages arising out of the negligent acts of the City,
its employees, contractors, agents, representatives, elected and appointed officials and
attorneys.
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15. Insurance.
a. The City shall maintain property insurance for the Parks and the structures located
at the Parks.
b. User shall maintain the following insurance:
i. Commercial Liability. A general commercial liability insurance policy
with limits of at least $1,000,000 for each person, and each occurrence,
for both personal injury and property damage. User shall provide City
with a Certificate of Insurance verifying insurance coverage and naming
the City as an additional insured on the policy.
ii. Worker's Compensation. Such insurance as will protect User from claims
under the Worker's Compensation Acts.
c. Nothing herein shall be deemed to waive any statutory limits of liability granted
to the parties.
16. Joint Venture. Nothing herein creates a joint venture. At all times and for all purposes,
the parties remain separate entities responsible for their own actions, employees and
volunteers.
17. Assignment. User shall not assign any part of this Agreement, or any interest arising
herein, without the prior written consent of the City.
18. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota. Venue and jurisdiction for any action, suit or proceeding arising out of this
Agreement shall be only in the courts of Scott County, Minnesota or the federal courts
for the United States for the District of Minnesota.
19. Entire Agreement. This Agreement constitutes the entire agreement between the parties
with reference to the subject matter hereof and supersedes all prior negotiations,
understandings, representations and agreements between the parties. The terms of this
Agreement shall not be altered or modified except in writing and executed by both
parties.
20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
21. Waiver. No action nor failure to act by the City or the User shall constitute a waiver of
any right or duty afforded any of them under this Agreement, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except
as may be specifically agreed in writing.
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22. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the City and the User have caused their names to be signed
by their respective officers thereunto duly authorized as of the date and year first written above.
USER: Prior Lake Athletics for Youth (P.L.A.Y)
By:
Its:
CITY OF PRIOR LAKE
By: ______________________________
Kirt Briggs, Mayor
By: ______________________________
Jason Wedel, City Manager