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HomeMy WebLinkAboutRESOLUTION NO. 2016-20 RESOLUTION NO. 2016-20 RESOLUTION ENTERING INTO A PARK LEASE AGREEMENT WITH FAIRFAX YOUTH SPORTS ASSOCIATION WHEREAS, Fairfax Youth Sports Association organizes sports activities for the City of Fairfax; and WHEREAS, the City of Fairfax wishes to provide facilities to hold these sport activities; and WHEREAS,the City of Fairfax and Fairfax Youth Sports Association have drafted a Park Lease Agreement that details the responsibilities and rights of each group concerning these park facilities. NOW, THEREFORE, BE IT RESOLVED that the Fairfax City Council does hereby approve and enter into the attached Park Lease Agreement with Fairfax Youth Sports Association. BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this 8th day of March, 2016. AYES: Beer, Daly, Volk, and Wainwright NAYS: None ABSTAIN: Kell Burnell G. Frieden, Mayor ATTEST: )61 Cynthia Stimson, City Clerk/Treasurer 4 t• ••'•••NUYMit CITY OF FAIRFAX, IOWA PARK LEASE AGREEMENT WITH FAIRFAX YOUTH SPORTS ASSOCIATION This lease agreement, executed in duplicate, made and entered into this 8th day of March, 2016, by and between CITY OF FAIRFAX, IOWA, an Iowa municipal corporation whose corporate boundaries are located wholly within Linn County, Iowa, (hereinafter called the "Landlord") whose address for the purpose of this lease agreement is 525 Vanderbilt Street, Fairfax, Iowa 52228 and FAIRFAX YOUTH SPORTS ASSOCIATION (FYSA) (hereinafter called the "Tenant") PROVIDES AS FOLLOWS: 1. PREMISES AND TERM. In consideration of one dollar ($1.00) and other good and valuable consideration, the Landlord hereby leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the concession stand and athletic fields situated within the Fairfax Regional Sports and Park Complex, Fairfax, Iowa, and the concession stand and athletic fields situated within City Park, Fairfax, Iowa, for one (1) year, commencing April 15, 2016, and ending April 14, 2017, provided Tenant at all times fully performs all of the obligations of Tenant under this Lease. 2. RENTAL. (a) Landlord will: 1. Establish rental rates by resolution of the Fairfax City Council for the athletic fields, receipt the rental fees, and issue a check at the end of the organized activity season for 75% of these rental fees to Fairfax Youth Sports Association. 2. Take reservations from private individuals for the free use and reservation of the park pavilion after verifying that no authorized activity or prior reservation is already scheduled at that time and then communicate this reservation to the Tenant. (b) Tenant will: 1. Coordinate any rental of the athletic fields based on the rental fees and procedures established by resolution of the Fairfax City Council. 2. Collect rental fees and give this money to the Fairfax city clerk's staff. 3. POSSESSION. Tenant shall be entitled to take possession commencing April 15th of each year. The Landlord reserves the right to enter the concession stand at any time, inspect the condition of the concession stand, and request adherence to the terms of the lease as may be needed. Official inspectors shall be granted access to perform any required inspections. 4. USE OF PREMISES. Tenant agrees during the term of this lease to use and to occupy the leased premises only for retail sales of food, non-alcoholic beverages, and FYSA promotional 1 items to the general public during the times when any authorized activity is being conducted at such park and FYSA events. 5. CARE AND MAINTENANCE OF CONCESSION STAND: (a) Landlord will: 1. Keep the roof, structural part of the floor, walls and other structural parts of the building in good repair. 2. Provide needed general janitorial supplies,janitorial equipment, trash cans, trash bags, toilet paper, paper towels for the dispensers, light bulbs, electricity, water, and keys. 3. Provide a working water heater and water fountain. 4. Remove trash accumulated during non-FYSA authorized activity times. 5. Provide dumpsters for the accumulation of trash and arrange for the emptying of said dumpsters. 6. Provide a checklist for opening and closing procedures. 7. Clean restrooms and common area. This cleaning will take place during regular City of Fairfax work hours. 8. See that the building is winterized to avoid damage. 9. See that the building is made ready in the spring. (b) Tenant will: 1. Provide any needed kitchen appliances and equipment. 2. Provide all items intended for sale. Pay all vendors in a timely fashion. The Landlord shall not be responsible for Tenant's debt. 3. Pay any sales or other taxes attributable to the Tenant's operations. 4. Provide staffing to run the concession stand during their authorized activities. 5. Ensure the thorough cleaning of the concession stand after each of their authorized activities. Should the restrooms and common area need immediate cleaning during a Tenant authorized activity, Tenant will be responsible to make the areas usable. 6. Not allow said premises to be damaged by any act or negligence of the Tenant, its volunteers, agents, or employees. Pay restitution for any damage or destruction that is a result of the acts of the Tenant, its volunteers, agents, or employees. 7. Make no structural alterations or improvements or attach any items to the walls without prior written approval of the Landlord regarding the plans and specifications therefore. 8. Provide any kitchen specific, special use janitorial supplies. 9. Clean all trash accumulated on said premises or within thirty feet of the concession stand structure during and after each of their authorized activities and place all trash accumulated in the appropriate dumpsters or a designated recycling area. 10. Ensure that the concession stand is secured after each use and lights, water, and any appropriate kitchen appliances are off. 2 11. Report any damage, hazard, or needed maintenance to city staff immediately. Specifics are to be documented in writing. 12. Provide their own cash till. 13. Comply with and secure all necessary licenses, permits, and certificates required by, and shall conduct its activities in accordance with, all federal, state, and local statues, rules, and regulations to carry out its responsibilities under this agreement. 14. Not sell or have in the concession area any tobacco, cigarettes, or cigarette papers. No smoking is allowed in the building. 15. Not sell any alcoholic beverages of any kind. 16. Have a designated person sign-out numbered keys at the city clerk's office for the building. Ensure only authorized use of the keys. Ensure no duplication of the keys. Ensure the safe keeping of the keys. The Tenant will notify the City of Fairfax immediately if any keys are lost or stolen. Reimburse the Landlord for any costs associated with re-keying the building due to Tenant's loss of any keys. 6. CARE AND MAINTENANCE OF ATHLETIC FIELDS AND STORAGE AREA: (a) Landlord will: 1. Keep the fencing, batting cage, concrete sidewalk, bleachers, and lighting in good repair. 2. Provide needed irrigation system and operate said system. 3. Mow and treat grass with chemicals or fertilizer as needed. Treat weeds with chemicals as needed to stop weed growth and remove weeds that manage to grow. 4. Remove trash accumulated during non-FYSA authorized activity times. 5. Provide containers, dumpsters, and trash bags for the accumulation of trash and arrange for the emptying of said dumpsters. 6. Allow storage in the attached storage garage for FYSA's sports equipment and field maintenance equipment. The Landlord will designate the amount and placement of items in this storage area. 7. Make keys available to the tenant in order to move landlord's equipment if that equipment is in the way of accessing the tenant's equipment. (b) Tenant will: 1. Provide any needed sports equipment and field maintenance equipment and supplies. 2. Place all trash accumulated in the appropriate dumpsters or a designated recycling area. 3. Ensure the thorough cleaning of the sports fields, batting cage, parking lot, playground area, and the immediate surrounding area after each of their authorized activities. 4. Not allow said premises to be damaged by any act or negligence of the Tenant, its volunteers, agents, or employees. Pay restitution for any damage or destruction that is a result of the acts of the Tenant, its volunteers, agents, or employees. 3 5. Make no structural alterations or improvements or attach any items to the walls, fences, or outside of the building without prior written approval of the Landlord regarding the plans and specifications therefore. 6. Provide any needed staffing for the authorized activities. 7. Coordinate the scheduling of the organized use of the athletic fields and communicate the schedule for all activities to the city clerk's office. 8. Report any damage, hazard, or needed maintenance to city staff immediately. Specifics are to be documented in writing. 9. Perform needed field maintenance activities during their authorized activities. 10. Ensure only properly trained individuals operate the field lights. 7. UTILITIES AND SERVICES. (a) Landlord shall: 1. Pay the electricity bill for the park at no expense to the Tenant. 2. Provide for the removal of properly bagged trash in the dumpsters from the premises at no expense to the Tenant. 3. Provide water and sewer service at no expense to the Tenant. 8. SURRENDER OF PREMISES. Tenant agrees that upon the termination of this lease, it will surrender and deliver the leased premises in good and clean condition, except for the effects of ordinary wear and tear. Tenant may, at the expiration of this lease or at a reasonable time thereafter, if Tenant is not in default hereunder, remove any equipment which said Tenant has installed in the leased premises, providing said Tenant repairs any and all damages caused by removal. 9. ASSIGNMENT AND SUBLETTING is strictly prohibited and shall be deemed a breach of this agreement unless express prior written approval thereof has been received from Landlord. 10. INSURANCE. (a) Landlord shall: 1. Provide at its own expense insurance for the building, lighting, and fencing. 2. Provide at its own expense insurance for any City owned equipment stored in the building. 3. Provide liability insurance for the property. (b) Tenant shall: 1. Provide at its own expense insurance for any Tenant owned equipment and supplies stored in the building. 2. Name the City of Fairfax as an also insured on their liability insurance. 3. Provide liability insurance in amounts not less than $2,000,000 aggregate and $1,000,000 per occurrence; products and completed operations insurance not less than $1,000,000; and medical expense insurance not less than $5,000. 4. Agrees to assume full and absolute responsibility for, and to defend, hold harmless and indemnify the Landlord and its officers, volunteers, agents, and 4 employees for any and all claims, damages, and losses to persons or property in any way resulting from the tenant's care, operation, or use of the area and activities covered by this agreement. 5. Provide a certificate of insurance showing these provisions. 11. RIGHT OF EITHER PARTY TO TERMINATE LEASE. If default shall be made by either party in the performance of, or compliance with, any of the terms or conditions of this lease, or if either party is unable or unwilling to comply with any terms or conditions of this lease, this lease may be terminated thirty (30) days after written notice thereof from one party to the other. Any written violations not rectified within 72 hours shall be cause for immediate termination of the agreement by the Landlord. 12. CHANGES TO BE IN WRITING. None of the provisions, terms or conditions of this lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. 13. This agreement contains the whole agreement of the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicate this day and year first above written. CITY OF FAIRFAX, IOWA(Landlord): By: - =- I .<< Burnell G. Frieden, Mayor FAIRFAX YOUTH SPORTS ASSOCIATION(Tenant) I1 By.qiirt 4 _♦A. 5