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Home My WebLink About3624RESOLUTION No. 3 6 2 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN (CITY) AND AUBURN LITTLE LEAGUE TO DESCRIBE THE JOINT USE OF PROPERTY KNOWN AS GSA BALLFIELD. WHEREAS, the City of Auburn has adopted and approved the appropriation of Fifty Thousand and No/100s Dollars ($50,000.) in Ordinance 5737 for the design, development, and maintenance of a youth baseball/softball field at GSA Park; and WHEREAS, the City of Auburn and Auburn Little League have agreed to collaborate in this project, with Auburn Little League providing cash, materials, and in- kind labor in the project; and WHEREAS, this Agreement for Joint Use provides the guidelines by which this project will be developed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an agreement with Auburn Little League. A copy of the Agreement is attached hereto, designated as Exhibit "A", and incorporated by reference in this Resolution. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED AND SIGNED this ~7,/Z5 day of July, 2003. Resolution No. 3624 July 9, 2003 Page 1 of 2 CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: IJa~ B. Heid~ v City Attorney Resolution No. 3624 July 9, 2003 Page 2 of 2 Joint Use Agreement City of Auburn and Auburn Little League This Agreement is entered into between the City of Auburn ("City") and AUBURN LITTLE LEAGUE ("League") for the purpose of describing the terms and conditions under which the City and League shall make joint use of the below described property, owned by the City, commonly knows as GSA BallField located at 1200 C Street SW, Auburn, Washington. Legal Description: Parcel #242104-9075 Boundary: Auburn, King County QSTR: NE-24-21-04 Grid: 0908 The term of this Agreement shall be ten (10) years from the date of execution. Either party may terminate this Agreement by giving written notice to the other at least one hundred eighty (180) days prior to the intended effective date of termination. This Agreement may be renewed and/or extended beyond the date of termination if agreed upon by both the City and the League. The League shall contribute not less than fourteen thousand three hundred and twenty- five dollars to the City for construction of the Field, which contribution shall be paid to the City not later than the 1 st day of July, 2003. In the event of termination of this agreement by the City within the Agreement term after the contribution described above has been paid to the City by the League, the City shall reimburse League in the amount of one hundred nineteen dollars and 38/100 ($119.38) per month for each month of the of the initial term of this Agreement remaining upon such termination to compensate the League for the contributions made by League for construction of the Field by the City. o The City may complete at its own costs and expense any capital improvements deemed necessary by the City. Nothing shall preclude League from contributing additional funds to the City for development and improvements of the Field, provided that the League will not make any improvements to the Field without review and written approval of the City. o League shall be entitled to use the Field for league practices, games and tournaments only, or as otherwise agreed to in writing. The League may authorize those individuals registered with the League to use the Field for purposes authorized by this Agreement. Use of the Field at the below identified times shall be without charge by the City. Use of the field by the City and League is expressly intended for use by youth ages 12 and under. Resolution 3624 Exhibit A - Joint Use Agreement July 9, 2003 Page 1 of 4 o On or before February 1 of each year during the term of the Agreement, the League shall submit to the City its request for dates and times for use of the Field. For scheduling purposes, the following general calendar is agreed upon: March 1 - March 31 April 1 - June 30 April 1 - June 30 April 1- June 30 July 1 - August 31 September 1 -September 30 October 1 - February 28 Sunday-Saturday Saturday-Sunday Two (2) Weekdays Three (3) Weekdays Sunday - Saturday Sunday- Saturday Sunday-Saturday Auburn Little League Auburn Little League Auburn Little League City of Auburn City of Auburn Auburn Little League Field Closed o During the term of this Agreement, the City shall have the right of entry to the Field for the purpose of development and maintenance on the Field. To the extent possible, the work upon the Field shall be performed in such a manner as to reduce interruptions and interference with scheduled League operations. The City shall provide the League with a schedule for performance of onsite work to be performed by the City, and shall update the schedule as necessary. Turf areas, irrigation, fencing and all other Field amenities shall be maintained by the City at a level which is consistent with other City owned athletic facilities. 10. The City, or its designee, shall be entitled to use motorized vehicles to provide field maintenance, including field preparation, striping, fertilization, and other services performed by the City. No other parties, including the League shall be authorized to use motorized vehicles to provide field maintenance, other than with the express prior written consent of the City. The League shall be authorized to perform certain tasks of field maintenance by non-motorized means including field preparation. 11. The City and League agree to exercise best efforts to develop such additional joint operation and maintenance agreements as is needed and as evolving circumstances may dictate, and in that regard, the parties agree to meet and confer as to maintenance and operations, by meetings between the City Park and Recreation Director, or designee and the President of Auburn Little League, or designee, on at least a semi-annual basis, either party being entitled to call such a meeting. 12. The League agrees to hold the City harmless and indemnify and defend the City against any and all claims or liability for injury or damage to any person or property and costs incidental thereto to the extent permitted by law for any liability stemming from the negligence of the League in the use and occupancy of the Field for League sponsored or controlled activities to the extent such damage is not attributable in whole or part to some act or omission of the City. The City agrees to hold the League harmless and indemnify and defend the League against any and all claims or liability for injury or damage to any person or property and costs incidental thereto to the extent caused by the negligence of the City in the use and occupancy of the Field for City sponsored or controlled activities to the extent such damage is not attributable in whole or part to some act or omission of the League. Resolution 3624 Exhibit A - Joint Use Agreement July 9, 2003 Page 2 of 4 13. 14. 15. 16. The League shall furnish to the City a Policy of Liability Insurance for at least $1,000,000 naming the City as additionally insured on an annual basis, insuring the parties for liability arising out of the use or operation of the ball fields provided for herein. The City and League agree that this Agreement sets forth completely the terms of the agreement and understanding, that this Agreement supersedes any all prior agreements or understandings, both oral and written, and that this Agreement cannot be modified without the express written consent of the City and the League. No real property interest in the Field is conveyed or conferred to the League by this Agreement, it being specifically understood by the City and the League that this Agreement does not create nor vest any interest in or title to the Field in the League. The City and League have taken action, independent of this Agreement, to budget and to provide the financing necessary to perform their respective obligations under this Agreement. This Agreement and all questions regarding the capacity of the City and League, execution, validity (or invalidity), and performance of this Agreement, shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. EXECUTED this ~'~2/haY of :~~f ,2003. AUBURN LITTLE LEAGUE B CHARLIE F~PTON PRESIDENT tXltTER B. LEWIS MAYOR Date Date ATTEST: Resolution 3624 Exhibit A - Joint Use Agreement July 9, 2003 Page 3 of 4 'Da~lelle E Daskam City Clerk D~i B. HeiSt~ ~ ~ N,,.. .... City Attorney Resolution 3624 Exhibit A - Joint Use Agreement July 9, 2003 Page 4 of 4