8.6 Sup Agr ECRA Costs CITY OF SALINA
REQUEST FOR COMMI SS I ON ACTION DATE TIME
3/23/92 4:O0 P .M.
AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 City Attorney AGENDA:
NO. Greg Bengtson
6 BY: BY: /~
Resolution Number 92-4443, authorizing the Mayor to execute and the City
Clerk to attest an addendum to an agreement between the City of Salina,
Kansas and Saiina Baseball Enterprises, Inc., a Kansas not for profit
corporation.
On February 25, 1991, the Commission approved an agreement with Salina
Baseball Enterprises, Inc. addressing matters of private fund raising,
scheduling and operations related to the Dean Evans Stadium located at the East
Crawford Recreation Area. A copy of the original agreement is attached for
your reference. The proposed addendum modifies only Section 12 regarding the
term of the agreement.
The originai agreement provided for an initial term ending December 31, 1995
with additional five year renewal terms for'each increment of $40,000 in
private contributions over a base private contribution of $40,000. For
example, if private contributions were $80,000, the agreement would be for the
base term through December 31, 1995 plus one additional five year renewal term
beginning January 1, 1996.
The highest level of private contribution specifically addressed in the
original agreement was $160,000. Private fund raising efforts have exceeded
that level. Consequently, the private contributors have requested that the
same renewai formula be expanded in the same $40,000 increments.
It is staff's recommendation that the addendum be authorized in recognition of
the significant private contributions in this joint public/private effort.
Recommended action
Adopt Resolution Number 92-4443.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
AGREEMENT
Q T
HIS AGREEMENT, Made and entered into this ~%~ day of
~~u , 1991, by and between the Parks & Recreation Depart-
ment of~ the City of Salina, Kansas, hereinafter referred to as
the "City", and Salina Baseball Enterprises, Inc., a Kansas not
for profit corporation with its principal place of business at
Salina, Kansas, hereinafter referred to as "Enterprises".
WITNESSETH:
WHEREAS, the City has to a major extent constructed a
premier baseball diamond located at the East Crawford Recreation
Area, Salina, Kansas (hereinafter referred to as the "Premier
Baseball Facility"), and with the raising of additional funds
from private donors and the Salina community in general, and the
utilization of such additional funds to complete and finish said
Premier Baseball Facility, the City will be able to upgrade its
Premier Baseball Facility significantly and thereby benefit the
community of Salina, Kansas and surrounding areas; and
WHEREAS, Enterprises and other private parties believe that
they can assist the City in completing and upgrading the Premier
Baseball Facility by using their contacts, skills, time and
efforts to attempt to raise up to $160,000.00 from private
contributions, donations and the like for the purpose of complet-
ing and upgrading the City's Premier Baseball Facility; and
WHEREAS, Enterprises is a supporter of the Salina American
Legion Baseball Program and is willing to put forth its time and
efforts to raise such additional funds from the private sector in
the community of Salina, Kansas, and surrounding areas, if the
City is willing to enter into this Agreement upon the terms and
conditions set forth herein, it being the intention of
Enterprises to so assist the City with respect to its Premier
Baseball-Facility only if the City is willing to make the commit-
ments, agreements and undertakings set forth herein, and it being
the belief of Enterprises that it will be successful in raising
such additional funds only if the City is willing to undertake
the agreements and covenants set forth herein for the benefit of
Enterprises, the Salina American Legion Baseball Program, and
those individuals, organizations, businesses and the like which
are willing to make contributions and gifts for the purposes set
forth herein:
NOW, THEREFORE, in consideration of the foregoing and the
mutual covenants hereinafter set forth, the parties hereto hereby
agree as follows:
1. FUNDRAISING: Enterprises shall use its best efforts to
raise through contributions, donations and gifts, up to
$160,000.00 for the benefit of the City, to be used to complete,
improve and upgrade the City's Premier Baseball Facility. It is
understood that there is no firm commitment or obligation on the
part of Enterprises to raise said sum other than to endeavor to
use its best efforts to raise funds to be used as hereinafter set
forth.
2. SEGREGATION OF FUNDS RAISED: Upon receipt of contribu-
tions, gifts and the like and loan proceeds from borrowing
against pledges (which borrowing and use of pledges as collateral
is authorized and approved) Enterprises shall from time to time
deliver or remit such receipts to the City. The City shall main-
tain a separate account in which all funds raised hereunder and
otherwise for purposes of completing, improving and upgrading the
Premier Baseball Facility for the benefit of the City shall be
deposited, which funds shall at all times be deemed segregated
from other funds and properties of the City and shall be deemed
to be held in trust for the benefit of Enterprises and the
persons and entities making such contributions, gifts and pledges
for the purposes specified herein. Funds held in said separate
segregated account for the benefit of the Premier Baseball
Facility shall be disbursed by the City for use in completing,
improving and upgrading the Premier Baseball Facility in such
time and manner as may be mutually agreed upon by the parties
hereto from time to time, or to the extent not so used, returned
pro rata to the persons and entities making such contributions
and gifts.
3. USE OF FUNDS RAISED BY ENTERPRISES: All funds raised
by Enterprises and by others which are delivered to the City for
use in completing the Premier Baseball Facility shall be used to
complete, improve and upgrade the Premier Baseball Facility in
accordance with the specifications, a copy of which is attached
hereto as Exhibit "A" and by reference made a part hereof. It is
understood and agreed that if Enterprises and others are able to
raise sufficient funds, the Premier Baseball Facility shall be
completed substantially in compliance with the specifications, a
copy of which is attached hereto as Exhibit "A". If Enterprises
and others are not able to raise the funds necessary to complete,
improve and upgrade the Premier Baseball Facility in accordance
with the Exhibit "A" specifications, then the Premier Baseball
Facility shall be completed to the extent that may be mutually
agreed upon from time to time by the parties hereto, but in
making such decisions, the parties agree that the funds raised by
Enterprises and others shall first be used to complete separate
parts of the Premier Baseball Facility in accordance with their
respective specifications as set forth on Exhibit "A", with a
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view to ultimately raising other funds from public and/or private
sources to complete the other parts of the Premier Baseball
Facility in accordance with their respective specifications set
forth on Exhibit "A". It is the further intention and agreement
of the parties hereto that if Enterprises and others are able to
raise only a portion of the funds necessary to complete, improve
and upgrade the Premier Baseball Facility, such funds will not be
used to complete, improve and upgrade the Premier Baseball
Facility in its entirety in a cheaper, more economical, less
efficient and less quality manner unless agreed to in writing by
both of the parties hereto.
If for any reason not all of the funds raised for the
purposes described herein are used to complete the Premier
Baseball Facility, then the City shall return the funds not used
to the donors making the contributions and gifts pro rata and in
proportion to their respective contributions. Enterprises and
City shall cooperate in maintaining accurate and detailed records
of contributions.
4. USE OF PREMIER BASEBALL FACILITY: The Premier Baseball
Facility shall be used exclusively for baseball, which shall be
defined as the Salina American Legion Baseball Program, the
Salina Babe Ruth Baseball Program, their respective tournaments,
high school baseball programs for high schools located in Salina,
Kansas, college baseball programs for colleges having their
principal facilities in Salina, Kansas, and special exhibitions.
5. OWNERSHIP AND CONTROL: The Premier Baseball Facility
and all related equipment and furnishings shall be the property
of and owned by the City of Salina, Kansas. All financial and
material donations made for purposes of completing, improving and
upgrading the Premier Baseball Facility shall be deemed to be the
property of and owned by the City of Salina, Kansas. The Premier
Baseball Facility and related equipment and furnishings shall at
all times be under the control of the City Manager of Salina,
Kansas, or his designee, and except as otherwise expressly set
forth herein, the City of Salina shall at all times have the
right to control and designate use of the Premier Baseball
Facility.
6. UTILITIES, INSURANCE AND MAINTENANCE: City agrees that
it shall at all times during the term of this Agreement and any
renewal or extension hereof:
(a) Provide all necessary insurance coverages with
respect to the ownership and use of the Premier Baseball
Facility and other baseball facilities described herein,
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including but not limited to public liability insurance and
fire and extended coverage insurance.
(b) Furnish all utilities necessary for owning,
maintaining, operating, using and otherwise caring for the
Premier Baseball Facility.
(c) Maintain and keep all buildings, structures,
improvements, grounds, equipment and furnishings which
constitute a part of the Premier Baseball Facility or any
related property in a state of cleanliness and in a state of
good repair and condition as to promote a quality facility
for the City of Salina, Kansas, its inhabitants and its
baseball programs.
(d) Professionally care for, prepare and maintain the
Premier Baseball Facility prior to each double header or
two-game session, which preparation shall include infield
work consisting of marking batter's boxes, foul lines, dirt
work and watering, when necessary, i
7. SCHEDULING: With respect to scheduling the Premier
Baseball Facility and other baseball facilities of City located
at the East Crawford Recreation Area, Salina, Kansas, City hereby
agrees as follows:
(a) Insofar as regular season games are concerned, the
Salina American Legion Baseball Program shall have first
priority on scheduling of the Premier Baseball Facility for
up to four days per calendar week. The Salina American
Legion Baseball Program shall provide its regular season
game dates and times to the City by April 15th of each year,
and shall be given total priority for scheduling regular
season game dates and times for four days per calendar week
during the period from the first day of the Memorial Day
weekend through August 1st. Such requests of the Salina
American Legion Baseball Program shall be honored. In
addition, the Salina American Legion Baseball Program shall
be allowed to use a supporting baseball facility located at
the East Crawford Recreation Area, Salina, Kansas, to the
extent necessary to insure a diamond for games and/or
practices up to ten times each calendar week. Any and all
other requests from other baseball organizations for use of
the Premier Baseball Facility shall be scheduled and
authorized solely by the City, but shall not conflict with
the priority scheduling requested by the Salina American
Legion Baseball Program on or before April 15th of the
applicable year.
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(b) With respect to tournament scheduling, the Salina
American Legion Baseball Program shall have first priority
on scheduling district, regional, state, national and other
tournaments with dates to be provided to the City at the
earliest possible date but no later than April 15th of the
applicable year; provided, however, in the case of district
tournaments, the Salina American Legion Baseball Program
shall have the right to schedule the Premier Baseball
Facility for the district tournament on or before April 15th
of the applicable year even though at said time the site of
the district tournament is not known and, if the American
Legion district tournament is not awarded to Salina, then
the Salina American Legion Baseball Program shall notify the
City of that fact as soon as it becomes known to the Salina
American Legion Baseball Program, so that the City can allow
other baseball events to be scheduled at the Premier
Baseball Facility during that time. All other tournament
requests shall be submitted to the City, and it is the
intention of City to exert every effort to accommodate
district, state, regional and national tournaments of other
baseball organizations.
(c) The Salina American Legion Baseball Program shall
be entitled to use the Premier Baseball Facility for prac-
tice from time to time but only if it obtains the consent of
the City and only if such use does not interfere with
maintenance and game preparation activities and scheduled
baseball events.
(d) It is recognized by Enterprises that on an
infrequent basis there may be special events which the City
desires to schedule during baseball season at or in the area
of the East Crawford Recreation Area which, because of
access, parking, traffic and other reasons, will make the
playing of a baseball game at the Premier Baseball Facility
impractical or impossible on certain dates or for portions
of certain days. The City shall prior to January 1st of the
applicable baseball year advise Enterprises of any such
dates and the times with respect to which playing baseball
would be impractical or impossible on account of such
special events which the City desires to schedule at the
East Crawford Recreation Area and Enterprises and the Salina
American Legion Baseball Program shall exert every effort
possible to schedule its games and practices at the East
Crawford Recreation Area so as to not conflict with such
special events desired by the City to be held at the East
Crawford Recreation Area. The City agrees that notwith-
standing the other provisions of this sub-paragraph (d), the
scheduling of a special event shall not adversely affect the
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scheduling priority rights of the Salina American Legion
Baseball Program as set forth in sub-paragraphs (a) and (b)
of this Paragraph 7 and the City further agrees that it will
make every effort possible to schedule such special events
at places or areas which do not interfere with the utiliza-
tion of the Premier Baseball Facility for the playing of
baseball games and necessary parking and access.
(e) For purposes of this Agreement, the "Salina
American Legion Baseball Program" shall mean the baseball
teams sponsored by the Salina, Kansas, American Legion which
play American Legion baseball, but if for any reason at any
time during the term of this Agreement or any renewal or
extension hereof, the Salina American Legion no longer
sponsors or operates such a baseball program and another
organization commences to operate and operates a similar
baseball program for youth of comparable ages in place of
those formerly sponsored by the Salina American Legion,
then, in the absolute discretion of and at the option of
Enterprises, such other organization and its baseball
program may be substituted hereunder for the Salina American
Legion Baseball Program and thereupon be entitled to the
rights and privileges afforded the Salina American Legion
Baseball Program hereunder.
8. GATE OR TICKET RECEIPTS: The Salina American Legion
Baseball Program may charge a gate or admittance fee for admit-
tance to its games, so long as such fee is reasonable and compa-
rable to other fees charged for attending other similar events in
the State of Kansas; otherwise, the right to charge such fee
shall have the prior approval of the Advisory Board of the Salina
Parks & Recreation Department. All such revenues and receipts
collected by a sponsoring organization shall be the property of
such sponsoring organization and it shall be the sole responsi-
bility of the sponsoring baseball organization to provide all
labor and materials involved in the collection of gate receipts.
The City of Salina shall have no responsibility, liability or
obligation whatsoever relating to or arising out of the charging
and collecting of gate or admittance fees.
9. CONCESSIONS: City shall be solely responsible for the
sale of all concessions with respect to activities at the Premier
Baseball Facility and other baseball facilities located at the
East Crawford Recreation Area, Salina, Kansas. City may allow
sponsoring baseball organizations to operate temporary conces-
sions for special events to sell items not in direct competition
with the City's concession operations. Each special concession
request must be approved by the Advisory Board of the Salina
Parks & Recreation Department.
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10. FIELD PREPARATION FEES: The City may charge a field
preparation fee to any organization requesting game field prepa-
ration and the fee will be applicable each time preparation of a
game field is requested. Any such fees charged the Salina
American Legion Baseball Program shall not exceed the fees
charged others for similar services by the City.
11. PRACTICE FIELDS: As a general rule, the Premier
Baseball Facility shall be used primarily as a field for playing
of regularly scheduled, makeup and tournament games and practices
on the field at the Premier Baseball Facility will be limited;
provided, however, it is agreed that the Salina American Legion
Baseball Program as defined herein may use the Premier Baseball
Facility field for practice under the circumstances and to the
extent described in sub-paragraph (c) of Paragraph 7 hereof. All
requests for practice fields and practicing schedules and related
matters with respect to all baseball fields located at the East
Crawford Recreation Area, Salina, Kansas, must be coordinated
through the City's office.
12. TERM: The initial term of this Agreement shall be that
period of time commencing on the date on which at least
$40,000.00 has been raised by Enterprises and others for the
purposes set forth herein and ending on December 31, 1995. If at
least $40,000.00 is not raised on or before June 30, 1992 by
Enterprises and others for the purposes set forth herein, then
this Agreement shall be null and void, but the City shall have
the obligation to return to the donors the unused portion of the
contributions described herein to the extent required under the
provisions of Paragraphs 2 and 3 hereof. In addition, the term
of this Agreement shall automatically be renewed and extended for
additional five-year terms (each herein referred to as an
"Additional Term"), upon the following terms and conditions:
(a) If the total amount of funds raised by Enterprises
and others for the purposes specified herein on or before
June 30, 1992 exceeds $160,000.00, then the term hereof
shall automatically be renewed and extended for three
additional five-year terms, the first to commence on
January 1, 1996, the second to commence on January 1, 2001,
and the third to commence on January 1, 2006.
(b) If the total amount of funds raised by Enterprises
and others for the purposes specified herein on or before
June 30, 1992 exceeds $120,000.00 but is not greater than
$160,000.00, then the term hereof shall automatically be
renewed and extended for two additional five-year terms, the
first to commence on January 1, 1996, and the second to
commence on January 1, 2001.
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(c) If the total amount of funds raised by Enterprises
and others for the purposes specified herein on or before
June 30, 1992 exceeds $80,000.00 but is not greater than
$120,000.00, then the term hereof shall automatically be
renewed and extended for one additional five-year term, to
commence on January 1, 1996.
For purposes of this Paragraph 12, funds shall be deemed "raised"
when delivered to the City for deposit to the account described
in Paragraph 2 hereof in the case of cash, checks and other
similar instruments. In the case of a pledge by a contributor to
make future payments to the City for the purposes set forth
herein, the applicable funds shall be deemed "raised" if and to
the extent the applicable pledgor delivers cash, check or other
similar instrument to the City for deposit to the account
described in Paragraph 2 hereof or if and to the extent that
monies are deposited in said account which are the proceeds of a
loan secured by the applicable pledge.
Notwithstanding the foregoing, Enterprises shall have the right
to terminate this Agreement with respect to any such Additional
Term and subsequent Additional Terms by giving the City written
notice of termination at least ninety (90) days prior to the
first day of such Additional Term to the effect that this
Agreement shall not be renewed and extended for such Additional
Term or any subsequent Additional Terms. In the case of any such
automatic renewal or extension, all of the terms and provisions
set forth herein shall be applicable during such Additional Term
except to the extent as may otherwise be mutually agreed upon in
writing by the parties hereto.
13. GOVERNING LAW: This Agreement shall be governed and
construed in accordance with the laws of the State of Kansas.
14. BINDING EFFECT: This Agreement shall be binding upon
and inure to the benefit of the parties hereto, their respective
successors and assigns.
IN WITNESS WHEREOF, the undersigned have hereunto caused
this Agreement to be executed on their behalf on the day and year
first above written.
CITY:
PARKS & RECREATION DEPARTMENT
OF THE CIT~SALINA, KANSAS
Robert E. Frank, M~
-- 8 --
Attest:
Jacque~ine Shiever, City Clerk
ENTERPRISES ·
SALINA BASEBALL ENTERPRISES, INC.
Gary Ray~ P~sident
Do~.VRec~enwald, Secretary
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ADDENDUM TO AGREEMENT
THIS ADDENDUMTO AGREEMENT, is made and entered into this
day of March, 1992, by and between the Parks & Recreation
Department of the City of Salina, Kansas, hereinafter referred to
as the "City", and Salina Baseball Enterprises, Inc., a Kansas not
for profit corporation with its principal place of business at
Salina, Kansas, hereinafter referred to as "Enterprises".
WITNESSETH:
WHEREAS, the parties entered into a certain Agreement dated
February 25, 1991 (the "Agreement"), whereby they addressed fund
raising, scheduling and other operational matters regarding the
premier baseball diamond located at the East Crawford Recreation
Area, Salina, Kansas now known as Dean Evans Stadium; and
WHEREAS, fund raising efforts by Enterprises and others have
resulted in levels of private contribution warranting potential
extension of the term of the Agreement as hereinafter set forth;
NOW, THEREFORE, in consideration of the foregoing and the
mutual covenants hereinafter set forth, the parties agree as
follows:
1. AMENDMENT OF SECTION 12 OF THE AGREEMENT. Section 12 of
the Agreement is hereby amended in its entirety to read as follows:
12. TERM: The initial term of the Agreement shall
be that period of time commencing on the date on which at
least $40,000.00 (the "base $40,000") has been raised by
Enterprises and others for the purposes set forth herein
and ending on December 31, 1995. In addition, the term
of this Agreement shall automatically be renewed for one
additional five-year term (each herein referred to as an
"Additional Term") for each $40,000.00 raised on or
before June 30, 1992 in excess of the base $40,000.00.
For example, if the total amount of funds raised by
Enterprises and others for the purposes specified herein
on or before June 30, 1992 exceeds $240,000 but is less
than $280,000, then the term hereof shall automatically
be renewed and extended for five additional five-year
terms, the first to commence on January 1, 1996, the
second to commence on January 1, 2001, the third to
commence on January 1, 2006, the fourth the commence on
January 1, 2011, and the fifth to commence on January 1,
2016.
For purposes of this Paragraph 12, funds shall be deemed
"raised" when delivered to the City for deposit to the
account described in Paragraph 2 hereof in the case of
cash, checks and other similar instruments. In the case
of a pledge by a contributor to make future payments to
the City for the purposes set forth herein, the
applicable funds shall be deemed "raised" if and to the
extent the applicable pledgor delivers cash, check or
other similar instrument to the City for deposit to the
account described in Paragraph 2 hereof or if and to the
extent that monies are deposited in said account which
are the proceeds of a loan secured by the applicable
pledge.
Notwithstanding the foregoing, Enterprises shall have the
right to terminate this Agreement with respect to any
such Additional Term and subsequent Additional Terms by
giving the City written notice of termination at least
ninety (90) days prior to the first day of such
Additional Term to the effect that this Agreement shall
not be renewed and extended for such Additional Term or
any subsequent Additional Terms. In the case of any such
automatic renewal or extension, all of the terms and
provisions set forth herein shall be applicable during
such Additional Term except to the extent as may
otherwise be mutually agreed upon in writing by the
parties hereto.
2. RATIFICATION OF AGREEMENT. Ail of the terms and
conditions of the Agreement are hereby ratified and shall continue
in full force and effect, as herein amended.
3. BINDING EFFECT. This Addendum to Agreement shall be
binding upon; and inure to the benefit of the parties hereto, their
respective successors and assigns.
IN WITNESS WHEREOF, the undersigned have hereunto caused this
Agreement to be executed on their behalf on the day and year first
above written.
CITY:
PARKS & RECREATION DEPARTMENT
OF THE CITY OF SALINA, KANSAS
BY:
Stephen C. Ryan, Mayor
Attest:
Jacqueline Shiever, City Clerk
ENTERPRISES:
SALINA BASEBALL ENTERPRISES, INC.
BY:
Gary Ray, President
Attest:
, Secretary
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