Agr Bill Burke 2002s
City of Salina `07 FEB 1222 Pm2:13
Office of the City Clerk
City -County Building
300 West Ash
Salina, KS 67401
2/10/07
To Whom It May Concern:
This letter is in reference to Lease Agreement between City of Salina, Ks and Martin and
Renda Weaver of Saline County, Ks who own and operate Batting Cages located at Bill
Burke Complex.
We believe that the Batting cages are a much needed part for our community and for the
many youth and adults that participate in baseball and softball sports.
We have operated the batting cages since 2002 under current Lease Agreement. The
batting cages have not generated enough revenues to adequately honor said agreement.
So with this in mind we would like to entertain a few options for the City to consider and
act upon:
Option #1: Lease free agreement for 5 years.
Option #2: Purchase batting cages for the sum of $6,000.00, reasonable fair
market. value.
Option #3: Reduce lease to a manageable amount of $250.00 for the year.
Option #4: Terminate lease and remove batting cages.
Our hope is that the City would act promptly and fair in consideration of proposed
options.
Sincerely,
Martin and Renda Weaver
930 Willow Dr.
Salina, Ks 67401
785-823-7191
LEASE AGREEMENT
This Lease Agreement ("Agreement") dated April 1, 2002, is entered into between the
CITY OF SALINA, KANSAS, a municipal corporation ("City"), and Martin and Renda Weaver,
a resident of Saline County, Kansas ("Lessee").
Recitals
A. The City's public park system includes Bill Burke Park (the "Park"), which
consists predominately of baseball and softball facilities.
B. As an added service to the general public, the City wishes to provide for public
access to mechanized batting practice equipment (the "Batting Cages") in immediate proximity
to those baseball and softball facilities.
C. Lessee owns the specialized equipment necessary to properly operate the batting
cages.
D. The City believes that the public interest is best served by leasing to Lessee only
that square footage in Bill Burke Park necessary to safely operate the batting cages.
THE PARTIES agree as follows:
1. Description. City hereby leases to Lessee, subject to the covenants and conditions
contained in this Agreement, the square footage upon which the batting cages are currently
located at Bill Burke Park (the "Batting Cage Site").
2. Lease Term and Renewal. The initial term of this Lease shall be one (1) year
commencing April 1, 2002 and ending March 31, 2003. This Lease shall self -renew for
sequential terms of one (1) year each, unless either City or Lessee gives written notice of
termination to the other party no later than February 1 to be effective as of the following March
31St
3. Rent. Lessee agrees to pay to City, as rent for the Batting Cage Site, the annual
sum of $1,000.00 payable in two (2) installments of $500.00 each payable on July 15th and
August 15th of each term.
4. Use of the Batting Cage Site. The Batting Cage Site shall be used as the site for a
mechanical pitching machines and accessories shall be furnished by Lessee at his sole expense,
subject to approval of the equipment by the Director of the Parks and Recreation Department.
5. Maintenance.
(a) City's Responsibilities. City shall maintain and repair any access roads to
the Batting Cage Site and adjacent parking areas.
(b) Lessee's Responsibilities. Lessee shall maintain the Batting Cage Site in
accordance with City's maintenance standards attached and incorporated by reference as Exhibit
"A"
6. Hours of Operation. Lessee shall operate the Batting Cages from no later than
April 1St until no earlier than August 1" of each term. "Operate" for purposes of this Lease
means that the Batting Cages shall be open to the public, except for such reasonable periods of
time as may be necessary for equipment maintenance or repair.
7. Licenses. Lessee agrees to strictly comply with federal, state, and local laws and
regulations, and to obtain, at its expense, all necessary licenses and certificates for the operation
of the Batting Cage Site.
8. Utilities. Lessee agrees to pay for all utility expenses incurred in the operation of
the Batting Cage Site.
9. Cost of Operation. Lessee shall be solely responsible for all of the costs of
operating the Batting Cage Site not specifically excluded herein.
10. Advertising. The Batting Cage Site must be identified as publicly owned in all
signs, literature, and advertising, and the concessionaire identified as such.
11. Nondiscrimination. City must retain control over charges to the public to ensure
nondiscrimination. While the lessee is entitled to a reasonable return, the general public cannot
be denied use of the facility because of excess of fees or an inequitable fee structure.
12. Alterations. Lessee shall not alter, improve, or change the Batting Cage Site
without the prior written consent of City. In the event the Lessee chooses to light the Batting
Cage Site, any such lighting shall be according to City's specifications, and shall be placed in a
manner determined by City. Lessee, unless otherwise agreed in writing, shall pay all costs
associated with any alterations, improvements, or changes.
13. Ownership of Improvements. The reinforced concrete pad and galvanized chain
link fence and any other improvements made to the Batting Cage Site shall be the property of the
Lessee during the term of this Agreement. Upon termination of this Agreement (whether by
expiration of the term or by operation of the default provision), the reinforced concrete pad, the
galvanized chain link fence, and any other improvements shall become the property of city.
14. Ownership and Removal of Pitching Machines. The pitching machine equipment
purchased by the Lessee shall remain the property of the Lessee. Upon expiration of the term of
this agreement, the Lessee shall remove all the pitching machine equipment from the Batting
Cage Site within ten (10) days from the date of expiration.
15. Assignments. Lessee shall not assign this Agreement, without prior written
consent of City, which consent shall not be unreasonably withheld.
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16. Relationship of the Parties. The relationship of the parties is solely that of lessor
and lessee, and nothing herein contained shall create any other relationship or liability.
Specifically, the Lessee is not the agent of City for purposes of any contracts for improvement of
the Batting Cage Site.
17. Extended Coverage Insurance. Lessee shall maintain extended insurance
coverage on the property owned by Lessee located on the Batting Cage Site in such amounts, as
Lessee deems appropriate to fully insure himself.
18. Untenantabilitv. If the Batting Cage Site is made untenantable for any reason
whatsoever, this Agreement and all obligations hereunder shall be null and void, and all future
performances by either party, including the payment of rent, shall terminate.
19. Public Liability Insurance. Lessee agrees to carry public liability insurance
coverage in an amount equal to the maximum exposure to City under the Kansas Tort Claims
Act over the term of the Agreement (currently $500,000). The City shall be named as an
additional insured on such policy. The policy shall also contain a provision that City shall be
given at least thirty (30) days written notice by the insurance company before the policy is
substantially changed or canceled. Lessee shall maintain on file with the City Risk Management
office a current certificate of such insurance.
20. Indemnification. If either party fails to pay any obligations which that party is
required to pay according to the terms and conditions of this Agreement and the other party is
required to pay the same, the paying party will be entitled to reimbursement from the defaulting
party. In the event any claim is made against either party for damages arising out of the
relationship, the party responsible for such claim shall indemnify and hold harmless the other
party from any loss on account thereof, including reasonable attorney's fees and any other costs
or defense against such claim.
21. Property Tax. If the Saline County Appraiser determine that continued operation
of the batting cages pursuant to this Agreement will result in the loss of the tax exempt status of
part or all of the Park, City may direct Lessee to immediately cease operations and terminate this
agreement by giving written notice to Lessee, along with a copy of the Saline County Appraiser's
determination upon which the termination is based. In that event, the Lessee shall have the
option to either remove or sell the pitching machine equipment to the City for a price to be
determined on the basis of appraisal of the equipment by Master Pitching, Inc., Kansas City,
Missouri. If Master Pitching, Inc., is unable to provide such an appraisal, the City and the Lessee
shall agree on an appraiser.
22. Time is of the Essence. It is mutually agreed to by the parties that time is of the
essence of this Agreement, and all the terms and conditions of this Agreement, including the
payment of rent, must be performed and paid as specified in this Agreement.
23. Default. In the event either party fails to perform any of the promises and
covenants under this lease, the non -defaulting party shall give notice of such default in writing to
the other party specifying the nature of the default. In the event such default remains uncured for
ten (10) days after deliver of the default, the Agreement shall terminate at the sole option of the
non -defaulting party. In the event of termination based upon default of the Lessee, the Lessee
shall immediately discontinue operations and shall be required to remove all of the pitching
machine equipment from the Batting Cage Site within ten (10) days from the date of the
termination.
24. Written Notices. All written notices, as provided herein, shall be delivered by
certified mail, return receipt requested, mailed as follows:
City: City of Salina
Office of the City Clerk
City -County Building
300 West Ash
Salina, KS 67401
Lessee: Martin and Renda Weaver
930 Willow Drive
Salina, KS 67401
25. Applicability. This Agreement shall be binding upon the parties hereto, and their
heirs, beneficiaries, personal representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
above written.
ATTEST:
By:
Lieu Ann Nicola
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CITY OF SALINA, KANSAS
By:
�ristin M. eat n, Mayor
V/�_ i . "41AI ,
MAINTENANCE STANDARDS
Also referred to as Exhibit "A"
For the operation of batting cages at Bill Burke Memorial
Park and East Crawford Recreation Area by Maure
Weigel, in agreement with the City of Salina.
The upkeep of the facility shall be performed as to maintain and keep all grounds and
equipment and furnishings included as part of the facility in a state of repair and condition as to
promote a quality facility for the City of Salina. This will include:
1. Trash pick-up on leased area and any trash caused by operation of
facility.
2. Concrete pad swept or cleaned regularly.
3. Fencing shall be kept in state of repair as to prevent curling and all
fasteners kept intact.
4. Operation of lights... lens shall be kept cleaned, bulbs replaced when
necessary to provide safe operation.
5. Portion of leased ground not consisting of concrete slab be trimmed/or
mowed in same manner as existing ball diamonds and fringe areas.
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