Baseball ComplexAGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
UNIFIED SCHOOL DISTRICT NO. 305
regarding
A SHARED BASEBALL COMPLEX
This Agreement is entered into this effective as of the 1' day of January, 2009 by and between
the City of Salina, Kansas (the "City") and Unified School District No. 305 (the "District").
A. The City and the District have shared equally in the cost of cooperatively constructing a
baseball complex located east of Markley Road near the south boundary of the City -owned East Crawford
Recreational Area (the "Complex").
B. The City and the District desire through this Agreement to address matters of ongoing
maintenance and shared use of the Complex.
The parties therefore agree:
1. Ownership. As the owner of the underlying real estate upon which the Complex has been
constructed, the City shall own the Complex.
2. Use and Scheduling. The complex has been constructed primarily for use as a practice
facility and, therefore, has neither a grass infield nor lighting. The District shall have exclusive use of the
Complex from 2:30 p.m. to 6:00 p.m., Monday through Friday, beginning with the first KSHSAA
allowable baseball practice day and ending with the last official game of each season (the "District
Season"). At all other times, the City shall have complete authority to schedule use of the Complex.
3. Maintenance. The City shall provide ongoing maintenance of the Complex, including
watering and mowing. During the District's Season, the District shall provide routine field maintenance
such as field grooming, lining, and base installation and removal. Any other maintenance needs that may
arise during the term of this Agreement shall be addressed by mutual agreement of the City and the
District.
4. Term. This Agreement shall be for a primary term of ten (10) years, commencing
effective January 1, 2009 through December 31, 2018 (the "Primary Term"), and shall automatically
renew thereafter for consecutive one-year terms unless either party gives the other no less than ninety (90)
days advance written notice of termination as of the ensuing January, 1st anniversary date.
5. Non -assignable, BindingEms. Due to the unique circumstances of the parties, neither the
rights nor the responsibilities provided for under this Agreement shall be assignable by either party in whole
or in part. This Agreement shall be binding upon any successor to either party.
6. Interpretation. This Agreement and its validity, construction and performance shall be
governed by the laws of Kansas. This Agreement shall be interpreted according to its fair meaning, and not
in favor of or against any party.
Executed by the duly authorized representatives of the parties as of the date first above written.
CITY OF SALINA, KANSAS
By: J6-0–� ,O�
ephen L. Snyder
Director of Parks and Recreation
UNIFIED SCHOOL DISTRICT NO. 305
By:
eth Kennedy
Director of Operations