1989 Batting Cage LeaseLEASE AGREEMENT
This Lease Agreement, dated February (,, , 1989, is
entered into between the CITY OF SALINA, KANSAS, a municipal
corporation ("Lessor"), and FRED A. YOUNG, a resident of
Saline County, Kansas ("Lessee").
Lessor hereby leases to Lessee, the real estate
described on Exhibit "A," which is attached and incorporated
by reference. The real estate is referred to in this
Agreement as the "Premises."
Lessor, in consideration of the rents and covenants
contained in this Agreement, does hereby lease to Lessee,
the Premises, according to the following terms and
conditions:
(1). Rent.
(a). Lessee agrees to pay to Lessor, as rent for the
Premises, the sum of Two Hundred Dollars ($200.00) per
month, or eight percent (8%) of the monthly -gross revenue,
whichever is greater, during the months of April through
September, inclusive. During the months of October through
March, the monthly rent shall be limited to eight percent
(8%) of the monthly gross revenue.
(b). Monthly rent payments shall be due on the 5th day
of the month following the month for which the rent is
payable. All rent payments shall be accompanied by a report
of hours of operation and gross revenues for the prior
month.
(c). Lessee agrees that complete financial records
regarding his operation on the Premises shall be maintained
and segregated from any other business or personal financial
records of the Lessee and that the City,Manager or his
designated representative may examine the financial records
for the operation upon request.
(2). Lease Term and Renewal Option. The initial term
of this lease shall be five (5) years commencing March 1,
1989, and ending midnight February 28, 1994. The Lessee
shall have the right to elect for an additional five (5).
year term by giving written notice to the Lessor of such
election no less than sixty (60) days prior to the end of
the initial five (5) year term. It is agreed that the
monthly rent for the additional term shall be the sum of Two
Hundred Twenty Dollars ($220.00) per month, or nine percent
(9%) of the monthly gross revenue, whichever is greater,
during the months of April through September, inclusive.
During the months of October through March, the monthly
rent shall be limited to nine percent (9%) of the monthly
gross revenue.
(3). Operation and Improvements. The Premises shall
be used as the site for a mechanical pitching -machine
operation. The site will consist of a reinforced concrete
pad surrounded by a galvanized chain link fence constructed
in accordance with Lessor's specifications attached and
incorporated by reference as Exhibit "B." The 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.
(4). Maintenance.
(a). Lessor's Responsibilities. Lessor shall maintain
and repair any access roads to the Premises and adjacent
parking areas.
(b). Lessee's Responsibilities. Lessee shall maintain
the Premises in accordance with Lessor's maintenance
standards attached and incorporated by reference as Exhibit
"C."
(5).
shall not
provided
nuisance,
Use of Premises. Lessee agrees that the Premises
be
for
or
used or occupied for any purpose other than
in paragraph (3) hereof, or that constitutes a
may be objectionable to the adjacent property.
(6). Hours of Operation and Supervision. The hours of
operation for the Premises shall be determined jointly by
the Lessor and the Lessee. A qualified attendant shall be
on duty at all times of operation.
(7). Licenses. Lessee agrees to strictly comply with
federal, state, and local laws and regulations, and to
obtain, at his expense, all necessary licenses and
certificates for the operation of the Premises.
(8). Utilities. Lessee agrees to pay for all utility
expenses incurred in the operation of the Premises.
(9). Costs of Operation. Lessee shall be solely
responsible for all of the costs of operating the Premises
not specifically excluded herein.
-2-
(10). Taxes.
(a). Lessor's Responsibility. Lessor shall assume all
real estate taxes and assessments which may become due upon
the Premises.
(b). Lessee's Responsibility. Lessee shall pay all
personal property taxes which are due upon the personal
property located on the Premises.
(11). Alterations. Following the initial construction
necessary to begin operation, Lessee shall not alter,
improve or change the Premises without the prior written
consent of Lessor. In the event the Lessee chooses to light
the Premises, any such lighting shall be according to
Lessor's specifications and shall be placed in a manner
determined by Lessor. Lessee, unless otherwise agreed in
writing, shall pay all costs associated with any
alterations, improvements, or changes.
(12). Ownership of Improvements. The reinforced
concrete pad and galvanized chain link fence and any other
improvements made to the Premises shall be the property of
the Lessee during the term of this lease. Upon termination
of this lease (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 improve-
ments shall become the property of the Lessor.
(13). Ownership of Pitching Machines. Notwithstanding
any provisions in this Agreement to the contrary, the
pitching machine equipment purchased by the Lessee shall
remain the property of the Lessee.
(14). Assignment. Lessee shall not assign this Lease
Agreement, without the prior written consent of the Lessor,
which consent shall not be unreasonably withheld.
(15). 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
the Lessor for purposes of any contracts for improvement of
the Premises.
(16). Extended Coverage Insurance. Lessee shall
maintain extended coverage on the property owned by Lessee
located on the Premises in such amounts as Lessee deems
appropriate to fully insure himself.
-3-
(17). Untenantability. If the Premises are made
untenantable for any reason whatsoever, this Lease Agreement
and all obligations hereunder shall be null and void, and
all future performances by either party,, including the
payment of rent, shall terminate.
(18). Public Liability ,Insurance. Lessee agrees to
carry public liability insurance coverage in an amount equal
to the maximum exposure to the Lessor under the Kansas Tort
Claims Act over the term of the agreement (currently
$500,000). The Lessor shall be named as an additional
insured on such policy. The policy shall also contain a
provision that Lessor shall be given at least ten (10) days
written notice by the insurance company before the policy is
substantially changed or cancelled.
(19). Indemnification. If either party fails to pay
any obligations which that party is required to pay
according to the terms and conditions of this Lease
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 of defense against such claim.
(20). Time is of the Essence. It is mutually agreed
to by the parties that time is of the essence of this Lease
Agreement, and all the terms and conditions of this Lease
Agreement, including the payment of rent, must be performed
and paid as specified in this Agreement.
(21). 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 delivery of the notice specifying the nature
of the default, this Lease 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 Premises within ten (10) days from the date of
termination.
(22). Written Notices. All written notices, as
provided herein, shall be delivered by certified mail,
return receipt requested, mailed to as follows:
-4-
Lessor: City of Salina
Office of the City Clerk
City -County Building
300 West Ash
Salina, Kansas 67401
Lessee: Fred A. Young
732 Victoria Heights
Salina, Kansas 67401
(23). Applicability. This Lease Agreement shall be
binding upon the parties hereto, and their heirs, executors,
trustees, administrators, personal representatives,
successors, and assigns.
IN WITNESS WHEREOF, the parties have executed this
Lease Agreement on the date first above written.
CITY OF SALINA, KANSAS
rz/m&Aei�br..
Mayor
ATTEST:
Jacque ine Shiever, City Clerk
"LessO "
' dz= -
Fred A. You - "Less "
-5-
The act
completed at
Lease Agreem
preparation
construction
approved by
LEGAL DESCRIPTION -
Also referred to as Exhibit "A"
ual legal description of the "Premises" shall
a future date and shall be annexed to this
ent as "Final Exhibit A." Pending final
of the legal description of the Premises any
work shall be done at such location as shall
the Director of Parks and Recreation.
be
be
CONSTRUCTION SPECIFICATIONS
Also referred to as Exhibit "B"
for the operation of batting cages
at East Crawford Recreation Area by Fred Young
in agreement with the City of Salina
FENCE - Shall consist of one piece fabric /6' width with a
2" mesh & 9 -gauge wire. Knuckle top and bottom.
22" O.D. Line Post
3" O.D. Terminal Post
1 5/8" O.D. Top Rail
Tension Wire - 7 guage galvanized
Line posts to.be spaced not more than 10' apart.
Installation - the drill holes for post footings shall be in
firm, undisturbed or compacted soil. The holes shall have a
diameter - line post 1011, corner 12". Terminal post shall
be a minimum of 36" below surface with line post 24" below
surface.
SLAB - The following specifications will be followed for the
construction of 641W x 621D slab.
Cement content...... 6.5 sacks/cubic yd.
Water maximum....... 5.8 gallon/sack
Aggregate ........... 27% crushed rock - 73% sand
Strength maximum.... 4,000 P.S.I. in 28 days
Thickness ........... 4"
Finish .. ...........Trowel or broom
Curing time ......... 3 days
Reinforcing ......... 6'x6' - 10/10 welded steel
fabric wire
Before depositing concrete, the subgrade shall be thoroughly
moistened. Concrete may not be deposited on.frozen or muddy
subgrade or when the ambient temperature is 40° F. or less with-
out adequate frost protection. Concrete shall then be deposited
between the forms in its full course and in one continuous opera-
tion. It shall then be thoroughly consolidated between the forms
by means of vibrating screeds, internal vibrators or hand
tamping, after which it shall be struck off and given an approved
finish. All edges and expansion joints shall,be edged with an
edging tool. The use of a "Jitterbug" or similar device shall be
prohibited.
ELECTRICAL SERVICE - Any electrical service to the facility shall
be provided by means of underground service lines. All
service lines and above ground recepticals shall comply with
all codes of the City of Salina regarding installation and
operation.
OVERHEAD LIGATING - Any lights used for operation of facility
shall be approved by Director of Parks &,Recreation before
installation; and, if approved, would be constructed in a
manner as not to interfere with play on neighboring
recreation facilities.
MAINTENANCE STANDARDS
Also referred to as Exhibit "C"
for the operation of batting cages
at East Crawford Recreation Area by Fred Young
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 pickup 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 shall be trimmed/or mowed in same manner as
existing 2 ball diamonds and fringe',areas.
Nautilus Insurance Co. ��,
Scottsdale, Arizona �nf11 �v
ISSUE DATE: 4„27-90 �; `0ftRTIFICATE HOLDER: cLtV cE iirm
�a -, , !3 300 1-1. Pdi
INSURED: —,red yaLM DBA2?� Z ?ig+ Salina, FS irAM
Emat ex-9crd Batting 'C"A
m Vic°t =ia Hsicpts
5i, i� REISLU
!1
GENERAL AGENT:
P.O. Box 2467 '
5%mm 1-tismAm, M 66201
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT
AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COVERAGES,
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
'BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF -SUCH POLICIES.-
DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS
Subject to ca j1 & policy fce s, temna, catdiibms & e-dt .-
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE_.NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE Ze
N 948 (5-88)
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIABILITY LIMITS IN THOUSANDS
EACH
OCCURRENCE
AGGREGATE
TYPE OF INSURANCE
DATE (MM/DD/YY)
DATE (MM/DD/YY)
GENERAL
LIABILITY
BODILYINJURY
COMPREHENSIVE FORM
PREMISES/OPERATIONS88330
4/13/
13/1
EXPLOSION HAZARD
COLLAPSE HAZARD
PROPERTY
UNDERGROUND HAZARD
' I
DAMAGE
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE,
PERSONAL INJURY
BI & PD
COMBINED
SINGLIMIT
500,�P
Q
500,EXTENDED
COMPREHENSIVE
�
GENERAL LIABILITY
,
ENDORSEMENT
PERSONAL INJURY
PROFESSIONAL LIABILITY ENDORSEMENT
EXCESS LIABILITY
BI & PD
UMBRELLA FORM
COMBINED
SINGLE
OTHER THAN UMBRELLA FORM
UNIT
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS
Subject to ca j1 & policy fce s, temna, catdiibms & e-dt .-
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE_.NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE Ze
N 948 (5-88)
CERTIFICATE OF INSURANCE
4/23/90
PRODUCER
TYPE OF INSURANCE
( COMPANIES AFFORDING
COVERAGE
GENERAL LIABILITY
$ 500 General Aggregate
A
COMPANY A:
NAIITILIIS INSIIRANCE CO
[X] Occurrence [ ] Claims Made
R. G. B. Schmidt Ins., Inc.
Policy #:
L88330
[ ]
$ ---- Fire Damage (any one fire)
P.O. Box 2747
[ ]
Eff. Date:
04/01%90 Exp.
Date:
04/01/91
Salina RS 67402
$ Combined single limit
ICOMPANY B••
03JI
Bodily Injury and Property
_ »>
(913) 827-7233
Policy #:
Eff. Date;
f"9/ d -Y/ 01h ;.+Exp.
Date:
/
..
/
INSURED
[ ] Garage Liability
;:;COMPANY C:
[ ]
$ Property Damage
...
EXCESS LIABILITY
$ Eachl Occurrence
Policy#rt
i�f
$ Aggtegate
[ ) Other than Umbrella
FRED YOUNG DBA
Eff. Date.
% r, ,%.. . ,Exp .
Date :
/
/
EAST CRAWFORD BATTING CAGES
EMPLOYERS LIABILITY
COMPANY'-)bl.'
0,
i
732 VICTORIA HEIGHTS
$
Policy #:
$
Description of operations/locations/vehicles/other
i
SALINA KS 67401
Eff. Date:
/ / Exp.
Date:
COVERAGES
.. ........
.... .:....... ...............................................
This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period
indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this
certificate may be issued or may pertain, the insurance afforded by the policies described herin is subject to all the terms,
exclusions and conditions of such policies. j
Co
TYPE OF INSURANCE
All limits in THOUSANDS
GENERAL LIABILITY
$ 500 General Aggregate
A
[X] Comm. General Liability
$ ---- Products/CompOps Aggregate
[X] Occurrence [ ] Claims Made
$ ---- Personal/Advertising Injury
[ ] Owners/Contractor Protective
$ 500 Each Occurrence
[ ]
$ ---- Fire Damage (any one fire)
[ ]
$ 5 Medical Expense (one person)
AUTOMOBILE LIABILITY
[ ] Any Auto
$ Combined single limit
[ ] All Owned Autos
Bodily Injury and Property
[ ] Scheduled Autos
Damage
[ ] Hired Autos
[ ] Non -owned Autos
$ Bodily Injury (per person)
[ ] Garage Liability
$ Bodily Injury (per accident)
[ ]
$ Property Damage
EXCESS LIABILITY
$ Eachl Occurrence
[ ] Umbrella Form
$ Aggtegate
[ ) Other than Umbrella
$ Self-insured retention
WORKERS COMPENSATION
$ Each Accident
AND
$ Disease Policy Limit
EMPLOYERS LIABILITY
$ Disease Each Employee
i
$
$
Description of operations/locations/vehicles/other
i
CERTIFICATE HOLDER CANCELLAT
CITY OF SALINA If cancel ed pr- 'ration date,
300 W ASH issuing co ende or to send
SALINA RS 67401 10 days w i ice to ert. holder
Authoriz