Facility Use Agreement for Pestinger Family Stadium FACILITY USE AGREEMENT
between the
CITY OF SALINA,KANSAS
and
UNIFIED SCHOOL DISTRICT NO. 305
Regarding use of Pestinger Family Stadium (formerly Wilbur Field)
This Facility Use Agreement dated effective March 11., 2024 (this "Use Agreement") is
entered into between the City of Salina, Kansas, a Kansas municipal corporation, (the "City")
and Unified School District No. 305, Saline County, State of Kansas (the "District"),
collectively (the"Parties").
Recitals
A. The City and Salina Baseball Enterprises, Inc. have undertaken a cooperative
public-private partnership to renovate and improve the baseball facility located in Berkley Family
Recreation Area("BFRA")to be known as Pestinger Family Stadium(the"Stadium")pursuant to
an Agreement dated effective October 9, 2023, and First Amendment dated effective February 12,
2024, (the"Pestinger Family Stadium Agreement"), including the installation of new lighting and
turf to enhance the playability of the field during the District's primarily spring seasonal use of the
Field for its high school baseball athletic programs (the"Project').
B. The District has agreed to contribute$200,000 toward Salina Baseball Enterprises,
Inc.'s participation in the cost of the Project in exchange for this Use Agreement.
C. The City and the District are currently parties (along with Salina Baseball
Enterprises, Inc., and Kansas Wesleyan University) to an Agreement dated effective August 3,
2020 (the"Dean Evans Stadium Agreement or DESA").
THE PARTIES,therefore, agree and covenant:
1. Consideration for Contribution. In consideration for its participation in funding
the Project in the amount of$200,000, the District will have access to the Stadium for its high
school baseball athletic programs and other athletic activity requests in accordance with the terms
of this Use Agreement.
2. Scheduling, Priority Use; Graduated Fee Schedule. Consistent with the terms
of the Pestinger Family Stadium Agreement and the Dean Evans Agreement, the City and the
District acknowledge and agree that:
(a) The Stadium is a BFRA Facility for purposes of the role of the existing BFRA
operations and maintenance advisory board as described in Section 4.2 of the Dean Evans
Stadium Agreement.
(b) Following construction and acceptance by the City of the completed Project,
the Stadium shall remain under the ownership and control of the City. As such, the City
shall at all times have the right to control and designate the uses and scheduling of the
Stadium, subject to Baseball Enterprises' and the District's respective scheduling priority
described in Section 4.3 of the Pestinger Family Stadium Agreement as it references the
Dean Evans Stadium Agreement,and with the benefit of the recommendations of the BFRA
operations and maintenance advisory board and the parks and recreation advisory Board,
as applicable.
(c) Scheduling of the Stadium will be a city staff administrative function to be
conducted upon the same terms as Section 4.3 of the Pestinger Family Field Agreement as
it references the Dean Evans Stadium Agreement (DESA Sec. 4.4), including the priority
given Baseball Enterprises, Inc. (DESA Sec. 4.4.1.) and the District(DESA Sec. 4.4.2.).
(d) In recognition of the contribution to the Project by the District and
consistent with Section 4.4.2.1. of the Pestinger Family Stadium Agreement, a graduated
user fee schedule conceptually identical to the existing graduated fee schedule provided for
in Sec. 4.5.2 of the Dean Evans Stadium Agreement shall apply to the District's use of the
Pestinger Family Stadium commencing upon the effective date of the Pestinger Family
Stadium Agreement.
3. Term. The term of this Use Agreement shall be for a period of ten (10) years
commencing with the effective date stated above and ending ten(10)years thereafter.
4. Administration of Agreement. All references in this Use Agreement requiring the
City's participation or approval shall mean the participation or approval of the city manager or the
city manager's designee,unless otherwise provided herein.
5. Separate Entity. It is understood and agreed that the City and the District are
separate public entities, and that no relationship of principal/agent or employer/employee exists
between the City and the District. Nothing within this Use Agreement is intended to and will not
constitute, create, give rise to, or otherwise recognize a joint venture, or formal business
association or organization of any kind between the City and the District.
6. Assignment. The Parties acknowledge that participation under this Use Agreement
is based upon the unique nature and role of each of the City and the District. Consequently,neither
this Use Agreement nor any interest in it shall be assigned or transferred by either the City or the
District.
7. Amendment. This Use Agreement may be amended from time to time upon the
approval of both the City and the District documented by a writing specifically stating the amended
terms and signed by a authorized representatives of both the City and the District.
8. Default. If either the City or the District fails to comply with any term of this Use
Agreement within thirty (30) days after written notice to comply has been given by the non-
defaulting Party to the defaulting Party in a manner provided in Section 10 below, such failure
shall be deemed an immediate breach of this Use Agreement("Event of Default").
9. Termination. Upon the occurrence of an Event of Default,the non-defaulting party
shall have the right to terminate this Use Agreement.
10. Notices. All notices required or permitted to be given pursuant to this Use
Agreement shall be in writing and delivered personally or sent by registered or certified mail,
return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air
courier service. Notices shall be addressed as appears below for each party:
City of Salina,Kansas: City Clerk
300 W.Ash St.
P.O.Box 736
Salina,KS 67402-0736
USD#305: Board Clerk
1511 Gypsum Ave.
P.O. Box 797
Salina,KS 67402-0797
IN WITNESS WHEREOF, each of the Parties,by its duly authorized representative,has
executed this Use Agreement on the date shown below the authorized representative's signature.
CITY OFA INA,KANSAS
Ai°
ael 1 chrage, City Manager
Date: March 12, 2024
Attest:
i ,.,
Nikki Goding, City Clerk
UNIFIED SCHOOL DISTRICT NO. 305
James1e�, Board President
Date: March 5, 2024
Attest:
•
Deborah S. Howard, Board Clerk