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ECRA 1991LEASE AGREEMENT This lease agreement, dated ea ,zs , 1991, 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 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 this 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, 1991, and ending midnight February 28, 1996. 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 1 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 specification 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). Use of Premises. Lessee agrees that the Premises shall not be used or occupied for any purpose other than provided for in paragraph (3) hereof, or that constitutes a nuisance, or 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. (10). Advertising. The leased area must be identified as publicly owned in all signs, literature and advertising, and the concessionaire identified as such. 2 (11). Nondiscrimination. The sponsor/State 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. `r (12). 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. (13). Alterations. Following the initial construction necessary to begin operation, Lessee shall not alter, improve or change the Premises without the prior written consent of the 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 alternations, improvements, or changes. (14). 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 improvements shall become the property of the Lessor. (15). 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. (16). Assignment. Lessee shall not assign this Lease Agreement, without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. (17). 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 3 for improvement of the Premises. (18). 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. (19). 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. (20). 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. (21). 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. (22). 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. (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 delivery of the notice specifying the nature of the default, the 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 0 pitching machine equipment from the premises 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: 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 (25). Applicability. This Lease Agreement shall be binding upon the parties hereto, and their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the date first above written. ATTEST: - S" w w Jacquline Shiever City Jerk, "Lessor" CITY F SALINA, KANSAS By: Robert E. FraAk, Ma J_ "I /_1 � /K X�'f'� ; Fred A. Youn Less8 9 LEGAL DESCRIPTION Also referred to as Exhibit "A" The actual legal description of the "Premises" shall be completed at a future date and shall be annexed to this Lease Agreement as "Final Exhibit A. " Pending final preparation of the legal description of the Premises any construction work shall be done at such location as shall be approved by the Director of Parks and Recreation. 6 CONSTRUCTION SPECIFICATIONS Also referred to as Exhibit "B" For the operation of batting cages at Bill Burke Memorial Park by Fred A. 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. 2 1/2" O.D. Line Post 3" O.D. Terminal Post 1 5/8" O.D. Top Rail Tension wire - 7 gauge 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 10", corner 12". Terminal post shall be a minimum of 36" below surface with line post 24" below surface. SLAB - The following specification will be followed for the construction of 651W x 751D 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 ........ 61 x 6' - 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 degrees or less without adequate frost protection. Concrete shall then be deposited between the forms in its full course and in one continuous operation. 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 LIGHTING - Any lights used for operation of facility shall be approved by Director of Parks and 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 Bill Burke Memorial Park by Fred A. 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 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. 9 :C:E-R.T'If.ICATE OF INSURANCE ' vv PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Chris-Leef General Agency, Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P. 0. Box 2467 POLICIES BELOW. Shawnee Mission, KS 66201 COMPANIES AFFORDING COVERAGE INSURED COMPANY LETTER A EAST CRAWFORD BATTING CAGES NAUTILUS INSURANCE CO. 732 VICTORIA HEIGHTS SALINA, KS 67401 -- REVISED -- COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR ANY OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. CO LR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRES LIMITS A GENERAL. LIABILITY L 108979 05/01/91 05/01/92 BODILY INJURYOCC. BODILY INJURY AGG. COMPREHENSIVE FORM X PREMISES/OPERATIONS PROPERTY DAMAGE OCC. UNDERGROUND EXPLOSION AND COLLAPSE HAZARD PROPERTY DAMAGE AGG. BI & PD COMBINED OCC, PRODUCTS /COMPLETED OPER. BI& PD COMBINED AGG. rJOO OOO CONTRACTUA4-1 IND EPENDENT"CONTRACTORS PERSONAL INJURY AGG. BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY ANY AUTO (Per Person) ALL OWNED AUTOS (PRIV. PSGR.) BODILY INJURY ALL OWNED AUTOS (OT.TH. PR. PR.) (Per Accident) PROPERTY DAMAGE HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY BODILY INJURY & PROPERTY DAMAGE COMBINED EXCESS LIABILITY EACH OCCURANCE AGGREGATE UMBRELLAFORM I OTHER DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / SPECIAL ITEMS (SUBJECTTO ALL COMPANYAND POLICYTERMS, FORMS, CONDITIONS, AND ENDORSEMENTS.) ADDITIONAL INSURED CANCELLATION Jri L)ULu ANY UI- 'I Mt AbOvE Ut6t.HI17LD YOLIL.ItJ bt I.NNI.ALLtU eEr0rlt 1 r1 EAhpiAI ION �DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH CITY OF SALINA NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, 300 W. ASH ITS AGENTS OR REPRESENTATIVES. SALINA, KS 67401 AUTHOD&EDR RESENTATIVF' • /RM CERTIFICATE OF INSURANCE ISSUE UAT-. (MM/DD/w 05/07/91 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Chris-Leef General Agency, Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P. O. Box 2467 POLICIES BELOW. COMPANIES AFFORDING COVERAGE Shawnee Mission, KS 66201 INSURED COMPANY LETTER A EAST CRAWFORD BATTING CAGES NAUTILUS INSURANCE CO. 732 VICTORIA HEIGHTS SALINA, KS 67401 COVERAGES THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR ANY OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAYPERTAIN. THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. CO LR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRES LIMITS A GENERAL LIABILITY L 108979 05/01/91 05/01/92 BODILY INJURY OCC. BODILY INJURYAGG. COMPREHENSIVE FORM PROPERTY DAMAGE OCC. X PREMISES/ OPERATIONS UNDERGROUND EXPLOSION AND COLLAPSE HAZARD PROPERTY DAMAGE AGG. BI & PD COMBINED OCC. PRODUCTS / COMPLETED OPER. BI& PD COMBINED AGG. 500;000 CONTRACTUAL PERSONAL INJURY AGG. INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY ANYAUTO (Per Person) BODILY INJURY ALL OWNED AUTOS (PRIV. PSGR.) ALL OWNED AUTOS (OT.TH. PR. PR.) (Per Accident) PROPERTY DAMAGE HIRED AUTOS NON—OWNED AUTOS BODILY INJU RY & PROPERTY DAMAGE GARAGE LIABILITY COMBINED EXCESS LIABILITY EACH OCCURANCE AGGREGATE UMBRELLAFORM 3 -- -- OTHER I r - DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / SPECIAL ITEMS (SUBJECTTOALL COMPANYAND POLICYTERMS, FORMS, CONDITIONS, AND ENDORSEMENTS.) —. ..__ ...._._ __... ......... ..... ... _.. — ......_... ... _ -- — CERTIFICATE HOLDER CANCELLATION PRODUCERSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCALLED BEFORE 1HE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLXIXkXIK9RYTY4 MAIL 10 DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFTY CITY OF SALINAKX19X4�3i3Cr3U}�Df�t�{�CXX 300 W . ASH WA30WX SALINA, KS 67401 ; AUTHORIZ REPENT EIr MC Cky AUMucy Cmn A Bait" M3) 8216325 CITY OF SAUNA, KANSAS March 27, 1991 Stephen L. Snyder, Director Parks and Recreation City of Salina P.O. Box 736 Salina, KS 67402-0736 Jacqueline B. Shiever City Clerk City of Salina P.O. Box 736 Salina, KS 67402-0736 Re: Lease Agreement between The City of Salina and Fred A. Young Dear Steve and Jackie: FILED '91 MMR 28 Pg.= SaBva, SS 67402 -SMO UITY Y wH"{A, KS CITY CLERK'S OFFICE tp -< �o rr- C, M U) co to r =D CD �s -n x m v' � P rn 0 To Steve I enclose a photocopy of the captioned Lease Agreement. I am sending the original Lease Agreement to Jackie for safekeeping. Thank you. Very truly yours, g A. Bengtson Attorney enc.