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ECRA 1989LEASE AGREEMENT This Lease Agreement, dated February d, , 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). 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. IWM (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 By 4cr. ney S erb 'rMayor ATTEST: �lOLA,8. LA.A L;Vn %K�werc, Jacqueine Shiever, City Clerk "Lesso " Fred A. You - Less—l" r -5- 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. 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 ........... 41' 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 ",litterbug" 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. ���► CERTIFICATE OF INSURANCE Scottsdale, Arizona e� ISSUE DATE: 4-27-90 v ARTIFICATE HOLDER: City of saliTki � ��� 300 r* . Ash INSURED: Fred ymM 2X . 2 rA •i Salina, KS 67401 Eset Ormec rd _pAt_1m 73? Vir-tomes Ftdrffits SalinaM 67401 GENERAL AGENT: E V 1"S 01ria-Lee Galera1. ham, P. Q 2467 lqw�, Wasicn, rZ 662M THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 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. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS EACH DATE (MM/DD/YY) DATE (MM/DD/YY) OCCURRENCE AGGREGATE GENERAL LIABILITY COMPREHENSIVE FORM BODILYINJURY PREMISES/OPERATIONS EXPLOSION HAZARD COLLAPSE HAZARD L 88330 4,/13/90 PROPERTY UNDERGROUND HAZARD DAMAGE Q W PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY y BI & PD COMBINED SINGLE LIMIT $s $a EXTENDED COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT PROFESSIONAL LIABILITY ENDORSEMENT PERSONAL INJURY $ EXCESS LIABILITY BI & PD UMBRELLA FORM COMBINED $ OMBIBI SINGLE $ OTHER THAN UMBRELLA FORM UNIT OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS SLbjiwt to otomaay ?,- no] icy fcc.m, tom, tats & e' iarstr ants. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL I () 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. � I � �41r1 AUTHORIZED REPRESENTATIVE 14 N 948 (5-88) JJ' CERTIFICATE OF INSURANCE 4/23/90 PRODUCER TYPE OF INSURANCE COMPANIES AFFORDING COVERAGE GENERAL LIABILITY $ 500 General Aggregate COMPANY A: NAUTILUS INSURANCE CO R. G. B. Schmidt Ins., Inc. $ ---- Personal/Advertising Injury Policy #: L88330 $ 500 Each Occurrence [ ] P.O. Box 2747 Eff. Date: 04/07./90 Exp. Date: 04/01/91 Salina KS 67402 [ ] Any Auto COMPANY B: [ ] All Owned Autos Bodily Injury and Property (913) 827-7233 Damage Policy #: [ ] Hired Autos [ ] Non -owned Autos $ Bodily Injury (per person) Eff. Date: / / Exp. Date: / / INSURED $ Each Occurrence COMPANY C: [ ] Umbrella Form $ Aggregate I $ Self-insured retention Policy #: $ Each Accident AND $ Disease Policy Limit FRED YOUNG DBA EMPLOYERS LIABILITY Eff. Date: / / Exp. Date: / / EAST CRAWFORD BATTING CAGES COMPANY =D: Description of operations/locations/vehicles/other 732 VICTORIA HEIGHTS Policy #: SALINA KS 67401 l 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 att the terms, exclusions and conditions of such policies. 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 $ Each Occurrence [ ] Umbrella Form $ Aggregate [ ] Other than Umbrella $ Self-insured retention WORKERS COMPENSATION $ Each Accident AND $ Disease Policy Limit EMPLOYERS LIABILITY $ Disease Each Employee Description of operations/locations/vehicles/other CERTIFICATE HOLDER CANCELLATION CITY OF SALINA If canceled pr? 300 W ASH issuing coil�nan- SALINA KS 67401 10 days wr� iAl' I Authori z h ation date, 1 endeor to send ice toert, holder