Soccer Complex Use Agreement
SALINA SOCCER COMPLEX USE AGREEMENT
THIS AGREEMENT, made and entered into this 'l3(d- day of
-JtLn.lttllL:t ' 2006, by and between the City of Salina, Kansas (the "City") and the
Salina Soccer Club Association, a Kansas not-far-profit corporation, (the "Salina Soccer Club").
Recitals
A. The City is currently developing a soccer facility located on East Magnolia Road
(the "Salina Soccer Complex") to be administered by the City's Parks and Recreation
Department.
B. Development of the Salina Soccer Complex at this time has been made possible
through the public/private partnership between the City and the Salina Soccer Club, including the
commitment of private funds in the amount of $750,000 by the Salina Soccer Club ("Soccer
Club Funding Commitment").
C. The City and the Salina Soccer Club desire to address final payment of the Soccer
Club Funding Commitment to the City and to address the terms upon which the Salina Soccer
Club will be permitted to make use of the Salina Soccer Complex.
THE PARTIES therefore covenant and agree:
1. Ownership and Control. The Salina Soccer Complex and all related improvements,
equipment and furnishings shall be the property of and owned by the City of Salina, Kansas. All
financial and material donations made for purposes of completing, improving and upgrading the
Salina Soccer Complex shall be deemed to be the property of and owned by the City of Salina,
Kansas. The Salina Soccer Complex and related improvements, equipment and furnishings shall
at all times be under the control of the City Manager of Salina, Kansas, or his designee, and
except as otherwise expressly set forth herein, the City shall at all times have the right to control
and designate use of the Salina Soccer Complex.
2. Soccer Club Funding Commitment, Condition Precedent to Benefits. The Salina
Soccer Club has paid toward the Soccer Club Funding Commitment the sum of $324,965 in real
estate acquisition and engineering costs. The Salina Soccer Club also has on hand the cash sum
of $298,500, which it agrees to pay to the City to be applied toward development of the Salina
Soccer Complex within thirty (30) days of receipt of written notice from the City either mailed or
delivered to the following representative of the Salina Soccer Club:
David D. Ouderkirk
AG Edwards & Sons, Inc.
118 W. Iron Avenue
Salina, KS 67401
Paula S. Knox
171 E. Lake Drive
Salina, KS 67401
The Salina Soccer Club shall then complete its fundraising and pending grant efforts until such
time as it can to pay to the City the remaining balance of the Soccer Club Funding Commitment
in the amount of$126,535. Upon payment of the Soccer Club Funding Commitment in full as a
condition precedent, the benefits inuring to the Salina Soccer Club as set forth below shall then
go into effect for the balance of the term of this Agreement.
3. Term. The term of this Agreement shall be for a period of 30 years from the date of
this Agreement first stated above.
4.
Usage.
(a) The Salina Soccer Club will have first priority usage of the Salina Soccer
Complex for two weekend youth soccer tournaments in the fall of every year; two weekend
youth soccer tournaments in the spring of every year; and two weekend youth soccer
tournaments in the summer of every year. The Salina Soccer Club will provide notice of the fall
tournament dates to the Parks and Recreation Department on or before June 1 of the calendar
year in which the tournaments will be held. Notice of the spring tournament dates will be
provided by the Salina Soccer Club to the Parks and Recreation Department on or before January
1 of the calendar year in which the tournaments will be held; and notice of the summer
tournament dates will be provided on or before March 1 of the year in which the tournaments
will be held.
(b) The Salina Soccer Club will have first priority for scheduling spring, summer
and fall leagues at the Salina Soccer Complex. The league schedules and number of fields
requested will be submitted to the Parks and Recreation Department by the Salina Soccer Club
on or before June 1 for fall league dates, January 1 for spring league dates, and March 1 for
summer league dates. Fall league games will take place between August 16 and November 7;
spring league games will take place between April 1 and May 31; and summer league games will
take place between June 1 and July 31.
(c) The Salina Soccer Club will be entitled to use the Salina Soccer Complex for
special uses to include player clinics, camps, etc. Dates will be coordinated through the Parks
and Recreation Department to find dates when the fields are available.
(d) The Parks and Recreation Department will coordinate with the Salina Soccer
Club to determine the number of fields available for Salina Soccer Club team practices. The
Salina Soccer Club will then coordinate times and field usage on said fields by its teams.
5. Concessions. The City will be the sole provider of concessions or subcontract for
concessions for all events held at the Salina Soccer Complex; provided, however, the Salina
Soccer Club will have the right to provide concessions, or subcontract for the provision of
concessions, at all Salina Soccer Club sponsored tournaments, subject to payment of the
concessions rights fee for each tournament. Any such concession rights fees charged the Salina
Soccer Club shall not exceed the fees charged others for similar services by the City. If the
Salina Soccer Club chooses this privilege, it will be entitled to keep all proceeds from
concessions it operates or subcontracts. Likewise, the City or its subcontractor will receive all
concessions proceeds from concessions it operates.
6. Gate or Admittance Fees. The Salina Soccer Club may charge a gate or admittance
fee for admittance to its tournament games, so long as the fee is reasonable and comparable to
other fees charged for attending other similar events in the State of Kansas; otherwise, the right
to charge such fee must have the prior approval of the Advisory Board of the Salina Parks and
Recreation Department. All such revenues and receipts collected by a sponsoring organization
shall be the property of such sponsoring organization and it shall be the sole responsibility of the
sponsoring soccer organization to provide all labor and materials involved in the collection of
gate or admittance fees. The City shall have no responsibility, liability or obligation whatsoever
relating to or arising out of the charging and collecting of gate or admittance fees.
7. Liaison. The Salina Soccer Club will appoint a Liaison to interact with the Parks and
Recreation Department on issues such as the following:
(a)
Resolve grievances;
(b)
To provide input on tournament schedules;
(c) To be the Salina Parks and Recreation Department contact regarding field
management and rotation, including recommendations regarding mowing, maintenance, and
game cancellations.
8. Naming of Facility. The soccer complex located on East Magnolia will be known as
the Salina Soccer Complex. During the term of this Agreement, any naming or change of name
by the City's governing body will only be done with prior consultation with the Salina Soccer
Club board.
9. Maintenance. The City shall maintain the fields in a manner comparable to other
Parks and Recreation facilities. The City will provide supplies and labor for lining the fields. In
the event the City does not supply storage space for the Salina Soccer Club, the Salina Soccer
Club will be allowed to set up a storage unit for its materials, subject to (a) prior approval
regarding location, size, type of storage facility, and (b) applicable codes.
10. Field Preparation Fees. The City may charge a field preparation fee to any
organization requesting field preparation. The fee will be applicable each time preparation of a
field is requested. Any such fees charged the Salina Soccer Club shall not exceed the fees
charged others for similar services by the City.
11. Cancellations. The Parks and Recreation Department will have the final decision on
any cancellations. The Parks and Recreation Department will promptly notify the Salina Soccer
Club Liaison of any cancellations.
12. Utilities, Insurance, and Maintenance. City agrees that it shall at all times during the
term of this agreement:
(a) Provide all necessary insurance coverages with respect to the ownership and
use of the Salina Soccer Complex described herein, including but not limited to public liability
insurance and fire and extended coverage insurance.
(b) Furnish all utilities necessary for owning, maintaining, operating, using and
otherwise caring for the Salina Soccer Complex.
(c) Maintain and keep all buildings, structures, improvements, grounds, equipment
and furnishings which constitute a part of the Salina Soccer Complex or any related property in a
state of cleanliness and in a state of good repair and condition as to promote a quality facility for
the City of Salina, Kansas, its inhabitants and its soccer program.
13. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
parties hereto, their respective successors and assigns.
IN WITNESS WHEEROF, the undersigned have hereunto caused this Agreement to be
executed on their behalf on the day and year first above written.
::¡;;:' ~
Deborah Divine, Mayor
Attest:
(~S¡iAJ
Attest:
OCCER CLUB ASSOCIATION
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David D. Ouderkirk, President
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