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HomeMy WebLinkAboutItem 06.gMarch 15, 2010 Item No. REQUEST APPROVAL OF AGREEMENT WITH SOUTH FORTY ARCHERS FOR USE OF RITTER FARM PARK Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with South Forty Archers for use of Ritter Farm Park. Overview The South Forty Archers have utilized the archery range at Ritter Farm Park for 25 years. Staff regularly visits the site and has always found the facility to be in good order. The use of the Ritter Farm Park archery range is regulated under the attached agreement, which has been signed by Paul Reamer, the President of the South Forty Archers. The South Forty Archers submitted a check for $25.00 to the City of Lakeville for use of the range in 2010. The insurance has also been received and is on file in the Parks & Recreation Department. Primary Issues to Consider • Agreement has been revised to make this an ongoing contract Supporting Information • Agreement between South Forty Archers and City of Lakeville for use of Ritter Farm Park c Gerald S. Michaud Parks & Recreation Director Financial Impact: $25.00 Budgeted: Y/N Y Source: Related Documents (CIP, ERP, etc.): Notes: AGREEMENT FOR USE OF RITTER FARM PARK FOR SOUTH FORTY ARCHERY RANGE THIS AGREEMENT is made, executed and entered into this 15"' day of March, 2010, by and between the CITY OF LAKEVILLE, a municipal corporation and political subdivision of the State of Minnesota ("Lakeville"), and the SOUTH FORTY ARCHERY CLUB ("Archery Club"). SECTION 1. Recitals. Lakeville and Archery Club agree that this Agreement is made in accordance with the following recitals: A. Lakeville is the owner of certain dedicated park land known as Ritter Farm Park ("Park") and is in agreement with Archery Club that the Club may use a portion of the Park for the purpose of the South Forty Archery Range ("Archery Range") in accordance with the terms and conditions contained in this Agreement. B. Lakeville and Archery Club agree that it is mutually advantageous for them to set forth their respective obligations and agreements in their entirety in this Agreement. C. For and in consideration of the parties adhering to their respective obligations, covenants, and undertakings hereinafter contained, as well as for and in consideration of the sum of Twenty-five Dollars ($25.00) annually and other good and valuable consideration being provided by Archery Club to Lakeville, the receipt and sufficiency of which is hereby acknowledged, Lakeville and Archery Club agree to enter into this Agreement as hereinafter set forth. SECTION 2. Premises to be Used. Lakeville agrees to allow Archery Club to use a portion of the Park for the Archery Range as depicted in Exhibit "A". SECTION 3. Conditions. Lakeville and Archery Club agree that Archery Club will use the Archery Range subject to the following conditions: A. Archery Club acknowledges that Archery Club has inspected the Archery Range and is fully satisfied with its physical condition and agrees to accept the Archery Range in its present "as is" condition. Neither Lakeville nor any representative of Lakeville has made any warranties or representations upon which Archery Club relies with respect to the physical condition of the Archery Range. B. Archery Club accepts the Archery Range subject to such conditions, restrictions, and limitations, if any, that presently appear of record in regard to the Archery Range. C. Archery Club accepts the Archery Range subject to any applicable health, life, safety,' fire, or zoning ordinances, codes, regulations or statutes of the City of Lakeville, the County of Dakota, the State of Minnesota, or any other governmental body now existing or which may hereinafter exist by reason of any legal authority during the term of this Agreement. 4747 SRN r1119100 D. Archery Club accepts the Archery Range and is satisfied as to the boundary lines and contents of its premises and likewise satisfied with the sufficiency of the present title of Lakeville. E. Archery Club accepts the Archery Range subject to the proper performance by Lakeville of all the terms and conditions contained in this Agreement. F. Archery Club will, at Archery Club's sole cost and expense, provide and maintain a portable restroom on the premises from approximately May 1 through October 31, weather permitting. SECTION 4. Term. The term of this Agreement will begin on the 1St day of January, 2010. This agreement shall continue in effect and unless terminated by either party. This agreement may be terminated by either party without cause, effective upon written notification of termination to the other party. After termination, Lakeville shall have no further obligation to Archery Club. SECTION S. Payments - Unconditional. Archery Club agrees to make certain payments to Lakeville for the use of the Archery Range during the term of this Agreement. The annual fee for use of the archery range property at Ritter Farm Park shall be $25.00. Fees will be due and payable annually. All payments must be paid to Lakeville at the address specified in Section 18 of this Agreement. The obligation of Archery Club to make such payments is absolute and unconditional in all events. Notwithstanding any dispute between Lakeville and Archery Club or between Archery Club and any other person or entity, Archery Club must make all payments required when due and cannot withhold any payment pending final resolution of such dispute, or assert any right of setoff or counterclaim against its obligation to make any payments required. Archery Club's obligation to make payments during the term of this Agreement will not be abated by reason of damage to the Archery Range, accident, or unforeseen circumstances. SECTION 6. Deposit. Lakeville and Archery Club agree that Archery Club may be required to deposit with Lakeville certain sums of money. The South Forty Archery Club is required to have a $100.00 deposit with the City of Lakeville to be used in the event of damage to the property designated for use by South Forty Archery Club. SECTION 7. Use of Premises. Archery Club may use the Archery Range during the term of this Agreement for such exclusive or nonexclusive uses. Lakeville and Archery Club agree that the Archery Range will only be used by paid members of the Archery Club and their guests. Club shooting at the Archery Range will be from May 1 to October 31 from 6:00 p.m. to dusk, but in no event later than 9:00 p.m. Tuesdays and Thursdays. Weather permitting the range may remain open beyond October 31 for club use as authorized by the Parks and Recreation Director. A member's guests may use the range only if accompanied by the member of the Archery Club subject to such other rules and regulations as may be enacted by the Archery Club. Use of the range by members on occasions other than the Archery Club's shooting hours will only be in accordance with the following conditions: 4747 2 SRN:01900 1. The members will lock the gate at the entrance to the Archery Range when entering and leaving the Range. 2. The members will use extreme caution at all times while shooting and be aware of other people using the Archery Range and the Park, i.e., other shooters, horseback riders, hikers, etc. 3. The members are not to shoot at wildlife on the Archery Range unless such shooting is legally permitted, licensed, or otherwise allowed by Lakeville and/or the State of Minnesota. Field points and target points only are allowed to be used on the excelsior bales, except where approved by the Parks & Recreation Director. No crossbows or crossguns will be allowed on the Archery Range. All members using the range will abide by the Constitution and Bylaws of the National Field Archery Association and the rules and regulations of the Archery Club. SECTION 8. Repair and Maintenance. Lakeville and Archery Club agree that Archery Club will be responsible for any and all repair and maintenance of the Archery Range during the term of this Agreement. SECTION 9. Indemnification. Archery Club agrees to indemnify and save harmless Lakeville from and against all liability, damages, penalties, judgments, or claims of whatever nature arising from injury to person or property sustained by anyone arising out of Archery Club's use and occupancy of the Archery Range and will at Archery Club's own cost and expense defend any and all suits or actions (just or unjust) which may be brought against Lakeville or in which Lakeville may be impleaded with others upon any such above-mentioned matter, claim, or claims. This indemnification in no way limits Archery Club's obligation to maintain a blanket or other general liability insurance policy for the benefit of Lakeville. This indemnity and hold harmless agreement will include indemnity against all costs, expenses, and liabilities incurred in or in connection with any such claims or proceedings brought thereon and the defense thereof including reasonable attorney's fees. SECTION 10. Liability Insurance. Archery Club will, at Archery Club's sole cost and expense, provide and maintain during the term of this Agreement a blanket or general liability insurance policy against claims for personal injury, death, or property damage occurring in connection with the use and occupancy of the Archery Range, said policy will have limits of not less than One Million and 00/100 Dollars ($1,000,000.00) combined single limit. SECTION 11. Property Damaue Insurance. Archery Club will, at Archery Club's sole cost and expense, provide and maintain all risk property insurance during the term of this Agreement in an amount sufficient to cover all items of property owned, maintained, or controlled by Archery Club on the Archery Range. SECTION 12. Requirement for All Insurance. All insurance policies (or riders) required by this Agreement will be (i) taken out by Archery Club and maintained with responsible insurance companies organized under the laws of one of the states of the United States and 4747 3 SRN -0119100 qualified to do business in the State of Minnesota, (ii) will contain a provision that the insurer will not cancel or revise coverage thereunder without giving written notice to Archery Club as an insured party and to Lakeville as an additional insured at least thirty (30) days before cancellation or revision becomes effective, (iii) will name Archery Club as an insured party and Lakeville as an additional insured, (iv) will be in accordance with specifications approved by the City of Lakeville, and (v) will be evidenced by a Certificate of Insurance listing Lakeville as an additional insured which will be filed with Lakeville. Archery club shall furnish current certificate of insurance to Lakeville each year. SECTION 13. Intoxicating Beverages. Lakeville and Archery Club agree that intoxicating beverages will neither be served on or about the premises of the Archery Range without the written consent of Lakeville. Lakeville and Archery Club further agree that if Lakeville does consent to the serving of intoxicating beverages on the premises of the Archery Range, such serving of intoxicating beverages will only be allowed if served in accordance with Chapter 340A of the Minnesota Statutes and any regulations thereunder as well as any and all applicable City ordinances and code provisions as such statutes, regulations, ordinances, and code provisions may be from time to time amended, supplemented, or replaced. Lakeville and Archery Club further agree that the serving of intoxicating beverages will be subject to such terms, conditions, and limitations as may be required by Lakeville's insurance carriers, such terms, conditions, and limitations to be prescribed by Lakeville. SECTION 14. Assignment and Subletting. Archery Club will not by operation of law or otherwise assign or sublet or permit the Archery Range as depicted and described in this Agreement to be used by others without Lakeville's prior written consent in each instance. SECTION 15. Default. If the Archery Club at any time defaults in the observance of any of the terms, covenants, and conditions of this Agreement, including any exhibits thereto, Lakeville will immediately notify Archery Club of Archery Club's failure to observe such terms, covenants, and conditions. Upon such notice being given by Lakeville, this Agreement will wholly cease and terminate and Archery Club will have no rights or interests whatsoever to further use or occupy the Archery Range. Lakeville may reenter and recover possession of the Archery Range either with the consent and cooperation of the Archery Club or, if such consent and cooperation are withheld, may recover possession thereof and reenter in the manner prescribed by Minnesota Statutes Chapter 566 on Forcible Entry and Unlawful Detainer, as such Chapter may be amended, supplemented, or replaced from time to time, with Lakeville thereby being entitled to such rents, costs, and attorney's fees as allowed by law. In the event of any default by Archery Club under the terms of this Agreement, the payments required under this Agreement will be due and paid up to the time of Lakeville's recovery of possession and reentry upon the premises. SECTION 16. Successors and Assigns. Lakeville and Archery Club agree that this Agreement will be binding upon and inure to the benefit of the successors and assigns of the parties hereto in accordance with the terms and conditions of this Agreement and any statutes, regulations, ordinances, or city code provisions applicable thereto. SECTION 17. Written Notices or Other Correspondence. Any written notice or other correspondence to be provided by and between Lakeville and Archery Club in accordance 4747 4 SRN -01190 with this Agreement will be either hand delivered or mailed by registered or certified mail to the following addresses: LAKEVILLE: Gerald S. Michaud, Parks & Recreation Director City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 ARCHERY CLUB: Paul Reamer, President South Forty Archery Club 6734 Casey Parkway Prior Lake, Minnesota 55372 SECTION 18. Waiver of Default. Any waiver by Lakeville of a default under the provisions of this Agreement by Archery Club will not operate or be construed as a waiver of a subsequent default by Archery Club. No waiver will be valid unless in writing and signed by the Mayor and attested by the City Clerk on behalf of Lakeville. SECTION 19. Invalidity of Provisions. If any term or provision of this Agreement or any application hereof to any person or circumstance is to any extent found to be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable will not be effected thereby and each term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law. SECTION 20. Entire Agreement. This instrument herein contains the entire and only agreement between the parties and no oral statements or representations or prior written matter not contained in this instrument will have any force and effect. This Agreement cannot be modified in any way except by writing executed by both parties. SECTION 21. Governing Law. This Agreement will be governed exclusively by the provisions hereof and by the laws of the State of Minnesota, as the same from time to time exists. IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day and year first above written. CITY OF LAKEVILLE SOUTH FORTY ARCHERY CLUB And Holly Dahl, Mayor Charlene Friedges, Clerk 4747 5 SRN:r1119100