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HomeMy WebLinkAboutItem 06.v• • ☐☐ Green Spaces Use Agreement This Agreement dated April 25, 2019, by and between the CITY OF LAKEVILLE, Minnesota municipal corporation, whose business address is 20195 Holyoke Avenue, Lakeville, MN 55044 (City), and the Church of All Saints of Lakeville, Minnesota, whose business address is 19795 Holyoke Avenue, Lakeville, Minnesota (All Saints). Whereas, the City seeks to use green spaces at All Saints’ business address for various sport team practices and games. Now, therefore, in consideration of the mutual interests of All Saints and the City it is agreed: 1. USE OF PROPERTY: a. Use: All Saints agrees to permit the City to use the green spaces Labeled Deck 1 and 2 and the parking lot to the south of All Saints that is illustrated in the attached Exhibit A. Prior to any use of the green spaces by the City, its agents, employees, players, guests or invitees shall certify that the green spaces are safe for play and free of any impediments or perils. b. Scheduling: On or before each April 15, the parties agree to establish a mutually agreeable field schedule to schedule the City’s use of the green spaces. c. Additional Use: Any use by the City not scheduled prior to April 15 shall require the express written consent of All Saints Athletic Director or designee. d. Limitations on Parking: In no circumstance shall the City, its agents, employees, players, guests, or invitees park in the parking lot on Saturday from 4:30 pm to 6:00 p.m. and Sunday from 7:00 am to 12:00 pm. e. Reservation of Right to Use Green Spaces: Notwithstanding any use of the green spaces granted to the City pursuant to this Section 1, All Saints shall have priority use of the green spaces and /or the parking lot. All Saints will use Deck 1 in the fall, Mon-Fri. Fall usage will last until 4:30pm, with an occasional game lasting longer into the evening. All Saints will use Deck 1 in morning on most Saturdays. If All Saints seeks to exercise its priority right to use the green spaces and/or parking lot that conflicts with a use by the City granted pursuant to this Section 1, All Saints shall provide at least ten (10) days’ notice to the City of All Saints’ exercise of its priority right. Upon notice from All Saints, the use granted to the City conflicting with All Saints intended use shall be cancelled. 2. TERM OF USE AGREEMENT: The term of this Agreement shall be for one (1) year beginning on April 25, 2019, and ending on October 15, 2019, for a rental rate of $1.00 to be paid upon execution of this agreement. 3. RENEWAL OPTION: The Agreement may be renewed for additional one-year terms upon the mutual consent of both parties. Written intent to renew must be given by the City to All Saints ninety (90) days prior to the expiration date of this Agreement. If agreement on renewal or on the terms of renewal cannot be reached prior to the termination date of this Agreement, then this Agreement will terminate. Any renewal of this Agreement may be in an addendum form at the option of All Saints. 4. CONDITION OF THE GREEN SPACES: The City agrees to use the green spaces in its “as is” condition. The City shall repair any field impairments prior to their use of the green spaces. All Saints is in no way responsible for any field imperfections. 5. USE OF THE GREEN SPACES: The green spaces shall be used exclusively for the agreed upon activities. Parking in the parking lot shall comply with all posted parking restrictions. Vehicles shall be parked entirely within the paved portions of the parking lot. 6. MAINTENANCE OF THE GREEN SPACES: a. All Saint’s required maintenance of the green spaces is limited to the cutting of the grass and trash removal. b. The City assumes the responsibility for preparing the green spaces by chalking the field according to the specifications given by All Saints for fall soccer. The City shall endeavor to have litter and trash generated by its agents, employees, players, guests, or invitees deposited in the appropriate receptacles. 7. IMPROVEMENTS TO THE GREEN SPACES: The City shall not make or permit to be made any alterations, additions, improvements or changes in the green spaces without in each case first obtaining the written consent of All Saints. The City shall comply with all applicable statutes, ordinances, and rules in connection with any improvements. It is understood that all permanent improvements to the green spaces made by either party shall immediately become the property of All Saints and shall remain the property of All Saints upon the expiration or termination of this agreement. 8. PROHIBITION OF THE LIENS: The City shall never, under any circumstances, have the power to subject the interest of All Saints and the green spaces to any mechanic’s construction, or materialman’s liens or lien of any kind. 9. INSURANCE: a. The City shall purchase, in advance, and shall maintain with insurers of recognized responsibility licensed to do business in the State of Minnesota Liability insurance covering all acts of the City, its employees, agents, representatives and guests on the green spaces in a single limit amount of not less than $1,000,000. b. The amount of liability insurance may be adjusted by Landlord upon sixty (60) days written notice, to reasonably reflect the recommendation and current standards of the underwriting and insurance industry, taking into consideration inflation. c. All such insurance maintained by the City shall name All Saints, the City, and any Mortgagee holding a mortgage on the green spaces as insured and shall not be cancelable on less than thirty (30) days written prior notice to All Saints, the City, and any mortgagee by the insurer. Certificates of all such insurance shall be delivered to All Saints prior to use of the green spaces by the City and at least thirty (30) days prior to the termination date of any existing policy. d. Nothing in this Agreement shall be construed as to increase the total liability for the City above the limits on governmental liability specified in Minnesota Statutes § 466.04, Subd. 1(a). 10. INDEMNIFICATION: The City agrees to indemnify, defend and hold harmless All Saints, its employees, agents and representatives from and against liabilities, claims, losses, costs, expenses, judgments or damages, including reasonable attorneys’ fees, to the extent resulting from any intentional or willfully wrongful or negligent act or omission by the City, it agents, employees, and invitees. All Saints agrees to indemnify, defend and hold harmless the City, its employees, agents and representatives from and against liabilities, claims, losses, costs, expenses, judgments or damages, including reasonable attorneys’ fees, to the extent resulting from any intentionally or willfully wrongful or negligent act or omission by All Saints, its agents and employees. The City also agrees that All Saints shall not be liable to the City, or those claiming through or under the City for any injury, death or property damage occurring in, on or about the green spaces, surrounding grounds or areas providing access to the green spaces or surrounding grounds resulting from actions taken pursuant to this Agreement; and the City shall indemnify All Saints against, and hold All Saints harmless from liability, claims demands, damages, attorney fees, court costs and disbursement (including attorney fees, court costs and disbursements resulting from enforcement of this indemnity) thereof, arising out of any injury, death or property damage occurring in, on or about the green spaces, surrounding grounds, or areas providing access to the green spaces or surrounding grounds resulting from actions taken pursuant to this Agreement, except to the extent caused by the negligence or willful misconduct of All Saints or its officers, agents, employees, contractors or subcontractors. The total liability for the City shall not exceed the limits on governmental liability specified in Minnesota Statutes § 466.04, Subd. 1(a). Exhibit A All Saints Catholic School 19795 Holyoke Ave. Deck 1 & 2