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HomeMy WebLinkAboutResolution No. R25-26RESOLUTION NO. R25-26 A RESOLUTION OF THE CITY COUNCIL APPROVING THE SUBLEASE AGREEMENT BY AND BETWEEN LAUREL HIGH SCHOOL DISTRICT NO. 7 AND AMERICAN LEGION BASEBALL POST #123 LAUREL DODGERS. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section l: Approval. The Sublease Agreement by and between Laurel High School District No. 7 and American Legion Baseball Post #123 Laurel Dodgers, a copy attached hereto and incorporated herein ("the Sublease Agreement"), is hereby approved. Section 2: Execution. The Mayor is hereby given authority to approve the Sublease Agreement on behalf of the City. Introduced at a regular meeting of the City Council on the 8"' day of April 2025, by Council Member Mize. PASSED and APPROVED by the City Council of the City of Laurel on the 8th day of April 2025. APPROVED by the Mayor on the P day of April 2025. C OF LAUREL �\Jw .-- Dave Waggoner, Ma 'r ATTEST: ketr r, lerk-Treasurer APPROVED AS TO FORM: (A , �,6,6 L J Michele L. Braukmann, Civil City Attorney R25-26 Approve Sublease Agreement between School District and Laurel Dodgers SUBLEASE AGREEMENT .This Sublease Agreement is entered into.on this 2Y. day of February, 2025, by and between Laurel High School District No. 7, Yellowstone -County with a principal address of4,10 Colorado Ave. Laurel, MT 59044 (hereafter "School District") and .the American Legion Baseball Post #123 Laurel Dodgers, lvhoSe business address is 1208 0 Ave. Laurel Montana 59044.(hereafter "Laurel .Dodgers"). This Sublease- shall be construed. as a .Sublease• of .the.. Lease Agreement entered into between the Laurel.Dodgers and the City of Laurel Montana for the Aruerican Legion baseball field located at. Thomson Park, the concession stand for the field; and the applicable. parkixig lof (herein after jointly,referred.to as." Fremises") As.coriteinplated in the City of Laurel's ResoludoriNos. R19, 97 and R23-23. Sectio;a 1 `- Approval;. As approval from the City of Laurel is needed -for any sublease agreement for the Premises, this ' Agreement is null and void to the extent that approval of this Sublease Agreement is not granted by the City ef.=Laurel, Upon granting the ability to sublease the Premises to the Laurel Dodgers, this Agreement shall. be in full force and effect. Section 2:.Sublease Terra_ This Sublease shall have a teen of 15 years beginning.on the date this contract is entered into. It shall remain a sublease to any valid Lease Agreement which is entered into or renewed as between the Laurel Dodgej-s and tb(e City of Laurel for'the Premises. At. the expiration of the 15 year term and subsequent Sublease will need to be agreed upon and executed.. Section 3:.School District R4_,hts and Oblikations. A. . The School District shall have a superior right to use the Premises from March 1" through the entirety of the Mii:SA. hioi school baseball season, which right shall continue year to year. The purpose of this use will encompass .all 'aspects. of operating a high school baseball prod am on the. Premises, which naay'include but is not 1nnited to hosting practices, trainings, meetings, and'playigl.4osth)g baseball games and/or tournaments. The Laurel Dodger's right to use the premises during thus rime period is-extiuguished and may only use the Premises to the extent that the Sohool District's .Superintendent accepts any. such use. School District activities, practices, and ally use of the Premises during this tirne_period supersedes any right of the Laurel Dodgers to use the Premises. The School District and•the Laurel Little League will maintain communication and a good working relationship. The School ist�ct will shrive .to give the Laurel Little League field access by 6:30 pm. on nights when there are no scheduled high school games. B. During the period of lviarch 'II through- the, State Baseball Tommiarnent of each yea.i•, the School District will assume certain duties related'to the Premises, including snowing the grass and keeping'the Premises in a Glean arid orderly condition whi& . will include performing janitorial services. The Sohool District will pay a yearly' fed of $2000 (for 7 years - 2025-26 to 2031-32), payable to the Laurel Dodgers; fir f?e1Z1 maintenance (excluding mowir}g) and the lining of the'frdld. The fee will be incrdased to'$2200 per season s_ tarting.school year 2032-33. ThOchool District shall have.no .. general maintenance or upkeep duties as to.any structures.or physical conditiorts.of. the 1'ren�ise other than those expressly stated herein and shall not be responsibla fbr- inaintaining the gy6unds or'structur@s Contained on tile Premises unless expressly stated herein. C, The School District shall have the.right,to- use all equipmedt and utilities located on the Premises, such as tools used' in maintaining or preparing the ' Premises, score keeping esluipment, and the appliances used in.operating.the concession stand, during its tenn.of.use from March I" through the entirety of the MHSA high school .baseball season of each year. The School Nsttict: is responsible to pay water and electricity for the school's use of the field during this time frame. The. ScliodE istriet will also be responsible for the replacement•of.all disposable goods such as gasoline, -Paint, Turface used on the field .dining -the School District's time•tifuse. D. The School District.shall x-emove all.. School District property from the Premises by June 5' of each year and may otherwise store School District property on the Premises -during its term of e7iChlsive use. E.' The School District• will store the Laurel Dadger's bus on school "grounds. for the length,of this lease: F. The School District will Allow 'the use •of the Laurel School Gymnasiums for fundraising•- bosketbell tournaments at'no cost (excluding custodial cleanup costs if necessary), Limit 3 per school year. , G. Major upgrades to the field and grounds niust•be agreed upon by the Laurel Dodgers Board, the Laurel Public Schools Board of:Trustees, and the Laurel Little League Board, Should all . boards agree to an upgrade, the cost -to edch entity will be determined by the -individual boards - and the entity's ability- to -afford the:uligrade(s), H. The School District recogrnizes the rights maintained by the`City of Laurel within the'Leage Agreement between the Laurel Dodgers anti the City of Laurel. Section 4: Laurel Dodgers Rights and Obli ate ions.: -A, The Laurel Dodgers shall maintain the duty of conducting necessary maintenance and to keep'. the Premises in a food state of repair and acceptable eoMition, including identifying and taking immediate action to cotTect any' hazardous conditions, which shall include the rightto. inspect thet property and to perform any necessary maintenance, to the exient •that •such inspection or•maintenancc does hat interfere witli the School District's use of the Pre ses. B. -The Laurel Dodgers agree to maintiiinall 'obligations as. noted in the Lease.Agreement 'it rnaintains'with the City. of Laurel' for the Premises, unless and.only..•to:tlle extent that:the' . School District temporinly oversees .such obligation as noted witlun this Sublease Agreement. Section 5; Consideration: In consideiativn for the use of the Premises as described.withln this Sublease Agreement, the School District will allow the Laurel Dodgers use. of the School District's gymncisium(s), from time to time, for practices when requested and to the "extent that the that use of School District property by the Laurel Dodgers would not interfere with School District activities or operations. Any use of. the Sehool'Distrkt's property at any time much be sought tbrough prior xppraval by the School Distriet's'Superintendent. Notivng within this Agreement waives the duty of the Laurel Dodgers, including players, patents.,, -and coaches, from following School District policy or procedure. -The Dau'rel'Dhdgers agree that denial'or prohibition from utilizing School District. property shall not constitute a breach of this Sublease Agreement. Section b: Assignment and Tenhination a. Neither the School District nor.the Laurel Dodgers may assign, transfer,. or sublet -the rights, under .this Sublease Agreement to any party without the prior written consent of the other party. b.' The School District may terminate this. Sublease Agreement -for any and idl reason upon 6 inonths written notice to the Laurel Dodgers. The Laurel Dodgers may terminate this Sublease Agreement pursuant to 2 year ptzor, written. notice to the School District's. Superintendent. Section 7; jnvrI.Roth parties to this. Sublease Agreement shall obtain.and maintain at , all tines comprehensive general liability insurance in an amount •which is cammereially reasonable. Section 8..Indemnification..Each Party (fhe "lndelnnifying Party'.')., agrees to indemnify; defend,.and hold haxmless the other 1'ai � (the "Izacierrcnifed P4j,* its ai%liatcs; of icei s, employees; directors, administration, and agents, from Gild. against any and all claims, •liabilities,* losses, costs, - and expenses (including reasonabXattrn e•oeys, fees) arising out of or in relation to: (a) any breach by the Indemnifying Party or its.representatives of the o%ligations of this Agreement; and (b) any act or. - omission of the Indemnifying Parry whielx may be found to be'negligent orwillful in viblidon of State ofFederal)'.asv, criminal or civil. ilxe performance of this Agreement, exQept to the extent caused by the negligence or misconduct of the indemnified Party. Section 9, Entire Agreement_; This Sublease Agreement. and shall be deemed -to include the entire agreei�ent between thepartiesbereto and no waiver of any right, agreement or conditioahei-ein and. no modification- of any. term.oi• condition herein shall. be binding upon either party unless in Writing.and signed by the parties. - Section 10: Partial Invalidity: In the event -any provision of this Sublease Agreement or pact -thereof shall be determined by any court of competent jurisdiction to be. invalid, void, or otherwise unenforceable, the remaining provisions hereunder, or parts thereof, shah reaming in full -force and effect and.shall-in no way be affected, impair-ed, or altered. Section 11: Notices: Notices or demands required herein shall be- in vn'ifing and sent -by certified mail to the noted above. The address of either party above may be changed jhm . time to lime thrnugh written no-ice-in.that regard: Ame"riean LegionAfaxiliaiy Laurel Unit• 12.3 Position: • /�re,r'a�m 7� Dated. BY:. LaurelH� Sc}zool' istiict No, 7 Position.. Dated: z 2j ;