HomeMy WebLinkAboutCity Council Packet 12.10.2019
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, DECEMBER 10, 2019
6:30 PM
CITY COUNCIL CHAMBERS
NEXT RES. NO.
R19-87
NEXT ORD. NO.
O19-03
WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative
government. To encourage that participation, the City Council has specified time s for citizen comments on its agenda -- once
following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement
not to exceed one minute in duration for any speaker; and again following Items Removed fro m the Consent Agenda, at which
time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be
limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Coun cil. Citizens may also
comment on any item removed from the consent agenda prior to council action , with each speaker limited to three minutes,
unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an agenda
item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment
by the Mayor. Once again, each speaker is limited to three minutes.
Any person who has any question concerning any agenda item may call the City Clerk-Treasurer's office to make an inquiry
concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will
attend the Laurel City Council meetings often .
Pledge of Allegiance
Roll Call of the Council
Approval of Minutes
1. Approval of Minutes of November 26, 2019.
Correspondence
Council Disclosure of Ex Parte Communications
Public Hearing
2. Ordinance No. O19-03 An Ordinance Amending The Laurel Municipal Code For The Purpose
Of Changing City Park Hours Pursuant To 12.28.060. (PH 12.10.2019)
Consent Items
NOTICE TO THE PUBLIC
The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will
first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for
discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of
this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the
exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll
call under one motion.
3. Claims for the month of November 2019.
4. Approval of Payroll Register for PPE 12/1/2019 totaling $236,171.58.
Ceremonial Calendar
Reports of Boards and Commissions
5. Reports of Boards and Commissions
City/County Planning Board Minutes of November 20, 2019.
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Audience Participation (Three-Minute Limit)
Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding
tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience
Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not
on the agenda.
Scheduled Matters
6. Resolution No. R19-87: A Resolution Authorizing The Mayor To Execute A Lease Agreement
With The American Legion And Laurel Little League For Baseball Facilities As Described In
The Lease Agreements.
7. Ordinance No. O19-03 An Ordinance Amending The Laurel Municipal Code For The Purpose
Of Changing City Park Hours Pursuant To 12.28.060. (PH 12.10.2019)
Items Removed From the Consent Agenda
Community Announcements (One-Minute Limit)
This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community
announcements. The duration for an individual speaking under Commu nity Announcements is limited to one minute. While
all comments are welcome, the Council will not take action on any item not on the agenda.
Council Discussion
Council members may give the City Council a brief report regarding committees or groups in whic h they are involved.
Mayor Updates
Unscheduled Matters
Adjournment
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
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Item Attachment Documents:
1. Approval of Minutes of November 26, 2019.
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Item Attachment Documents:
5. Reports of Boards and Commissions
City/County Planning Board Minutes of November 20, 2019.
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Item Attachment Documents:
6. Resolution No. R19-87: A Resolution Authorizing The Mayor To Execute A Lease Agreement
With The American Legion And Laurel Little League For Baseball Facilities As Described In
The Lease Agreements.
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R19-87 American Legion/Little League Lease Agreements
RESOLUTION NO. R19-87
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LEASE
AGREEMENT WITH THE AMERICAN LEGION AND LAUREL LITTLE
LEAGUE FOR BASEBALL FACILITIES AS DESCRIBED IN THE LEASE
AGREEMENTS.
BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The agreements between the City of Laurel and the
American Legion and City of Laurel and Laurel Little League are accepted and approved.
A copy of each agreement is attached hereto for convenience.
Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of
Laurel are hereby given authority to accept and execute the agreements on behalf of the
City.
Section 3: Effective date. The effective date for the attached agreements is
hereby the date approved by the City Council.
Introduced at a regular meeting of the City Council on December 10, 2019, by
Council Member _____.
PASSED and APPROVED by the City Council of the City of Laurel this 10 th day
of December 2019.
APPROVED by the Mayor this 10th day of December 2019.
CITY OF LAUREL
______________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer, Clerk-Treasurer
Approved as to form:
__________________________________
Sam Painter, Civil City Attorney
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LEASE AGREEMENT
This Lease Agreement is entered into this 10th day of December, 2019, by and between
the City of Laurel, Montana, a municipal corporation organized and existing under the laws of
the State of Montana, whose business address is P.O. Box 10, Laurel, Montana 59044,
hereinafter referred to as “City” (Lessor) and Laurel Little League, hereinafter referred to as
“Lessee.”
W I T N E S S E T H:
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree and
covenant as follows:
ARTICLE I
Purpose of Lease
The purpose of this Agreement is to lease Lessee certain and specific City facilities or
property in order that Lessee may conduct its baseball activities, including but not limited to,
practice, games, and other baseball related events, so long as such activity is not prohibited by
City ordinance, resolution or regulation.
ARTICLE II
Property Leased
The City hereby leases and permits the use to Lessee and Lessee hereby lease from the
City the following-described property and improvements located in the City of Laurel including
the Little League Fields located at Thomson Park and Nutting Park hereinafter referred to as “the
premises” as specifically shown on the Exhibit that is attached hereto and part of this Lease
Agreement. Lessee shall have full access and control over the premises and shall maintain and
utilize the premises in a clean and safe condition.
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ARTICLE III
Parties
City: Office of the Mayor (City Clerk)
PO Box 10
Laurel, Montana 59044
Phone: (406) 628-7431
Fax: (406) 628-2289
Lessees: Laurel Little League
PO Box 231
Laurel, MT 59044
(406) 697-3992
ARTICLE IV
Term of lease
The term of this lease shall commence on approval by the City Council and execution by
the Parties and run for a period of five (5) years, with the option to revisit and renew for an
additional 5-year term thereafter. If this lease is terminated during either 5-year term, the City
agrees that Lessees may remove from the premises all equipment, materials and products owned
and utilized by Lessees including, but not limited to, all baseball equipment and materials, etc.
ARTICLE V
Lessees Obligations and Covenants
Lessee hereby covenants and agrees with the City that Lessee shall:
1. Use and occupy the premises in a careful and proper manner and not commit any waste
therein;
2. Not use or occupy the premises for any unlawful purpose, and will conform to and obey
all present and future laws, ordinances, and all rules and regulations of all governmental
authorities or agencies, respecting the use and occupation of the premises;
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3. Lessee may obtain a permit to serve beer and wine on the premises upon completing and
securing the necessary licenses/permits and additional liquor liability insurance or
endorsement;
4. Not assign the lease, nor sublet the premises, nor any part thereof, without prior written
consent of the City. The City shall require no more than thirty (30) days for such
approval upon written request by the Lessees and shall not unreasonably withhold such
approval;
5. Not use or occupy said premises, or permit the same to be used or occupied, for any
purpose deemed extra hazardous on account of fire or otherwise;
6. Lessees shall make no alterations, changes or revamping, remodeling or capital
improvement in or to the premises, without prior written permission approved by the
Public Works Director and in addition thereto, Lessee shall obtain all approvals and
permits required for such work under City ordinance. Approvals for any
improvements/changes must be granted or rejected by the City within thirty (30) days of
written notice by Lessee or the work may proceed the same as if such approval was
received. Approval for such proposed work shall not be unreasonably withheld. Any
such alterations or additions shall be the sole responsibility of the Lessee inclusive of any
and all financial, material, or labor considerations and will become the property of the
City upon termination of this or any subsequent lease;
7. Provide the City copies of receipts for improvements and/or maintenance completed by
the Lessee by December 31st to the Office of the Mayor, Attention Clerk/Treasurer, P.O.
Box 10, Laurel, MT 59044;
8. Lessee and the City’s Public Works Superintendent shall perform an entrance inspection
prior to the finalization of the lease, an annual inspection on or before the lease
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anniversary date and an exit inspection at the end of the lease; Lessee must contact the
City to arrange for the inspections; Lessee must also Permit the City to enter upon the
said premises at all reasonable times to examine the condition of same;
9. Indemnify and save the City, its elected and appointed officials, agents, and employees,
while acting within the scope of their duties as such, harmless from and against any loss,
damage and liability occasioned by, growing out of, or arising or resulting from any
default hereunder, or any tortuous or negligent act on the part of Lessee, its members,
agents or employees. For such purpose, Lessee shall procure and maintain in full force
and effect during the term of this agreement, commercial general liability, including
product liability, in a reliable company or companies with minimum policy limit
$1,000,000 combined single limit per occurrence, and $2,000,000 aggregate single limit
per occurrence; and $1,000,000 Liquor Liability. The City shall be named as an
additional insured part on the policy to be evidenced by a certificate of insurance
presented to the City Clerk/Treasurer on or before April 1 of each year. The City and
Lessee hereby grant to each other, on behalf of any insurance company providing
insurance under this agreement, a waiver of any right of subrogation which any insurer or
party may acquire against the other party by virtue of payment of any loss under any
insurance policy;
10. Pay for the use and maintenance of utility services on the premises, including but not
limited to gas, electricity, and telephone;
11. Conduct ordinary day-to-day maintenance and repair necessary to keep both the interior
and exterior of the premises in a good state of repair and acceptable condition. Maintain
field in a playable condition, inspect field and facilities on a regular basis to determine
any hazardous conditions which may exist, and take immediate action to correct such
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conditions if they exist;
12. Provide for necessary janitorial and maintenance services to insure the grandstand,
bleachers, and other areas of the leased premises are in a sanitary and orderly condition;
13. Keep parking space adjacent to the premises in a clean and safe condition;
14. All grounds keeping and cleanup to be provided by Lessee. Lessee further agrees to
assist with grounds keeping after practice and games;
15. Be responsible for all damage to property, public or private, that may be caused by this
operation in the performance of this lease;
16. All signs and banners must comply with the LMC 17.42;
17. Lessee’s significant items of personal property necessary for the conduct of business on
all City property shall be listed and provided to the City Clerk Treasurers Office at the
beginning of each season;
18. Lessee’s shall allow participation in their respective baseball programs for all interested
persons regardless of race, creed, sexual gender, economic or social status and will
encourage such participation without the discrimination of any kind or nature;
19. Leave premises, at the expiration or prior to termination of this lease and any extension
thereof, in as good condition as received, reasonable wear and tear alone accepted;
20. Lessee must provide contact information to the City of next year’s board prior to the end
of the season.
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ARTICLE VI
Rent
1. Lessee shall pay the City rent in the following amounts as consideration for use of the
premises:
For the Laurel Little League: $750 per year facility rent. Lessees shall pay
annually on or before the anniversary date of their respective signatures on the
lease.
2. Rent includes the following: Use and lawful possession of the premises.
ARTICLE VII
Repairs and Maintenance
City’s obligation under this lease is limited to mowing the outfield of the Legion/Senior
League field, mowing the Little League fields, cleaning restrooms when open to the public,
providing restroom supplies, garbage, fuel for equipment, water, weed eaters, and major repairs.
Major repairs are defined as non-recurring structural, electrical, plumbing and mechanical repair.
Lessee is responsible for all other maintenance and upkeep of all premises. The City’s obligation
to undertake major repairs does not include major repairs necessitated by any acts of Lessee,
their agents, employees, officers, invitees, or on the area commonly known as the “crow’s nest,”
dugouts or the field maintenance buildings and sheds.
ARTICLE VIII
Condition
Neither the City nor any of its employees or agents made any representations with respect
to the above-described property except as expressly set forth herein, and no rights, easements or
licenses are acquired by Lessee by implication or otherwise, except as expressly set forth herein.
Acceptance of possession of the above-described property by Lessee shall be conclusive
evidence that Lessees accept the same “as is” and that the property was and is in good condition
at the time possession was accepted.
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ARTICLE IX
Right to Inspect Premises
The City has a right, at all times during the term of this lease, through its agents and
employees, to enter upon the leased premises for the purpose of examining and inspecting the
same to determine whether Lessee has complied with its obligations hereunder with respect to
the care and maintenance of the premises, and the repair or rebuilding of the improvements
therein when necessary. This right of inspection may only be exercised after 24 hours’ notice to
Lessee of City’s desire to inspect the premises. This 24-hour notice is necessary to insure that a
representative of Lessee will be available to accompany City’s representative at the time of
inspection.
ARTICLE X
Assignment/Cancellation/Termination/Negotiation
1. Assignment. Neither City nor Lessee may assign, transfer or sublet the rights under this
lease to any party without prior written consent of the other party.
2. Cancellation. In the event the premises leased hereunder or any portion thereof is not
available for occupancy or use upon commencement of or during the term of this lease
due to fire, casualty, acts of God, strikes, national emergency or some other cause beyond
the control of the City, this lease and the obligations of the Parties hereunder shall
terminate and the Lessee hereby waives any claim against the City, its employees or
agents for damages by reason of such cancellation. Any notice of cancellation must be in
writing and sent by certified mail, as noted.
3. Termination. City may terminate this lease if the Lessee fails to make the rental
payment, obtain and maintain liability insurance, or perform any other condition or
obligation required herein. Notice of termination must be in writing and sent by certified
mail, as noted.
4. Lessee may rent or sublet the premises for periods not to exceed 72 consecutive hours.
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However, lessee and/or the renter/subletor must obtain and provide liability insurance
that names the City as an additional insured on the policy during the event. If alcohol is
available or sold, the policy must include an alcohol endorsement with limits provided in
Article XII.
ARTICLE XI
Compliance With Ordinances and Regulations
Lessee, at its respective expense, shall comply with all laws, orders and regulations of
federal, state and municipal authorities, and with any direction of any public officer, pursuant to
law, which imposes any duty upon Lessee or the City with respect to the leased premises.
Lessee, at its respective sole expenses, shall obtain all licenses or permits which may be required
for the conduct of its business within the terms of this agreement, or for making repairs,
alterations, improvements, or additions. The City, when necessary, will join with Lessee in
applying for all such permits or licenses.
ARTICLE XII
Liability Insurance
Lessee shall obtain and maintain at all times during the term hereof, with a responsible
insurer, for the benefit of the City and the Lessee as its respective interest may appear,
comprehensive general liability insurance in the amount of One Million dollars ($1,000,000.00)
per occurrence with an aggregate value of Two Million dollars ($2,000,000.00), to protect
against any loss, claims, lawsuits or liability for damages, property damage, personal injury or
death, and any expenses of the parties against any claim for such damages which might result
from use or occupation or condition of the premises. Simultaneously with and as a prerequisite
of executing of this lease, Lessee shall furnish a copy of such insurance policy(ies) to the City
Clerk/Treasurer and such policy(ies) shall contain an endorsement that it shall not be canceled or
altered without at least thirty (30) days prior written notice to the City from the insurer. The City
and Lessee shall be specifically named as insured under said policy.
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ARTICLE XIII
Indemnification
Lessee hereby agrees to indemnify and to hold the City free and harmless from and
against any and all actions, claims and demands arising out of the use or occupancy of the
premises by Lessee or the failure of the Lessee to maintain the premises as herein provided,
including, but without limitation, any carelessness, negligence, improper conduct, wrongful or
intentional act or breach of this lease by the Lessee or its agents, employees, patrons, invitees,
suppliers or licensees, and any and all costs, expenses and fees, including attorneys’ fees,
incurred by the City incident thereto. The City hereby indemnifies and agrees to hold the Lessee
free and harmless from any and all actions caused by the sole negligence of the City.
ARTICLE XIV
Use/Right of Entry and Inspection/Damage/Repairs
1. Use. Lessee shall not use or permit the use of the leased premises for any purpose
prohibited by law, shall comply with all requirements and demands of all governmental
agencies or officials with respect to the condition, use and occupancy of the premises as
such may appear from time to time during the term of this lease and shall not commit nor
suffer to be committed any nuisance on or waste of the premises.
2. Right of Entry and Inspection. Lessee shall permit the City or the City’s duly authorized
agents, employees or representatives to enter upon the leased premises at all reasonable
times for the purpose of inspection.
3. Damage. It is specifically understood that any damage caused by Lessee or its guests to
the premises during the term of this Lease shall be promptly corrected or replaced at the
Lessee’s expense.
4. Repairs. All repairs to the premises during the terms of this lease shall be the sole
responsibility of the Lessee.
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ARTICLE XV
Time of the Essence
Time is and shall be deemed of the essence in respect to the performance of each
provision of this lease.
ARTICLE XVI
Mortgages and Subleases
Lessee may not assign its rights under this lease or assign or encumber the premises
without the prior written consent of the City.
ARTICLE XVII
Surrender Upon Termination
Upon the termination or cancellation of this lease Lessee, at its expense, shall remove
from the premises all merchandise, furniture, furnishings, equipment or any other personal
property belonging to it, and shall quietly and peaceably surrender possession of the leased
premises in a similar or an improved condition as when received. There shall not be any
holding-over by Lessee beyond the termination or cancellation of this lease. Any such holding-
over by Lessee shall incur to the City a penalty fee of $100.00 per day.
ARTICLE XVIII
Entire Agreement
This Lease and the attached Exhibit shall be deemed to include the entire agreement
between the parties hereto and no waiver of any right, agreement or condition herein and no
modification of any term or condition herein shall be binding upon either party unless in writing
and signed by the parties.
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ARTICLE XIX
Partial Invalidity
In the event any provision of this Lease or part thereof shall be determined by any court
of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining
provisions hereunder, or parts thereof, shall remain in full force and effect and shall in no way be
affected, impaired or invalidated thereby.
ARTICLE XX
Notices/Demands
Notices or demands required hereunder shall be in writing and shall be sent by certified
mail (return receipt requested) to those persons at the addresses noted herein. The address of
either party hereinabove set forth may be changed from time to time by giving written notice in
that regard. All payments required to be made hereunder shall be made at the appropriate
address hereinabove set forth or to such address as either of the parties may from time to time
specify.
CITY OF LAUREL LESSEE:
By:________________________________ By________________________________
Mayor Laurel Little League
By________________________________
City Clerk/Treasurer
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LEASE AGREEMENT
This Lease Agreement is entered into this 10th day of December 2019, by and between
the City of Laurel, Montana, a municipal corporation organized and existing under the laws of
the State of Montana, whose business address is P.O. Box 10, Laurel, Montana 59044,
hereinafter referred to as “City” (Lessor) and American Legion Baseball Post #123 Laurel
Dodgers, whose business address is P.O. Box 144, Laurel, Montana 59044, hereinafter referred
to as “Lessee.”
W I T N E S S E T H:
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree and
covenant as follows:
ARTICLE I
Purpose of Lease
The purpose of this Agreement is to lease Lessee certain and specific City facilities or
property in order that Lessee may conduct its baseball activities, including but not limited to,
practice, games, and other baseball related events, so long as such activity is not prohibited by
City ordinance, resolution or regulation.
ARTICLE II
Property Leased
The City hereby leases and permits the use to Lessee and Lessee hereby lease from the
City the following-described property and improvements located in the City of Laurel including
the American Legion (Dodgers) Field located at Thomson Park as well as the Concession Stand
hereinafter referred to as “the premises” as specifically shown on Exhibit A attached hereto and
part of this Lease Agreement. Lessee shall have full access and control over the premises and
shall maintain and utilize the premises in a clean and safe condition.
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ARTICLE III
Parties
City: Office of the Mayor (City Clerk)
PO Box 10
Laurel, Montana 59044
Phone: (406) 628-7431
Fax: (406) 628-2289
Lessees: American Legion Baseball Post #123 Laurel Dodgers
PO Box 144
Laurel, MT 59044
Phone: (406) 861-0945
ARTICLE IV
Term of lease
The term of this lease shall commence on approval by the City Council and execution by
the Parties and run for a period of five (5) years, with the option to revisit and renew for an
additional 5-year term thereafter. If this lease is terminated during either 5-year term, the City
agrees that Lessees may remove from the premises all equipment, materials and products owned
and utilized by Lessees including, but not limited to, all baseball equipment, concession
materials, etc.
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ARTICLE V
Lessee Obligations and Covenants
Lessee hereby covenants and agrees with the City that Lessees shall:
1. Use and occupy the premises in a careful and proper manner and not commit any waste
therein;
2. Not use or occupy the premises for any unlawful purpose, and will conform to and obey
all present and future laws, ordinances, and all rules and regulations of all governmental
authorities or agencies, respecting the use and occupation of the premises;
3. Lessee may obtain a permit to serve beer and wine on the premises upon completing and
securing the necessary licenses/permits and additional liquor liability insurance or
endorsement;
4. Not assign the lease, nor sublet the premises, nor any part thereof, without prior written
consent of the City. The City shall require no more than thirty (30) days for such
approval upon written request by the Lessee and shall not unreasonably withhold such
approval;
5. Not use or occupy said premises, or permit the same to be used or occupied, for any
purpose deemed extra hazardous on account of fire or otherwise;
6. Lessee shall make no alterations, changes or revamping, remodeling or capital
improvement in or to the premises, without prior written permission approved by the
Public Works Director and in addition thereto, Lessee shall obtain all approvals and
permits required for such work under City ordinance. Approvals for any
improvements/changes must be granted or rejected by the City within thirty (30) days of
written notice by Lessee or the work may proceed the same as if such approval was
received. Approval for such proposed work shall not be unreasonably withheld. Any
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such alterations or additions shall be the sole responsibility of the Teams inclusive of any
and all financial, material, or labor considerations and will become the property of the
City upon termination of this or any subsequent lease;
7. Provide the City copies of receipts for improvements and/or maintenance completed by
the club or organization by December 31st to the Office of the Mayor, Attention
Clerk/Treasurer, P.O. Box 10, Laurel, MT 59044;
8. Lessee and the City’s Public Works Superintendent shall perform an entrance inspection
prior to the finalization of the lease, an annual inspection on or before the lease
anniversary date and an exit inspection at the end of the lease; Lessee must contact the
City to arrange for the inspections; Lessee must also Permit the City to enter upon the
said premises at all reasonable times to examine the condition of same;
9. Indemnify and save the City, its elected and appointed officials, agents, and employees,
while acting within the scope of their duties as such, harmless from and against any loss,
damage and liability occasioned by, growing out of, or arising or resulting from any
default hereunder, or any tortuous or negligent act on the part of Lessee, their members,
agents or employees. For such purpose, each Lessee shall procure and maintain in full
force and effect during the term of this agreement, commercial general liability, including
product liability, in a reliable company or companies with minimum policy limit
$1,000,000 combined single limit per occurrence, and $2,000,000 aggregate single limit
per occurrence; and $1,000,000 Liquor Liability. The City shall be named as an
additional insured part on the policy to be evidenced by a certificate of insurance
presented to the City Clerk/Treasurer on or before April 1 of each year. The City and
Lessee hereby grant to each other, on behalf of any insurance company providing
insurance under this agreement, a waiver of any right of subrogation which any insurer or
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party may acquire against the other party by virtue of payment of any loss under any
insurance policy;
10. Pay for the use and maintenance of utility services on the premises, including but not
limited to gas, electricity, and telephone;
11. Conduct ordinary day-to-day maintenance and repair necessary to keep both the interior
and exterior of the premises in a good state of repair and acceptable condition. Maintain
field in a playable condition, inspect field and facilities on a regular basis to determine
any hazardous conditions which may exist, and take immediate action to correct such
conditions if they exist;
12. Provide for necessary janitorial and maintenance services to insure the grandstand,
bleachers, and other areas of the leased premises are in a sanitary and orderly condition;
13. Keep parking space adjacent to the premises in a clean and safe condition;
14. All grounds keeping and cleanup to be provided by Lessee. Lessee further agrees to
assist with grounds keeping after practice and games;
15. Be responsible for all damage to property, public or private, that may be caused by this
operation in the performance of this lease;
16. Lessee shall remove all inventory of food and beverages at the end of each season from
the Concession stand or any place food is stored;
17. Appliances must be unplugged in the Concession Stand and safely stored at the end of
each season;
18. Lessee agree to obtain and continuously keep in force all permits required by the
Montana Department of Health, and Lessee shall be responsible for any training of its
managers or volunteers as may be required by the Montana Department of Health, all at
Lessee’s expense, and shall fully comply with all applicable, rules, regulations and
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requirements of the Montana Department of Health. All certificates must be on file with
the City Clerk Treasurer;
19. Lessee is responsible for all janitorial supplies and services at the Concession Stand from
start of the season, including tryouts until the first Saturday in May;
20. All signs and banners must comply with the LMC 15.40;
21. Lessee’s appliances and other significant items of personal property necessary for the
conduct of business on all City property shall be listed and provided to the City Clerk
Treasurers Office at the beginning of each season;
22. Lessee must provide a proper fire extinguisher;
23. Lessee must provide material safety data sheets (MSDS) for all cleaning or cooking
chemicals or products that may contain hazardous materials in an approved MSDS
booklet;
24. Extension cords may not be used, as they are against fire code;
25. Lessee shall allow participation in their respective baseball programs for all interested
persons regardless of race, creed, sexual gender, economic or social status and will
encourage such participation without the discrimination of any kind or nature;
26. Leave premises, at the expiration or prior to termination of this lease and any extension
thereof, in as good condition as received, reasonable wear and tear alone accepted;
27. Lessee must provide contact information to the City of next year’s board prior to the end
of the season.
ARTICLE VI
Rent
1. Lessee shall pay the City rent in the following amounts as consideration for use of the
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premises:
$900 per year facility rent and $250 per year concession stand rent. Lessee shall
pay annually on or before the anniversary date of their respective signatures on
the lease.
2. Rent includes the following: Use and lawful possession of the premises.
ARTICLE VII
Repairs and Maintenance
City’s obligation under this lease is limited to mowing the outfield of the Legion/Senior
League field, cleaning restrooms when open to the public, providing restroom supplies, garbage,
fuel for equipment, water, weed eaters, and major repairs. Major repairs are defined as non-
recurring structural, electrical, plumbing and mechanical repair. Lessee is responsible for all
other maintenance and upkeep of all premises. The City’s obligation to undertake major repairs
does not include major repairs necessitated by any acts of Lessee, its agents, employees, officers,
invitees, or on the area commonly known as the “crow’s nest,” dugouts or the field maintenance
buildings and sheds.
ARTICLE VIII
Condition
Neither the City nor any of its employees or agents made any representations with respect
to the above-described property except as expressly set forth herein, and no rights, easements or
licenses are acquired by Lessee by implication or otherwise, except as expressly set forth herein.
Acceptance of possession of the above-described property by Lessee shall be conclusive
evidence that Lessee accept the same “as is” and that the property was and is in good condition at
the time possession was accepted.
ARTICLE IX
Right to Inspect Premises
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The City has a right, at all times during the term of this lease, through its agents and
employees, to enter upon the leased premises for the purpose of examining and inspecting the
same to determine whether Lessee has complied with its obligations hereunder with respect to
the care and maintenance of the premises, and the repair or rebuilding of the improvements
therein when necessary. This right of inspection may only be exercised after 24 hours’ notice to
Lessee of City’s desire to inspect the premises. This 24-hour notice is necessary to insure that a
representative of Lessee will be available to accompany City’s representative at the time of
inspection.
ARTICLE X
Assignment/Cancellation/Termination/Negotiation
1. Assignment. Neither City nor Lessee may assign, transfer or sublet the rights under this
lease to any party without prior written consent of the other party.
2. Cancellation. In the event the premises leased hereunder or any portion thereof is not
available for occupancy or use upon commencement of or during the term of this lease
due to fire, casualty, acts of God, strikes, national emergency or some other cause beyond
the control of the City, this lease and the obligations of the Parties hereunder shall
terminate and the Lessee hereby waives any claim against the City, its employees or
agents for damages by reason of such cancellation. Any notice of cancellation must be in
writing and sent by certified mail, as noted.
3. Termination. City may terminate this lease if the Lessee fails to make the rental
payment, obtain and maintain liability insurance, or perform any other condition or
obligation required herein. Notice of termination must be in writing and sent by certified
mail, as noted.
4. Lessee may rent or sublet the premises for periods not to exceed 72 consecutive hours.
However, Lessee and/or the renter/subletor must obtain and provide liability insurance
that names the City as an additional insured on the policy during the event. If alcohol is 36
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available or sold, the policy must include an alcohol endorsement with limits provided in
Article XII.
ARTICLE XI
Compliance With Ordinances and Regulations
Lessee, at its expense, shall comply with all laws, orders and regulations of federal, state
and municipal authorities, and with any direction of any public officer, pursuant to law, which
imposes any duty upon Lessee or the City with respect to the leased premises. Lessee, at their
respective sole expenses, shall obtain all licenses or permits which may be required for the
conduct of its business within the terms of this agreement, or for making repairs, alterations,
improvements, or additions. The City, when necessary, will join with Lessee in applying for all
such permits or licenses.
ARTICLE XII
Liability Insurance
Lessee shall obtain and maintain at all times during the term hereof, with a responsible
insurer, for the benefit of the City and the Lessee as their respective interest may appear,
comprehensive general liability insurance in the amount of One Million dollars ($1,000,000.00)
per occurrence with an aggregate value of Two Million dollars ($2,000,000.00), to protect
against any loss, claims, lawsuits or liability for damages, property damage, personal injury or
death, and any expenses of the parties against any claim for such damages which might result
from use or occupation or condition of the premises. Simultaneously with and as a prerequisite
of executing of this lease, Lessee shall furnish a copy of such insurance policy(ies) to the City
Clerk/Treasurer and such policy(ies) shall contain an endorsement that it shall not be canceled or
altered without at least thirty (30) days prior written notice to the City from the insurer. The City
and Lessee shall be specifically named as insured under said policy.
ARTICLE XIII
Indemnification
Lessee hereby agrees to indemnify and to hold the City free and harmless from and 37
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against any and all actions, claims and demands arising out of the use or occupancy of the
premises by Lessee or the failure of the Lessee to maintain the premises as herein provided,
including, but without limitation, any carelessness, negligence, improper conduct, wrongful or
intentional act or breach of this lease by the Lessees or its agents, employees, patrons, invitees,
suppliers or licensee, and any and all costs, expenses and fees, including attorneys’ fees, incurred
by the City incident thereto. The City hereby indemnifies and agrees to hold the Lessee free and
harmless from any and all actions caused by the sole negligence of the City.
ARTICLE XIV
Use/Right of Entry and Inspection/Damage/Repairs
1. Use. Lessee shall not use or permit the use of the leased premises for any purpose
prohibited by law, shall comply with all requirements and demands of all governmental
agencies or officials with respect to the condition, use and occupancy of the premises as
such may appear from time to time during the term of this lease and shall not commit nor
suffer to be committed any nuisance on or waste of the premises.
2. Right of Entry and Inspection. Lessee shall permit the City or the City’s duly authorized
agents, employees or representatives to enter upon the leased premises at all reasonable
times for the purpose of inspection.
3. Damage. It is specifically understood that any damage caused by Lessee or their guests
to the premises during the term of this Lease shall be promptly corrected or replaced at
the Lessee’s expense.
4. Repairs. All repairs to the premises during the terms of this lease shall be the sole
responsibility of the Lessee.
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ARTICLE XV
Time of the Essence
Time is and shall be deemed of the essence in respect to the performance of each
provision of this lease.
ARTICLE XVI
Mortgages and Subleases
Lessee may not assign their rights under this lease or assign or encumber the premises
without the prior written consent of the City.
ARTICLE XVII
Surrender Upon Termination
Upon the termination or cancellation of this lease Lessee, at its, shall remove from the
premises all merchandise, furniture, furnishings, equipment or any other personal property
belonging to it, and shall quietly and peaceably surrender possession of the leased premises in a
similar or an improved condition as when received. There shall not be any holding-over by
Lessee beyond the termination or cancellation of this lease. Any such holding-over by Lessee
shall incur to the City a penalty fee of $100.00 per day.
ARTICLE XVIII
Entire Agreement
This lease and attached Exhibit shall be deemed to include the entire agreement between
the parties hereto and no waiver of any right, agreement or condition herein and no modification
of any term or condition herein shall be binding upon either party unless in writing and signed by
the parties.
ARTICLE XIX
Partial Invalidity
In the event any provision of this Lease or part thereof shall be determined by any court
of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining 39
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provisions hereunder, or parts thereof, shall remain in full force and effect and shall in no way be
affected, impaired or invalidated thereby.
ARTICLE XX
Notices/Demands
Notices or demands required hereunder shall be in writing and shall be sent by certified
mail (return receipt requested) to those persons at the addresses noted herein. The address of
either party hereinabove set forth may be changed from time to time by giving written notice in
that regard. All payments required to be made hereunder shall be made at the appropriate
address hereinabove set forth or to such address as either of the parties may from time to time
specify.
CITY OF LAUREL LESSEES:
By:________________________________ By_________________________________
Mayor American Legion Baseball Post #123
Laurel Dodgers
By________________________________
City Clerk/Treasurer
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Item Attachment Documents:
7. Ordinance No. O19-03 An Ordinance Amending The Laurel Municipal Code For The Purpose
Of Changing City Park Hours Pursuant To 12.28.060. (PH 12.10.2019)
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Ordinance No. O19-03 Amending LMC, Section 12.28.060
ORDINANCE NO. O19-03
AN ORDINANCE AMENDING THE LAUREL MUNICIPAL CODE FOR THE PURPOSE OF
CHANGING CITY PARK HOURS PURSUANT TO 12.28.060.
WHEREAS, the City Council desires to keep the Laurel Municipal Code current by modifying and
updating chapters, sections and subsections to address situations, improve services and resolve problems within the
City and to remain in accordance with Montana law; and
WHEREAS, the Mayor and City Council members desire to change the designated hours of operation for
City Parks within the City of Laurel upon recommendation by the City’s Park Board; and
WHEREAS, the new times of operation appear in the City’s best interest at this time, and as a consequence,
the Mayor, Staff and Park Board hereby recommend the following amendments to the Laurel Municipal Code;
NOW, THEREFORE, BE IT ORDAINED, by the Laurel City Council that the Laurel
Municipal Code is amended as follows:
12.28.060 Park hours.
A. Except as otherwise provided herein, all city parks shall be closed from twelve a.m. ten p.m. until six a.m.
each night.
B. No person shall remain in or upon any city park during closed hours.
C. This section shall not apply to the overnight camping areas designated in Riverside Park.
D. The children’s playground equipment commonly known as “Kids Kingdom” at Kiwanis Park shall close at
sunset ten p.m. and reopen at sunrisesix a.m.
E. Any person violating the terms of this section shall, upon conviction, be punished as set forth in Section
12.28.05012.28.100 of this code. (Ord. 06-08 (part), 2006)
F. Applicants may seek an exemption to this Section when applying for an event permit at City Hall.
This Ordinance shall become effective thirty (30) days after final passage by the City Council and
approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on November 26, 2019, by
Council Member Eaton.
PASSED and ADOPTED by the Laurel City Council on second reading this 10th day of December upon
motion of Council Member __________________.
APPROVED BY THE MAYOR this 10th day of December 2019.
CITY OF LAUREL
___________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
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