CCR2017023-Attachment
AGREEMENT FOR MAINTENANCE AND IMPROVEMENTS TO CITY OWNED FIELDS
This Agreement is made and entered into on the day set forth herein, by and between the City of
Muskego, (“City”), The Muskego Athletic Association, (“M.A.A.”), and the Muskego Warriors Baseball
Program, (“Warriors”), collectively the “Parties”.
WHEREAS, the M.A.A. and the Warriors use fields owned by the City on a yearly basis for Youth
Baseball Leagues; and
WHEREAS, the Parties wish to enter into an Agreement for maintenance of said fields as well as
potential capital improvements made to the fields to promote a safe and productive environment for all
end uses.
THEREFORE, based on the above, the Parties hereby agree to the following:
1. MAINTENANCE OF FIELDS
A. Routine maintenance includes, but is not limited to the following: pre-season/spring
tune up, weed control to be applied twice per season, top dressing, replacement of
base pegs and home plates, mid-season tune-up and grass edging.
B. Warriors agree to pay for routine maintenance of the field at Kurth Park.
C. M.A.A. agrees to pay for routine maintenance at Park Arthur diamond numbers 1, 2,
3, and 4, Horn Park, Bluhm Park diamond numbers, 1, 2, 3, and 4 and Denoon Park.
D. City to be responsible for all routine maintenance at Jensen Park.
E. City to be responsible for mowing of all fields covered by this Agreement as well as
all electric and water use charges for the fields including the shelters and restroom
facilities.
F. Routine maintenance scheduled to be performed to any field covered by this
Agreement will be provided in writing by the City to the M.A.A. and Warriors by
January 1st for the upcoming year/season. M.A.A. and Warriors must then notify the
City by January 31st of the same year of their intention not to pay for a specific
maintenance item which in turn will not be completed. Failure to provide Notice as
stated herein shall be deemed as acceptance of the routine maintenance with the
respective Party responsible thereon.
G. All routine maintenance to all fields covered by this Agreement will be performed by
a vendor chosen by the City and paid for up front by the City. The M.A.A. and the
Warriors will then be invoiced in July upon completion of the season for their
allocation of the routine maintenance performed for that season. The M.A.A. and the
Warriors shall pay their respective invoices to the City no later than August 31st of
the calendar year in which the payment was due. The M.A.A. or the Warriors will
not be granted access to the fields for a subsequent calendar season until all invoices
have been paid for the prior calendar year. In no event shall routine maintenance be
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performed on any field by a vendor not retained and authorized by the City.
2. CAPITAL IMPROVEMENTS
A. Capital improvements allocated for 2017
1. Park Arthur diamond numbers 1, 2, and 3 will be improved by adding 22
tons of SURE-HOP ball mix, 22 tons of SELECT ball mix, laser grade infield
and compact and 3 tons of TURFACE (brown) as top dressing. The price per
field for these improvements is $4,750.00 for a total project cost of
$14,250.00 to be split equally between the M.A.A. and the City for a total of
$7,125.00 each. The M.A.A. shall pay its share of the costs to the City on or
before April 30, 2017. The M.A.A. will not be granted access to these fields
until its share of the project costs are paid in full to the City.
2. Park Arthur diamond number 4 will be improved by re-edging and adding
more material to the warning track. The cost of this project is $2,200.00 of
which one third will be paid by each party for a total amount of $733.33 each.
The M.A.A. and the Warriors shall make its respective payments to the City
on or before April 30, 2017. The M.A.A. or the Warriors will not be granted
access to Park Arthur diamond number 4 until its respective amounts for
project costs are paid in full to the City.
B. Capital Improvements beyond 2017
1. In the event that the M.A.A. or the Warriors wish to make a capital
improvement to a field covered by this Agreement and said improvement is
solely for the benefit of a respective Party, the Organization requesting the
improvement shall be solely responsible for the cost of said improvement.
Any and all capital improvements contemplated herein shall be authorized by
the City. Capital improvements must be requested by the specific
Organization to the City by May 31st of the preceding year to meet City
budgeting timelines. If approved, the City will then bid out the work and in
its sole discretion, select a vendor to complete the work. Once the project is
complete to the satisfaction of the City, the City will pay the vendor and in
turn be reimbursed from the Organization that requested the capital
improvement. Said reimbursement shall be paid by the Organization to the
City no later than thirty (30) days from the date of the invoice. Failure to
make timely payment may result in a denial of access to the field by the City
until the invoice is paid in full. The M.A.A. and Warriors acknowledge and
understand that change orders are often made to capital improvement projects
that may increase the cost of the overall improvement and agree to be
responsible for the total cost of the project including all change orders.
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3. TERM
This Agreement shall terminate on December 31, 2017 and may be renewed on an annual
basis thereafter upon written agreement of the Parties.
4. APPLICABLE LAW
This Agreement shall be governed by the laws of the State of Wisconsin and venue for
any action concerning this Agreement shall be in Waukesha County, Wisconsin.
5. DISPUTE RESOLUTION
Should disputes arise between the Parties during the course of this Agreement, the Parties
shall make a good faith attempt to resolve disputes through dialogue and negotiation. If
such efforts fail to resolve the differences, prior to the commencement of legal action, the
Parties will attempt to resolve the issues through mediation conducted in Waukesha
County, State of Wisconsin, by a Wisconsin mediator chosen by Agreement of the
Parties. The Parties shall share equally in all costs associated with mediation.
6. ENTIRE AGREEMENT
This Agreement shall constitute the entire Agreement between the Parties and previous
communications or agreements pertaining to the subject matter of this Agreement are
hereby superseded. Any revisions may be made only by a written amendment to this
Agreement, signed by all Parties prior to the ending date of this Agreement.
7. ACKNOWLEDGEMENT OF AGREEMENT
The Parties have read this Agreement and were given the opportunity, prior to signing, to
review the Agreement with an attorney. If counsel has not been retained, the Parties
acknowledge the opportunity to discuss and negotiate the terms of this Agreement with
the Muskego City Attorney.
8. DEFAULT
Should any Party fail to carry out the terms of this Agreement, the aggrieved Party shall
be entitled to exercise any and all available rights and remedies at law or in equity.
9. NOTICES
All notices required by the Agreement shall be given in writing and shall be considered
given upon receipt if hand delivered to the party or person intended, or upon facsimile
transmission to the fax numbers set forth herein, or by email to the addresses set forth
below, or three (3) business days after deposit in the United States mail, postage prepaid,
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by certified mail, return receipt requested, addressed by name and address to the party or
person intended as follows:
To the City: City of Muskego
W182S8200 Racine Avenue
Muskego, WI 53150
Attn: Tammy Dunn
Fax No. 262-679-
tdunn@cityofmuskego.org
To the M.A.A: M.A.A.
Attn: Ed Horwath, President
PO Box 102
Muskego, WI 53150
Phone No. 414-378-7340
edh@themaa.org
To the Muskego Warriors: Muskego Warriors Youth Baseball
Attn: Jim Prusinski
S63W16367 College Avenue
Muskego, WI 53150
Phone No. 414-897-1420
jdp@pacelectricinc.com
10. CAPTIONS
The captions in this Agreement are inserted only as matters of convenience and for
reference and in no way define or limit the scope or intent of the various terms or
conditions hereof.
11. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which will be
deemed an original.
12. REPRESENTATIONS AS TO AUTHORITY
Each Party to this Agreement represents and warrants that it has the power and authority
to carry out the terms contemplated by this Agreement and the persons executing this
Agreement on behalf of it have been duly authorized to execute this Agreement.
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MUSKEGO ATHLETIC ASSOCIATION
By: ____________________________
Ed Horwath, President
DATED: _______________________
MUSKEGO WARRIORS BASEBALL
By: ____________________________
Jim Prusinski
DATED: _______________________
CITY OF MUSKEGO
By: ____________________________
Kathy Chiaverotti, Mayor
DATED: _______________________
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