CCR2004115.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #115-2004
APPROVAL OF GENERAL FACILITY AGREEMENT BETWEEN
THE CITY OF MUSKEGO
AND THE MUSKEGO-NORWAY SCHOOL DISTRICT
WHEREAS, The Parks and Recreation Board has recommended approval of a General
Faciility Agreement between the City of Muskego and Muskego Norway School District
for providing recreational facilities for the City.
NO\N, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Parks and Recreation Board and the
Finance Committee, does hereby authorize the Mayor and Clerk-Treasurer to execute
the Agreement in the name of the City.
BE liT FURTHER RESOLVED That this Agreement, as attached, is hereby assigned to
the Parks and Recreation Board for the purpose of managing and controlling
DATED THIS DA Y OF June .2004. 22nd
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eric Schroeder ~
Aid: Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #115-2004 which
was adopted by the Common Council of the City of Muske o. \
6/2004jmb
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CITY OF MUSKEGO/MUSKEGO-NORWAY SCHOOL DISTRICT
GENERAL FACILITY AGREEMENT
SECTION ONE: INTRODUCTION
PURPOSE
A. It is the intention of the City of Muskego and the Muskego/Norway
School District to coordinate and collaborate among agencies and
institutions in order to deliver educational, social, economic, recreational,
and cultural services to all members of the community through the
optimum use of City parks and School District facilities.
B. This agreement identifies specific and non-specific facility policies and
procedures for joint use by the City's Parks and Recreation Department
and the district. These policies and procedures include priority levels for
facility usage, facility responsibility guidelines, maintenance and usage
fees and charges, and a general description for facility usage request
procedures.
C. The Parks and Recreation Department will provide an on-site supervisor
whenever multiple programs are being run simultaneously in anyone
building during the school year. The supervisor will be responsible for
participant direction, safety, and building security.
D. Term of this agreement is July 1, 2003 through June 30, 2005.
SECTION TWO: BAY LANE, MILL VALLEY AND MUSKEGO HIGH SCHOOL
SOFTBALL DIAMONDS AND TENNIS COURTS. CITY OF MUSKEGO HORN
PAA:K.
I. DESCRIPTION
The property covered by this agr~ement is that property known as the Bay
Lane, Mill Valley and Muskego High School grounds.
II. PURPOSE
This land is leased by the District to the City for the purposes of enabling the
City to use the land for recreational purposes limiting the use of the property
for ball diamonds to the period beginning on April 15 and ending on September
15 of each year. Tennis courts are limited to the period beginning on June 1
General Facility Agreement, Pg. 2
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and ending on August 1 of each year. The City will provide one portable
toilet to be located by the tennis courts. Access to Bay Lane Middle School
and Mill Valley Elementary School shall be granted to the City for field
preparation during the school year sometime between 8:00 a.m.-11 :00 a.m.
and/or 1 :00 p.m.-3:00 p.m., as set by school administration. The City will
work with school administration to set times so as not to interfere with school
operations. For such other recreational purposes to which the property might
be used, as may be deemed advisable by the City or by the Parks and
Recreation Board of the City, shall be resolved at the sole discretion of the
District.
IMPROVEMENTS
A. Any improvements to be made on the premises for recreational purposes
shall be made by and at the sole expense of the City. Any substantial
changes in grade or elevation or the construction of fixtures such as
electric utility poles, floodlights, grandstands, bleachers, barbecue pits,
etc. must first be approved by the Muskego-Norway School Board. Any
and all permanent improvements which are placed upon the premises by
the City during the term of this lease or any renewal thereof shall upon
termination of the agreement become the property of the Muskego-
Norway School Board with the exception of any athletic field lighting
systems.
B. Parking Lot--Mill Valley: The parties agree that with respect to parking
facilities at the Mill Valley site that the City will agree to assist the District
in the maintenance, improvement and development of the east parking lot
parallel to Hillendale Drive. The City shall budget one-third of estimated
improvement costs after the District has budgeted two-thirds of estimated
improvement costs as such improvements and repair might be negotiated
by the parties during the term of this agreement.
C. Horn Park Baseball Field Improvements: The parties agree that with
respect to usage of the baseball field at Horn Park, the Muskego-Norway
School District will agree to assist the City of Muskego in the
maintenance and improvement of said baseball field. The school district
shall budget one-half of estimated improvement costs as such
improvements and repair, might be negotiated by the parties, during the
term of this agreement.
D. Muskego-Norway School District Softball Field Improvement: The parties
agree that with respect to usage of the District softball fields, the City of
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General Facility Agreement, Pg. 3
Muskego will assist the District in the maintenance and improvements of
said fields. The City shall budget one-half of improvement costs during
the term of this agreement.
E. The parties agree that with respect to shared facilities, the City of
Muskego will assist the District with a 50% cost share on equipment
such as, but not limited to: tennis court nets, wind screens, etc.
IV. REPAIRS AND MAINTENANCE
The City shall be responsible for the maintenance of the premises and shall
provide adequate containers for litter and trash and other necessary containers
to prevent littering on the premises and shall maintain the premises in a clean
condition during the specified period of this agreement in the Section entitled
"Purpose." Repairs and maintenance of any improvements and of the grounds
itself shall be the sole responsibility of the City. At no time shall any persons
be able to use school buildings while using the school grounds for recreational
purposes under this agreement, unless agreed upon by both parties.
V. SUPERVISION
The City through its Parks and Recreation Board or authorized users shall
provide and be responsible for adequate supervision of the area at all times
that it shall be used as a recreational area. The City through its Parks and
Recreation Board may prescribe such rules and regulations for the use and
management of the area as it may deem reasonable provided only that all
persons living within the boundaries of the Muskego-Norway School District
shall be eligible to use the facilities and participate in any planned programs
subject only to reasonable rules and regulations with respect thereto.
VI. SALES
It shall be unlawful to sell or offer for sale food and/or refreshment, souvenirs,
or any other merchandise unless a permit is obtained from the School District.
Alcoholic beverages of any kind are prohibited.
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General Facility Agreement, Pg. 4
VII. RESPONSIBILITY
It is understood between the parties that this agreement may be assigned by
the City to its Parks and Recreation Board for the purposes of allowing the
Parks and Recreation Board of the City to manage and control the property
pursuant to the terms of this agreement.
SECTION THREE: CITY OF MUSKEGO PARKS & RECREATION DEPARTMENT'S
A Tl-llETIC FIELD USAGE POLICIES AND PROCEDURES
I. PRIORITY lEVELS FOR FIELD USAGE
A. Priority I: Parks and Recreation Department. AdultlYouth Programs (e.g.,
adult men's 35 + softball league, men's softball league).
B. Priority II: Muskego-based Youth leagues. Those programs and
organizations which retain no less than a 100% residency rate and are
based within Muskego city limits (e.g., Muskego Athletic Association,
Muskego High School leagues, Muskego Kickers Soccer).
C. Priority III: Muskego-based Adult leagues. Those programs and
organizations which retain no less than a 75% residency rate and are
based within Muskego city limits (e.g., couples softball league, women's
softball league).
D. Priority IV: Non-Muskego-based Traveling leagues, Adult/Youth. Those
programs and organizations which retain less than a 75% residency rate
. and are not based within Muskego city limits (e.g., church leagues,
Waukesha County leagues, Wind lake Colt league, All American Youth
Football league).
E. Priority V: New Team/league Requests. Any new team/league requests
must be reviewed by the Parks and Recreation Board. If approved, the
Board will then determine the priority level in which the request will be
placed for future field use consideration.
II. FEES AND CHARGES
A. Current Charges in Relation to Priority
Priority I--Program fee charged directly to participants/teams
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General Facility Agreement, Pg. 5
Priority II--Exempt from field usage charge. Maintenance fee to be
assessed.
Priority III--Exempt from field usage charge. Maintenance fee to be
assessed.
Priority IV--Field usage fee to be assessed. Maintenance fee to be
assessed.
Priority V--To be determined.
B. Field Usage Fee
1. Field usage fees allow for" exclusive use" of the reserved athletic
field.
2. Athletic field usage excludes the reservations of athletic fields for
practice purposes. Practice requests must follow the established
guidelines of the Parks and Recreation Department.
3. Field usage fees do not include bases, nets, or other equipment
needs.
4. Daily Non-tournament or Daily Tournament (less than 2 hours)
Usage:
Youth Organization--Resident ($1 O.OO/field);
Non-resident ($20.00/field)
Adult Organization--Resident ($15.00/field);
Non-resident ($30.00/field)
5. Daily Tournament or Daily Non-tournament (more than 2 hours)
Usage:
Resident ($25.00/field); Non-resident ($50.00/field)
Resident status for tournament request will be if 75% of
participating teams are from Muskego.
6. Lights: $20.00/night
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Genelral Facility Agreement, Pg. 6
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7. Security Deposit: Resident ($250/tournament);
Non-resident ($ 500/tournament)
(usage only, for both)
To be refunded partially or totally upon inspection of the grounds
after the tournament. Misrepresentation of stated purpose can also
result in total forfeiture of security deposit.
The Parks and Recreation Board would look at waiving tournament
fees if the donation is greater than the actual charge and if it can be
applied toward some project the Board wishes to pursue at the
Board's discretion. These issues must be negotiated and paid prior
to tournament.
C. Maintenance Fees
Assessed when requested services are not included on the daily work
schedule. Where overtime is required, employees' overtime wages are
based on the most current wage scale for services which would include
proper lining, dragging, mowing, etc. where applicable. Once final
schedules are determined, if there are Saturdays and/or Sundays that
require additional help to prep fields, full-time overtime rates of pay will
be included amongst those teams requesting field prep.
MILL VALLEY COMPLEX LIGHTS USAGE
A. All keys are the property of the City of Muskego.
B. A key deposit of $25.00 will be required for use of the Mill Valley
complex lights. Key deposits will be retained should the key be lost. The
key holder will also be held responsible for any other expenses resulting
from the loss of the key as the Parks and Recreation Board feels
necessary, such as lock changes, etc.
C. An individual/league/organization will not be assessed a fee higher than
$50.00 for key deposits at one time. The user would still be liable for
any additional charges for loss of keys which could result in having to
have facilities rekeyed, new keys made, etc.
D. For baseball/soccer leagues, there will be only one key per facility issued
to each league. If it becomes necessary for the department to have
additional keys made to fulfill a request for additional keys, the
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Genelral Facility Agreement, Pg. 7
individual/league/organization will be assessed this additional incurred
expense of the department. The key(s) must be turned into the
department at the end of the season and are the property of the City of
Muskego. Failure to return the key(s) will result in loss of the key deposit
and could result in additional charges if it is felt by the department that
the facility needs to be rekeyed because of the lack of return of the
key(s) .
E. Any individual/league/organization will assume responsibility for the
securing of the shed and turning off the lights and be responsible for any
theft, vandalism, etc, which occurs due to the lack of properly securing of
the shed and turning off the lights. Theft, vandalism, etc. which occurs
due to the lack of properly securing the facility at the completion of the
event will be the responsibility of said individual/league/organization.
Restitution as determined by the Parks and Recreation Board will be the
responsibility of the individual/league/organization.
IV. GENERAL RULES AND REGULATIONS
A. User must be a City of Muskego civic organization, team, or individual.
All usage may be subject to approval by the Parks and Recreation Board.
B. For any tournament requests, in addition to an application form, the
purpose of the requested athletic field usage must be declared in writing
including all financial, concession, and other related arrangements; i.e.,
insurance, toilet facilities, etc. in operating the event. (Proper athletic field
usage will be determined by the Parks and Recreation Board--charity,
profit, etc.).
C. Daily events must conclude by 10:00 p.m. unless an extension is granted
by the Parks and Recreation Board.
D. The user/applicant is responsible for the general clean-up and also parking
and crowd control on the grounds as determined by the parks
maintenance division of the department.
E. All tournament requests must be made in writing to the Parks and
Recreation Department at least six(6) weeks prior to the scheduled
event(s).
F. Softball/baseball tournaments may only be scheduled from June 1 5
through August 15.
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General Facility Agreement, Pg. 8
G. A local team must be eligible to participate in a tournament where non-
resident sponsorship has been granted.
SECTION FOUR: NON-SPECIFIC FACILITIES
I. MUSKEGO-NORW A Y SCHOOL DISTRICT ADDITIONAL FACILITY
IDENTIFICA TION
Additional facilities available for use:
Muskego High School athletic track
Muskego-Norway School District athletic fields
Muskego-Norway School District classrooms (conditional)
Muskego-Norway School District auditoriums, gymnasiums, performance
facilities
II. PRIORITY USAGE
A. All Muskego-Norway School District facilities shall have first priority
usage from 5:30 a.m.-7:30 p.m. (unless otherwise stated). The Parks
and Recreation Department shall have second priority usage for those
times not occupied by the District.
III. FACILITY REQUEST PROCEDURE
A. Muskego-Norway School District facilities: The Parks ~nd Recreation
Department shall submit an application for facility usage to (1) the
Muskego-Norway School District office, and (2) the specific school
location for which a specific facility is requested. .
IV. CITY OF MUSKEGO FACILITY AVAILABILITY
A. Community meeting rooms (City Hall/Library building)
B. Parks facilities
Horn Park
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. Baseball Field (including scoreboard)
2. Garage storage (with keys)
3. Bathrooms
Denoon Park
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. Soccer fields (including green space between soccer fields and
baseball diamond)
2. Baseball field
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General Facility Agreement, Pg. 9
3. Boardwalk area (includes wetlands)
Manchester Hill Park
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. Soccer field
V. PRIORITY USAGE
City of Muskego facilities shall be first priority usage for Parks and Recreation
Department at all times. The Muskego-Norway School District shall have
second priority usage for those times not occupied by the City.
VI. FACILITY REQUEST PROCEDURE
A. City of Muskego community rooms: The Muskego-Norway School District
must submit an application for usage to the City Clerk/Treasurer at City
Hall.
B. City of Muskego park facilities: The Muskego-Norway School District
must submit an application for park and/or facility usage to the Parks and
Recreation Department.
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General Facility Agreement, Pg. 10
CONCLUSION
A. CHANGE:
This agreement is subject to change with joint approval from the Parks and
Recreation Board and the Muskego-Norway School Board.
B. RENEW AL:
This agreement may be renewed by the City of Muskego and the Muskego-
Norway School District for a term of two (2) years upon one month's notice
given in writing by either organization. This shall be contingent upon mutually
satisfactory resolution for continued cooperative efforts by both organizations.
C. CANCELLA TION:
In the event the City of Muskego should decide to discontinue the recreation
activities at the sites, this agreement shall be automatically canceled. In the
event the Muskego-Norway School District has needs for the land/facility in
use for education facility expansion, this agreement shall be automatically
canceled.
D. INSURANCE:
The City of Muskego and Muskego-Norway School District shall maintain
sufficient insurance to protect both the City of Muskego and the Muskego-
Norway School District from all claims for personal injury or death, and
$50,000 property damage. Certificates of insurance /shall be maintained on
file with both organizations.
It is understood between the parties that this agreement may be assigned by the
City to its Parks and Recreation Board for the purposes of allowing the Parks and
Recreation Board of the City to manage and control the properties pursuant to the
terms of this agreement.
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General Facility Agreement, Pg. 11
Pursuant to a resolution of the Muskego-Norway School District, passed and
approved on the day of , 20_, this agreement is
hereby executed.
President
Muskego-Norway School Board
Clerk
Muskego-Norway School Board
Pursuant to a Resolution No. passed and approved on the day of
, 20_, by the Common Council of the City of
Muskego, this agreement is hereby executed.
ASSIGNMENT OF AGREEMENT
This agreement is hereby assigned by the City of Muskego to the Parks and
Recreation Board of the City for the purposes of allowing said Board to manage and
control the properties which is the subject hereof pursuant to the terms of this
agreement and subject to the ordinances and statutes of the State of Wisconsin
relative thereto.
Mayor
City of Muskego
City Clerk/Treasurer
City of Muskego