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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 1 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. 2 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, 3 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. 4 MUSKEGO ATHLETIC ASSOCIATION By: ____________________________ Ed Horwath, President DATED: _______________________ MUSKEGO WARRIORS BASEBALL By: ____________________________ Jim Prusinski DATED: _______________________ CITY OF MUSKEGO By: ____________________________ Kathy Chiaverotti, Mayor DATED: _______________________ 5