Agenda Item # 1
Columbus Consolidated Government
Council Meeting
02/10/2009
Agenda Report # 355
TO: Mayor and Council
SUBJECT: Golden Park Lease Agreement
INITIATED BY: Parks and Recreation
________________________________________________________________________________
__
Recommendation: Approval is requested to enter into a Lease Agreement with
Columbus Baseball Foundation, Inc., to operate a college league summer baseball
program for the period of February 10, 2009 through August 31, 2010 with an
option to renew for one additional term.
Background: The Columbus Baseball Foundation, Inc., will have exclusive use of
the Facility during the term of this agreement to the exclusion of all parties,
except the City, which may use the Facility for City sponsored events that are
already booked, high school baseball games or amateur baseball games etc.
Financial Considerations: Columbus Baseball Foundation, Inc., will now pay the
sum of $0.00 per month for rent to the City of Columbus and other financial
considerations as specified in the current contract.
Legal Considerations: All contracts require Council's approval.
Recommendations/ Actions: Authorize the City Manager to enter into a Lease
Agreement with Columbus Baseball Foundation, Inc. to operate for the period of
February 10, 2009 through August 3, 2010 with an option to renew for one
additional term.
A RESOLUTION
NO. _____
A RESOLUTION AUTHORIZING TO ENTER INTO A LEASE AGREEMENT WITH COLUMBUS BASEBALL
FOUNDATION, INC. FOR THE PERIOD OF FEBRUARY 10, 2009 THROUGH AUGUST 31, 2010.
WHEREAS, the Columbus Baseball Foundation, Inc., will have exclusive use of the
Facility during the term of this agreement to the exclusion of all parties,
except the City, which may use the Facility for City sponsored events that are
already booked, high school baseball games or amateur baseball games etc.; and,
WHEREAS, Columbus Baseball Foundation, Inc. will pay the sum of $0.00 per month
for rent to the City of Columbus and other financial considerations specified
in the contract; and,
WHEREAS, team has an option to renew for one additional term.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:
The City Manager is hereby authorized to enter into a Lease Agreement
with Columbus Baseball Foundation, Inc. for the period of February 10, 2009
through August 31, 2010, with an option to renew for one additional term.
________________________________
Introduced at a regular meeting of the Council of Columbus, Georgia, held
the _________day of _____________, and adopted at said meeting by the
affirmative vote of _____________members of said Council.
Councilor Allen voting __________.
Councilor Anthony voting __________.
Councilor Baker voting __________.
Councilor Barnes voting __________.
Councilor Davis voting .
Councilor Henderson voting __________.
Councilor Hunter voting __________.
Councilor McDaniel voting __________.
Councilor Turner Pugh voting __________.
Councilor Woodson voting __________.
____________________________ ____________________________
Tiny B. Washington, Clerk of Council Jim Wetherington,
Mayor
PUBLIC FACILITY USE AREEMENT
This Public Facility Use Agreement, hereinafter the ?Agreement?, is made and
entered into as of the __ day of February 2009 (hereinafter, the effective
date) by and between COLUMBUS, GEORGIA, a consolidated government under the
laws of the State of Georgia, hereinafter ?Columbus,? and Columbus Baseball
Foundation, Inc., hereinafter ?Team.?
NOW THEREFORE, in consideration of the mutual covenants and promises
herein contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by each Party, the Parties agree as
follows:
1. DEFINITIONS. As used in the Agreement, the following words and terms
shall have the following meanings, notwithstanding any other definitions to the
contrary whatsoever:
A. ?Party,? or ?Parties to this Agreement? shall mean Columbus and the Team,
either individually or collectively.
B. ?Facility? shall mean the baseball stadium located at Golden Park at South
Commons Complex located in Columbus, County of Muscogee, Georgia, and the
parking lots adjacent to the Facility, at which the Team shall play its home
games.
C. ?Home game? shall mean any Columbus Baseball Foundation, Inc. game scheduled
to be played by the Team at the Facility during any Championship Season (to
include any playoff and All-Star games).
D. ?Professional Baseball facility Standards? shall mean the baseball facility
standards set forth in Rule 59 (and Schedule 59) of the Major League rules,
which are incorporated by reference in the Professional Baseball Agreement, and
the Official Professional Baseball Playing Rules, as amended and in effect at
the time.
E. ?Term? shall mean that period commencing as of the Effective Date and
expiring August 31, 2010 unless earlier terminated as provided hereunder.
F. ?Effective Date? shall mean February 10, 2009
G. ?Complex? shall mean the South Common Sports Complex where the Facility is
located.
2. USE OF FACILITY. The Team shall have exclusive use of the Facility during
the Term of this Agreement to the exclusion of all parties, except Columbus,
which may use the Facility for Columbus sponsored events that are already
booked, high school baseball games or amateur baseball games etc.
3. CLEANUP & REPAIRS. Columbus shall be responsible for any and all
repairs and maintenance to the Facility, including without limitation, walk-in
coolers and freezers, other major appliances and equipment, the elevator, the
scoreboard and the sound system. The Team shall be responsible for the
day-to-day operation and cleanup of the Facility and any repair or maintenance
of concession equipment. In the event of a hurricane, tornado or other
catastrophic event, Columbus shall use best efforts to repair all damage to the
Facility. To the extent the Team?s insurance policy or policies covers any
such damage, Columbus shall have a right to receive any reimbursement received
from the insurance company for the costs of the repairs for such damage.
4. PARKING. Columbus shall provide sufficient parking located adjacent
to the Facility for use by the team and its fans (without any cost or expense
to the Team or its fans). The Team shall cooperate with Columbus regarding the
use of such parking area or areas and shall permit such parking area or areas
to be used to accommodate temporary vehicular parking during other activities
held at the Complex.
5. CONCESSION. Team shall be the sole and exclusive vendor of food,
drink, and novelty items for all home games, activities and events held at the
Facility for the term of this Agreement regardless of whether the home games,
activity or event is conducted, sponsored or otherwise held by the Team or
Columbus. Team may grant concession rights to a third party or third parties
(i.e., concessionaires) as is appropriate for the conduct of its business at
the Facility subject to the approval of the City Manager.
Team agrees to conduct concession sales in a clean, professional, and
businesslike manner similar to operations in other Minor League stadiums and
agrees to comply with all local, state and federal laws and regulations. Team
may, after application and approval of appropriate licenses to sell alcoholic
beverages, sell beer at all home games of the Team, and at all other activities
and events held at the Facility, subject to the approval of the City Manager.
Notwithstanding anything to the contrary contained in this Agreement, neither
Columbus nor any third party shall be allowed to sell any souvenirs or
novelties anywhere on the premises of the Facility during the Term of the
Agreement unless approved in writing by the City Manager and the Team.
6. FIREWORKS & COMPLIANCE WITH LAWS. In a manner consistent with the
requirements of the Columbus Department of Fire and EMS, the team may use
firework displays at the Facility. Columbus will provide the Team with all
requirements and procedures of the Columbus Department of Fire and EMS for
utilizing fireworks at the facility.
Team shall abide by all municipal, county, state, and federal laws, ordinances,
rules, and regulations and to obtain all necessary and proper licenses,
permits, and authorizations for the conduct of its business at the Facility.
7. ADVERTISING SIGNS/SCOREBOARD. Team shall have the sole and exclusive right
to erect advertisement signs and banners on the premises of the Facility. Such
right shall include the ability to sell advertising space at the Facility and
to place advertising signs on the interior surface of the outfield fence and at
other locations within and around the Facility, and to retain all monies
collected from such sales. Notwithstanding anything to the contrary contained
in the foregoing, the type, size, and location of all advertisements shall be
in keeping with the professional character of the Facility, the Team and
Columbus.
Columbus shall maintain the main video board located at the main entrance of
the Complex (and on similar signage located elsewhere in the Complex) in good
working condition. Team shall have the right to advertise the dates, times and
other appropriate information of the Team?s home games, activities and events
held at the Facility on the main video board located at the main entrance of
the Complex (and on similar signage located elsewhere in the Complex) without
cost or expense to Team. Furthermore, the team may erect other signs promoting
such home games, activities and events on or about the premises of the Complex
subject to the consent of the City Manager. Team will not hold Columbus
responsible for any malfunction of video board or other signage. Team
acknowledges that Columbus represents that all scoreboards at the Facility are
the property of Columbus.
8. BROADCASTING, CABLECASTING OR TELECASTING. Team shall have the right to
broadcast, cablecast and telecast its home games, activities and events without
need to obtain the consent of Columbus, and the Team shall have the sole right
to receive and retain any an all revenue, income, receipts, or benefits, if
any, generated there from.
9. MAINTENANCE OF FACILITY.
A. OPERATING REPAIR & MAINTENANCE. Columbus shall provide all repair and
maintenance services to the Facility and all non-Team equipment located at the
Facility in a timely manner, without any cost or expense to the team, upon the
request of Team throughout the Term of the Agreement. Operating repair and
maintenance are defined as those repairs and maintenance that are necessary to
improve or restore the Facility or equipment into good working order, or to add
to its useful life and final determinations as to such repairs and maintenance
shall be made by the City Manager. Columbus will coordinate any and all repair
and maintenance projects with the Team to ensure minimum interruption with the
Team?s activities. Team shall return the Facility and non-Team
equipment to Columbus at the end of the Term in the same condition as
presented, normal wear and tear excepted.
B. FIELD MAINTENANCE. Team shall maintain the playing field at its own expense
including but not limited to, the following:
Dragging, raking and edging non-turf areas;
Chalking boundary lines;
Installing bases;
Placing tarps on all specific areas as necessary;
Fertilizing, mowing and irrigation.
C. FACILITY CLEANUP. Team shall keep the Facility premises (including without
limitation, the offices, concession areas, locker rooms, suites, dugouts,
restrooms and other areas of the Facility) reasonably clean and neat at all
times. All refuse shall be removed and placed in appropriate refuse containers
at a central location on or about the Facility designated by Columbus. Removal
of all refuse from such designated location shall be the responsibility of
Columbus. Columbus shall ensure that refuse removal is made twice weekly to
prevent excessive accumulation or sanitation hazards.
D. FACILITY IMPROVEMENTS. The Team shall have the right, from time to
time, at its own expense, to make any improvements to and decorations of the
interior of the Facility, as shall be reasonably necessary or appropriate, in
the Team?s judgment, for the Team?s conduct of its business; provided, however,
that prior to the commencement of any permanent improvement or alteration, the
City Manager shall have approved, in all cases, in writing, the plans and
specifications submitted to Columbus by the Team for such improvements and
alterations. Such approval by Columbus will not be withheld or delayed
unreasonably. The Team shall comply with all permitting requirements.
Team shall not remove any property which was placed, constructed, or affixed at
or on the Facility as of the effective date or that was a replacement or
addition of property thereafter by Columbus. Team acknowledges that Columbus
represents that all scoreboards at the Facility are the property of Columbus.
10. RENT. Team shall pay $0.00 per month as rent to Columbus. The Team
agrees to provide a ?Fan Appreciation Night? to the residents of Columbus,
Georgia. The Fan Appreciation Night shall be held on a game night of the
Team's choosing and the team's obligation under this paragraph shall be
satisfied by the delivery of up to 1,500 general admission tickets at no cost
to the Columbus Parks and Recreation Department to be distributed free of
charge to residents of Columbus.
11. UTILITIES: Columbus shall provide and be responsible for all utility
services to the Team at the Facility, which includes without limitation all
electricity, sewage, twice weekly garbage pickup and trash removal, water,
natural gas and irrigation water; provided, however, Team shall be
responsible for placing all garbage and trash in a container or containers (for
which the Team shall be responsible for providing and to maintain) located
outside the Facility and for obtaining and paying all telephone, television and
internet services furnished to the Facility for the Team?s exclusive use.
12. TICKET SALES: Team shall be entitled to charge and retain all ticket,
admission, participation and other fees collected relating to the Team?s home
games and other events and activities sponsored or conducted by Team at the
Facility during the Term of this Agreement. Team shall be responsible for all
costs and expenses related to any and all such ticket, admission, participation
sales and promotional costs, including the cost of ticket sellers, ticket
takers, advance local promotion, advertising sales and distribution of tickets,
to all Team home games, events and activities held at the Facility.
13. SECURITY: Team shall pay for and provide all security within the Facility
and shall provide all security outside the Facility and in the parking areas
for all home games, events or activities of Team held at the Facility.
14. TEAM?S PERSONNEL: Team shall hire and be responsible for all personnel
necessary to conduct its business. Such personnel shall include, but are not
limited to, ushers, ticket takers, concession workers, first-aid attendants and
other related personnel. Team agrees to use its best efforts to recruit a
labor pool from the local population.
15. ADHERENCE TO LAW: Team agrees to abide by all applicable municipal, county,
state and federal laws, ordinances, rules and regulations and to obtain all
necessary and proper licenses, permits and authorizations for the conduct of
its business at the Facility.
16. TAXES AND LICENSES: Team shall pay all lawful taxes, assessments, licenses
and charges on its business operations or sale of alcoholic beverages or
other merchandise, fixtures, appliances, equipment and property owned by it and
located at the Facility.
17. QUIET ENJOYMENT: During the Team?s use and occupancy of the Facility
hereunder, and for so long as the Team is not in default, the Team shall have
and be entitled to the quiet enjoyment with respect to the use and occupancy of
the Facility, use of all assets located at the Facility as of the Effective
Date (including, without limitation, the Disputed Assets (defined below in
Section 20.C) and the enjoyment of the privileges herein granted without
interruption or interference by any person.
18. ASSIGNMENT/SUBLEASE: Team shall not assign this Agreement or sublet the
Facility or any portion of the parking area or areas without prior written
consent of the City Manager. Notwithstanding anything to the contrary contained
in this Agreement, the Team may grant concession rights to a third party or
third parties, subject to the approval of the City Manager, which will not be
unreasonably withheld.
19. FACILITY REPAIR AND INSURANCE:
A. FACILITY REPAIR: Team shall repair any material damage (excluding
ordinary wear and tear) to the structure, water apparatus, electric lights or
any fixtures, appliances, furniture, lockers or other appurtenances of the
Facility resulting from any act of the Team, its assigns, sub lessees,
agents, officers or employees or to pay to Columbus the cost for such repairs.
B. TEAM INSURANCE: Team shall secure and maintain during the Term of
this Agreement, the following insurance coverages:
1. WORKERS? COMPENSATION: Workers Compensation insurance covering all employees
meeting statutory limits in compliance with all applicable state and federal
laws.
2. COMPREHENSIVE GENERAL LIABILITY: Coverage shall have minimum limits
of One Million Dollars ($1,000,000.00) per occurrence, Combine Single Limit
for Bodily Injury Liability and Property Damage Liability. This Comprehensive
General Liability coverage shall include Premises and Operations, Broad form
Property Damage, XCU Coverage, Independent Contractors, Products and Completed
Operations and Contractual Liability. This Comprehensive General Liability
coverage policy shall be endorsed to include and cover Liquor Liability.
3. BUSINESS AUTO LIABILITY: Coverage shall have minimum limits of One Million
Dollars ($1,000,000.00) per occurrence Combine Single Limit for Bodily Injury
Liability and Property Damage Liability. This Business Auto Liability policy
shall include and cover Owned Vehicles, Hired and Non-Owned Vehicles,
Employee Non-Ownership and such coverage as is necessary to protect the
parties against liability for the operation of the parking area or areas and
any other area or areas used for parking at the Facility.
4. ADDITIONAL INSURED: Team shall require and cause its insurer or insurers to
list Columbus as an additional insured (and not as a named
insured) on the Comprehensive General Liability, the Business Auto
Liability and the Garage Keepers Legal Liability Policies.
5. INSURANCE POLICIES/CERTIFICATES OF INSURANCE.Current valid insurance
policies meeting the requirements herein shall be maintained by the Team
during the Term of this Agreement. Team shall furnish copies of all policies
to the City Manager upon request.
C. INDEMNIFICATION. Columbus shall not be liable for loss by theft or
otherwise of any property of the Team or its concessionaires placed or left in
the baseball park. Team hereby covenants and agrees that it will indemnify and
hold harmless Columbus for any loss of life of injury which may occur to any
property on the premises of the Facility or that area of the parking lot
adjacent to the Facility used by the Team or its fans during the Term of this
Agreement, or any extension of this Agreement, caused by the negligence of Team
or its agents, servants, or employees. Team further agrees that the payment
and settlement of any such loss, injuries and damages shall devolve upon and be
made by Team; and the Team shall and will, at its own cost, defend any all
suits therefore brought against Columbus, and pay all attorney?s fees of
attorneys which Columbus shall select, and expense incidents to the defense
therefore, or growing out of any such suits. Columbus hereby covenants and
agrees that it will indemnify and hold harmless Team for any loss, injuries, or
damages the Team incurs as a result of a dispute between and any third party,
including without limitation over certain assets associated with the operation
of a baseball club at Golden Park (e.g., scoreboard, concession equipment,
dryers and washers, lockers, etc. (the ?Disputed Assets?). Columbus further
agrees that the payment and settlement of any such loss, injury or damage shall
devolve upon and be made by Columbus; and Columbus shall and will, at its own
cost, defend any and all threats and suits therefore made or brought against
Team, and pay all attorney?s fees of attorneys which Team shall select and
expense incidents to the defense therefore, or growing out of any such threats
or suits.
20. TERMINATION. This Agreement shall expire at the end of the Term, August
31, 2010 with an option to renew for one additional term, unless otherwise
cancelled by either party prior to end of Term
Notwithstanding the foregoing, the Team may terminate this Agreement without
penalty. The Team shall exercise this termination right by delivery of written
notice thereof to Columbus within thirty (30) days of non-renewal.
21. GENERAL PROVISIONS.
A. The Parties agree to execute and deliver any instruments in writing,
necessary to carry out any Agreement, term, condition or assurance in this
agreement, whenever the occasion shall arise and request for such
instrument shall be made.
B. This Agreement shall constitute the full and complete understanding between
the Parties. There are no oral understandings, terms or conditions, and
neither Party has relied on any representations, express or implied, not
contained in this Agreement. All prior understandings, terms or conditions are
deemed to merge into this Agreement, and this Agreement cannot be changed or
supplemented orally, but only by an agreement and signed by the Parties to this
Agreement.
C. If any provisions of this Agreement shall be declared invalid or
unenforceable, the remainder of the Agreement shall continue in full force and
effect.
D. The Parties at all times during the Term of this Agreement shall act and
deal in good faith with each other in the performance of this Agreement and in
working toward the commercial success of the Team.
E. This Agreement shall be construed under the laws of Georgia.
NOTICES. Any formal notice required to be given hereunder shall be in writing
and mailed, postage prepaid, by U.S. Certified mail, Return Receipt Requested,
addressed to the Parties as follows unless a different address is later
designated by either Party under this notice provision:
For Notices to the Team:
Mr. Howard H. Callaway, Chairman
Columbus Baseball Foundation, Inc.
453 Spring Harbor Drive
Columbus, Georgia 31904
(706) 663-5075
(706) 333-4994 Cell
Mr. James F. White, President/General Manager
Columbus Baseball Foundation, Inc.
7939 Ballantyne Way
Columbus, Georgia 31909
(706) 568-0908
(706) 577-1185 Cell
For Notices to Columbus:
Mr. Isaiah Hugley
City Manager
100 10th Street
6th Floor Government Center Tower
Columbus, Georgia 31901
Telephone: (706) 653-4029
Facsimile: (706) 653-4032
All consents, approvals, or permissions required to be obtained under this
Agreement shall be in writing and may be delivered by facsimile or electronic
transmission.
23. COMMITMENT TO EQUAL OPPORTUNITY EMPLOYMENT AND CONTRACTING
PRACTICES: Team shall abide by all federal, state and local equal opportunity
employment and contracting practices.
24. TIME IS OF THE ESSENCE: In all maters concerning or affecting this
Agreement, time is of the essence.
25. ATTORNEY?S FEES AND COSTS: In the event of any dispute, claim, or
controversy whatsoever which either Party may have against the other arising
out of this Agreement, resulting in the commencement or any action to interpret
or to enforce this Agreement, the prevailing Party shall be entitled to recover
its cost and expense related thereto, including without limitation, litigation
expenses, arbitration expenses, and attorneys? fees not to exceed fifteen
percent (15%) of the amount in dispute, whether incurred at trial, or in any
proceeding to review by appeal or by certiorari any of the forgoing.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
Executed in several counterparts, each of which shall constitute an original
and all of which, taken together, shall constitute a single instrument, by the
appropriate officials and the necessary seals to be affixed thereto on the
________day of February 2009.
COLUMBUS, GEORGIA COLUMBUS BASEBALL FOUNDATION, INC
By:____________________________ By:?________________________________
Isaiah Hugley Howard H. Callaway
City Manager Chairman of the Board
Attachments
No attachments for this document.