AGREEMENT BETWEEN THE VILLAGE OF MCFARLAND
FOUR LAKES BOCCE ASSOCIATION, INC.
THIS AGREEMENT is between the Village of McFarland (“Village”) and the Four Lakes Bocce Association, Inc. (“Four Lakes”).
WHEREAS, the Village plans to construct a bocce facility in William McFarland Park for recreational use by residents of the Village (“Bocce Facility”); and
WHEREAS, the location of the Bocce Facility is depicted in the site plan attached hereto as Exhibit “A”; and
WHEREAS, Four Lakes is willing to assist with the initial construction of and the ongoing operation and maintenance of the Bocce Facility; and
WHEREAS, Four Lakes is further willing to promote the sport of bocce and its play by Village residents and to raise funds for further enhancements to the Bocce Facility; and
WHEREAS, Four Lakes desires to reserve the Bocce Facility for exclusive use by its members and others for scheduled league and tournament play, but permitting use by the general public of the Bocce Facility at all other times;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged,
it is agreed as follows:
I. Scheduled and Unscheduled Use of Bocce Facility.
A. During the bocce season, Four Lakes shall have first priority use of the Bocce Facility for league play or use by its members.
B. At all other times, the Bocce Facility will be available for scheduled or unscheduled use, except when closed for maintenance or repairs.
C. Other than as specified elsewhere in this Agreement, Four Lakes agrees that the Bocce Facility will be available for use by the general public from sunrise until noon every day, without need to reserve a scheduled playing time in advance, except the dates that have been previously scheduled for use by Four Lakes for tournament play or the Senior Outreach Services Department. From noon until sunset, the Bocce Facility will be available for use by the general public with an advance reservation for scheduled playing time, except for previously scheduled use by Four Lakes or others designated by the Village.
D. The Public Works Department shall be responsible for approving a scheduling system for use of the Bocce Facility. The said Department shall take reasonable steps to publicize the schedule and availability of hocce courts to eliminate conflict between different users.
E. From January 1 through March 30 of each year, Four Lakes shall have the exclusive right to schedule use of the Bocce Facility for group play, tournament play or member use for play from April 15 to the end of the bocce season each year, After March 30 of each year, Four Lakes and members of the general public may schedule use of bocce courts at the Bocce Facility for dates at least five days before the date of the reservation. Any of the courts at the Bocce Facility not reserved at least five days prior to the event in question shall be available for use of the general public.
F. Four Lakes agrees to abide by the standard park closing time of 10:00 p.m.
II. Calendar and Reservations System.
Four Lakes agrees to make available to the public and maintain an online scheduling calendar, linked to the Village website, which will allow the general public to view and reserve, on an equitable basis, available playing times through designated Village staff. Four Lakes also agrees to post and maintain at the Bocce Facility a current court reservation notice board once a suitable structure is erected.
III. Fees and Revenues.
A. The Village agrees that Four Lakes shall have the exclusive right to charge and collect fees for rental of equipment and from participants in leagues, tournaments and Four Lake events that utilize the Bocce Facility.
B. Four Lakes may not charge fees for use of the Bocce Facility by the general public. The Village reserves the right to charge fees for reserved use of the Bocce Facility by the general public. Four Lakes reserves the right to charge fees from corporations and other organizations that desire to reserve exclusive use of the Bocce Facility for special events.
C. Four Lakes agrees that all net revenue generated from fees charged and from fundraising activities shall be used only for maintenance, improvement, and related operational costs of the Bocce Facility.
D. Four Lakes may recognize financial donors to the Bocce Facility in an appropriate manner, with the nature and manner of recognition subject to approval by the Village of the specific place, display and manner of recognition. The parties agree, however, that it is prohibited for either party to sell naming rights for any portion of the Bocce Facility.
IV. Construction of Bocce Facility.
A. At a minimum, Four Lakes agrees to contribute, at its expense, the following at the time of initial construction of the Bocce Facility:
1. Providing and placing a suitable material on the surface of the bocce courts.
2. Providing appropriate hand tools required for proper maintenance of the Bocce Facility.
3. Constructing a small shed for storage of equipment, materials and maintenance tools. The size, appearance and location of the storage shed shall be subject to approval by the Village.
4. Installing a scorekeeping system with the design to be determined by Four Lakes.
5. Volunteer labor to assist with the construction of the bocce courts and the installation of support amenities.
B. The location for the first phase of four bocce courts, the storage shed and possible location for additional courts shall be as depicted in Exhibit “A,” attached hereto.
C. Attached hereto as Exhibit “B” is a detailed list of the items and materials contributed by Four Lakes for the initial construction of the Bocce Facility.
V. Maintenance and Repairs.
A. Four Lakes agrees to maintain the Bocce Facility in a manner acceptable to the Village and to be responsible for and pay the full cost of all routine maintenance and repairs to the bocce courts and to any support amenities such as shelters, shade structures, benches, signs, scoreboards, sidewalks and storage shed, except for damage caused by extraordinary weather events such as tomados or obvious acts of vandalism, which shall remain the responsibility of the Village.
B. Other than as set forth in Section V.A., Village agrees to be responsible for the costs of all maintenance and repairs to the grounds, landscaping, parking lot and restroom facilities at William McFarland Park.
C Should Four Lakes fail to maintain the Bocce Facility in an acceptable manner as set forth in Section V.A. the Village shall have the right to make the necessary repairs or perform the required maintenance and charge Four Lakes the cost thereof. Unless an emergency exists, the Village shall give at least fifteen (15) days’ written notice to Four Lakes identifying the required repairs.
A. Four Lakes shall obtain, pay for and keep in full force and effect commercial general liability insurance, including personal injury and private property damage, in an amount not less than SI,000,000 combined single limit. Such insurance shall name the Village as an additional insured and shall contain a provision requiring not less than thirty (30) days’ notice to the Village of cancellation or refusal to renew.
B. Evidence of insurance shall be provided to the Village by a certificate of insurance.
Association shall indemnify and hold harmless the Village, its employees, officials, officers and agents against all claims, demands, liabilities, and expenses due to personal injury or property damage arising from or caused by the use of the Bocce Facility by Four Lakes or from the acts of negligence of its officers, directors, members, agents or employees.
VIII. Status of Association.
Throughout the term of this Agreement, Four Lakes shall:
A. Remain in good standing as a non-stock not for profit corporation.
B. Maintain a current registered agent with the State Department of Financial Institutions, or successor office.
C. Upon request, supply to the Village written documentation verifying compliance by Four Lakes with this Article.
IX. Financial Records.
Annually, the Village Parks and Recreation Committee shall review the records of Four Lakes relating to its fundraising and operations of the Bocce Facility, and provide a summer report to the Village Board, Ordinarily, this review shall take place in the first quarter of each year.
A. This Agreement shall commence on June 14, 2010 and end on December 31, 2019, but may be continued beyond that date by mutual agreement of the parties.
B. The parties agree to formally review and re-evaluate this Agreement following completion of the third (2012) and sixth (2015) playing seasons.
Any notice required or permitted to be given under the terms of this Agreement shall be deemed sufficiently given or served if sent by certified mail to Four Lakes at P.O. Box 259, McFarland, Wisconsin 53558 and the Village at the office of the Village Clerk at the McFarland Municipal Center. Either party may, by like written notice, designate a different address to which notices shall be subsequently sent. Notices given in accordance with these provisions shall be deemed received when mailed.
XII. Miscellaneous Provisions.
A. This Agreement shall be governed by the laws of the State of Wisconsin.
B. This Agreement represents the entire agreement between the parties and supersedes any and all prior negotiations, representations or agreements. This Agreement may be amended from time to time by mutual written agreement of the parties.
C. Upon written request by either party, representatives of both parties shall meet within fifteen (15) days to discuss issues of current concern.
D. Should any disagreement arise between the Village and Four Lakes over the terms of this Agreement or the performance of either hereunder, then either party may request that said disagreement be referred to a mediator to be selected jointly by the parties.
IN WITNESS WHEREOF, this Agreement is entered into this 28th day of June, 2010.
VILLAGE OF MCFARLAND
By: Mike Harried, Village President
Attest: Deb Neal, Village Clerk
FOUR LAKES BOCCE ASSOCIATION, INC.
By: Kevin Thies, President
Jason Rittel, Secretary
(Hand Drawing of Court Area)
BOCCE FACILITY CONSTRUCTION
ITEMS CONTRIBUTED BY BOCCE ASSOCIATION
Item Description Quantity Value
Oversized Timbers (cost share) 1,400’ $283
Facing Boards (2”x8”) 512’ $45
(2”xlO”) 896’ $968
End Boards 180’ $400
Oyster Shell Surface 20 tons $7,500
Storage Shed 1 $850
Benches—6’ 2 $710
Concrete Sidewalk (extra) 1,694 sq. ft $5,929