1957-1477r~~
RBSOLUTION NO. 1477
RESOLUTION RELATING TO THB IMPROVBMBNT AND USE
OP FARK PROPERTIB5 BY BABE RUTH LEAGUE OF
RICHF IBL D ,. IAA.
HB IT RESOLVED by the Village Council of the Village of Richfield, Minnesota
as follows
'1. Permission'is hereby given to the Babe Ruth League of Richfield,
Inc., a corporation,. to improve and use certain park properties in this
village in accordance with the terms of this resolution.
Z'. The tracts of land which shall be subject to this permission are
described as follows:
(a) The North 900 feet of the West 900 feet of the North-
west Quarter (NW4) of the Southeast Quarter (SBa) of '
Section Twenty-five (25}r Township Twenty-eight (28) North,
Range Twenty four (24)
(b) All that land lying Easterly of the Bast line of Logan
Avenue within 415 feet thereof and Northerly of the
North line of 75th Street within 350 feet thereof.
3. This permission shall be for the term of one year, i.e. the calen-
dar year 1958
4. The permission herein granted shall not constitute a permit to ex-
clusive use of the areas above described but shall constitute permission on
a priority basis in consideration of the impfovements to said property to
be made by the Sabe Ruth League of Richfield,. Inc. 'When said premises are
not being used by the Sabe Ruth League of Richfield„ Inc. they may be used
bq other groups and organizations within the Village of Richfield subject
to such limitations as the Village of l~.i.chfield may impose. The Village
Council shall undertake to impose regulations which will safeguard the
improveme~sts which are p ut on such premises by the Babe Ruth League of
Richfield, Inc.
5. Permission herein granted shall be subject to an agreement in
writing by the Sabe Ruth League of Richfield,. Inc. that they will conform
to the following regulations.:
(~) Permission .ail terminate in the event that the lease
of tract~~a~~with the Metropolitan Airports Commission
is terminated during the year 1958.
(b) In the event. income derived from the use of the demised
premises is not appropriated to'the use of athletic
events fof the youth of the village,. the Babe Ruth League of
Richfields Into will pay to the village a sum ecgual to ten
percent (10%) of such portion of income as is not so devoted
to the promotion of athletic events for youth of the village.
(c1 The permission-herein granted is for the use of the said
premises for athletic playing fields for the youth of the
villages together with incidental facilities and roadways,,
. Resolution #177 Page 2
~'or the construction and location upon said premises of full.
sired baseball dismonds, together with temporaiy structures ~,'ry
such'as backstops,. portable stands and benches„ portable dug-
outs, removable concession stands,. removable boundary fences
suitable far advertising placards or signs which may be af-
fixed thereto.
(d) laid premises shall be used solel~- for baseball events far
the Babe Ruth League of Richfield,, Inc., including practice
sessions.
(e) Ail income incidental to said use of .the premises, includ-
ing admission charges or contributions, parking fees, con-
cession stand operations,. advertising revenue, etc. shall be
devoted solely to the promotion of athletie events for youth.
(f) Ail improvements to be made upon said premises shall be
in accordance with the plans to be submitted to and ap-
proved by the village manager of the Village of Richfield,. it
being understood and agreed that any such plans relating to
tract '0ia" above described must be approved by the Airector of
Wold-Chamberlain Airport,
(g) All construction shall be performed without any charge
made by the Babe Ruth League of Richfield, Inca against the
Village of Richfield and the Babe Ruth League of Richfield,.
Inc. shall hold and save harmless the Village of Richfield
from any and all claims,, liens or liability which may arise
from the construction hereinbefore mentioned and from claims
for labor or material involved in the improvement of the above
described premisesa All structures shall. be removable and
shall be removed at the termination of this permission. Any
lights to be used for night games shall require the specific
approval of the Village Council of the Village of Richfield.
{h) The said premises s}iall be kept free from debris, weeds, and
refuse of all kindsm
(i) Tract "a" described above shall at al 1 times be kept open to
right of entry by agents and employees of the Metropolitan Air-
ports Commission. This permission is subject to the right of
the Metropolitan Airports Commission to install and maintain
upon tract "a" above described,. such utility lines,. conduit,
pipe and facilities. as may be necessary to the development of
Wold-Chamberlain Airporto
(j) The Babe Ruth League of Richfield, Inc. shall comply with all
laws, ordinances and regulations of the United Mates of Minne-
~ sots or of agencies, departments or divisions of either or of
the Metropolitan Airports Commission rely ting to the use of
1 tract "a" relating to conttoi of ground and air traffic,. air-
~' craft operations and the general use and operation of the air-
Resolution 11477 ~ Page 3
port; and the Babe Ruth League of Richfield,. Xnc. shall further obey
any ordinances o€ the Village of Richfield relating to the use of the
property or conduct of persons upon the property and shall obtain
whatever licenses may be necessary in order to comply with any law or
regulation of the village or any other governmental organization.
(k,~ The Babe Ruth:League of Richfield, Inc,. shall indemnify and hold
harmless the Village of Ricrifieid from liability or claim of lia-
bility from whatever caulse for lossp damage or in3ury to persc~ns~ or
property on or abut the 8emised premises by reason of or in l:onnec-
tion with the activities of the Babe Ruth League of Richfieid~, I~ic.
attd the village shall not be liable to the Babe Ruth League of Rich-
field, inc. to any extent nor will-any-said orgatzi~.tion make any
ciai~nr against the Village of Richfield fr~r' or. on aocount of ' i~ss ' or
damage ~o said pr~mi.ses ar the imfirovement, facilities or structures
thereon. The per~ission herein grranted shaii not be,assignabie 'Co
anp ~ tlth~er party witho}~t the exprests consent of the Village Cot~nvii
of the Village of Richfield.
6. Upon receipt of a signed agreement from ~He app~to date offi~ctrs of
the Babe Ruth 'League of Richfield, Inc., agreeing to the oxegoing regulate
Lions, this permit shall be effective~ar~d a substantial breach of the fore
goiag regulations shall constitute a basis for revoking the permission
herein granted,.
?. Since the deed to Tract "B" above describe8 has not pet beech deliv-
ered to the Viiiage bq allied Central Stores, Inc., this permissionT as to
Tract "B" shaii be effective when such deed is delivered.
Passed by the Yiilage Council of the Village of Richfield this 23r8
day of December,. 1957.
1
Fred O. Kitten, Mayor
O. n Kr veien,, Manager
AT7.`BST: ,
r
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Pain. .Hain n, Village Clerk