#03 Enter a use agreement with Friends of Lustig Park Disc Golf Club (File Res. #2011-793) CITY MANAGER’S OFFICE MEMORANDUM
April 4, 2011
TO: City Council
FROM: Tom Presny, Parks Director
SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Execute
a Use Agreement with the Friends of Lustig Park Disc Golf Club (File
Resolution #2011-793
Request
Staff requests the Council authorize the City Manager to execute a Use Agreement
Contract with the Friends of Lustig Park Disc Golf Club for their assistance with the
operation of the Lustig Park Disc Golf Course.
Recommendation
Staff recommends the City Council adopt File Resolution 2011-793 to authorize the City
Manager to execute a Use Agreement with the Friends of Lustig Park Disc Golf Club for
their assistance with the operation of the Lustig Park Disc Golf Course.
City Manager Recommendation
I concur with the recommendation.
Suggested Motion
I move the Council approve File Resolution 2011-793 to authorize the City Manager to
execute a Use Agreement with the Friends of Lustig Park for their assistance with the
operation of the Lustig Park Disc Golf Course.
Background
The disc golf course at Lustig Park has been operational since 2001 and was made
possible entirely through player donations. This course has become extremely popular
in the past 10 years and a challenge for the parks division to keep maintained and in
playable condition. A citizen group of avid players has recently come forward offering to
assist the city with maintenance and improvement to the course. The Friends of Lustig
Park Disc Golf Club is a newly formed organization who has just recently signed a
contract to become a 501-C3 fund within the Community Foundation of Southern
Wisconsin. Club members are avid disc golf players many who have vast disc golf
tournament experience and regularly travel to play other disc golf courses. The Friends
wish to raise funds and donate improvements to the course. They plan to replace the
current homemade disc baskets with commercially made baskets and provide other
improvements such as placing benches and trash containers as well as planting trees.
The Friends plan to host disc golf tournaments, assist in operating disc golf leagues and
host how-to classes. Funds for the course will be generated through tournaments and
1
through the sale of disc golf discs and pre packaged food and beverage items. All
proceeds will be invested back in the course or generally into Lustig Park.
Contract Terms
1. This contract would be for two (2) years, 2011-2013; however the City could
terminate the contract on ninety (90) days notice or the Friends could terminate
on ninety (90) days notice.
2. The City would continue to provide general course maintenance while the
Friends will give attention to course layout, play, and special events similar to a
regular golf course.
3. The Friends of Lustig Park Disc Golf Club will invest all proceeds back in the
course or otherwise into Lustig Park.
Summary
We believe The Friends of Lustig Park Disc Golf Club will prove to be a wonderful
volunteer organization assisting the city with all facets of disc golf course maintenance,
programming, and improvement. We look forward to the Friends assistance and
expertise in the successful operation of this popular community recreation facility as we
face financially challenging times ahead.
2
Resolution # 2011-793
A Resolution Authorizing the City Manager to Execute a Use Agreement with the
Friends of Lustig Park Disc Golf Club
WHEREAS, the City wishes to maintain and operate a disc golf course at Lustig Park as one of
its recreational facilities, within said County, known as ROCK; and
WHEREAS, the Friends of Lustig Park Disc Golf Club desires to assist the city with operation of
said disc golf course all upon the terms hereinafter set forth; and
WHEREAS, the Friends of Lustig Park Disc Golf Club are affiliated with the Community
Foundation of Southern Wisconsin; and
WHEREAS, all proceeds from their tournaments and sales of concessions will be put back into
disc golf course operation or amenities; and
WHEREAS, such use agreement contract, terms and conditions are permitted by law and the
Common Council is empowered to enter into such lease contract, pursuant to section 62.11(5)
and 62.22, Wisconsin Statutes, and
WHEREAS, it is in the best interest of the City of Janesville, the community and surrounding
area to execute and enter into a use agreement with the Friends of Lustig Park Disc Golf Club
for the maintenance and operation of said disc golf course; and
NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that it
hereby authorizes the City Manager or his representative to execute and enter into, on behalf of
the City of Janesville, a use agreement to help maintain and operate the Lustig Park Disc Golf
Course, and
BE IT FURTHER RESOLVED by the Common Council that the City Manager or his
representative is hereby authorized to negotiate, renew, extend, and execute such documents,
papers, agreements, and forms, to take whatever other actions, and to make whatever minor
changes to the lease contract and such documents, papers, agreements, and forms as the City
Manager or his representative may, from time to time, find necessary, desirable and/or
beneficial to effectuate the lease contract and/or the intent of this resolution on the City’s behalf.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Perrotto
Eric J. Levitt, City Manager
Rashkin
Steeber
ATTEST:
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: City Manager’s Office
Prepared by: Parks Director
USE AGREEMENT BETWEEN THE CITY OF JANESVILLE AND
THE LUSTIG PARK DISC GOLF CLUB
CITY OF JANESVILLE
This agreement is made between the , a municipal corporation,
“CITY”THE FRIENDS OF LUSTIG PARK DISC GOLF
hereinafter referred to as , and
CLUB“THE FRIENDS”
, hereinafter referred to as
WHEREAS
, the City leases land in the City of Janesville, Rock County,
Wisconsin known as Lustig Park from the State of Wisconsin Department of Public
Instruction, through a 30 year lease agreement in effect until October 31, 2017 and
subject to another 30 year lease renewal; and
WHEREAS
, within the 32.14 acres of Lustig Park are recreational improvements
including a public river shoreline, playground, restrooms, picnic pavilion, and a disc golf
course; and
WHEREAS
, the 18 hole Lustig Disc Golf Course was designed and constructed,
between 2001 and 2003, with volunteer time and donated materials, and supported with
volunteer maintenance, so as to minimize the cost to the City; and
WHEREAS
, the Common Council of the City of Janesville finds that it is in the
best interest of the City and benefit to its residents to promote the use of the park and
the disc golf course while reducing City costs to maintain and operate this facility; and
WHEREAS
, the Common Council of the City of Janesville has authorized the
City Manager and City Clerk to execute an agreement with The Friends authorizing the
Friends to use the facility; and
WHEREAS
, the Friends of Lustig Park Disc Golf Club are associated with the
Community Foundation of Southern Wisconsin;
NOW, THEREFORE,
in consideration of the fulfillment of the obligations of the
IT IS MUTUALLY AGREED
parties hereinafter set forth, as follows:
1. Premises.
The City hereby permits the non-exclusive use of and lets
unto The Friends for the term and upon the conditions hereinafter set forth,
the 18 hole Lustig Park Disc Golf Course. The Friends understand that Lustig
Park and the disc golf course are public facilities open to all persons without
charge except with City approval for league or tournament.
2. Term of the Use Agreement.
The initial term of this agreement shall be for
two (2) years, commencing on April 1, 2011and ending on March 31, 2013.
The Friends, with mutual agreement from the City, may exercise their right to
extend this agreement for an additional two (2) years, thereby terminating on
March 31, 2015. Such notification shall occur not less than sixty (60) days
prior to the expiration of this agreement. At such extension time the parities
may agree to update this agreement if appropriate.
3. Use of Facility.
The City reserves the right to use the Disc Golf Course,
surrounding grounds, the maintenance garage, and the entire park for any
public purpose. Further if the State of Wisconsin Department of Public
Instruction or the City would cancel its lease agreement for Lustig Park this
agreement immediately becomes null and void.
4. Maintenance and Repairs.
The Friends shall assist with the
maintenance and repair of the disc golf course including: course signage,
baskets, tee pads, fairways, benches, and emptying trash containers when
needed. In addition the Friends will aid in the placement or relocation of
baskets as agreed upon by the City.
5. Basket Placement.
Disc golf baskets may annually be removed from the
course whenever it is necessary for the grass and grounds to be repaired or
recover from wear and tear. Such baskets will not be in place during the
spring thaw period or whenever grounds are soft and damage is likely.
6. Tournaments , Leagues, and Programs.
The Friends shall request
approval of the City for each and every event they wish to schedule and host
tournaments, leagues or programs. The City Recreation Division shall be
made aware of these activities at least two weeks in advance and may
require, at its own discretion, completion of special event forms or permits,
and submission of financial gain documentation.
7. Fund Raising.
The Friends will undertake lawful and appropriate fund
raising at the park with the intent of replacing all homemade disc golf baskets
with commercially made baskets, and adding tee signs and similar course
improvements. This effort will reduce maintenance and improve course
All funds raised by The Friends will be deposited into a not
playability.
for profit 501 ( c ) 3 organization account and will be reinvested back in
the Lustig disc golf course or otherwise into Lustig Park.
8. Notice of Course and Park Improvements.
Improvements or changes to
the Lustig Park Disc Golf Course or otherwise to Lustig Park must have prior
approval of the City. Communication by the Friends to the City will be well in
advance of the intended changes or improvements. The Friends will submit a
letter proposing significant changes or improvements prior to carrying them
out. In turn the City will inform the Friends in advance of any necessary
changes or improvements that may affect the park or the disc golf course.
9. Sponsorship and Advertisement.
Upon submission by the Friends for
review, the City may permit select placement of golf hole sponsorships or
business advertisement in Lustig Park. The City has the right to reject the
sponsorship of golf holes or park benches which are not in the best interest of
the public. The City and the Friends will agree upon the text, design, and
materials used for all sponsored improvements. Revenue for all such sales
must be properly accounted for and all proceeds must be utilized for the direct
improvement or repair of Lustig Park and/or the disc golf course.
10. Food Concessions and Sale of Disc Golf Equipment or merchandise.
The Friends are permitted to vend food concessions approved by the Rock
County Health Department provided such foods and beverages are
dispensed in a sanitary manner according to the county, city and state laws.
No perishable food may be stored in the park. Disc golf related equipment
may be sold so long as it is reasonably priced and appropriate for use and
display by the general public. The Friends are responsible to apply for, obtain,
maintain and paying for all licenses and permits and shall at all times comply
with all laws. Revenue for all such sales must be properly accounted for and
all proceeds must be utilized for the direct improvement or repair of Lustig
Park and/or the disc golf course.
11. Storage.
The Friends will be provided a select few copies of the key to the
Lustig Park maintenance and storage garage and will be allowed to share the
space with the City of Janesville. They may only store safe and appropriate
disc golf equipment and repair materials in this storage garage. The City is
not in any way responsible for the loss or placement of any personal property
or possessions stored by the Friends in this garage.
12. Indemnification.
The Friends shall and hereby does indemnify, save and
hold harmless the City and each and every one of its elected and appointed
officials, officers, employees, representatives, and agents and their
successors from any and all liability, damages, judgments, costs, fees and
disbursements, awards, orders and payments including but not limited to
attorney fees, of whatsoever kind, nature or amount directly or indirectly
arising from Friends act and/ or omissions of whatsoever kind or nature and
those of each and every Friends members, employees, officers, officials,
guests, invitees, permittees, representatives, agents and all other persons
authorized, occurring upon or surrounding the above-described leased City
property. This indemnification shall survive this Lease Agreement.
13. Cancelation of Use Agreement.
The city or the Friends may cancel this
use agreement with a 90 day verbal or written notice. Any and all remaining
proceeds associated with this use agreement must be used to improve Lustig
Park and/or the disc golf course.
14. Signing of Use Agreement.
By signing this Lease Agreement, the
Friends President and Vice President hereby attest and certify that they are
duly authorized by the Friends of Lustig Park to enter into this Lease
Agreement on behalf of and so bind the Friends group.
IN WITNESS WHEREOF,
the parities have hereunto set their hands and
seals this __________ of _________ (day and month) of 2011.
CITY OF JANESVILLE FRIENDS OF LUSTIG PARK
_____________________________ _____________________________
Eric Levitt, City Manager Mike Brose, President
City of Janesville Friends of Lustig Park Disc Golf Club
______________________________ _____________________________
Jean Wulf, City Clerk Treasurer Robert E. Lee, Vice President
City of Janesville Friends of Lustig Park Disc Golf Club
APPROVED AS TO FORM:
_____________________________,
Waldemar Klinczyk, City Attorney
City of Janesville