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2011-779 Resolution # 2011 -779 A Resolution Authorizing the City Manager to Execute a Lease with the American Legion Baseball of Janesville, WI for the Operation of a portion of Riverside Park WHEREAS, Riverside Park has been home to American Legion baseball and Janesville School District baseball since the 1960s; WHEREAS, the City is the owner of the land located in the City of Janesville, Rock County, Wisconsin, known as Riverside Park, upon which is situated a building known as the American Legion Baseball Multi- Purpose Building (2900 Parkside Drive), owned by the City and a baseball field known as Veteran's Field, owned by the City; and WHEREAS, the American Legion desires to lease the facility from the City; WHEREAS, the American Legion and the City Administration have negotiated a proposed one (1) year lease, commencing March 1, 2011 and ending on February 28, 2012. The lease may be extended annually for an additional five (5) years, thereby terminating on February 28, 2017 if mutually agreed upon by the American Legion and the City; and WHEREAS, the proposed Lease and all of its above and other terms, obligations, and provisions are reiterated and incorporated by reference herein as if fully set verbatim; and WHEREAS, the Common Council hereby find that this Lease and its execution by the City is in the best interest of and of benefit to the City of Janesville, the community, its residents, businesses, as well as the surrounding area; and WHEREAS, such Lease and its terms, conditions, obligations, and promises are permitted by law and the Common Council are empowered to enter into such Lease, pursuant to Wis. Stats. §§ 66.0101, 62.11(5), 62.22, and 62.23(17) (b), and other pertinent Wisconsin Statutes. NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that the Lease with the American Legion is approved and authorized upon the terms, conditions, obligations, provisions, and promises set forth above and therein as proposed by the City Administration; and further, the City Manager and /or his designee(s), on behalf of the City of Janesville, are authorized to execute and enter into the Lease with the American Legion for the operation of a portion of Riverside Park; and BE IT FURTHER RESOLVED by the Common Council that the City Manager and /or his designees are hereby authorized to negotiate, renew, amend, execute, and enter into such documents, papers, agreements, and forms, and to take whatever other actions, that the City Manager may, from time to time, find necessary, desirable, and /or beneficial to effectuate the Lease and /or the intent of this Resolution. ADOPTED: March 14, 2011 Motion by: Steeber Second by: Truman APPROV D: Councilmember Aye Nay Pass Absent Brunner X McDonald X Eri J. Levit Manager Perrotto X Rashkin X ATTEST Truman X Steeber X -0i ____ Voskuil X Jea A nn Wulf, City Clerk- Treasurer APPROVED AS TO FORM: l/�r�� ' i Wald Klimczyk, City Attorney Proposed by: Parks Division Prepared by: Management Assistant & City Attorney - - _