10-031CITY OF SHORE WOOD
RESOLUTION NO. 1.0 -031.
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO SOUTH TONKA
LITTLE LEAGUE FOR TILE CONSTRUCTION OF BATTING CAGES
IN FREEMAN PARK
WHEREAS, South Tonka Little League (Applicant) proposes to construct new batting
cages on the north side of Field No. 3 in Freeman Park, which batting cages will be donated to
the City of Shorewood; and
WHEREAS, the Shorewood Zoning Code allows public recreational facilities by
conditional use permit (C.U.P.) subject to certain conditions; and
WHEREAS, the request was reviewed by the City Planner and his recommendations
were duly set forth in a memorandum to the Planning Commission, Mayor and City Council,
dated 13 May 2010, which memorandum is on file at City Hail; and
WHEREAS, the request was considered by the Shorewood Park Commission at its
regular meeting held on 13 April 2010, the minutes of which meeting are on file at City Hall; and
WHEREAS, after required notice, a Public Hearing was held and the Applicant's
application reviewed by the Shorewood Planning Commission at its regular meeting on
18 May 2010, the minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at its regular
meeting on 24 May 2010, at which time the Planner's memorandum the minutes of the Park
Commission, and the minutes of the Planning Commission were reviewed and comments were
heard by the Council from the City staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The Applicant proposes to replace an existing batting cage on the north side of
Field 3 in Freeman Park with three new batting cages.
2. The new batting cages comply with the setback and zoning requirements of the
Shorewood Zoning Code.
CONCLUSION
The conditional use permit for the construction of three batting cages on the north side of Field 3
in Freeman Park is hereby granted, subject to the following conditions:
The batting cages must comply with the Shorewood Zoning Code and the State
Building Code.
2. The Applicant shall enter into the Acceptance and Indemnification Agreement, a
copy of which is attached hereto as Exhibit A and made a part hereof.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 14Th day of June, 2010.
6 hr Lizee, Mayor
ATTEST
Administrator /Clerk
-2-
ACCEPTANCE AND INDEMNIFICATION AGREEMENT
This Acceptance and Indemnification. Agreement (the "Agreement ") is made as of
15 June , 2010, by the CITY OF SHOREWOOD, a municipal corporation
organized under the laws of the State of Minnesota (the "City "), in favor of South
Tonka Little League , a nonprofit corporation organized under the
laws of the State of Minnesota ( "Donor ").
Statement of Facts
A. Donor desires to donate to the City the following park improvements which
have been constructed at/installed at /provided in connection with
Freeman Park in the City: Batting cages located
on the north side of Field 3
(hereinafter,
the "Donation ").
B. The City at its regular council meeting on 14 June 2010 ,
adopted a resolution (the "Resolution ") accepting the Donation (a copy of
such resolution is attached hereto as Exhibit A).
C. As evidence of the City's acceptance of the Donation and intent to
indemnify Donor, the City desires to enter into this Agreement.
NOW, THEREFORE, solely in consideration of the Donation, the City and Donor
declare, covenant and agree as follows:
1.) Acceptance The Donation was formally accepted by the City pursuant to
the Resolution.
2.) Donor's Representation Immediately preceding the City's adoption of the
Resolution, Donor owned the items included in the Donation free and clear
of all encumbrances, claims and liens.
3.) Indemnity The City shall forever indemnify, defend and hold Donor
harmless from any loss or damage arising out of or incurred by Donor as a
result of the use or operation of the Donation (excluding any such loss,
damage, expense or cost arising out of a misrepresentation by Donor of the
representation provided in Paragraph 2 above).
4.) Maintenance. The Donor shall maintain the fabric netting in good repair for
the life of the donation. In no event shall the City be required or expected to
repair or replace the fabric netting material.
5.) Mi scellaneous . This Agreement is made and delivered in, executed with
respect to, and shall in all respects be construed pursuant to and governed by
the laws of the State of Minnesota. This Agreement shall bind City and its
successors and assigns and shall inure to the benefit of Donor and its successors
and assigns.
IN WITNESS OF THE FOREGOING, the City has caused this Agreement to be
executed as of the above date.
CITY:
CITY OF SHOREWOOD
By.
Christine Lizee
Its: Mayor
DONOR:
SOUTH TONKA LITTLE LEAGUE
By: 44 40�4 —
I J n Bonnette
s: President
6/23/09
date /parks /resolution /donoragnnnt