PARTNERSHIP AGREEMENT
BETWEEN
THE CHEROKEE COUNTY BOARD OF EDUCATION
AND
HOBGOOD BASEBALL, INC.
This agreement entered into on this 14th day of September, 2023 by and between the Cherokee County Board of Education, hereinafter referred to as the “School Board” and Hobgood Baseball, Inc.
WHEREAS, the School Board’s mission is to educate the emerging generation through learning environments designed to increase the performance of all students; and,
WHEREAS, one of the School District’s Priority Areas is Family, Partner and Community Engagement; and,
WHEREAS, HPYA Hobgood Baseball is a non-profit corporation established to construct and maintain fields for youth activities.
Now therefore in consideration of the covenants and conditions set forth herein the parties agree as follows:
ARTICLE I
The parties agree that the foregoing recitals are true and correct and incorporated herein by reference.
ARTICLE II
The School Board will:
1. Provide continued use of the Bascomb ES (Attachment A) and Carmel ES (Attachment B) softball fields by Hobgood Baseball after regular school hours. [Bascomb utilization was previously approved by the School Board in January 1998].
2. Pursue opportunities for similar field use arrangements after regular school hours, as construction/scheduling allows.
3. Promote Hobgood Baseball programs through existing communication channels, as permitted by School Board policy.
ARTICLE III
Hobgood Baseball will:
1. Continue to honor the provisions and stipulations contained in the attached lease agreements.
2. Accept all children for participation within its programs without regard to their gender, race, political affiliation, age, national origin or handicapping condition or any other discrimination recognized and prohibited by State or Federal Law. Children with handicaps must be provided all necessary levels of supervision and must be included within activities. As a result of this partnership agreement, Hobgood Baseball must adhere to all local, State or Federal laws regarding education.
ARTICLE IV
The term of this contract is September 14, 2023 through September 14, 2024. This contract shall automatically renew for additional terms not to exceed five years unless either party notifies the other at least 60 days prior to renewal date.
ARTICLE V
This contract may be terminated by either party upon thirty (30) days written notice to the other party with or without cause. All notice of this contract shall be given to the Superintendent of Cherokee County Schools at PO Box 769, Canton, GA 30169, and to the Board Chairman of Hobgood Baseball.
Attachment A
Approved by School Board: January 1998
PREAMBLE
It is understood by the parties that the following lease is for premises at Bascomb Elementary school and that the premises will be leased to the Cherokee County (hereinafter “Lessee”) by Cherokee County School System (a political subdivision of the State of Georgia, hereinafter “School System” or “Lessor”). The leased property will be developed by Hobgood Park Youth Association, Inc. (A non-profit corporation established to construct and maintain fields for youth activities, hereinafter “HPYA”). HPYA has developed adjacent property and it is further the intent of the parties that HYPA will construct, at its own expense, baseball fields consistent in kind and quality to those previously constructed by HPYA on the adjacent property and that HPYA will be financially responsible for the construction and regular maintenance of the facility in consideration of the continued use thereof. This lease contemplates that the primary user of the fields will continue to be the School System during normal school hours and for periods thereafter which are not previously scheduled by HYPA. Finally, for purposes of the following lease, the management, care, and authority shall vest in the HYPA so that any procedural or coordination questions regarding scheduling may be between the School System and HYPA.
REAL ESTATE LEASE
This “Lease” is made effective as of January 1, 1998 (Date), between Cherokee County School System, a political subdivision of the State of Georgia “Lessor” and Hobgood Park Youth Association, Inc. “Lessee”. The parties also acknowledge Hobgood Park Youth Association, Inc. (“Subtenant”) as a third party beneficiary of this lease. The premises leased consist of two baseball fields on Bascomb Elementary School grounds and the parties agree as follows:
PREMISES: Lessor, in consideration of the lease payments provided in this Agreement, leases to Lessee the ground, including equipment thereon (the “Premises”) located at the northeast corner of Bascomb Elementary School on Towne Lake Parkway (consisting of two ball fields and immediately adjacent property).
LEGAL DESCRIPTION: The legal description for the Premises may be attached by amendment.
TERM: The lease term shall commence on January 1, 1998 and shall terminate on the later of December 31, 2047, but in no event more than fifty years.
LEASE PAYMENTS: Lessee has paid herewith an advance lease payment of $1 per year for fifty years, which said payment is acknowledged by the parties to be sufficient and received.
USE OF PREMISES: Lessee may use the Premises for purposes of operating a youth baseball and softball enterprise, and any other uses which expressly promote such an enterprise. The Premises may be used for any other purpose only the prior written consent of Lessor. Subject to operating procedures, Lessee shall make the facilities available for general non-commercial public use and enjoyment specifically excepting school hours (generally 7 a.m. to 6 p.m. Monday through Friday), and Lessor shall retain a right of first refusal for the use of the Lessee. The Lessee shall be fully responsible for the construction and, during baseball seasons, the maintenance of the premises and shall assist in the maintenance during the remainder of the year. The Lessee may additionally provide necessary maintenance, upkeep, and utilities contributions for such use. Lessor and Lessee covenant that, upon their use of the facilities, to return the premises after use in similar condition to that prior to use. Lessee shall be entitled to any profits from concession sales as an additional offset against maintenance costs. Lessor shall have no further financial responsibility to the Lessee.
REMODELING OR STRUCTURAL IMPROVEMENTS: Lessee shall have the obligation to maintain the premises, and to provide any construction or remodeling (at Lessee’s expense) that may be required to use the Premises as specified above, and may construct such fixtures on the Premises (at Lessee's expense) that appropriately facilitate its use for such purpose. Such construction shall be undertaken and such fixtures may be erected only with notice to the Lessor.
MAINTENANCE: Lessee shall have the obligation to maintain the Premises in good repair at all times.
ACCESS BY LESSOR TO PREMISES: Lessor shall have the right to enter the Premises to make inspections or provide necessary services.
UTILITIES AND SERVICES: Lessee shall be responsible for all utilities and services in connection with the Premises. All utility service as of the date of the signing of the lease shall be in the name of the Lessee, exclusively.
LIABILITY INSURANCE: Lessee shall maintain public liability insurance in total aggregate sum of at least $500,000.00. Lessee shall deliver appropriate evidence to Lessor as proof that adequate insurance is in force. Lessor shall have the right to require that the Lessor receive notice of any termination of such insurance policies.
INDEMNITY REGARDING USE OF PREMISES: Lessee agrees to indemnify, hold harmless, and defend Lessor from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, is any, which Lessor may suffer or incur in connection with Lessee’s use of the Premises. Likewise the Lessor shall indemnify, hold harmless and defend the Lessee from and against any and all loses, claims, liabilities, and expenses, including reasonable attorney’s fees, if any, which Lessee may suffer or incur in connection with either the use of the Premises by the Lessor, or the use of the premises by the general public.
DANGEROUS MATERIALS: Lessee shall not keep or have on the Premises any article or thing of a dangerous, inflammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Lessor is obtained and proof of adequate insurance protection is provided by Lessee or its assigns to Lessor.
TAXES: Taxes attributable to the Premises or the use of the Premises shall be allocated as follows:
Real Estate Taxes – Lessor shall pay all real estate taxes and assessments for the premises.
Personal Taxes – Lessee shall pay all personal taxes and any other charges which may be levied against the Premises and which are attributable to Lessee’s use of the Premises, or fixtures.
MECHANICS LIENS: Neither the Lessee nor anyone claiming through the
Lessee shall have the right to file mechanics liens or any other kind of lien on the Premises and the filing of this Lease constitutes notice that such liens are invalid. Further, Lessee agrees to give actual advance notice to any contractors, subcontractors or suppliers of good, labor, or services that such liens will not be valid.
ASSIGNABILITY/SUBLETTING: Notwithstanding anything to the contrary herein, Lessee may not assign or sublease any interest in the Premises without the prior written consent of Lessor.
NOTICE: Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows:
Lessor:
Cherokee County School system
P.O. Box 769
Canton, GA 30114
Lessee:
Don Spedale, President
Hobgood Park Youth Association, Inc.
Such addresses may be changed from time to time by either party providing notice as set forth above.
ENTIRE AGREEMENT/AMENDMENT: This Lease Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
SEVERABILITY: If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER: The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Lease.
SUBORDINATION OF LEASE: This Lease is subordinate to any obligation between the School System and the State of Georgia that now exists, or may be given later to Lessor, with respect to the Premises.
Attachment B
Presented to School Board: November 6, 2003
PREAMBLE
It is understood by the parties that the following lease is for premises at Carmel Elementary school and that the premises will be leased to the Cherokee County (hereinafter “Lessee”) by Cherokee County School System (a political subdivision of the State of Georgia, hereinafter “School System” or “Lessor”). The leased property will be developed by Hobgood Park Youth Association, Inc. (A non-profit corporation established to construct and maintain fields for youth activities, hereinafter “HPYA”). HPYA has developed adjacent property and it is further the intent of the parties that HYPA will construct, at its own expense, baseball fields consistent in kind and quality to those previously constructed by HPYA at Bascomb ES and Hobgood Park and that HPYA will be financially responsible for the construction and regular maintenance of the facility in consideration of the continued use thereof. This lease contemplates that the primary user of the fields will continue to be the School System during normal school hours and for periods thereafter which are not previously scheduled by HYPA. Finally, for purposes of the following lease, the management, care, and authority shall vest in the HYPA so that any procedural or coordination questions regarding scheduling may be between the School System and HYPA.
REAL ESTATE LEASE
This “Lease” is made effective as of November 6, 2003 (Date), between Cherokee County School System, a political subdivision of the State of Georgia “Lessor” and Hobgood Park Youth Association, Inc. “Lessee”. The parties also acknowledge Hobgood Park Youth Association, Inc. (“Subtenant”) as a third party beneficiary of this lease. The premises leased consist of two baseball fields on Carmel Elementary School grounds and the parties agree as follows:
PREMISES: Lessor, in consideration of the lease payments provided in this Agreement, leases to Lessee the ground, including equipment thereon (the “Premises”) located at Carmel Elementary School on Bascomb Carmel Road (consisting of two ball fields and immediately adjacent property).
LEGAL DESCRIPTION: The legal description for the Premises may be attached by amendment.
TERM: The lease term shall commence on November 6, 2003 and shall terminate on the later of December 31, 2052, but in no event more than fifty years.
LEASE PAYMENTS: Lessee has paid herewith an advance lease payment of $1 per year for fifty years, which said payment is acknowledged by the parties to be sufficient and received.
USE OF PREMISES: Lessee may use the Premises for purposes of operating a youth baseball and softball enterprise, and any other uses which expressly promote such an enterprise. The Premises may be used for any other purpose only the prior written consent of Lessor. Subject to operating procedures, Lessee shall make the facilities available for general non-commercial public use and enjoyment specifically excepting school hours (generally 7 a.m. to 6 p.m. Monday through Friday), and Lessor shall retain a right of first refusal for the use of the Lessee. The Lessee shall be fully responsible for the construction and, during baseball seasons, the maintenance of the premises and shall assist in the maintenance during the remainder of the year. The Lessee may additionally provide necessary maintenance, upkeep, and utilities contributions for such use. Lessor and Lessee covenant that, upon their use of the facilities, to return the premises after use in similar condition to that prior to use. Lessee shall be entitled to any profits from concession sales as an additional offset against maintenance costs. Lessor shall have no further financial responsibility to the Lessee.
REMODELING OR STRUCTURAL IMPROVEMENTS: Lessee shall have the obligation to maintain the premises, and to provide any construction or remodeling (at Lessee’s expense) that may be required to use the Premises as specified above, and may construct such fixtures on the Premises (at Lessee's expense) that appropriately facilitate its use for such purpose. Any improvements to such property, and any and all financial interest in those improvements, at the time of lease expiration, will revert back to the owner. Such construction shall be undertaken and such fixtures may be erected only with notice to the Lessor.
MAINTENANCE: Lessee shall have the obligation to maintain the Premises in good repair at all times.
ACCESS BY LESSOR TO PREMISES: Lessor shall have the right to enter the Premises to make inspections or provide necessary services.
UTILITIES AND SERVICES: Lessee shall be responsible for all utilities and services in connection with the Premises. All utility service as of the date of the signing of the lease shall be in the name of the Lessee, exclusively.
LIABILITY INSURANCE: During the term of this agreement, Lessee shall maintain comprehensive general liability insurance with individual limits of not less than $1,000,000 and an aggregate location limit of not less than $1,000,000, underwritten by financially stable companies (AM Best rated A or better). The general liability insurance policy shall be endorsed to include the Cherokee County School District as an Additional Insured. The policy of insurance shall provide the minimum of 30 days advance notice of cancellation of insurance to the District. A certificate of such insurance in a form satisfactory to the Lessor evidencing said coverage shall be provided to the District prior to Lessee’s use of premises.
INDEMNITY REGARDING USE OF PREMISES: Lessee agrees to indemnify, hold harmless, and defend Lessor from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Lessor may suffer or incur in connection with Lessee’s use of the Premises.
DANGEROUS MATERIALS: Lessee shall not keep or have on the Premises any article or thing of a dangerous, inflammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Lessor is obtained and proof of adequate insurance protection is provided by Lessee or its assigns to Lessor.
TAXES: Taxes attributable to the Premises or the use of the Premises shall be allocated as follows:
Real Estate Taxes – Lessor shall pay all real estate taxes and assessments for the premises.
Personal Taxes – Lessee shall pay all personal taxes and any other charges which may be levied against the Premises and which are attributable to Lessee’s use of the Premises, or fixtures.
MECHANICS LIENS: Neither the Lessee nor anyone claiming through the
Lessee shall have the right to file mechanics liens or any other kind of lien on the Premises and the filing of this Lease constitutes notice that such liens are invalid. Further, Lessee agrees to give actual advance notice to any contractors, subcontractors or suppliers of good, labor, or services that such liens will not be valid.
ASSIGNABILITY/SUBLETTING: Notwithstanding anything to the contrary herein, Lessee may not assign or sublease any interest in the Premises without the prior written consent of Lessor.
NOTICE: Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows:
Lessor:
Cherokee County School system
P.O. Box 769
Canton, GA 30114
Lessee:
Byron Kizer, President
Hobgood Park Youth Association, Inc.
Such addresses may be changed from time to time by either party providing notice as set forth above.
ENTIRE AGREEMENT/AMENDMENT: This Lease Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
SEVERABILITY: If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER: The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Lease.
SUBORDINATION OF LEASE: This Lease is subordinate to any obligation between the School System and the State of Georgia that now exists, or may be given later to Lessor, with respect to the Premises.