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RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE USE AGREEMENT WITH NORTHWOODS LEAGUE, INC. AND RPK BASEBALL, LLC RELATING TO WADE STADIUM.
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CITY PROPOSAL:
RESOLVED, that the proper city officials are hereby authorized to enter into a first amendment to an existing agreement, substantially in the form attached as Exhibit 1, with Northwoods League, Inc. and RPK Baseball, LLC for the use and operation of portions of Wade Stadium; the annual contributions received under the original agreement, as amended by this first amendment, shall be deposited into the Special League Fund No. 210-030-3190-4625-04.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution authorizes a first amendment to an existing agreement with Northwoods League, Inc. and RPK Baseball, LLC for the use and operation of portions of Wade Stadium. The Duluth Huskies, under the auspices of the Northwoods League, has played baseball at Wade Stadium since 2002. The City Council authorized the current agreement on November 13, 2023 under Resolution No. 23-0851, which was subsequently entered into between the parties (the “Existing Agreement”). The term of the Existing Agreement inadvertently expired on December 31, 2025. The parties intended the term to go through December 31, 2026 and this first amendment extends the term through the desired date. No other changes are being made in this first amendment and all other terms of the Existing Agreement remain in effect.
The portions of Wade Stadium authorized for exclusive use under the Existing Agreement are the home team clubhouse, concessions areas, and the office space. The Existing Agreement also provides for non-exclusive use of all of the common areas; e.g., restrooms, parking lot, hallways and seating areas. Additionally, RPK is authorized to manage advertising within Wade Stadium. All use of the baseball field itself shall be reserved and scheduled through the City’s Parks and Recreation Department and RPK shall pay the council-approved rates for use of the field, which rates are subject to change from time to time.
In consideration of the Existing Agreement, RPK or its assigns shall provide fifteen thousand dollars ($15,000.00) in capital improvements to Wade Stadium throughout the term, which shall be paid in annual installments of $5,000 (the “Annual Contribution”). The Annual Contribution shall be deposited into the Special League Fund and specifically earmarked for improvements at Wade Stadium. The Annual Contribution does not have to be used in the calendar year that it was paid and may rollover into the following year(s) until such time that the City and RPK jointly agree on a capital improvement project. Any capital improvement project funded by the Annual Contribution(s) must benefit all users of Wade Stadium.