| ITEM #: 7. DATE: 03/03/2025 AI #:2501 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | EASEMENT GRANTING CINCINNATI REDS RIGHT TO ACCESS REDS FACILITIES FROM ADJACENT PROPERTY THROUGH BACK GATE |
| STAFF PRESENTER(S): | Bruce Kessman, Deputy Director Ballpark General Manager |
SUMMARY
The Cincinnati Reds (the "Reds”) have requested an easement across city-owned property that would allow these individuals (the “Reds Personnel”) to access the Reds Facilities from the adjacent property through the back gate in the perimeter fence surrounding the Reds Facilities and to construct improvements within the easement area that will prevent the public from interacting with the Reds Personnel as they cross over the city property into the Reds Facilities.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
Approve the Construction, Maintenance, and Access Easement Agreement with The Cincinnati Reds LLC and providing authorization to the city manager or her designee to take actions and execute documents necessary to carry out the intent of the agreement. (Bruce Kessman, Deputy Director Ballpark General Manager)
FISCAL IMPACT
The granting of the requested easement is revenue neutral in that it will not generate any revenues or expenses. The Reds will be responsible for maintaining all the improvements and for operating all of the security features being installed.
BACKGROUND AND PREVIOUS ACTIONS
The Reds is a party to a Sports Facilities Use Agreement by and between the City of Goodyear and The Cincinnati Reds, LLC, a Delaware limited liability company dated July 14, 2008, which was amended on February 1, 2011 (the “Reds Use Agreement”). The proposed easement has not been presented to council previously, and although not required by the Reds Use Agreement, is in furtherance of the Reds right of access to the Reds Facilities.
STAFF ANALYSIS
The Cincinnati Reds (the “Reds”) intend to house certain individuals involved with the operation of the Reds within the apartment complex constructed on the property adjacent to the Reds Facilities. They have requested an easement across city-owned property that would allow these individuals (the “Reds Personnel”) and authorized guests to access the Reds Facilities from the adjacent property through the gate in the perimeter fence surrounding the Reds Facilities and to construct improvements within the easement area that will prevent the public from interacting with the Red Personnel as they cross over the city property into the Reds Facilities. The term of the easement would coincide with the current use agreement between the city and the Reds and any renewal or replacement thereof.
Access through the gate is currently limited to city staff. The improvements to be constructed will allow staff to continue to traverse around the Reds Facilities and to access the facilities through the gate and will include security features to prohibit unauthorized access into the Reds Facilities. Ballpark staff has approved the improvements and security features that will be constructed and/or installed.
The Reds will own all of the improvements being constructed except for the gate in the perimeter fence, and will be responsible for maintaining all of the improvements, including the gate, and for the operation of all of the security features that are installed. The agreement (Attachment A) includes a broad indemnification clause that requires the Reds to indemnify the city and its staff from claims related to the use of the easement area and improvements constructed therein, including claims for injuries arising from persons being hit by fly balls.
The improvements and security features that are to be constructed and/or installed include a sidewalk, fencing with windscreen, security cameras, an access control system, and lighting. The proposed easement, which has been approved by legal counsel, provides protections for the city against claims arising from the use of the easement area and from damages caused by persons entering the Reds Facilities through the gate. It allows the city to terminate the easement if the Reds fail to satisfy its obligations and upon such termination requires the Reds to remove the improvements that were constructed and/or installed and to restore the city’s property.
Access through the gate is currently limited to city staff. The improvements to be constructed will allow staff to continue to traverse around the Reds Facilities and to access the facilities through the gate and will include security features to prohibit unauthorized access into the Reds Facilities. Ballpark staff has approved the improvements and security features that will be constructed and/or installed.
The Reds will own all of the improvements being constructed except for the gate in the perimeter fence, and will be responsible for maintaining all of the improvements, including the gate, and for the operation of all of the security features that are installed. The agreement (Attachment A) includes a broad indemnification clause that requires the Reds to indemnify the city and its staff from claims related to the use of the easement area and improvements constructed therein, including claims for injuries arising from persons being hit by fly balls.
The improvements and security features that are to be constructed and/or installed include a sidewalk, fencing with windscreen, security cameras, an access control system, and lighting. The proposed easement, which has been approved by legal counsel, provides protections for the city against claims arising from the use of the easement area and from damages caused by persons entering the Reds Facilities through the gate. It allows the city to terminate the easement if the Reds fail to satisfy its obligations and upon such termination requires the Reds to remove the improvements that were constructed and/or installed and to restore the city’s property.