Clarkston to use church-owned baseball field under nonexclusive 2026 property license

Clarkston Town and The Church of Jesus Christ of Latter-day Saints prepared a property license form in 2026 that would grant the town a nonexclusive, no-warranty right to use a church-owned baseball field, pavilion and parking area at 25 E. 100 S., Clarkston, for recreational purposes only.

The agreement allows Clarkston to operate a public reservation system but caps any charges to maintenance and overhead costs; the Licensee may not profit from the property or charge the Licensor for use. The contract expressly prohibits Town use of the License Area on Sundays and Tuesdays and gives the Licensor the right to exclude the Licensee on any day if the Licensor provides seven days' notice.

Under the draft terms, the license terminates automatically if Clarkston stops using the License Area for permitted activities, and either party may terminate the agreement on 90 days' written notice. The Licensee accepts the premises in "AS IS, WHERE IS" condition and must obtain any required consents to cross or encumber other easements for improvements.

The agreement places restoration obligations on the Licensee: Clarkston must repair damage it or its agents cause to Licensor improvements, remove any improvements it places on the property, and leave the grounds free of debris and hazards resulting from its activities. It also bars the Town from creating liens on the property and requires any liens to be released within 30 days of notice.

Environmental and safety rules are strict: Licensee may not bring or store hazardous substances on the License Area except motor fuels used by vehicles and construction equipment, and it must notify Licensor immediately of any spills. The contract defines "Hazardous Waste Laws" broadly to include federal, state and local statutes and related administrative or judicial orders.

Liability and insurance provisions are substantial. Clarkston must indemnify and defend Licensor and affiliated entities against claims arising from the Licensee's use, except to the extent a court finds a claim was caused solely by the Licensor's gross negligence or willful misconduct. The Licensee must carry workers' compensation and employers' liability insurance and commercial general liability coverage with a minimum of $2,000,000 per occurrence and aggregate limits; Licensor must be listed as certificate holder and be named as an additional insured.

Several standard contractual provisions appear: the agreement is governed by the laws of Utah; it contains integration, waiver, remedies and attorneys' fees clauses; it prohibits assignment by the Licensee without Licensor consent and forbids recording the agreement or any memorandum of it. Exhibits A and B are attached to depict the Licensor's property and the specific License Area.

The draft includes signature blocks for an authorized agent of the Church and for Clarkston Town, but the transcripted copy contains no completed signatures. If put into effect, the license would expand local recreational access subject to the church's retained control and the contract's insurance, indemnity and restoration conditions.