HomeMy WebLinkAbout6.g. Ballfield Use Agreement – ISD #9174ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: March 5, 2013
AGENDA ITEM: Ballfield Use Agreement - ISD #917
AGENDA SECTION:
Consent
PREPARED BY: Dan Schultz, Parks and Recreation
AGENDA NO.
Director
ATTACHMENTS: Proposed Use Agreement
APPROVED BY:
RECOMMENDED ACTION: Motion to approve the Ballfield Use Agreement with ISD #917.
ISSUE
Independent School District (ISD) #917 owns property in Rosemount along Biscayne Avenue, just north
of 145`'' Street and across from the National Guard maintenance facility. The site is home to the Alliance
Education Center that includes a school, playground, ballfield, green space and parking areas.
The Parks and Recreation Department used ISD #917's ballfield area in 2012 for our evening youth t -ball
program. City staff has again inquired about using the ballfield for recreational programs that would take
place in the evening hours during the months of June and July. Because the school has little or no evening
activities, the site would provide space to accommodate a growing program. The ballfield is located just
north of the school building and currently has a backstop, a grass infield and outfield with no ag -lime.
Because we intend to use the field for youth t -ball classes, we feel the lack of an ag -lime infield will not be
an issue. The agreement identifies the City will pay $500 for the use of the field. The money collected by
ISD #917 is to cover a portion of the contracted maintenance they have for their property.
SUMMARY
Attached is an agreement that would allow the City to have limited access to the ballfield on the ISD #917
— Alliance Education Center property.
Staff is recommending the City Council approve the Ballfield Use Agreement with ISD #917.
BALLFIELD USE AGREEMENT
THIS AGREEMENT entered into this day of , 2013, is by and between
Independent School District No. 917, a Minnesota independent school district ( "School "), and
the City of Rosemount, a Minnesota municipal corporation ( "City ").
RECITALS
WHEREAS, School has a Ballfield located at 14300 Biscayne Ave. (`Ballfield ") that is
suitable for the instruction of youth T -ball;
WHEREAS, City's park and recreation department provides youth T -ball instruction
within the City;
WHEREAS, it is in the best interests of the citizens of the City that City work
cooperatively with School;
WHEREAS, City desires to use, and School agrees to let City use, the School's Ballfield
for the instruction of youth T -ball; and
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual obligations of the
parties contained herein, each of them does hereby represent, covenant and agree with the other
as follows:
1. Recitals. The above set -forth preamble and recitals are incorporated into and made a part
of this Agreement.
2. Term and Extensions. The term of this Agreement commences on June 1, 2013 and will
terminate on July 31, 2013, unless extended or earlier terminated by the mutual written consent
of the parties.
3. Exclusive Use of the Ballfield and Parking Lot. School permits City exclusive use of the
Ballfield on Monday, Tuesday, Wednesday and Thursday evenings from 5:00 p.m. until 9:00
p.m. City is not required to use the Ballfield each of the evenings. School will not schedule any
other events on the Ballfield while City has the exclusive use of the Ballfield. School also
permits City nonexclusive use of the parking lot at the Alliance Education Center during the
same periods for use of persons using the Ballfield.
4. Litter Removal. City will remove the litter and refuse generated during its use of the
Ballfield as described in this Agreement.
5. Ballfield Equipment. School will provide City with the use of a pre- existing backstop at
the Ballfield. School is not obligated to provide City with any equipment other than the
aforementioned backstop. Any other equipment City may require for its instruction of T -ball at
the Ballfield shall be provided by City.
383097v2 RS215 -7
6. Maintenance of the Ballfield. School will cut the Ballfield in accordance with its normal
lawn maintenance schedule and practices and School will otherwise maintain the Ballfield in a
reasonable condition for youth athletics. School will not apply chemicals to the Ballfield without
prior notice to City.
7. Payment. City will pay School one payment of $500 for School's maintenance of the
Ballfield as set forth in this Agreement.
8. Negligence. Each party shall conduct its activities under this Agreement so as not to
endanger any person or property on the Ballfield. Each party is responsible for its own
negligence.
9. Insurance. Each party agrees to maintain a policy of general liability insurance in the
minimum amount of at least $1,000,000 per occurrence to protect it from any and all claims for
injuries or damages occurred or incurred by virtue of the activities arising out of this Agreement.
10. No Waiver. Nothing in this Agreement shall be construed as a waiver by either party of
the immunities set forth in Minnesota Statutes, Chapter 466.
11. Governing Law. This Agreement shall be interpreted in accordance with and be
governed by the laws of the State of Minnesota.
12. Cooperation. It is understood by the parties that other questions may arise during the
term of this Agreement. The parties pledge their cooperation to resolve any questions for the
public's benefit.
13. Compliance with Other Laws. The parties agree to and shall abide by, conform to and
comply with all of the laws, rules, and regulations of the United States, the State of Minnesota,
and the City including the Minnesota Government Data Practices Act, Minnesota Statutes,
Chapter 13.
14. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
15. Entire Agreement. This Agreement, any attached exhibits and any addenda or
amendments signed by the parties shall constitute the entire agreement between the City and
Owner and supersedes any other written or oral agreements between the City and Owner. This
Agreement can only be modified in writing signed by the City and the Owner.
16. Titles of Articles and Sections. Any titles of the several parts and sections of this
Agreement are inserted for convenience or reference only and shall be disregarded in construing and
interpreting any of its provisions.
383097v2 RS215 -7 2
17. Any notice, request, or other communication provided pursuant to this Agreement by a
party to the other party to this Agreement shall be sufficiently given or delivered if sent by first
class mail, postage prepaid, or delivered personally, as follows:
a. To City: Director, Parks and Recreation Department, City of Rosemount, 13885
South Robert Trail, Rosemount, MN 55068.
b. To School: Superintendent, ISD 917, 1300 145th Street East, Rosemount, MN 55068.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed in their behalf by their authorized representatives on or as of the date first above written.
CITY OF ROSEMOUNT, MINNESOTA
By:
Its Mayor
By:
Its Clerk
INDEPENDENT SCHOOL DISTRICT NO. 917
By:
Its Superintendent
By:
Its Board Chair
383097v2 RS215 -7 3