HomeMy WebLinkAbout6.l. Ballfield Use Agreement – DCTC ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: January 7, 2014
AGENDA ITEM: Ballfield Use Agreement - DCTC AGENDA SECTION:
Consent
PREPARED BY: Dan Schultz, Parks and Recreation AGENDA NO. W IA I
Director
ATTACHMENTS: Proposed Use Agreement APPROVED BY:
, a)
RECOMMENDED ACTION: Motion to approve the Ballfield Use Agreement with Dakota
County Technical College (DCTC).
ISSUE
The City of Rosemount owns two softball/baseball fields that were recently constructed just south of the
Ames Soccer Complex. The land was pre-dedicated to the City of Rosemount by the University of
Minnesota. The two fields were built to accommodate youth/high school and collegiate fast pitch softball
and youth baseball. The City has been approached by representatives from Dakota County Technical
College (DCTC) regarding the use of one of the fields for their women's fast pitch softball program.
DCTC is requesting to use the field during off peak times from the City's main user groups and DCTC is
offering to install an electronic scoreboard that all users of the field will have access to. The installation
and maintenance of the scoreboard would be the responsibility of DCTC. The City would cover the cost
of the electricity to operate the scoreboard.
SUMMARY
Staff is recommending the City Council consider approving the attached agreement that would allow
DCTC to use one of the UMore Ballfields for their women's fast pitch softball program and to also allow
DCTC to install an electronic scoreboard on the City's property.
BALLFIELD USE AGREEMENT
THIS AGREEMENT entered into this day of , 2014, is by and between
Dakota County Technical College (DCTC), a Minnesota State College ("DCTC"), and the City
of Rosemount, a Minnesota municipal corporation("City").
RECITALS
WHEREAS, City has a ballfield located at 14860 Akron Avenue (Ballfield") that is
suitable for college softball play;
WHEREAS, DCTC provides a collegiate softball program;
WHEREAS, it is in the best interests of the citizens of the City that City work
cooperatively with DCTC;
WHEREAS, DCTC desires to use, and City agrees to let DCTC use, the City's Ballfield
for their college softball program; 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 January 7, 2014 and
will terminate on January 7, 2015, unless extended or earlier terminated by the mutual written
consent of the parties. Exclusive Use of the Ballfield and Parking Lot. City permits DCTC
exclusive use of the Ballfield on Monday thru Friday afternoons from 12:30 p.m. until 3:30 p.m.
starting when the City fields open in the spring until May 17, 2014. DCTC is not required to use
the Ballfield each of the afternoons. Games will be scheduled on April 5, 2014 from 11:30am —
6:00pm, April 18, 2014 from 10:30am — 5:00pm, April 19, 2014 from 11:30am - 6:00pm and
April 29, 2014 from 2:30pm— 6:30pm. City will not schedule any other events on the Ballfield
while College has the exclusive use of the Ballfield. City also permits DCTC nonexclusive use of
the parking lot at the Ballfield site during the same periods for use of persons using the Ballfield.
3. Ballfield Equipment. City will provide DCTC with the use of a pre-existing backstop,
fencing and bases at the Ballfield. City is not obligated to provide DCTC with any equipment
other than the aforementioned backstop, bases and fencing. Any other equipment DCTC may
require for its collegiate softball program at the Ballfield shall be provided by DCTC. The City
will permit DCTC to install a score board at the Ballfield. All costs associated with the
installation of the score board will be paid for by DCTC. The City will pay for the electricity
needed operate the score board once it has been installed. DCTC will allow other users of the
Ballfield to use the score board.
383097v2 RS215-7 1
4. Maintenance of the Ballfield. City will cut the Ballfield in accordance with its normal
lawn maintenance schedule and practices and City will otherwise maintain the Ballfield in a
reasonable condition for community athletics. DCTC will provide all maintenance for the
scoreboard.
5. Payment. City permits DCTC to use the field at no cost as long as they allow other
Ballfield users to use their scoreboard.
6. 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.
7. 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.
8. 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.
9. Governing Law. This Agreement shall be interpreted in accordance with and be
governed by the laws of the State of Minnesota.
10. 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.
11. 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.
12. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
13. Entire Agreement. This Agreement, any attached exhibits and any addenda or
amendments signed by the parties shall constitute the entire agreement between the DCTC and
the City and supersedes any other written or oral agreements between the DCTC and the City.
This Agreement can only be modified in writing signed by DCTC and the City.
14. 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
15. 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: Athletics Coordinator, DCTC, 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:
Mayor
By:
Clerk
DAKOTA COUNTY TECHNICAL COLLGE
By:
TBD
By:
TBD
383097v2 RS215-7 3