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Home My WebLink About6.e. Ballfield Use Agreement – DCTC 4 ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: January 21, 2014 AGENDA ITEM: Ballfield Use Agreement - DCTC AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks and Recreation AGENDA NO. ( , Director ATTACHMENTS: Proposed Use Agreement APPROVED BY: OW- 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 allow DCTC to use, the City's Ballfield for DCTC's 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 recitals are incorporated into and made a part of this Agreement. 2. Term and Termination. The term of this Agreement commences on January 21, 2014 and will continue until terminated. DCTC may remove its scoreboard at any time, whereupon this Agreement shall be terminated. The City may terminate this Agreement on 30 days' notice upon breach of this Agreement by DCTC and on 180 days' notice for any other reason. Within 30 days of termination of this Agreement, DCTC will remove the scoreboard, its foundations and electrical connections and will restore the site as nearly as is practicable to its original grade and condition. 3. 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. 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. DCTC is not required to use the Ballfield during these periods. City will not schedule any other events on the Ballfield while DCTC 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. 4. Ballfield Equipment. City will provide DCTC with the use of the existing backstop, fencing and bases at the Ballfield. City is not obligated to provide DCTC with any equipment 435043v2 RS215-7 1 other than the backstop, fencing and bases. 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 scoreboard at the Ballfield and connect it to electrical service on the site, in accordance with plans approved by the City's Director of Parks and Recreation. DCTC shall continue to own the scoreboard and bear the risk of loss of, or damage to, the scoreboard. All costs associated with the installation, maintenance, repair, and replacement of the scoreboard will be paid for by DCTC. The City will pay for the electricity needed operate the scoreboard once it has been installed. DCTC will allow other users of the Ballfield to use the scoreboard. DCTC will lend one wireless remote controller to the City for use by City's guests and invitees. The City will use reasonable efforts to safeguard the controller, but the risk of loss, theft, or damage to the controller will remain with DCTC. 5. Maintenance of the Ballfield and Equipment. City will mow 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 maintain, repair and replace the scoreboard and remote scoreboard controller as necessary to keep it in good repair and operating condition. 6. Payment. City permits DCTC to use the field at no cost as long as it allows other Ballfield users to use its scoreboard. 7. 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. 8. Indemnification and Insurance. Each party will be responsible for damages caused by the acts, errors and omissions of its officers, agents and employees and will indemnify the other party for claims arising out of the acts, errors or omissions of the officers, agents and employees of the indemnifying party. Each party agrees to maintain a policy of general liability insurance in the minimum amount of at least $1,500,000 per occurrence to protect it from any and all claims for injuries or damages resulting from activities arising out of this Agreement. 9. No Waiver. Nothing in this Agreement shall be construed as a waiver by either party of the immunities or limitations on liability set forth in Minnesota Statutes, Chapter 466. 10. Governing Law. This Agreement shall be interpreted in accordance with and be governed by the laws of the State of Minnesota. 11. 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. 12. 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. 435043v2 RS215-7 2 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 14. 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. 15. 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. 16. 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: Its Mayor By: Its Clerk DAKOTA COUNTY TECHNICAL COLLGE By: TBD By: TBD 435043v2 RS215-7 3