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HomeMy WebLinkAbout6.j. Amendment and Restated Ballfield Use Agreement - DCTC4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Special Meeting: August 4, 2014 AGENDA ITEM: Amendment and Restated Ballfield Use AGENDA SECTION: Agreement - DCTC Consent PREPARED BY: Dan Schultz, Parks and Recreation AGENDA NO. Director ATTACHMENTS: Proposed Amendment and Restated Ballfield Use Agreement APPROVED BY: RECOMMENDED ACTION: Motion to approve the Amendment and Restated 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. In January of 2014, the City Council approved a Ballfield Use Agreement for DCTC to use the one of the fields during off peak times. In return for the use of the field, DCTC has offered 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. Since the initial request, DCTC has also requested permission to install and maintain dugout improvements, bleachers, baseline fencing, bullpens, a storage shed and signage. The City Attorney has created an Amendment and Restated Ballfield Use Agreement that would allow for the college to install the previously mentioned improvements. The agreement would be in place for 10 years and the improvements would be available to all park users. SUMMARY Staff is recommending the City Council consider approving the attached Amendment and Restated Ball Use 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 dugout improvements, bleachers, baseline fencing, bullpens, a storage shed and signage. AMENDED AND RESTATED 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 ") and supersedes and replaces the BALLFIELD USE AGREEMENT between the parties dated 52014. 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. 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 30a' of each year. In addition to these times, DCTC may have exclusive use of the Ballfield for DCTC softball games on a schedule to be determined as follows. Each year commencing in 2015, DCTC will provide a proposed, written game schedule to the City's Director of Parks and Recreation on or before January 1st. The Director will approve or disapprove proposed scheduled dates by February 1St and will work with DCTC to reschedule games from dates that are not approved to dates on which there are no conflicts for use of the Ballfield. 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. 435043v7 RS215 -7 Ballfield Equipment. A. City 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 other than the backstop and fencing. Any other equipment DCTC may require for its collegiate softball program at the Ballfield shall be provided by DCTC. B. Scoreboard and Flagpole. The City will permit DCTC to install a scoreboard and flagpole at the Ballfield and connect the scoreboard to the 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 flagpole and bear the risk of loss of, or damage to, the scoreboard and the flagpole. All costs associated with the installation, maintenance, repair, and replacement of the scoreboard and flagpole 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. C. Dugout Improvements. The City will permit DCTC to install improvements to the dugouts at the Ballfield, including fencing, fabric cover and windscreen, in accordance with plans approved by the City's Director of Parks and Recreation. Upon completion of such improvements and acceptance by the City, the fence improvements will become the property of the City. DCTC shall continue to own, and bear the risk of loss of, or damage to, the fabric cover and windscreen. All costs associated with the installation, maintenance, repair and replacement of the fencing, fabric cover and windscreen will be paid for by DCTC. DCTC will allow other users of the Ballfield to use the fabric cover and windscreen and, for that purpose, will leave the fabric cover and windscreen in place from April 1St to August 31 St each year. D. Bleachers. The City will permit DCTC to install bleachers at the Ballfield, in accordance with plans approved by the City's Director of Parks and Recreation. All costs associated with the installation, maintenance, repair, and replacement of the bleachers will be paid for by DCTC. DCTC will allow other users of the Ballfield to use the bleachers. E. Baseline Improvements. The City will permit DCTC to install two bullpens and baseline fencing ( "baseline improvements ") along the third baseline and along the first baseline. Upon completion of the baseline improvements and acceptance by 4350430 RS215 -7 2 the City, they will become the property of the City and the City will be responsible for maintenance. DCTC shall pay all costs associated with the installation of the baseline improvements. F. Shed. The City will permit DCTC to install a temporary 10x10 foot shed on the Ballfield site, in accordance with plans approved by the City's Director of Parks and Recreation. DCTC will pay all costs associated with the installation, maintenance, repair and replacement of the shed. DCTC shall own the shed and shall remove it from the Ballfield site once the Agreement is terminated. G. Signage. The City will permit DCTC to install game day and seasonal signage on the Ballfield fencing, as approved by the City's Director of Parks and Recreation. DCTC will pay all costs associated with installation, repair and replacement of the signage. DCTC shall own the signage and shall remove it from the Ballfield fencing at the end of each season. 4. 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, flagpole, batting cage, bleachers, baseline improvements, shed and signage as necessary to keep them in good repair and operating condition. The City grants DCTC access to the Ballfield for maintenance of this property. 5. Payment. City permits DCTC to use the field at no cost as long as it allows other Ballfield users to use its scoreboard and batting cage. 6. Term and Termination. The term of this Agreement commences on August 1, 2014 and will continue until July 31, 2024. Either party may terminate this Agreement upon providing the other party with notice of no less than 30 days. Within 30 days of termination of this Agreement, DCTC will remove the shed, signage, bleachers, scoreboard and flagpole and improvements, their foundations and electrical connections and will restore the site as nearly as is practicable to its original grade and condition. Upon the effective date of termination, the City shall assume full control of and responsibility for the Ballfield and all rights of DCTC will be extinguished. 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. 435043v7 RS215 -7 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. 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: 435043v7 RS215 -7 4 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 4350430 RS215 -7 5