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