HomeMy WebLinkAbout6.i. Amendment to DCTC Soccer Facility License AgreementI#DOSEMOUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Reqular Meetinq: Julv 20, 2010
AGENDA ITEM: Amendment to DCTC Soccer Facility
AGENDA SECTION:
License Agreement
Consent
PREPARED BY: Dan Schultz, Parks and Recreation
AGENDA NO.
Director'
ATTACHMENTS: Amendment to License Agreement
APPROVED BY: DAJ
RECOMMENDED ACTION: Motion to approve the attached amendment to the 2008
License Agreement with DCTC and authorize the Mayor and City Clerk to execute the
amendment.
ISSUE
In 2008, the City provided $450,000 to assist with the development of three soccer fields on the DCTC
campus. The City currently coordinates the use and maintains the fields. There is still $103.225.11
remaining in the account following the first phase of the project which was developing the fields for
standard play similar to other park settings.
We are now looking to develop the second phase of the project which is to add lights to the championship
field. The total cost of the lights is $134,200. City staff proposes using our remaining $103,225.11 to pay
for a portion of the lights and DCTC would pay the remaining $30,974.89. The City would be the
majority owner and would collect a majority of the fees for using the lights and would also be responsible
for a majority of the maintenance. The lights that are being proposed for installation are of high quality
because of their energy efficiency, reduced light spillage and long lasting bulbs.
BACKGROUND
On January 15, 2008, the City Council approved a Letter of Understanding (LOU) between the City of
Rosemount and the Minnesota State Colleges and Universities (MnSCU) for the Funding of the Design
and Construction of Soccer Fields at Dakota County Technical College (DCTC). The LOU identified the
City's intent to contribute $450,000 towards the construction of the project. The LOU also identified that
there are other agreements that must be worked out prior to the City releasing the funds.
In May of 2008, the City signed a License Agreement with DCTC to build the three field soccer complex.
The soccer fields were built in the summer of 2008 and opened to the public in the spring of 2010.
SUMMARY
Staff is recommending the City Council approve the attached amendment to the License Agreement and
authorize the Mayor and Clerk to execute the Amendment Agreement.
AMENDMENT TO LICENSE AGREEMENT
FOR SOCCER FIELDS
DAKOTA COUNTY TECHNICAL COLLEGE
This Amendment is made as of the day of , 2010, by and between
the City of Rosemount, a municipal corporation under the laws of the state of Minnesota (the
"City "), and the State of Minnesota, by and through the Board of Trustees of Minnesota State
Colleges and Universities on behalf of Dakota County Technical College ( "DCTC ").
WHEREAS, DCTC and City are parties to an agreement dated June 28, 2008, entitled
LICENSE AGREEMENT FOR SOCCER FIELDS DAKOTA COUNTY TECHNICAL
COLLEGE (the "Agreement "), providing for the construction and operation of three soccer
fields on the Premises as described in the Agreement; and
WHEREAS, work on the soccer fields is essentially completed and DCTC is holding
funds of the City that were provided to DCTC under the Agreement but that were not needed to
complete the construction of improvements of the soccer fields under the Agreement (hereinafter
referred to as the "Unexpended City Funds "); and
WHEREAS, the City is willing to allow use of the Unexpended City Funds for the
construction of a soccer field lighting project for one of the soccer fields on the Premises and
DCTC is willing to provide additional funding, construct, operate, and maintain such lighting
(hereinafter referred to as the "Lighting Project "), all on the terms and conditions hereinafter set
forth.
NOW, THEREFORE, on the basis of the premises and the mutual covenants hereinafter
contained, the City and DCTC agree as follows:
1. Except as explicitly modified herein, the Agreement shall remain in full force and effect.
2. DCTC may apply the Unexpended City Funds up to $103,225.11 for the purchase and
construction of the Lighting Project.
3. DCTC will create design and specifications for the Lighting Project, solicit and receive
quotes or bids in accordance with the legal requirements applicable to DCTC contracting,
and contract for the installation of the Lighting Project. The Lighting Project will consist
of four light pole foundations, light poles, light fixtures, and all associated wiring and
electrical equipment. Electricity for the Lighting Project will be separately metered.
4. The City shall own 75% of the Lighting Project and DCTC shall own 25 %. DCTC's
contribution shall include the cost for design.
5. Upon completion of the Lighting Project, the City shall be responsible for maintenance
and repair of the Lighting Project. The City and DCTC will share in the costs of such
maintenance and repair based on percentage of ownership (75% City, 25% DCTC).
369877v2 CLL RS215 -7
6. Three of the four light poles and their associated fixtures, foundations, wiring and
electrical equipment owned by the City will be specified by DCTC in writing.
7. All entities using the soccer field lights shall pay a lighting fee in the amount of $45.00
per hour, or such greater or lesser amount as may be agreed to by DCTC and the City.
The fees paid for using the lights will be collected by the City. Funds received by the
City for lighting fees shall be applied first to the cost of electricity expenses incurred by
DCTC. Remaining funds received as lighting fees shall be divided 75% to the City and
25% to DCTC, and shall be applied toward the cost of maintenance and repairs. DCTC
will be paid its portion of the fees on an monthly basis.
8. Upon the termination or expiration of the Agreement, the City shall, within 90 days,
reclaim and salvage the light fixtures, light poles, foundations, wiring and electrical
equipment of that part of the Lighting Project.
9. Paragraph 7c "Facility Play Lighting" of the Agreement is rescinded.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized agents, have
executed this Amendment as of the day and date first above written.
CITY: CITY OF ROSEMOUNT DCTC: STATE OF MINNESOTA, BY AND
THROUGH THE BOARD OF TRUSTEES OF-
MINNESOTA STATE COLLEGES AND
UNIVERSITIES ON BEHALF OF DAKOTA
COUNTY TECHNICAL COLLEGE
By: By:
William H. Droste Ronald Thomas
Its: Mayor Its: President
Dakota County Technical College
Date: Date:
Approved as to form and execution: Approved as to form and execution:
City Attorney
Title:
Date:
Attest:
Amy Domeier, City Clerk
369877v2 CLL RS215 -7 2