Loading...
HomeMy WebLinkAbout6.n. Amendment to DCTC Soccer Facility License AgreementS3 ROSEMOUNT CITY COUNCIL City Council Regular Meeting: July 6, 2010 EXECUTIVE SUMMARY AGENDA ITEM: Amendment to DCTC Soccer Facility AGENDA SECTION: License Agreement Consent PREPARED BY: Dan Schultz, Parks and Recreation AGENDA NO. Director / t ATTACHMENTS: Amendment to License Agreement APPROVED BY: 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. Jr r 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: I 1. Except as explicitly modified herein, the Agreement shall remain in full force and effect. 2. DCTC may apply the Unexpended City Funds 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. f 4. 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). 5. 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. 369877Q CLL RS215 -7 I k 6. r 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. DCTC will be paid its portion of the fees on an annual,basis no later than December 15 of each year. 7. Upon the termination 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 that is owned by the City. Any equipmeanot removed after the 90 days will become the property of DCTC. 8. 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 MINNESY OTA, BY AND THROUGH THE BOARD OF TRUSTEES OF MINNESOTA STATE COLLEGES AND UNIVERSITIES ON BEHALF OF DAKOTA COUNTY TECHNICAL COLLEGE 4 By: William H. Droste Its: Mayor Date: 1 Ronald Thomas Its: President Dakota County Technical'College 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 I