HomeMy WebLinkAbout6.o. Ballfield Use Agreement Amendment - DCTC
EXECUTIVE SUMMARY
City Council Regular Meeting: December 19, 2017
AGENDA ITEM: Ballfield Use Agreement Amendment -
DCTC
AGENDA SECTION:
Consent
PREPARED BY: Dan Schultz, Parks and Recreation
Director AGENDA NO. 6.o.
ATTACHMENTS: Proposed Use Amendment APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve the Amendment to the Amended and
Restated Ballfield Use Agreement with Dakota County Technical College (DCTC).
ISSUE
The City of Rosemount owns two softball/baseball fields that were 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 2012, the City agreed to allow DCTC to use one of the fields for their women’s fast pitch
softball program during hours that do not conflict with local youth programs.
In 2014, the City and DCTC amended the agreement to allow for the college to make some improvements
to the field they use that included dugout improvements, baseline fencing, bullpens, a storage shed and
signage.
In 2017, DCTC is requesting that additional improvements be made to one of the fields at the complex.
The college is requesting that concrete block dugouts and a large concrete bleacher pad be added to the
north field they use at the complex.
The City Attorney’s office has created a new amendment to the 2014 Amended and Restated Ballfield Use
Agreement that would allow for the City and our consultants to design the requested improvements and
for DCTC to pay the City for the cost of the design and the cost of the construction of the improvements
if they are made. 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 2017 Amendment to the
Amended and Restated Ballfield Use Agreement that would allow for the City and our consultants to
design the concrete block dugouts and a concrete bleacher pad and for DCTC to pay the City for the cost
of the design and the cost of the construction of the improvements, if they are made.
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AMENDMENT TO THE
AMENDED AND RESTATED BALLFIELD USE AGREEMENT
This Amendment to the Amended and Restated Ballfield Use Agreement (the
“Amendment”), dated this ___ day of _____________, 20__, is between Dakota County
Technical College, a Minnesota State College (“DCTC”), and the City of Rosemount, a
Minnesota municipal corporation (the “City”).
RECITALS
WHEREAS, on May 4, 2014, the parties executed an Amended and Restated Ballfield
Use Agreement, attached hereto as Exhibit A, whereby the City agreed to allow DCTC the use of
Field #1 of the UMore Ballfields, located at 14860 Akron Avenue, for collegiate softball
activities (the “2014 Agreement”); and
WHEREAS, although the 2014 Agreement provided terms and conditions relating to
various improvements to Field #1 (the “Ballfield”), the parties wish to now make additional
improvements to the Ballfield by constructing new dugouts and installing new bleacher pads (the
“2018 Improvements”); and
WHEREAS, the City wishes to facilitate and contract for the 2018 Improvements and
DCTC wishes to pay for the 2018 Improvements; and
WHEREAS, the Parties wish to amend the 2014 Agreement to provide for additional
terms and conditions that will govern the design, construction, installation, payment, and
maintenance of the 2018 Improvements.
NOW, THEREFORE, in consideration of the additional promises and mutual
obligations of the parties hereto, each of them does hereby covenant and agree with the other as
follows:
AMENDMENT
Section 1. For the sole purpose of clarifying the intent of the parties, the first recital
contained in the 2014 Agreement is hereby amended by adding the double-underlined language
and removing the stricken language as follows:
WHEREAS, City has a ballfieldowns the UMore Ballfields, located at
14860 Akron Avenue, which include UMore Field #1, the northernmost field,
which (“Ballfield”) that is suitable for college softball play (Field #1 shall be
referred to herein as the “Ballfield”);
Section 2. Subsection 3(C) of the 2014 Agreement is hereby amended by adding the
double-underlined language and removing the stricken language as follows:
3. Ballfield Equipment.
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C. 2018 Ballfield Improvements. Between December 20, 2017 and
March 20, 2018, the City shall facilitate the design of new dugouts
and bleacher pads for the Ballfield (the “2018 Improvements”) in
accordance with plans and specifications that are preapproved by
both the City’s Director of Parks and Recreation and DCTC’s
Director of Student Life. The City shall individually contract with
any necessary third parties for all phases of the 2018
Improvements, which shall be constructed between August 1, 2018
and November 1, 2018.. DCTC agrees to pay for 100% of the costs
and expenses related to the 2018 Improvements, including, but not
limited to, architectural/design costs, construction costs, and
installation costs. As such, prior to the City entering into any third
party contract for any portion of the 2018 Improvements, DCTC
shall provide the City with 100% of the funding necessary for said
contract in order for that portion of the project to be completed.
Should DCTC fail to provide the City with the funding necessary
to complete any phase or portion of the 2018 Improvements within
30 days of the City’s request thereof, the City’s obligation
hereunder to facilitate and complete the 2018 Improvements shall
immediately extinguish. If it is later determined that any portion of
the 2018 Improvements costs the City less than the amount
originally provided by DCTC for said portion, the City shall
promptly refund DCTC for the difference. All of the 2018
Improvements shall remain property of the City at all times,
appurtenant to the City’s UMore Ballfields, and all users of the
Ballfield, including DCTC, shall enjoy the privilege of their use.
The City shall be responsible for all ongoing maintenance, repair,
and replacement of the new dugouts and bleacher pads. However,
during the entire term of the Agreement, DCTC shall provide
bleachers and be responsible for all reasonably necessary
maintenance, repair, and replacement of the bleachers.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 31st each year.
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Section 3. All other terms and conditions contained in the 2014 Agreement shall remain
unchanged and in full force and effect until expiration of the 2014 Agreement on July 31, 2024.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed in their behalf by their authorized representatives on or as of the date first written
above.
CITY OF ROSEMOUNT, MINNESOTA
By: ______________________________
Its: Mayor
By: ______________________________
Its: Clerk
DAKOTA COUNTY TECHNICAL COLLEGE
By: ______________________________
Its: ______________________________
By: ______________________________
Its: ______________________________
EXHIBIT A