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HomeMy WebLinkAbout6.e. Ball Field Use Agreement - ISD #917 City Council Regular Meeting: February 21, 2023 E X E C U T I V E S U M M A R Y AGENDA ITEM: Ball Field Use Agreement - ISD #917 AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks and Recreation Director AGENDA NO. 6.e. ATTACHMENTS: Proposed Use Agreement APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve the Ball Field Use Agreement with ISD #917 BACKGROUND Independent School District (ISD) #917 owns property in Rosemount along Biscayne Avenue, just north of 145th Street and across from the National Guard maintenance facility. The site is home to the Alliance Education Center that includes a school, playground, small ball field, green space and parking areas. The Parks and Recreation Department has used ISD #917’s ball field area for the past several years to operate our evening youth t-ball program. City staff has again inquired about using the ball field for recreational programs that would take place in the evening hours during the months of June and July. Because the school has little or no evening activity, the site would provide space to accommodate the program. The ball field is located just northeast of the school building. The agreement identifies the City will pay $750 for the use of the field. The money collected by ISD #917 is to cover a portion of the contracted maintenance they have for their ball field area. Attached is an agreement that would allow the City to have limited access to the ball field on the ISD #917 – Alliance Education Center property. RECOMMENDATION Staff is recommending the City Council approve the Ball Field Use Agreement with ISD #917. 2 BALL FIELD USE AGREEMENT THIS AGREEMENT entered into this day of , 2023, is by and between Independent School District No. 917, a Minnesota independent school district (“School”), and the City of Rosemount, a Minnesota municipal corporation (“City”). RECITALS WHEREAS, School has a ball field located at 14300 Biscayne Ave. (“Ballfield”) that is suitable for the instruction of youth T-ball; WHEREAS, City’s park and recreation department provides youth T-ball instruction within the City; WHEREAS, it is in the best interests of the citizens of the City that City work cooperatively with School; WHEREAS, City desires to use, and School agrees to let City use, the School’s Ball field for the instruction of youth T-ball; 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 preamble and recitals are incorporated into and made a part of this Agreement. 2. Term and Extensions. The term of this Agreement commences on June 1, 2023 and will terminate on July 31, 2023, unless extended or earlier terminated by the mutual written consent of the parties. 3. Exclusive Use of the Ball field and Parking Lot. School permits City exclusive use of the Ballfield on Monday, Tuesday, Wednesday and Thursday evenings from 5:00 p.m. until 9:00 p.m. City is not required to use the Ball field each of the evenings. School will not schedule any other events on the Ball field while City has the exclusive use of the Ball field. School also permits City nonexclusive use of the parking lot at the Alliance Education Center during the same periods for use of persons using the Ball field. 4. Litter Removal. City will remove the litter and refuse generated during its use of the Ball field as described in this Agreement. 5. Ball field Equipment. School will provide City with the use of a pre-existing backstop at the Ballfield. School is not obligated to provide City with any equipment other than the aforementioned backstop. Any other equipment City may require for its instruction of T-ball at the Ball field shall be provided by City. 3 6. Maintenance of the Ball field. School will cut the Ball field in accordance with its normal lawn maintenance schedule and practices and School will otherwise maintain the Ball field in a reasonable condition for youth athletics. School will not apply chemicals to the Ball field without prior notice to City. 7. Payment. City will pay School one payment of $750 for School’s maintenance of the Ball field as set forth in this Agreement. 8. Negligence. Each party shall conduct its activities under this Agreement so as not to endanger any person or property on the Ball field. Each party is responsible for its own negligence. 9. Insurance. Each party agrees to maintain a policy of general liability insurance in the minimum amount of at least $1,000,000 per occurrence to protect it from any and all claims for injuries or damages occurred or incurred by virtue of the activities arising out of this Agreement. 10. No Waiver. Nothing in this Agreement shall be construed as a waiver by either party of the immunities set forth in Minnesota Statutes, Chapter 466. 11. Governing Law. This Agreement shall be interpreted in accordance with and be governed by the laws of the State of Minnesota. 12. 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. 13. 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. 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 15. 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. 16. 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. 4 17. 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: a. To City: Director, Parks and Recreation Department, City of Rosemount, 13885 South Robert Trail, Rosemount, MN 55068. b. To School: Superintendent, ISD 917, 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 INDEPENDENT SCHOOL DISTRICT NO. 917 By: Its Superintendent By: Its Board Chair