IV.5. Approve Central Park Use Agreement; StadlerG�TY pF
Februa 14, 2018 y° P K�� S Council Re ort 2018-018
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Approve Central Park Use Agreement
Proposed Action.
Staff recommends adoption of the following motion: Move that Council ap�rove an
agreement between the City of Hopkins and Hopkins Fastpitch Association regardin�
the use of Central Park.
Ove rv i ew.
Hopkins Fastpitch Association (HFA) is a 501(c)(3) girls youth fastpitch softball
organization. They have historically used fields within the City of Minnetonka at
Hopkins High School, West Jr. High School, North Junior High and at the City park at
Gilliarn Fields. Scheduling has become a problem with the School District fields.
Therefore, the Association is pursuing options for community—based home fields rather
than continue to rely on School District fields. HFA stated that their association was
successful and growing, is a feeder program for the Hopkins High School team. They
preferred to find a home field/park in Hopkins, if possible. They have met with City staff,
Joint Recreation Dep#. staf� and the Hopkins Par� �oard and vve have negotiated
mutually agreeable terms for their use of Central Park ballfields. The Park Board is
satisfied that this park can accommodate HFA's needs without sacrificing other
community uses/needs. The HFA use of the ballfields would be predominantly on
select weekend days June — September when there has, historically, been no other field
use/reservations. Raspberry Festival related uses of the park have been protected as
well as other major park users. The proposed use agreement was reviewed and
approved by the City Attorney. Staff requests approval of the proposed 5-year Central
_ Park-Use Agreement. _ _ _ _ ___ __ _ _- - __ _ ____ _ _. _ ____ --
Primarv Issues to Consider.
• Agreement terms and conditions
Supporting Information.
• Hopkins Central Park Use Agreement
• Centra ark aerial photo
�
� .
Steven J. Stadler
Public Works Director �
Financial Impact: Y Budgeted: Y/N N Sources: Projected 7 500 revenue per
year �
Council Report 2018-018
Page 2
Analvsis of Issues
Agreement terms and conditions
• Duration: 5 years with either party able to terminate with 30-day notice
• Usage & field fees: HFA has daytime use of the three ballfields on the 1St, 3rd
and 4t" weekends in June, 2nd and 4t" weekends in July, and Sundays only on the
weekends of August through the first weekend of October. Field use fees would
be in accordance with the City's athletic field use fee schedule and would equate
to $33/hour for their use of all three Central Park fields. The anticipated annual
revenue is $7,500.
• Field maintenance: HFA is responsible for all field maintenance other than turf
mowing, including set-up and take-down/restoration of any necessary field
mod ifications.
• P�rkin� All area parking is available to HFA but the City has the right to restrict
parking, as needed, to accommodate other functions. �
• City Indemnification: HFA must carry liability insurance and holds the City
harmless from any actions or claims resulting from HFA use of the park. HFA
agrees to pay for any damages resulting from their use of the park.
BALLFIELD USE AGREEMENT
THIS BALLFIELD USE AGREEMENT (the "Agreement"), effective as of this day
of , 2018, is between the city of Hopkins, a Minnesota municipal
corporation (the "City"), and the Hopkins Fastpitch Association, a Minnesota nonprofit
corporation (the "Association"). The City and the Association shall be collectively� referred to
herein as the "Parties."
WHEREAS, the City owns and operates Hopkins Central Park, located at 1 O l 16th Avenue
South, Hopkins, Minnesota 55343 (the "Park"), and the Park's three softball iields (the
"Ballfields); and
WHEREAS, the Park is intended to serve the residents of the City, employees of �
businesses within the City, and other activities associated with the City or local community groups;
and
WHEREAS, the Association desires to use the Ballfields for its youth fast pitch softball
activities; and
WHEREAS, the City vvishes to allow the Association to use the Ballfields in accordance
vvith the te�s and conditions s�t fo�h herein.
NOW, THEREFORE, the Parties, in consideration of the representations, covenants and
agreements set forth herein, represent, covenant and agree as follows :
AGREEMENT
l. Use of Ballfields. The City hereby agrees to permit the Association the exclusive use of
- - - - -the-Ballfields on the following-dates throughout the term-of this -Agreement:-- ---- _ - ___ _ - ___ ___
a) For use during each of the Association's summer seasons, on both Saturday and Sunday of
the first, third and fourth weekends in June, and on both Saturday and Sunday of the second
and fourth weekends in July.
b) For use during each of the Association's fall seasons, on Sundays only beginning with the
Sunday that follows the second Saturday in August through the Sunday that follows the
first Saturday in October.
c) Notwithstanding any of the terms contained herein, the City reserves the right of first
priority use of the Ballfields during its annual Raspberry Festival held in July of each year.
The Association may also reserve the Ballfields for weekday use only if there are no conflicting
reservations or programming and in the sole discretion of City staff. The City will not accept
weekday reservations from the Association more than one week in advance of the requested
weekday dates.
2. Notice Required. On or before March 15 of each year, the Association shall provide the
City a written schedule for all dates of its requested use of the Ballfields during its upcoming
softball seasons (summer and fall), including those expressly provided for above. If the
Association fails to provide the written notice required hereunder, there is no guarantee of
exclusive use on the dates contained in this Agreement. Furthermore, additional dates may be
requested after March 15th but will not receive priority status. The City will not schedule any other
events on the Ballfields if and when the Association has been granted the exclusive use thereof.
3. Parkin�. The Association and its members may use the parking lots located at the Park
during all Association events; provided, however, that the City retains the right to restrict parking
in certain parking areas in order to accor�lmodate other events, programming, or activities at the
Park or at other nearby City facilities.
4. T. erm. The term of this Agreement shall be for a total of five (5) softball seasons (including
both summer and fall), beginning with the 2018 season and ending after the 2022 season. For
purposes of this Agreement, each fast pitch softball season begins each year on the first Saturday
in June and ends after the first full weekend in October. Accordingly, this Agreement shall
terminate following the 2022 softball seas.on. Either party, however, may terminate this
Agreement for any reason upon providing 3 0 days' written notice to the other party.
5. Hours. The Association's use of the Ballfields shall be limited to between the hours of
8:00 a.m. and 6:00 p.m. on weekends, and between 4:00 p.m. and 9:00 p.m. on weekdays.
6. Park Fees; Billin�. The Association shall pay the field use fees contained on Exhibit A,
attached hereto, the Hopkins Athletic Field Use Fees, Category A. These fees may be adjusted
during the term of this Agreement, provided that the adjustment is based on a general review and
revision by the cities of Minnetonka and Hopkins through their respective park boards and/or city
councils. The City will provide the Association With monthly invoices that shall be paid within
3 0 days of the-invoice date. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .
7. Field l�aintenance; Stora�e.
a) The City agrees to provide all ongoing turf maintenance for the Ballfields, including
mowing and fertilization, in accordance With its normal lawn maintenance schedule. The
City further agrees to provide space for three temporary storage bins for the Association to
store its equipment, if desired, although said storage bins shall be removed from the Park
on or before October 10 of each calendar year and may not be reestablished until the
following spring. The size and location of the temporary storage bins shall be subj ect to
City approval.
b) The Association is authorized to construct a permanent storage building at the Park for its
equipment that shall not exceed 100 square feet in size; provided, however, that the location
and design of said storage building shall be subj ect to City approval.
c) During its use of the Balliields, and to the extent it desires, the Association shall be
responsible for (1) all grooming of the infield surfaces, (2) a11 chalking of the Ballfield
2
lines, and (3) the removal of any equipment from the Ballfields, such as soccer goals, if
said equipment would otherwise obstruct the Association's ability to conduct game play.
In the event that the Association moves any equipment from one or more of the Ballfields
pursuant to this provision, it shall promptly replace said equipment to its original location
ir�lm.ediately following the Association's use of the Ballfields.
8. Field Modifications.
a) Any temporary modifications made to the Ballfields by the Association for youth fast pitch
play shall be immediately removed, after each Association use and said Ballfields shall be
promptly restored to their preexisting condition. Temporary modifications that require said
restoration shall include, but not be limited to, base path lengths, pitching mound locations,
temporary out�eld fencing, and any other modifications unique to youth fast pitch softball.
b) On or before June l,_ 2018, the Association agrees to permanently extend the height of the
player-area fencing around Field #3 to a height of approximately 74 inches for the purpose
of player safety. The Association may also install temporary outfield fencing on Field #3,
subject to compliance with paragraph 8(a) of this Agreement. The Association agrees not
to install fencing, whether permanent or temporary, that damages or could damage the field
irrigation system or other underground facilities at the Park. All fencing improvements,
i�cluding ihe design ai�d i�siall�.iion method thereof, s�iall b� subj eci �o the �eview and
approval of City staff.
9. Cancellations. In the case of inclement weather or unfavorable field conditions, the City
shall retain the right, in its sole discretion, to determine whether the Ballfields are playable and
may cancel any of the Association's scheduled events. The City shall not be in any way liable to
the Association if the Park becomes unavailable for use due to weather or unfavorable field
conditions.
_ _ _ . _ _._ __ _ _ __-
10. Food/Concessions. The Association may provide a food truck or mobile concession stand
at the Park for use during Association events, subj ect, however, to strict compliance with Section
600 of the Hopkins C1ty Code and any other applicable laws and regulations. The Association
may also sell non-alcoholic beverages and snacks during Association events for the purpose of
fundraising.
11. Coachi�� and Supervision. During all Association events at the Park, the Association
shall be solely responsible for providing all coaching and supervision of the Association members,
participants, players, parents, coaches, and volunteers. The Association shall also be solely
responsible for ensuring that all members, participants, players, parents, coaches, and volunteers
follow any and all applicable rules, regulations, policies and procedures established by the City,
as we11 as any laws, ordinances, or other regulations. The Association shall also have an on-site
tournament director or co-director present at the Park at all times during Association tournaments
or games.
12. Participant Waivers. Prior to using the Park during Association events, the Association
shall obtain written waiver forms from each participant, including from a parent and/or guardian
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of all participants under the age of 18, in a manner and form satisfactory to the City. Said waiver
shall make clear that the City is not responsible for any inj uries arising out of use of the �Park under
this Agreement. �
13. Com�liance with Re�ulations and Laws. For the duration of this Agreement, the
Association agrees to abide by any and all applicable rules, regulations, policies and procedures
established by the City, as we11 as all other applicable laws, ordinances, and regulations.
14. Indemnification. The Association agrees to release, indemnify, and hold harmless the
City from any and all claims, demands, suits, actions, or liabilities resulting from injuries or death
to any person, or damage or loss of any property, arising from or alleged to arise from the
Association's use of the Park pursuant to this Agreement. Each party agrees to accept full
responsibility for its own negligence and actions. Nothing contained in this Agreement shall be
construed as a limitation on or waiver of any immunities or limitations on liability otherwise
available to the City under law.
15. Insurance. Prior to using the Park and throughout the entire term of this Agreement, the
Association must furnish the City with a Certificate of Liability Insurance in the amount of the
maximum liability limits for municipalities as set forth in Minnesota Statutes, Section 466.04 and
any amendments thereto. The Certificate of Liability Insurance must name the City as an
additional insured. As of the date of this Agreement, the applicable maximum liability limits are
$500,000 per person and $1,500,000 per occurrence.
16. Compensation for Dama�es. The Association agrees to reimburse the City for any and
all damages to the Park resulting from the Association's use of the Park. If it is established that
any portion of the Park, or the Park's surrounding landscapes or parking lots, are damaged by the
� act or failure to act of the Association, its members, agents, or invitees during the term of this �
Agreement, the City shall charge the Association, and the Association agrees to pay the City, the
- - - - - - - sum -necessary-to restore the premises back to its pre-damaged condition:- - - - - - - - - - -
17. Representations. The Association is an organization described in Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended (the "Code"), exempt from the payment of federal
income taxes under Section 501(a) of the Code. During the entire term of this Agreement, the
Association agrees to maintain its status as an organization described in Section 501(c)(3) of the
Code and no revenues derived from its use of any portion of the Park shall constitute "unrelated
business income" within the meaning of Section S 13(a) of the Code.
18. Default b_y the Association. In the event of a default by the Association of any of the
terms, conditions, or requirements contained herein, the City may deliver written notice of such
default to the Association at the address provided herein. If the default specified in the notice is
not cured by the Association within fifteen (15) days following the City's notification of the sarne,
the City may immediately terminate this Agreement, seek damages and seek any other relief
available at law or in equity.
19. Promotional Activit_y. The Association may not conduct any promotional activities at the
Park, other than what is otherwise expressly allowed hereunder, and may not advertise any event
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to be conducted at the Park without the prior written approval of the City.
20. Notices. Any notices permitted or required by this Agreement shall be deemed given when
emailed, personally delivered, or upon deposit in the United States mail and addressed to:
If to the City: City of Hopkins
� 11100 Excelsior Boulevard
Hopkins, l�IN 5 5 3 43
Attn: Jay Strachota
Email: j strachota��hopkinsmn.com
Phone: 952-548-6372
If to the Association: Hopkins Fastpitch Association
12808 Jorissen Road
Minnetonka, l�'IN 5 5 3 43
Attn: John Kuhl
Email: johnk��moscoe.com
Phone: 952-270-7681 �
21. 1lTo�-Assi���ent. �his Agreeme�t sha11 not be ass�gned by either party �vithou�i the p�ior
written consent of the other party.
22. Relationship of the Parties. Nothing in this Agreement shall constitute or cause the
Parties to have created a partnership, j oint venture or agency relationship.
23. Modifications. Any modlfication of this Agreement or additional obligation assumed by k
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,
either party in connection ,with this Agreement shall be binding only if evidenced in a writing !
signed by each party or an authorized representation of each party. __ E
24. Governin� l�aw. This Agreement shall in all respects be governed by and interpreted
under the lavvs of the State of Minnesota.
25. Sever�.bilit_y. If any term, phrase, obligation or provision of this Agreement shall be held
to be invalid, illegal or unenforceable in any respect, the rest of the Agreement sha11 remain in
effect and be construed without regard to such term, phrase, obligation or provision.
26. Data Practices; Audits. Data provided, produced or obtained under this Agreement shall
be administered in accordance with the Minnesota Governlnent Data Practices Act, Minnesota
Statutes Chapter 13. The Association will immediately report to the City any requests from third
parties for information relating to this Agreement. The Association agrees to promptly respond to
inquiries from the City concerning data requests. Additionally, the books, records, documents and
accounting procedures of the Association relevant to this Agreement are subj ect to examination
by the City, and either the legislative or State Auditor as appropriate, pursuant to Minnesota Statute
Section 16C.05, subdivision 5.
5
27. Waiver. No waiver of a breach of any of the obligations contained in the Agreement shall
be construed to be a waiver of any prior or succeeding breach of the same obligation or of any
other obligation of this Agreement.
28. Entire A�reement. This Agreement shall constitute the entire agreement between the
Parties regarding use of the Park by the Association. Any prior understanding or representation
regarding use of the Park preceding the date of this Agreement shall not be binding upon either
Party except to the extent incorporated in this Agreement.
(The remainder of this page is intentionally left blank)
C'�
IN �1VITNESS WHEREOF, the undersigned Parties have executed this Ballfield Use
Agreement as of the date and year first written above.
CITY OF HOPKINS, MINNESOTA
By•
Its : Mayor
By•
Its : City Manager
HOPKINS FASTPITCH ASSOCIATION
Its:
_
. _ . _ _
By•
Its:
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