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HomeMy WebLinkAbout10A - Jeffers Pond 1st / Parks MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: FINANCIAL IMPACT: 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT AUGUST 15, 2005 10A JANE KANSIER, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH THE SCHOOL DISTRICT FOR THE CONSTRUCTION AND MAINTENANCE OF PARKS AND PLAYGROUND FACILITIES IN JEFFERS POND Introduction The purpose of this agenda item is to review a cooperative agreement between the City of Prior Lake and the Prior Lake-Savage Area School District for the construction and maintenance of the ballfield and playground equipment near the Jeffers Pond Elementary School. This report recommends the City Council approve the agreement and authorize the Mayor and City Manager to execute the agreement. History During the early planning stages of the Jeffers Pond development, the School District negotiated the purchase of a 12.1 acre parcel of land for the construction of an elementary school. As part of the negotiations, the City agreed to accept a 2.11 acre parcel of parkland, to be used jointly with the elementary school. The School District agreed to construct a ballfield and install playground equipment on this site. The School District will have exclusive use of the 2.11 acre park site during school hours and days. In return, the City agreed to maintain the 2.11 acre site. The City will have exclusive use of the site outside of the regular school hours and days. Current Circumstances The attached cooperative agreement formalizes the agreement between the City and the School District. The agreement specifies the responsibilities of each party, as well as the limitations on the liabilities and indemnification of each. The only issues pertaining to this agreement are the specific terms of the agreement. The staff believes this agreement provides the City with flexibility and appropriate use of the park facilities. The School District is currently reviewing the agreement. The proposed agreement is an example of the partnership that currently exists between the City and the School District. This agreement is consistent with the goals and objectives of the 2030 Vision and Strategic Plan. As part of this agreement, the City will be responsible for the maintenance of the park and equipment, as in any public park. However, the fact that the ballfield and the equipment will be constructed by the School District offsets www.cityofpriorlake.com UOb FllES\05 SITE PlANUeffefs Pq8Hdrt~i~~W~.~tl-('fZllcfWiJ52~4 7.4245 ALTERNATIVES: RECOMMENDED MOTION: Reviewed by: some of these costs. The City Council has the following alternatives: 1. Approve the agreement as proposed. 2. Deny the agreement. 3. Defer this item and provide staff with specific direction. The staff recommends Alternative #1. This requires the following motion: A motion and second to adopt a resolution approving the Cooperative Agreement with the School District and authorizing the Mayor and City Manager to sign the Agreement. anager UOb FllES\05 SITE PlAN\Jeffers Pond Elementary\cc report-coop agrDOC - -" ---.-'^"., ". - r'-'-'''.~-'''''-'''. _.. .. ..... -+"..-.--... .. ....... . 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION OS-xx Motion By: Second By: WHEREAS, The City and School District each have an interest in providing baseball fields and playground equipment to meet the needs of the School District and the students; and WHEREAS, The City and School District each have the authority to levy taxes for the facilities, services and programs each provides; and WHEREAS, The City and School District are cognizant of their fiduciary duty to the taxpayers who support the City and School District to provide high quality services in a fiscally responsibly manner; and WHEREAS, Because of the plat known as Jeffers Pond 1 st Addition the City and School District are in a unique position to partner to provide athletic fields and playground equipment that serve both the City and School District; and WHEREAS, The City and School District desire to enter into and memorialize an agreement whereby the parties share defined responsibilities for providing the land to develop the facilities, responsibility for constructing the facilities, the use of the facilities and the ongoing maintenance of the facilities. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City Manager are hereby authorized to execute the Development Contract on behalf of the City. PASSED AND ADOPTED THIS 15th DAY OF AUGUST, 2005. Hauaen Haugen Flemina Fleming LeMair LeMair Petersen Petersen Zieska Zieska YES NO Frank Boyles, City Manager C '\Docunents and Settings\c-green\Locai Sattings\Temp~.'Cityc)f~lam;C0l1nop Phone 952.447.4230 / Fax 952.447.4245 COOPERATIVE AGREEMENT RELATING TO THE CONSTRUCTION AND MAINTENANCE OF ATHLETIC FIELDS AND PLAYGROUND EQillPMENT This Agreement is entered into this 15th day of August, 2005 by and between the City of Prior Lake, a Minnesota municipal corporation (hereinafter "City") and Independent School District 719 (hereinafter "School District"). RECITALS WHEREAS, the City and School District each have an interest in providing baseball fields and playground equipment to meet the needs of the School District and the students; and WHEREAS, the City and School District each have the authority to levy taxes for the facilities, services and programs each provides; and WHEREAS, the City and School District are cognizant of their fiduciary duty to the taxpayers who support the City and School District to provide high quality services in a fiscally responsibly manner; and WHEREAS, because of the plat known as Jeffers Pond 1st Addition the City and School District are in a unique position to partner to provide athletic fields and playground equipment (hereafter "facilities") that serve both the City and School District; and WHEREAS, the City and School District desire to enter into and memorialize an agreement whereby the parties share defined responsibilities for providing the land to develop the facilities, responsibility for constructing the facilities, the use of the facilities and the ongoing maintenance of the facilities. WHEREAS, public entities under the auspices of SCALE have embraced the idea of partnering with one another to provide stellar facilities and the highest level of service to their respective constituencies and it is in that spirit that the parties hereto desire to enter into this Agreement. NOW THEREFORE, based on the mutual promises and covenants set forth herein, the sufficiency and consideration for which are not disputed, the parties agree as follows: 1. RECITALS The recitals set forth above are incorporated herein as if fully set forth herein. II. RESPONSIBILITIES OF THE CITY A. The City will provide approximately 2.11 acres of land upon which the School District will construct one baseball field and playground apparatus and facilities. B. The City will review and approve plans and specifications for the baseball field and playground equipment provided by the School District. c:\documents and settings\cgreen\local settings\temporary internet files\olkI62\cooperative agreement with school for athletic fields.doc C. Upon completion of the construction of the facilities the City will assume responsibility for the maintenance of the facilities; including mowing, dragging, striping, applying herbicides and fertilizing the grounds around the baseball field and the maintenance of the playground equipment. All City maintenance activities shall be done to the standards as other parks and equipment maintained by the City. III. RESPONSIBILITIES OF THE SCHOOL DISTRICT A. The School District will construct the facilities, at its sole cost, in accordance with the plans and specifications approved by the City. IV. USE OF THE FACILITIES A. The School District shall have the use and schedule of the facilities on regular school days and during regular school hours. B. The City shall have the exclusive use of the facilities at all times other than on regular school days and during regular school hours, and shall have the authority to schedule the use of these facilities at these times. C. From time to time situations will arise whereby the City or School District desires to plan an event at a time which the other party is entitled, pursuant to this Agreement, to the use of the facilities. If and when this eventually occurs the parties agree to work cooperatively to accommodate, if possible, the needs of the other party. Not withstanding the foregoing, neither party can demand the other party to relinquish its use of the facilities during the time designated for the City or School District to use the facility. V. LIMITATIONS ON LIABILITY AND INDEMNIFICATIONS A. All records kept by ISD 719 and the City with respect to this Agreement shall be subject to examination by the representatives of each party hereto. All data collected, created, received, maintained or disseminated for any purpose by the activities of ISD 719 or the City pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. B. Neither ISD 719, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said Work; and the City agrees to defend, save and keep ISD 719, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance of the Project by the City, its officers, agents or employees. C. Neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the ISD 719 for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of 2 or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by ISD 719, or arising out of the negligence of any contractor under any contract let by ISD 719 for the performance of said work; and ISD 719 agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by ISD 719, its officers, agents or employees relating to this Project. D. The parties to this Agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. E. Nothing in this Agreement is intended to expand or increase the liability limitation provided to the City pursuant to Minn. Stat. Chapter 466. Further, this Agreement shall not aggregate the statutory protections provided the City and School District pursuant to Minn. Stat. Chapter 466. VI. WARRANTIES AND REPRESENTATIONS A. The School District hereby warrants, represents and covenants that it has the requisite power and authority to enter into and perform this Agreement, and this Agreement has been duly authorized by all necessary action on the part of the School District. B. The City hereby warrants, represents and covenants that it is a legitimately established City of the State of Minnesota, a body politic and corporate under the laws of the State of Minnesota; that has the requisite power and authority to enter into and perform this Agreement, and this Agreement has been duly authorized by all necessary action on the part of the City. VII. RELATIONSHIP OF PARTIES A. Any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the School District, and any and all claims that mayor might arise under the worker's compensation laws or unemployment laws of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services to be rendered herein shall be the sole responsibility of the City and shall in no way be the obligation or responsibility of the School District. B. Any and all employees ofthe School District and all other persons engaged by the School District in the performance of any work or services required or provided herein to be performed by the School District shall not be considered employees, agents or independent contractors of the City, and any and all claims that mayor might arise under the worker's 3 """"'''.'~"_''_4'''''_'>_'''~'_'''''''"'".FH~' .. compensation laws or unemployment laws of the State of Minnesota on behalf of said School District employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said School District employees while so engaged in any of the work or services to be rendered herein shall be the sole responsibility of the School District and shall in no way be the obligation or responsibility of the City. VIII. NON-DISCRIMINATION During the performance of this Agreement, the parties shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public assistance, disability, age, or any other characteristic protected by federal, state of local law. The parties shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that qualified applicants will receive consideration for employment. IX. EVENTS OF DEFAULT A. Events of default, as used herein, shall mean any of the following events: (1) The failure by either party hereto to timely perform any of the duties, obligations, or responsibilities required of them hereunder. B. If either party commits a default under the terms hereof, or fails to perform any obligation with regard to this Agreement, then the non-defaulting party shall provide the defaulting party with notice of the default which complies with the notice provisions of Article X hereof, and if the defaulting party fails to cure such default within thirty (30) days of notice of the default, then the defaulting party shall be liable to the non-defaulting party for costs and expenses incurred to effect a cure. However, such thirty (30) day period shall not be held to apply if cure cannot be had within the prescribed period and if the defaulting party is proceeding with due diligence to effect cure to the satisfaction of the non-defaulting party. X. NOTICES A. Unless otherwise provided, notice under this Agreement shall be in writing, signed by the officers signatory to this Agreement or their successors, and shall be sent by Certified Mail, Return Receipt Requested, to the Parties at the following addresses: To the School: Tom Westerhaus, Superintendent Box 539, 5300 Westwood Drive SE Prior Lake, Minnesota, USA 55372 With a Copy to City: Frank Boyles, City Manager 16776 Fish Point Road Prior Lake, MN 55372-1714 4 With Copies to: Suesan Lea Pace, City Attorney Halleland, Lewis, Nilan & Johnson 600 U.S. Bank Plaza South 220 South Sixth Street Minneapolis, MN 55402-4501 XI. GENERAL PROVISIONS A. This Agreement contains the entire Agreement between the parties, and no statements, promises or inducements made by either party or agent of either party that are not contained in this written Agreement shall be valid or binding. B. This Agreement may not be enlarged, modified, or altered except in writing in accordance with the above provisions. C. Any and all prior agreements or understandings between the parties related to the Project shall terminate upon execution of this Agreement. D. The parties agree that a facsimile/fax or other reproduction type copy of this Agreement so long as signed by both parties shall be considered an original and shall be fully enforceable against both parties notwithstanding anything to the contrary in applicable law, and both parties voluntarily waive any such requirements. E. Captions and paragraph headings used in this Agreement are for convenience only, and are not a part of this Agreement, and shall not be deemed to limit or alter any provisions of this Agreement, and shall not be deemed relevant in construing the Agreement. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF PRIOR LAKE (SEAL) By Jack G. Haugen, Mayor And Frank Boyles, City Manager Date Date INDEPENDENT SCHOOL DISTRICT 719 ATTEST: By Dr. Thomas Westerhaus, Superintendent And Dan White, Chairperson, School Board Date Date 5 ".~_._..-.._..~----,,_....'" STATEOFMINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of , 20_, by Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, ofthe City of Prior Lake, a Minnesota municipal corporation, on behalf ofthe corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATEOFMINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 20_, by Dr. Thomas Westerhaus, Superintendent, and Dan White, Chairperson, Independent School District 719. NOTARY PUBLIC DRAFTED BY: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 6