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HomeMy WebLinkAbout2.c. Library JPAAGENDA ITEM: Library JPA AGENDA SECTION: Discussion PREPARED BY: Jamie Verbrugge, City Administrator AGENDA NO. 2.C. ATTACHMENTS: Revised Draft JPA APPROVED BY: RECOMMENDED ACTION: Discussion 4 ROSE MOLT NT CITY COUNCIL City Council Work Session. October 11, 2006 EXECUTIVE SUMMARY ISSUE The City and County must enter into a Joint Powers Agreement for the maintenance and operations of the Rosemount branch Dakota County Library. The first draft of the JPA was discussed with Council at the Apnl 18, 2006 Work Session. Staff has worked with Dakota County staff since that time to continue drafting the final JPA. SUMMARY Staff has forwarded final comments from the City Attorney relative to this draft. There may need to be several final modifications based on recent site plan design alterations. ,,IOINT POWERS AGREEMENT FOR, ACQUISITION OF LAND FOR, PUBLIC LIBRARY IN ROSE MO LINT, MINNESOTA This Agreement is entered Into this day of 2006, by and between the City of Rosemount a Minnesota municipal corporation "CitY') and the County of Dakota, a political subdivision of the State of Minnesota "County each of whom constitutes a "governmental unit" pursuant to Minn Stat, 471 59 1. Statement of Purpose and Powers to be Exercised The City and County acknowledge the need and desire to acquire land for public purposes in Rosemount, Minnesota, in order to facilitate the establishment of a library to serve Rosemount and the surrounding communities and to provide for the establishment and expansion of facilities foi library purposes The parties have statutory authonty to acquire land for public library purposes, in accordance with Minn Stat Ch 134, 2 Site Acquisition and Exercise of Power The City has undertaken at its sole cost and expense to acquire a suitable library site consistmg of approximately 3 0 acres of land, within the confines of the property legally descnhed in the attached Exhibit A The City will convey fee title of the library site to County by a warranty deed, free and clear of all liens and/or encumbrances, including special assessments, as of the date of transfer Said conveyance of title by the City shall take place pnor to County's approval of plans and specifications for the construction bid 3 Liability for Debts and Obli ations, No party shall do any act or thing, the effect of which would create a hen or charge against the other pane 4 Contnbutions by Parties Except as set forth herein, the County, acting through its Library Board, agrees to construct, operate and maintain a library building and library site parking facility for the benefit of the public, with construction to be substantially complete by October, 2009 Deleted: Deleted Deleted. For and in consideration of the construction and operation of said library facility (a) The City agrees to pay any and all costs associated with acqumng the library site (b) The City agrees to re -plat the property, at City expense, to create a lot for the library site that is mutually acceptable to the City and the County The final plat must be recorded before construction will begin on the librar} building (c) The City shall provide the library facility access to the nearest sanitary sewer, stone sewer and water mains, except that the County shall pay the cost of extending the utility service Imes from the library building to the city utility stubs (d) The City will waive all discretionary City permit fees but will pass through to the County, and the County will pay, all construction fees and permit fees which are not payable to the City (e g SAC, WAC and state building surcharge) The City will provide customary plan reviews by city staff without charge to County. (e) So long as the County maintains and operates a library facility on the premises described at paragraph 2, the City will provide lawn and landscape maintenance service for the library property and snow removal service for any parking lots, dnveways, sidewalks and paved areas Lawn maintenance services shall include imgation, mowing, tnmming, fertilization, chemical treatment, shrub care, and tree maintenance. The County will be responsible for installation of the irrigation system and a water meter for the system The City will be responsible for operation and maintenance of the irrigation system_ wtD_pay for the water used for tmgalion The County will pay for (f) g) (h) all other water charges associated with operating the library building Snow removal_ services are to be performed in accordance with the standards set forth in Attachment 1, the contents of which are incorporated herein by reference The City may be involved with the Dakota County Library Board in the selection of' the architectural firm hired to design the library and related facilities, and City input will be sought for the actual building design A city staff member designated by the City Council will be invited to staff design coordination meetings A city council member will be appointed by the council to serve on the County's Design Advisory Committee for this project If the City has specific needs or desires for architectural design or library programming needs that the County feels are beyond the budget and/or scope of library needs or services provided in other facilities operated by the Library Board (including, but not limited to, an atnum, medallions in brickwork, extenor columns, fireplaces, extra landscaping, etc City may be asked to contnbute funds to pay for the costs associated with construction of those City specified amenities Payment by the City will be made by January 31, 2009 or when a certificate of occupancy is issued for the library, whichever is later. The City will consult with County in the development of the adjacent city property to ensure that the proposed redevelopment does not adversely impact the County library„ The City will provide the County with an updated abstract of title for the library lot at City's expense Deleted. (i) The City will be the lead agency in arranging for the work to be completed to raze and remove the rectory building and office building on the library lot either by City staff or outside contractors hired by the City The City and County will equally split the cost of razing and removing said buildings peconstruction and disposal of the structures will be performed in accordance with County sustainability standards and waste disposal ordinance The County will reimburse the City for fifty (50 percent of the cost of building demolition within thirty (30) days of receipt from the City of an itemized invoice The City agrees to be solely responsible for payment of all future special_ assessments which would otherwise be levied against the library property, for so long as the County operates a public library on the site (k) The City and County will equally split the cost of constructing a new entry to the south side of the library property if required The entry will be constructed by contractors hired by the County as part of the building construction project The City and County will equally split the operating and maintenance costs of the library parking lot(s) includmgrepair, overlays and coating The City `Deleted• will be responsible for perfomltng or maintenance operations based on CAI" standard_ for parking lot inarntenapee, (m)_ The Cavwill be responsible for annual parking lot sweeping The County will be responsible for parking lot lighting and annual parking lot stnpmg (n) The City and County will grant and execute cross parking agreements for shared use of the parking lots on the Library site and the adjacent City r At me e the Deleted•At Loch time .�s the Count. deudks to ta7 die misting oft.. ba Idmg on the Itbraty lot, the Cm, .Cod Comb sill egtt llv split the osi 0 mm tg and tmvg said buildup Deleted: ILLo stnot ion and diapt sal of tbo •tincture .Nil be perfomnd in .iosnrdume with Count. •nst ima}u I'( stm;duds and waste dtl road armrvmoe Deleted: It de:.nutnnclnon begin a wu Mho t years after Jar dMho of wugnwbon on the hbrap b uldwb the County will be sorel} tespmmi9e tot all demolition and dto}mal Lava 11 ,IDeleted: ,1 Deleted: striping, sweeping. _i Deleted: -mo hghtng Deleted Comity Deleted. rimming Deleted: as& oed necessary j property, with the exception of designated, reserved parking spaces The City and County agree to execute a recordable agreement concerning cross parking rights and parking lot light operation prior to the opening of the library. ,(4) County will remit City to place an appropriate monument sign on the County Library lot identifying land uses on the library lot and adjacent City property City will consult with County on the design, placement and content of the sign. All costs associated with the sign will be paid by City All maintenance of the sign will be the responsibility of the City 5 Amortization For and in consideration of the acquisition of the property by the City and the transfer of various property interests to the County _as set forth herein, theCounty_and the City agree that the City shall have a lien against the library property for thirty DO) years from the date of transfer_tg_the County__The gaountof the_hen_wjll be the tolat amount that the Cih'_shall _Pay for acquisition_ of, and site improvements on the property, which amount shall be filed with the County Auditor and the County Recorder's Office Each year for 30 years. from and after the date of commencement of operation of a library facility on site, the City's hen will be reduced by one- thrilletb_(U301 In the event the County operates a library' facility for 30 years on the property, the Citl{ shall no longer have a lien on the If however. the County should p rmanently abandon or terminate its library use on the premises _prior to the expiration of 30 years from the date of commencement of operation of a library facility, then the County shall pay to the City at the time of_germanent_ or_ abandonment the amgunt_of_the_lien as__ then. unamortried_by_ the passage of time 6 Source and Contribution of Funds The City and the County each shall budget for, or obtain, funds sufficient to carry out the undertakings and responsibilities each party has agreed to or assumes by the terms of this agreement Deleted: Deleted: m 7 City Option to Repurchase the Property The City shall have the first ny to repurchase the Library property if the County determines in the future that it will sell the property If the County intends to sell the property,_it will written notice to the City of that decision The City shall have 90 days thereafter to notify the County that it intends to repurchase the property, If the City determines that it does not wish to execute its right to repurchase, or does not act within 90 days of receiving written notice from the County, the City's right to repurchase he extinguished If the City exercises its right to repurchase, the patties shall mutually agree upon a date of closing 8 Repurchase Pace If the Citt exercises its npht to repurchase the property the parties shall mutuallv,agiee to o Tettnn a real estate appraise' to provide an independent piarket value appraisal of the property The City, and County shall share the cost of the appraisal equally The independent appraisal shall establish the fair market value tobe paid to the County for the repurchase of the property by the -Ctty Any amount of the unamortized lien granted to the City in paragraph 5, above, will be deducted from the appraised fair market value in deteimming the purchase_pnce to be_pald by the City, 9 Nonassignability Neither of the parties shall assign any interest in this Agreement or transfer any interest in the same, whether by subcontract or assignment, without the prior wntten consent of the other party t0, Amendment Any amendment to the provisions of this Agreement shall be valid only after it has been reduced to writing and signed by all parties hereto 1 1 Entire Agreement This Agreement shall constitute the entire agreement between the parties and shall supersede all pnor oral or wntten negotiations 1? Liability /Independent Contractors For the purpose of this Agreement, each party shall be deemed independent contractors Any and all agents, servants, or employees of one of the ,r Formatted Deleted: s ,i Deleted: De leted: 8 A Deleted: 9 Ownership of Land and 1 nc,lmes The pates ackuowledte that at such time as the prem,rcx cure to be used as a library, ownership of the budding furniture, materials land and unpmyemenIs shall remain Inds the County All otht r temp and eunditora premised on the County operation of library on the me will tenm.att N Deleted,0 1 1 parties who are engaged in the performance of any work or services required to be performed pursuant to this Agreement, shall not be considered employees of any other party, and any and all claims that may or might anse on behalf of any one or more parties to this agreement, or their agents, servants, or employees as a consequence of an act or omission on the part of said party or their agents, servants or employees or other persons shall in no way be the obligation or responsibility of any other party In the event of any claims or actions filed against either party, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties It is understood and agreed that the provisions of the Municipal Tort Claims Act, Mrnn Stat Ch 466, and other applicable laws, govem liability arising from the parties' acts or omissions Each party warrants that they are able to comply with the aforementioned rndemmty requirements through an insurance or self insurance program and that each has minimum coverage consistent with Mrnn Stat Ch 466 13 Equal Employment Opportunity and Compliance with Applicable Laws All parties agree to comply with all federal, state, and local laws, ordinances, rules, iegulations, and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national ongin, sex, marital status, status with regard to public assistance, disability or age All parties further agree to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated as they relate to the performance of the provisions of this Agreement IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the duly authorized officers APPROVED BY THE ROSEMOUNT CITY COUNCIL ON APPROVED AS TO FORM BY CITY OF ROSEMOUNT ROSEMOUN1 CITY ATTORNEY ,i Deleted:] Deleted:. Section Break (Next Page). By Approved by Dakota County Board Resolution No THIS INSTRUMENT DRAFTED BY Michael R Ring, Assistant County Attorney Dakota County Attorney's Office 1560 West Highway 55 Hastings, MN 55033 Telephone 651- 438 -4438 K/Ka5 -450 By Mayor By City Clerk Approved as to form COUNTY OF DAKOTA Assistant County Attorne}/Date Chair, Board of Commissioners Date of Signature Attest Mary S Scheide Clerk to the Board Date of Signature EXHIBIT A A combination of parcels generally consisting of the following 1. Lot 26, AUDITOR'S SUBDIVISION NO. 1, (PIN 34- 03700 010 -26) 2 The Northerly 110 feet of Lot 25, AUDITOR'S SUBDIVISION NO 1, (PIN 34-03700-020-25) 3 Lot 25, AUDITOR'S SUBDIVISION NO I, except the Northerly 110 feet thereof, (PIN 34- 03700 010 -25) Lot 24, AUDITOR'S SUBDIVISION NO. 1, except the Southerly 13.7 feet thereof, (PIN 34- 03700- 011 -24) 5 The Northerly 44 3 feet of Lot 20, AUDITOR'S SUBDIVISION NO 1, (PIN 34- 03700 021 -20) 6 PIN 34- 66500- 110 -00 7 PIN 34- 66500- 090 -00 K 1(05 -450 Exhibit A SNOW REMOVAL ATTACHMENT 1 Remove snow and treat slippery or icing conditions, including exterior sidewalks, walkways, drives and parking areas at facilities to the greatest extent possible to protect against injury and loss of property GENERAL INFORMATION Pnonty Snow removal operations receive priority over other daily work assignments for property management staff unless occupant safety is jeopardized or property loss or damage is possible City staff will generally be the first into the facilitiesand the last to leave during heavy or major snowfalls to protect property and staff Major Winter Storms During and following major or severe snow or ice storms, City staff diligently pursue maintaining emergency access corridors into buildings and remove snow or treat ice accumulations as rapidly as the condition or availability of equipment permits. Staff Safety City staff exercise extreme caution and care when blowing or mechanically removing snow when pedestnans are present City staff use discretion and take adequate breaks from snow removal to prevent stress and potential for hypothermia during severe winter weather conditions Adequate winter protection clothing is worn at all times to protect and ensure employee safety All snow removal equipment, tools and machinery is maintained in top condition with all safety equipment in place Snow blowing equipment chutes are not cleared by hand Special Events When events occur outside normal facility building hours, the Library staff notifies the City staff of the need for snow removal, sanding or salting since developing conditions vary greatly across the County Emergency Assistance Assist motorists and pedestrians at facilities to the greatest extent possible as weather conditions and safety permit PROCEDURES Page 1 City staff and City contractors clear walks, drives and parking lots of snow accumulations of one inch or more and treat slippery conditions as follows Walkways On scheduled business days, snow is removed at least I hour prior to the Library opening time to form a clear path of entry and egress from the building Snow removal includes emergency exit door stoops or door swing radii City staff continue to clear pedestnan walkways throughout the business day as conditi ons warrant Walkways are mechanically and manually cleared to bare surfaces free from ice or snow by the start of the next business day by City staff when possible or within 48 hours Icy or sleet conditions on pedestrian walkways between parking areas and facility entrances are treated with calcium chloride, sand, salt or a combination as needed or upon first report of the developing condition to City staff City staff will use the same products as used on walkways of other City facilities. Parking Lots City staff and City contractors will attempt to clear snow from parking lot surfaces no later than one hour prior to normal facility hours on scheduled business days following actual snowfall of two or more inches When major snowfall occurs (6 inches or more) during business hours, City staff and City contractors are to maintain vehicle traffic corridors within facility parking areas to the greatest extent possible. City staff are to remove snow from parking lot or sand and salt as conditions warrant a minimumof one hour prior to Library opening time Parking areas and drives are salted and sanded when icy conditions warrant or when requested by Property Management or the facility authority A rock salt /sand mixture is used on bituminous pavements equal to City street sand mix proportions K K05 -450 Attachment 1 Page 2