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HomeMy WebLinkAbout6.k. First Amendment to Joint Powers Agreement for Acquisition of Land for Public Library in Rosemount4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: June 15, 2010 AGENDA ITEM: First Amendment to Joint Powers AGENDA SECTION: Agreement for Acquisition of Land for Consent Agenda Public Library in Rosemount PREPARED BY: Kim Lindquist, Community Development AGENDA NO. b.1.• Director ATTACHMENTS: First Amendment to Joint Powers Agreement for Acquisition of Land for APPROVED BY: Public Library in Rosemount, Minnesota RECOMMENDED ACTION: Motion to approve an amendment to Joint Powers Agreement for Acquisition of Land for Public Library in Rosemount DISCUSSION Some time ago, the Council approved a contract for Foster Willey commissioning a public art piece that will be located at the Robert Trail County Library. The artist was chosen after a several month process where proposals were submitted, interviews occurred and final drawings presented to a small task force chosen by the City Council. The art piece is in the process of being created throughout the summer with installation anticipated this fall. Because the library property is owned by Dakota County, and the City will retain ownership of the artwork, an amendment to the JPA with the County regarding the library is in order. The City Attorney has worked with the County Attorney to draft language addressing specific issues, primarily maintenance, removal, and liability. Similar to how the original JPA is drafted, the City is responsible for the site outside of the library building. Relating to the artwork, the City will be responsible for all maintenance and upkeep. The County is also being asked to approve the agreement prior to installation of the sculpture. RECOMMENDATION Motion to approve an amendment to the JPA for acquisition of land for public library in Rosemount Minnesota, relating to installation of a commissioned public art piece. FIRST AMENDMENT TO JOINT POWERS AGREEMENT FOR ACQUISITION OF LAND FOR PUBLIC LIBRARY IN ROSEMOUNT, MINNESOTA This is the first amendment to the above - referenced Joint Powers Agreement ( "JPA ") which was originally entered into on or about January 23, 2007 between the City of Rosemount, a Minnesota municipal corporation ( "City ") and the County of Dakota County, a political subdivision of the State of Minnesota ( "County "), each of which is a "governmental unit" pursuant to Minn. Stat. § 471.59, and which agreement provides for the construction, operation and maintenance of a county library in the City of Rosemount located at 14395 South Robert Trail (the "Library "). WHEREAS, the City and the County have determined that it is in the best interests of the citizens of the City and the County to enhance the Library by the addition of a work of public art; and WHEREAS, the City has commissioned the design of a work of public art for the Library, specifically a sculpture (the "Sculpture "), as more fully described in Exhibit A attached hereto and incorporated herein by reference, to be located and displayed at the Library; and WHEREAS, the parties wish to provide for the creation, installation, operation, maintenance and repair of the Sculpture at the Library; NOW, THEREFORE, on the basis of the premises and the mutual covenants hereinafter set forth, the parties agree to amend the above described JPA as follows: 1. The City will contract and pay for the creation of the Sculpture and its installation at the Library and operation of related facilities of the Sculpture in accordance with the attached design and specifications and in a location on Library property as agreed to between the City and County. 2. The City will retain ownership of the Sculpture and be responsible for the maintenance, repair, and removal of the Sculpture and the operation of facilities related to the sculpture. 3. The City may remove the Sculpture at any time. The County may require the City to remove the Sculpture at any time upon 180 days' prior written notice. 4. Upon removal of the Sculpture, the City will restore the Library site damaged or altered by the presence of the Sculpture to its original condition as agreed to by County, reasonable ordinary wear and tear excepted. 5. The City will defend, indemnify and hold the County harmless from any claims arising out of the design, installation, presence, maintenance, removal or repair of the Sculpture unless such claims arise out of the negligent or intentional conduct of the county, its officers, employees or agents. Nothing herein shall be deemed a waiver by the City of the limitations on liability set forth in Minnesota Statutes, Chapter 466. AMENDMENT TO ROBERT TRAIL LIBRARY JPA FOR SCULPTURE 6. This Amendment shall terminate upon removal of the Sculpture and restoration of the site in accordance with paragraph 4 of this Amendment. IN WITNESS WHEREOF, the parties have caused this Amendment to JPA to be executed by its duly authorized officers. APPROVED BY THE ROSEMOUNT CITY COUNCIL ON APPROVED AS TO FORM BY ROSEMOUNT CITY ATTORNEY in Approved as to form: Assistant County Attorney /Date Approved by Dakota County Board Resolution No. KIK05 -450 AMEND ROBERT TRAIL LIBRARY RA FOR SCULPTURE 2 CITY OF ROSEMOUNT By: Mayor By: City Clerk AMENDMENT TO ROBERT TRAIL 2 LIBRARY JPA FOR SCULPTURE COUNTY OF DAKOTA Chair, Board of Commissioners Date of Signature Attest Kelly Olson Clerk to the Board Date of Signature E*obi+ A yt N„+✓pni y � 13+.+"I�r" � q1 w TRISKELE BY FOSTER WILLEY © 2010 T RISKELE IS A CELTIC SYMBOL CONSISTING OF THREE SPIRALS. THE SP RAL IS A UNIVERSAL SYMBOL THAT APPEARS THROUGHOUT NATURE AI ID IN NUMEROUS CULTURES. ITS MANY INTERPRETATIONS INCLUDE CRE,- �TION, ETERNAL LIFE, AND HUMAN SPIRITUALITY. THE TRISKELE ALSO SYMBOLIZES THE THREE REALMS - LAND, WATER, AND SKY. I HE CELTIC SPIRAL IS THE INSPIRATION FOR THIS WORK OF ART. TRI.:KELE REPRESENTS THE CITY OF ROSEMOUNT, ITS CONNECTION TO IRELAND AND ITS VISION FOR CULTURE WITHIN THE COMMUNITY. LFA4 r� Tir -> ..we ".y"r - .d.�'. - ^�f /ice-' ���'./ .:r'r�ct -� ' !!"..T"1yyiQi►�I� = ' - C .. -� f�yw.�-,.-�-�� -3 __ 1 � •.ter ` °��}A�� iM Mn�sw��ai '�� +i.+..:. ..+E� P•/ � -" � /!�.f � ��. fY�Ma+rs -- —^i Fes_ ,fir, .!�'°�`r' _ � �-•- . �