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Home My WebLink About6.g. Letter of Understanding with DCTC ROSEI vtOUITf EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: January 15, 2008 AGENDA ITEM: Letter Of Understanding with DCTC AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks Recreation Director AGENDA NO. ATTACHMENTS: Aerial Photo, Concept Plan and Letter of APPROVED BY: Understanding gee RECOMMENDED ACTION: Recommend the City Council approve the Letter of Understanding Between the City of Rosemount (City) and the Minnesota State Colleges and Universities (MnSCU) for the Funding of the Design and Construction of Soccer Fields at Dakota County Technical College. ISSUE Over the past few years, City staff has discussed with representatives from Dakota County Technical College (DCTC) the possibility of partnering to build community athletic fields on property owned by DCTC. There is currently an opportunity to work with DCTC to build three soccer fields on the west side of their property located at the southeast corner of the County Road 42 and Akron Avenue intersection. The attached aerial photo and concept plan identify the location and proposed design of the project. Staff would like for the City Council to consider approving the attached Letter of Understanding (LOU) between the City and DCTC. The LOU identifies the City's intent to contribute $450,000 towards the construction of the project. The LOU also identifies that the there are other agreements that must be worked out prior to the City releasing the funds. BACKGROUND DCTC has identified an opportunity to construct three full sized soccer fields on their campus located south of County Road 42 and east of Akron Avenue. Staff from DCTC and the City have discussed a possible the partnership on this project for the past few years. Because of the limited amount a time that DCTC proposes to use the fields and the current lack of conflict with other user groups, this project has been supported by the Parks and Recreation Commission. SUMMARY Staff is recommending the City Council consider approving the attached Letter of Understanding between the City of Rosemount (City) and the Minnesota State Colleges and Universities (MnSCU) for the Funding of the Design and Construction of Soccer Fields at Dakota County Technical College. Dakota County, MN id__ at 1 ip ew a x 9 a f Y e.a w, x s a p+^r y 47,,..4' .a v ,»t v nr H 4& S i {ff a p 'X` t om'- e fi .r r r ai r ft c n 461 t`i't Y k .r y yd g k kis a l l g t* „sue °tea m t 7 a ''a, 4,, '.4 wn. C� I FF li t t tt„t„,11. -t„:;-:f.t,-,,, 't 7 .,,,4„. d t L rt e -4.7(.1,.. ,G4 t c' .A v d O s �e t$. fad` Y. re--, z t x# i er g_+ �'a M kY ''w `w y -s ry P,.,w5 ask u T 4,:„-:,,,, x i a. c Y Disclaimer. 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January 15, 2008 This letter of understanding details the funding requirements for the design and construction of Soccer Fields that are to be constructed in collaboration between the State of Minnesota, by and through the Board of Trustees of Minnesota State Colleges and Universities, on behalf of Dakota County Technical College "DCTC and the City of Rosemount Minnesota "City Whereas, DCTC has agreed to design and construct the project; and Whereas, the City has agreed to an initial contribution of $450,000 toward the construction of the Soccer Field Project; and Whereas, DCTC shall be authorized by the Office of the Chancellor to provide design and construction oversight and to complete the Soccer Field Project; and Whereas, DCTC requires that the City funding contribution of $450,000 be on deposit prior to the execution of the construction contract in an escrow account satisfactory to DCTC; and Now, therefore, it is mutually understood that: 1. A Joint Powers Agreement and a Joint Use Agreement shall be negotiated for the design, construction, operation, maintenance and use of the facilities constructed by this project. 2. After the parties have negotiated and executed a mutually acceptable Joint Powers Agreement and a Joint Use Agreement, the City will establish an escrow account acceptable to DCTC that will allow DCTC periodically to unilaterally transfer funds from the escrow account to an appropriate DCTC account for payment of construction fees relating to the Soccer Fields Project. The escrow account must be irrevocable by the City and its terms, once established, cannot be changed unilaterally by the City for the duration of the design and construction contracts. 3. The City will deposit $450,000 into said account, no later than one day prior to the execution of the construction contracts. 4. DCTC will use the $450,000 to construct the following Phase One Soccer Fields Project Phase One Grading plan excavating and fill earth work Irrigation system installation Field seeding and growth Fencing Underground electrical wiring and conduit 5. DCTC will disburse monies for approved construction payments on the project. 6. All interest earned on the escrow account will remain in the account to fund expenditures incurred in the project. 7. The contribution of $450,000 by the City will be the total contribution from the City for the Soccer Fields Project unless it agrees to fund improvements or subsequent phases. 8. The contribution and funding by the City for the Soccer Fields Project are for a project that will be commenced prior to December 31, 2008. In the event that Phase One project described herein is not commenced by December 31, 2008, then, the City may terminate the agreement by providing written notice to Dakota County Technical College. Understood and Agreed to this day of January, 2008. City of Rosemount Minnesota State Colleges and Universities By: By: Mayor President Attest: City Clerk