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HomeMy WebLinkAbout6.e. Parking Lot Use Agreement with MVTAAGENDA ITEM: Parking Lot Use Agreement with MVTA AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks and Recreation Director AGENDA NO. e p IL) ATTACHMENTS: Proposed Use Agreement APPROVED BY: RECOMMENDED ACTION: Motion to approve the Parking Lot Use Agreement with MVTA and to authorize the necessary signatures to execute the agreement. 4 ROSEMOUNT CITY COUNCIL City Council Regular Meeting: September 2, 2008 EXECUTIVE SUMMARY ISSUE Staff from the Minnesota Valley Transit Authority (MVTA) recently contacted staff from the Parks and Recreation Department regarding the possibility of using a portion of the Rosemount Community Center /Arena parking lot for a park and ride lot. The Community Center was one of several locations that MVTA had looked at for possible park and ride lots in Rosemount. After discussing with MVTA what their needs were, a use agreement was drafted by the City Attorney. The agreement allows for MVTA to use 50 to 75 parking stalls in the southwest corner of the Community Center /Arena parking lot for a period of one year. MVTA will pay the City $150.00 per month to use the lot and the City will provide all necessary maintenance of the area (which we already do). MVTA will be responsible for any necessary signage and will also have an opportunity to locate a temporary bus shelter on the property. Because the area being looked at by MVTA is the same area that Rosemount High School students have used for parking, staff will be proposing to have the high school students park in the Schwarz Pond Park parking lot. SUMMARY Attached is an agreement that has been drafted by our City attorney and reviewed by City staff and staff from the MVTA. Staff is recommending the City Council approve the attached Parking Lot Use Agreement and authorize the necessary signatures to execute the agreement. THIS AGREEMENT, made as of the 1s day of September 2008, by and between the Minnesota Valley Transit Authority "MVTA a joint powers entity, and the City of Rosemount, a Minnesota municipal corporation (hereinafter referred to as "City NOW THEREFORE, IT IS MUTUALLY AGREED, by and between the parties hereto as follows: 1. Use of Parking Lot. The MVTA may use space designated by the City of Rosemount in the Rosemount Community Center /Arena South parking lot located at 13885 South Robert Trail, Rosemount, MN 55068 as a park ride lot for the parking of up to 75 automobiles of MVTA passengers. 2. Times of Usage. The parking lot may be used by the MVTA on all days except Saturdays, Sundays, Thanksgiving Day, and the Day after Thanksgiving. City may arrange with MVTA to change the days in recognition of special events. 3. Maintenance. City shall arrange for regular and timely maintenance. 4. Signs /Shelters. The MVTA may, with prior agreement from City, erect signs and/or locate a shelter on or adjacent to the parking lot designating the area as a park ride lot. 5. Indemnity. MVTA agrees to indemnify and save harmless City, its officers, employees and agents from and against all claims or demands of every nature on account of injury to or death of persons or damage to or loss of property caused by or resulting in any manner from any acts or omissions of the MVTA, its agents or employees, in the direct operation of the parking lot as a park ride lot under this Agreement. A Certificate of Insurance will be provided. 6. Terms and Termination. This Agreement shall be in force from September 1, 2008 through August 31, 2009. It may be extended for a period of up to one year (Sept. 1, 2009 -Aug. 31, 2010) and may be terminated with 30 days' notice. The parking lot is subject to certain rights of the Minnesota State Armory Building Commission MSABC) and any rights granted by this Agreement are subject to the existing rights of the MSABC. 7. Fee. The MVTA agrees to pay City a fee of $150 per month for its use of the lot. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the persons thereunto duly authorized as of the day and year first written above. Minnesota Valley Transit Authority City of Rosemount By: By: Beverley Miller Date William Droste Date Executive Director Mayor By: By: Elizabeth Kautz Date Dwight Johnson Date Chair City Administrator 338780v1 CLL RS215 -7 AGREEMENT