HomeMy WebLinkAbout5.b. ISD 196 / City of Rosemount Joint Powers Agreement c CITY OF ROSEMOUNT
EBECUTIVE SUNIIKARF FOR ACTION
CITY COUNCIL MEETING DATE:
1�GENDA ITEM: ISD 196/City of Rosemount - AGENDA SECTION:
Joint Powers Agreement OLD BUSINESS
PREPARED BY: Dean Johnson AGEN � � �
Director of Community Development
ATTACHMENTS: Joint Powers Agreemen�, APP D BY:
�
Attached is a joint powers agreement (JPA) , between the City and ISD 196,
governing the development and usage of the Shannon Park Elementary
School/City Park property. The JPA is a detailed accounting of the
privileges and obligations of both parties, regarding future use and
maintenanee of the properties . As noted in the JPA, the District owns Lot
1 {school building) , the City owns 0utlot A (City Park) and the two parties
jointly own 0utlot B (the supplemental parking lot) and 0utlot C (the
"school athletic fields" ) . The ISD 195 Board of Education is expected to
approve the JPA at their September 24, 1990 Regular Meeting.
RECOMNlEND�ED ACTION:
Motion to approve the "Independent School District l96/Gity of
Rosemount, School/City Development and Site Usage Joint Pawers
Agreement. ��
COUNCIL ACTION:
APProved.
, *
INDEPENDENT BCHOOL DISTRICT 196/CITY OF ROSEMOUNT
DEVELOPMENT AND SITE IISAGE JOINT POWERS AGREEMENT
AGREEMENT, made this day of , between the
CITY OF ROSEMOUNT, a Minnesota municipal eorporation (hereinafter
"Rosemount") and INDEPENDENT SCHOOL DISTRICT NO. 196, duly organized
and existing under the laws of the State of Minnesota (hereinafter
"ISD 196") ; and
WHEREAS, the parties have acquired, as tenants in common,
approxa.mately 32 . 01 acres of property known as the Kelley Site,
located along Shannon Parkway in the City of Rosemount and legally
described on Exhibit "A" attached hereto; and
WHEREAS, the parties desire to develop the Kelley Site jointly as
one parcel to include an elementary school and city park, according
to the Minnesota Joint Powers Act; and
WHEREAS, Rosemount and ISD 196 historically have had a long and
positive working relationship. The joint acquisition and development
of the School/Park Site provides Rosemount and ISD 196 with a unique
opportunity to work together in a new and exciting manner; and
WHEREAS, the joint development of the common site affords both
parties benefits that could not otherwise be provided and that will
be valued for the years to come; and •
WHEREAS, working together on this project, Rosemount and ISD 196
wi11 be able to save tax dollars and will provide additional services
to the area.
NOW, THEREFORE, the parties agree as follows:
I. TITLE. Upon execution and approval of this Agreement by the
City Council of the City of Rosemount and the Sehool Board of
Independent School District No. 19b and the subsequent recording of
the plat covering the land described in Exhibit "A" , Rosemount shall
convey Lot One (1) , Block One (1) as shown on Exhibit "A" attached
hereto, to ISD 196 by Quit Claim Deed; and ISD 196 shall convey
Outlot A as shown on Exhibit "A" attached hereto, to Rosemount by
Quit Claim Deed. Each party shall provide good title to the
appropriate_ parcels and cause the Deeds to be filed with the Dakota
County Recorder.
II. DEVELOPMENT PLANS. The parties jointly approve the plans and
specifications (exclusive of plans for development of the school
building) , identified as Project No. 8826RS, including Addendum No. 1
' and Addendum No. 2, said copies of which are not attached, for t�e
joint development of the property set forth on Exhibit "A" .
III. ISD 196 DEVELOPMENT. At the time of school construction, ISD
196 shall be responsible for the costs incurred and the
implementation of the following development items, according to the
plans and specifications referenced in Sectian II above, as
identified below, upan the designated portion of the property noted
below and set forth on Exhibit "A".
A. Backstops and maintenance strips for the softball fields. -
Outlot C.
B.� A minimum of one hardcourt, bituminous play surface. - Lot
l.
C. 100% of the cost of play equipment, - Lot l.
D. Two (2} basketball standards. - Lot 1.
E. Site grading, topsoil placement and turf establishment. -
Lot 1 and Outlots B and C.
F. All bituminous trials and sidewalks to provide pedestrian
transportation access to the school building. - Lot l.
G. Survey and staking cost for the school building, parking lot
and utilities (excluding irrigation) . - Lot 1 and 0utlots B
and C.
H. Shrubs, edger and mulch for school building foundation and
other plant materials. Al1 plant materials shall conform to
the City of Rosemount Landscape Policy. - Lot 1.
IV. ROSEMOUNT DEVELOPMENT. Rosemount shall be responsible for the
costs of the following development items, according to the plans and
specifications referenced in Section II above, as identified below,
upon the designated portion of the property noted below and set forth
on Exhibit "A" .
A. Site grading, topsoil placement, turf establishment,
surveying and staking. - outlot A.
B. Backstops and maintenance strips for the softball fields. -
Outlot A.
C. Al1 bituminous and soft surface trails which provide
internal pedestrian access to recreation facilities. -
Outlot A.
D. Parking lot for recreation and special event school use. -
Outlot B.
Rosemount will also be responsible for the costs incurred and the
implementation of the following development items as identified
below, upon the designated portion of the property noted below and
set forth on Exhibit "A" .
E. Standard soccer goals, players benches and park benches. -
Outlots A & C.
F. Irrigation system on all athletic fields. - Outlots A & C.
G. Landscaping and play equipment. - Outlot A.
V. USAGE. ISD 196 shall have jurisdiction of the entire property
for the purposes of scheduling activities during the regular school
year from 8: 00 a.m. to 4:30 p.m. on school days and during the summer
school program from 8: 00 a.m. to 1:00 p.m.
Rosemount shall have jurisdiction of the entire property for the
purposes of scheduling recreation activities (with the exception of
the school building) at all times other than designated above.
Exceptions to scheduled usage include maintenance by either party
as identified in Sections VII and VIII. The parties agree to notify
each other of prolonged or major maintenance activities, which may
interfere with scheduled usage of the property. Nonscheduled, casual
use of the Outlots during school jurisdiction may be permitted,
provided there is no disruption or interference with scheduled
activities.
VI. NONSCHEDULED USAGE. If either of the parties wishes to
schedule activities outside of that party's designated time
jurisdiction, as stated in 5ection V above, permission must be given
by the other party in writing. Examples include but are not limited
to the following:
A. ISD 196 scheduled evening, weekend or "summer" activities.
B. Rosemount scheduled building use or scheduled use of the
Outlots during school sessions.
VII. SCHOOL DISTRICT MAINTENANCE. ISD 196 shall be responsible -
for all labor and material costs far the following maintenance items:
A. School building.
B. Snow removal and sanding of the parking lats, internal
drives, and hard surface play area located upon Lot 1 and
Outlot B as identified on Exhibit "A" .
C. Sealcoating, patching, and sub-grade carrection, striping
and typical maintenance of the parking lot and internal
drives located upon Lot 1 and Outlot B as identified on
Exhibit "A" . •
D. Ground maintenance adjacent to school building upon Lot l of
Exhibit "A" , including snow removal and sanding the sidewa3k
adjacent to the school in order to provide pedestrian
, access.
E. Mowing area in Outlot "C" of Exhibit "A" west of the
ballfields to Shannon Parkway.
VIII. ROSEMOUNT MAINTENANCE. Rosemount shall be responsible for
all labor and material costs for maintenance for the following items
upon Outlots "A" and "C" as identified in E�ibit "A" :
A. Turf and grounds maintenance, including: mowing, seeding,
watering, sodding, fertilization, and weed control.
B. Sealcoating, patching, and maintenance, associated with all
trails.
C. Park furnishings including benches, goals, backstops, play
equipment, etc.
D. Lining and striping of athletic facilities.
E. Removal of diseased or dead trees, tree pruning, tree
fertilization, tree wrapping and replacement.
F. Irrigation system.
IX. MISCELLANEQUS UTILITY COSTS. Subject to construction of a
school building, ISD 196 sha11 be solely responsible for costs of
utilities, including electrical, sewer and water, into the site.
Rosemount shall pay for all costs, including utility use, for any
security light(s) , and field iights if so installed, and all utility
charges associated with the irrigation system upon Outlots "A" and
"C" , as shown on Exhibit "A" .
X. SCHOOL BUILDING COSTS. ISD 196 shall be solely responsible for
all costs associated with development and construction fees directly
related to the school building, including building permit fees; SAC
and WAC charges, road unit, and water treatment plant charges.
XI. DAMAGE COSTS. ISD 196 shall be responsible to recover damage
costs and/or pay far (or repair) vandalism to the building and
parking lots. Rosemount shall be responsible to recover damage costs
and/or pay for (or repair) vandalism to the athletic and park
facilities located upon Outlots "A" and "C" , as shown on Exhibit "A" .
XII. ACCESS. Each party shall provide the other garty with
reasonable access to the other party's property (excluding school
building) so long as either the City continues to operate its
property as a city park or ISD 196 continues to operate its property
as a school facility. Upon the transfer of any of the property shown
on Exhibit "A" , the parties will provide an alternative access if
required, at a location agreeable to both parties. This condition
shall survive the termination of this Agreement.
XIII. TERMINATION. Either party may terminate this Agreement by
advising the other party by two year's written notice of its intent
to discontinue use nf its property for the purposes set forth in this
Agreement.
XIV. OUTLOTS- B & C. Upon notice of intent to discontinue, the
non-terminating party shall have the option of purchasing the
terminating party's interest in Outlots B & C as shown on Exhibit A.
Upon receipt of the notice of intent to discontinue, the parties
may agree upon a value of the property to be acquired or each party
shall select an appraiser to appraise the property. The two
appraisers so selected shall select a neutral appraiser within 30
days or either party may apply to the Chief Judge of the District
court of Dakota County, Minnesota, to appoint a neutral appraiser.
The three appraisers shall appraise the property according to its
market value, taking into account its then current use and zoning. If
the three appraisers cannot agree on the value, the determination of
market value by the neutral appraiser shall be binding on the
parties. The appraisals shall be delivered to the parties within 60
days af the appointment or selection of the neutral appraiser.
The non-terminating party shall then have nine months after
rece.ipt of the binding appraisal or agreement of value to elect to
purchase the terminating party's interest in said property for cash
or upon such terms and conditions as the parties mutually agree. The
closing shall be held within 60 days from the election of the
purchase.
In the event the non-terminating party does not elect to purchase
the terminating party's interest in said property, the terminating
party shall have 90 days to elect to purchase the non-terminating
party's interest in said property for cash or upon such terms and
conditions as the parties mutually agree. The elosing shall be held
within 60 days from the election of purchase.
Outlots B & C shall be valued and appraised separately and the
options to purchase may be exercised as to either Outlot B or C, or
both.
XV. RECORDING. Either party may record this Agreement with the
Dakota County Recorder.
XVI. AMENDMENT. This Agreement may be amended in writing by
agreement by both parties.
XUII. HOLD HARMLESS AND LIABILITY INSURANCE. Each party shall
hold �he other harmless from any claims or causes of action that may
arise on the property owned by each respective party, and each party
shall acquire adequate liability insurance covering all buildings and
improvements located on the property owned by each party.
INDEPENDENT SCHOOL DISTRICT CITY OF ROSEMOUNT
NO. 196
By: By:
Its: Its:
By: By:
Its: Its:
Dated this day of Dated this day of
, 1990. , 1990.
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this day of , 1990, before me a Notary ,
_ Public within and for said County, personally
appeared and to me
personally known, who being each by me duly sworn, each did say that
they are respectively the Mayor and Clerk of the City of Rosemount,
the municipality named in the foregoing instrument, and that the seal
affixed on behalf of said municipality by authority of its City
Council and said Mayor and Clerk acknowledged said instrument to be
the free act and deed of said municipality.
Notary Public
STATE OF MINNESOTA )
) ss,
COUNTY; OF )
On this day of , 1990, before me a Notary
Public within and for said County, personally
appeared and to me
personally known, who being each by me duly sworn, each did say that
they are respectively the
and " of INDEPENDENT SCHOOL DISTRICT NO.
196, the Minnesota public corporation named in the foregoing
instrument, and that said instrument was signed on behalf of said
Minnesota public corporation by authority of its Board of Directors
and said and
acknowledged said instrument to be the free act and deed of the
Minnesota public corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, WILCOX & SHELDON, P.A.
600 Midway National Bank Bldg.
7300 West 147th Street
Apple Valley, MN 55124
{612) 432-3136
MGD
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