4.3. SR 08-18-2003r
Item
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Michele McPhers~rrector of Planning
August 18, 2003
August Park and Recreation Update
Attachments
· Memo from Dr. Jenson dated July 2, 2003 Regarding VandenBerg Tennis Courts
· Recreational Access and Use Agreement - Tiller Corporation
At the August 13, 2003 Park and Recreation Commission meeting the agenda was relatively
light; the Commission approved three major park uses, received a final update on the Camp
Cozy Eagle Scout project, reviewed two projects for park dedication purposes, reviewed a
request from ISD #728 to assist with resurfacing of the VandenBerg tennis courts, and
discussed a recreational use agreement with Tiller Corporation.
Of the noted agenda kems, two items require City Council action: 1) the request to assist the
school with the resurfacing of the VandenBerg tennis courts, and 2) entering into an
agreement with Tiller Corporation for continued use of their property for cross-country
ski/running trails and the Minnesota Biathlon range.
VandenBerge Tennis Courts
Staff received a request from Laura Brown, Elk River Tennis Association, to assist the
school with resurfacing the tennis courts at VandenBerge Middle School. The attached
memo from Dr. Jenson, Superintendent, indicates the preliminary cost at $40,000 with
$5,000 being pledged by the Elk River Tennis Association. The memo notes that the City
has agreed to complete and pay for the project. This is incorrect, as it first needs to be
considered by the Commission and ultimately approved by the City Council.
John Barth - Athletic Director, Ms. Brown, and the tennis coach were in attendance to
discuss the request wkh the Park and Recreation Commission. Various issues were
Memo to the Ma)or and City Council/Park and Recreation Commission Update
August 18, 2003
Page 2
discussed including the cost of full replacement of the courts, whether the improvement
could be delayed until 2004, and the use of the courts by City Recreation. There were also
questions regarding how the tennis courts were originally paid for and whether or not the
request complied wkh the park dedication requirements.
The Park and Recreation Commission unanimously recommended to the City Council that
they amend the 2003 Park Capital Improvements Budget in the amount of $35,000 to assist
the School District in resurfacing the courts in 2003, with the requirement that the School
District reimbursement the City for half of its expenditure in 2004.
Staff ~ that the City Council corrur wi~ the Park and Recreation Cogvr~sion rm~nrr~a:So~.
Recreational Access and Use Agreement - Tiller Corporation
The City has had a long-standing informal agreement with Shiely Corporation for use of a
portion of their property adjacent to the east side of the railroad grade and north of Top of
the World Park for cross-country ski/running trails and the Minnesota Biathlon range. This
relationship has been in existence since 1993. Corps of volunteers have estabLished the trails
and monitored their use as well as their maintenance since that time. In July of 2003, Shiely
Corporation sold its land holdings located south of County Road 33 and west of Proctor to
Tiller Corporation. Tiller Corporation has met with staff, Park Commissioner Anderson,
and Piotre Benardski of the Minnesota Biathlon to review use of the site and the
maintenance activities to date. Tiller Corporation is intending to formalize the use of their
property through a Recreational Access and Use Agreement.
The Recreational Access and Use Agreement dearly defines the roles of the property owner
(Tiller) and the City. The City would be responsible for approving all uses of the trails and
the Biathlon range. Larger groups utilizing the site would need to provide copies of their
liability insurance, while general recreation users would be covered by the City's general
insurance policy. Any further improvements to the site would be at the City's expense and
should the agreement be terminated, the City would be required to remove all structures
from the property.
Peter Beck, City Attorney, has reviewed the agreement and has no substantial concerns
regarding the agreement but has been in contact with Tiller Corporation's attorney on points
of clarification. The Tiller Corporation Board will have an opportunity to approve the
agreement at their board meeting of August 19, 2003.
The Park and Recreation Commission unanimously recommended that the City Council
enter into this agreement for continued use of the Tiller property for cross-country
ski/running trails and the Minnesota Biathlon range.
Staff ~ that the City Council concur with the Park and R~,ztion GTtrvr~sion action with the
wnc~tion that the approval is contingent upon appro~ of the agreonmt ~ Tdler Corpor~ as ~ll as any
rr6 r d anges to the satifaccion of both a neys.
S:\PLANNING~Michele McPherson\CCREPRTS\8-18 P & R Update.doc
Independent School District 728
ADMINISTRATION OFFICES
327 King Avenue DR. ALAN JENSEN
Elk River, MN 55330 Superintendent of Schools
(763) 241-3400 Fax (763) 241-3407
Memorandum
To:
CC:
From:
Date:
Re:
City of Elk River
Afln: Mr. Pat Klaers
Dr. Ron Bratlie
Mr. John Barth
Alan Jensen, Ed.D. ~
Superintendent, lSD 728
7/2/2003
Refinishing of tennis courts at VandenBerge Middle School
Pat, please accept this letter as indication of Independem School District 728's willingness to accept a
joint agreement with the City of Elk River, the Tennis Association, and District 728 to resurface the
tennis courts at VandenBerge Middle School.
The approximate cost of the project to be completed in the summer of 2003 is $40,000.00. The
Tennis Association has pledged $5,000.00 with the remaining cost to be shared equally between the
City of Elk River and ISD 728. The City has agreed to complete and pay for the project this summer
and bill the School district for one-half of the balance at a later date.
The School District will designate the $17,000 - $20,000 in the 2004 - 2005 Capital Outlay Budget
so as to be able to pay the District's share by January 1, 2005. As you know the district will be
asking the voters to approve a referendum this Fall. If that referendum is successful wqe will commit
to paying the City our share at an earlier date. Thanks for working with us and, as usual, I a[ppreciate
you and the City's support.
RECREATIONAL ACCESS AND USE AGREEMENT
THIS AGREEMENT, made this __ day of August 2003, between the City of Elk
River, a Minnesota municipal corporation, 13065 Orono Parkway, Elk River, Minnesota 55330
(hereinafter "City"), and Tiller Corporation, a Minnesota corporation (hereinafter "Tiller").
WITNESSETH:
WHEREAS, Tiller is the owner of real property located in Elk River, Minnesota
described in Exhibit A (hereinafter "Property").
WHEREAS, City and its Designees (as defined below) desire to access and use said
Property for recreational and related purposes.
WHEREAS, Tiller has agreed to allow the City and its Designees to use the Property at
no charge pursuant and according to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein and for other good and valuable consideration, receipt and sufficiency which
are hereby acknowledged, the parties agree as follows:
City's Designees.
mean:
a)
Reference to City's "Designees" in this Agreement shall
the public at large, including without limitation, members of the
Minnesota Biathlon Club; students and others associated with the Elk
River School District; and students and others associated with schools
participating in activities with the Elk River School District.
Term of Agreement. The term of this Agreement shall be one (1) year, and shall
automatically renew from year to year unless otherwise terminated according to
the provisions set forth in paragraph 7 below.
Agreement for Use of Property for Recreational Purposes. Tiller agrees that
City and City's Designees may use the Property for recreational purposes, without
charge, during the term of this Agreement. It is the intent of the parties hereto that
Tiller be deemed to be an owner entitled to recreational use immunity pursuant to
the provisions of Minn. Stat. §604A.20 - §604A.27. Nothing herein shall be
construed to prohibit Tiller from also using the Property in any manner, as
determined solely by Tiller.
o
Insurance. During the term of this Agreement, City shall keep in full force and
effect at its expense a policy or policies of public liability insurance with respect
to the Property, naming Tiller as an additional insured with liability coverage of
not less than $ single limit coverage. Said coverage shall be
primary coverage. All insurance policies required herein shall be placed with an
insurance company authorized to do business in the State of Minnesota. Such
policies shall provide that they cannot terminate, be canceled or be amended
except after ten (10) days written notice to Tiller.
Improvements. City, or City's Designees, may, at their expense and at no
expense to Tiller, make improvements on and/or modifications to the Property
(including establishment of new trails) if such improvements or modifications are
first approved, in writing, by Tiller. City agrees to submit to Tiller for its prior
written approval all plans for constructing buildings or other structures upon the
Property or making any modifications to the Property. City further agrees to
submit to Tiller for its prior written approval any plans for improving or adjusting
the utilities to the Property. The City shall be responsible for all expenses, permit
fees or assessments levied in connection with any activity of the City or the City's
Designees, including any additional real estate taxes or assessments caused by any
improvements made to the Property. Nothing herein shall be construed to require
Tiller to, or prohibit Tiller from, constructing, repairing, altering, or modifying the
Property or improvements thereto or thereon.
Restoration. Upon the termination of this Agreement, City shall, at its cost and
expense, and at no cost or expense to Tiller, restore the Property to substantially
its condition as existed upon the commencement of this Agreement. The
adequacy and completeness of said restoration shall be determined by Tiller in its
sole reasonable discretion. In addition to its restoration obligation described
herein, City shall be responsible for the removal of all buildings, structures and
foundations located on the Property and the remediation of any environmental
issues on the Property caused by or related to the activities of City or City's
Designees.
Termination. This Agreement may be terminated by either party at any time for
any reason, upon six (6) months prior written notice to the other party.
Indemnity/Hold Harmless. City agrees to protect, defend, indemnify and save
Tiller harmless from any and all expenses (including attorneys fees and litigation
expenses), liabilities, losses, damages, claims, fines, penalties, suits and costs
directly or indirectly resulting from, rising out of or in any way connected with,
any injury to any person or loss or damage to any property, directly or indirectly
resulting from, arising out of, or in any way connected with the use of the
Property by City or City's Designees, except those claims arising from the sole
negligence of Tiller, its employees, agents or contractors.
Page 2
Version Date: August 14, 2003
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Notices. Any and all notices required or permitted to be given by the parties, one
to the other, shall be deemed sufficient if sent by U.S. First Class Mail Postage
Prepaid as follows:
To City:
City of Elk River
13065 Orono Parkway
Elk River, MN. 55330
With Copy To:
To Tiller:
Steven Sauer
Vice President ,of Finance
Tiller Corporation
7200 Hemlock Lane, Suite 200
PO Box 1480
Maple Grove, MN. 55311-6480
With Copy To:
Mike Caron
Regulatory Compliance Coordinator
Tiller Corporation
7200 Hemlock Lane, Suite 200
P.O. Box 1480
Maple Grove, MN. 55311-6480
9. Miscellaneous.
Governing Law. This Agreement shall be construed and enforced
in accordance with the laws of the State of Minnesota.
Binding Effect. This Agreement binds and benefits the parties and
their successors and assigns.
[Signature Page on Following Page]
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Version Date: August 14, 2003
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IN WITNESS WHEREOF, the parties hereto have signed this Agreement effective the
day and year set forth above.
IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year set forth above.
TILLER CORPORATION
Dated:
The undersigned hereby agrees to the foregoing terms in settlement and subject to all conditions
herein expressed.
CITY OF ELK RIVER:
Dated:
By:
Its: Mayor
Dated:
By:
Its: City Clerk Administrator
Page 4
Version Date: August ]4, 2003
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EXHIBIT A
Page 5
Version Date: August 14, 2003
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