4.2. SR 02-02-1998iver
MEMORANDUM
Item #4.2.
TO:
FROM:
DATE:
SUBJECT:
Mayor & City Council
Pat Klaers, City Adm~ator
January 29, 1998
Joint Powers Agreement
On June 30, 1997, the City Council agreed in concept to the ALC school
building proposal taking place at the Community Education site and at Oak
Knoll Park. The conditional use permit for this building project has gone
through the Planning Commission and City Council. Additionally, the
property is in the process of being platted and this should get to the City
Council in the near future.
One of the issues discussed by the City Council last summer was the need for
a Joint Powers Agreement (JPA) between the city and the school district for
the use and improvement of the varsity field. This property is being retained
by the school district, but, from time to time, the city may want to invest
some funds toward improvements at this field. One issue the Council wanted
addressed in the JPA was the protection of a city financial investment into
improvements. The Council was concerned ff they invested $100,000 into
lights, that the school would not tear up the field and use it for a building
site the following year, causing the city to lose its $100,000 investment. I
believe the attached JPA addresses this type of concern. The agreement also
notes that from time to time the city and school district would be entering
into maintenance agreements for the field and also that we may be doing
some improvements jointly. The agreement is clear that the school is
retaining ownership of the property and that they have final say over any
improvements.
The attached agreement has been reviewed by both the school attorney and
the city attorney. The School Board unanimously adopted the agreement at
its January 27, 1998, meeting. Staff recommends that the Council approve
the attached document pertaining to the use and improvement of the varsity
baseball field.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 ° TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
JOINT POWERS AGREEMENT
THIS AGREEMENT, made this __ day of ,1998, by and between the
CITY OF ELK RIVER, a municipal corporation located in Sherburne County, Minnesota,
(hereinafter called "City") and ELK RIVER INDEPENDENT SCHOOL DISTRICT NO. 728, a
public corporation with its district offices located in Sherburne County, Minnesota (hereinafter called
"District").
WlTNESSETH:
WHEREAS, the City and the District desire to cooperate in the development and maintenance
of the property described in Exhibit A attached hereto (hereinafter referred to as the "Property"),
which the District owns and which has been used by the District and the City as a recreational site
(a baseball field); and
WHEREAS, the City and the District desire to improve the Property, perhaps adding
bleachers, permanent lighting and other improvements; and
WHEREAS, the City does not want to invest funds to improve the Property unless it has
assurances that it will be able to continue to use the Property for recreational purposes or, in the
alternative, be assured of a return on any monetary investment made to improve the Property; and
WHEREAS, the District desires to maintain control over the Property and its use and the
improvements to be made thereon; and
WHEREAS, the District and the City desire to cooperate in the development and operation
of the Property;
NOW, THEREFORE, it is hereby declared and agreed as follows:
1. The purpose of this Agreement is to jointly exercise the independent powers of the
City and the District to develop, maintain and operate a recreational facility on the property identified
in Exhibit A hereto. This Agreement is entered into pursuant to Minn. Stat. {}471.59, et seq., and
other applicable statutes, and the express and implied powers of the parties. This Agreement may be
amended or terminated only by written agreement of both parties to do so.
2. The land to be used in such joint enterprise (the Property), is located in Sherburne
County, Minnesota. The Property is owned by the District.
3. In the event the City proposes to improve the Property, it shall prepare or have
prepared acceptable plans which describe the anticipated improvement. The plans, which shall
include estimated costs, shall be submitted to the District in advance of any alteration of the Property.
Within forty-five (45) days after receiving plans relating to the proposed improvements to the
Property, the District shall approve or deny the proposed improvements. Approval shall not be
unreasonably withheld, so long as the proposed improvements are consistent with the Property's
current use and community standards.
4. All costs related to improvements proposed and installed by the City (including but
not limited to planning costs, site development, etc.), shall be the responsibility of the City, unless
otherwise agreed to by the parties in writing.
5. In the event of any loss, damage or injury to any person or property arising out of the
use of improvements to the Property installed by the City, the City shall hold the District harmless
from and defend against any claim, demand or cause of action initiated to recover the amount of any
such loss, damage or claim if the claimed loss arose from the City's negligence. Each party shall
carry, at its own expense, comprehensive liability insurance covering its potential liability related to
the Property with personal injury limits as may from time to time be required under the provisions of
Minn. Stat. {}466.04 and any amendments thereto.
BeckP540758.1 2
Ownership of the Property and all improvements thereon, including future
improvements installed by the City, shall remain in the name of the District.
7. The City and the District shall, from time to time, enter into agreements or
understandings pertaining to the maintenance of the Property.
8. The District and the City shall be entitled to use the Property, so long as the intended
use is recreational in nature, not offensive to local, state or federal law, does not unreasonably
jeopardize the condition of the Property and is in all other respects consistent with this Agreement
and amendments thereto.
9. In the event of scheduling conflicts regarding the use of the Property, the District shall
have priority during school hours and for school related extra-curricular activities.
10. The District agrees to allow the City to use the Property as a recreational area/baseball
field. In the event the District desires to sell the Property or in any other way makes the Property
unusable by the City as a recreational area/baseball field (i.e., the District changes the use or nature
of the Property in such a way as to make it not usable as a baseball field), the District shall repay the
City a portion of the City's costs to improve the Property. The District's responsibility to reimburse
the City for the costs of improvements shall decline by ten percent (10%) of the cost of the
improvement, for each year after the improvement is completed. For the purpose of determining
reimbursement, the improvement's cost is the actual cost or the estimated costs contained in the plans
approved by the District, whichever is less. (e.g. The City submits to the District plans for an
outfield wall. The plans suggest that the wall will cost $10,000.00. The District approves the plans
and the project is completed on July 1, 1998. The City pays the contractor who constructed the wall,
$11,000.00 on August 1, 1998. On August 1, 2001, the District sells the Property to a third party
and as a result of the sale, the Property can no longer be used as a baseball field. The District would
BeckP 540758.1 3
be required to pay the City $7,000.00 as and for reimbursements connected to the construction of the
outfield wall.)
11. The City and the District shall appoint a representative for the purpose of coordinating
the joint use of the Property and the improvements thereon and matters of detail in carrying out this
Agreement. Each party will conduct is own recreation program, to the extent it wishes to do so,
having due regard to the fact that educational purposes must be served first on the Property during
school hours.
IN WITNESS WHEREOF, the parties hereby have executed this Agreement effective the day
and year first above written.
CITY OF ELK RIVER
By:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
ELK RIVER INDEPENDENT SCHOOL
DISTRICT NO. 728
By:.
Its:
BeckP 540758.1 4
EXHIBIT A
Legal Description of Property
BeckP 540758.1
\; CITY OF ELK RIVER
sMrtu~ C_,m.ty, MN
ALGE (?,ENTER ADDITION
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LEGEND
D&~: 1/23/98,
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ALCE CENTER ADDITION
CITY OF ELK RIVER
SHERBURNE CTY. MN
FOR
I.S.D. 728