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8.1. SR 07-01-2019 EOty1� ,.,�� Request for Action River To Item Number Mayor and City Council 8.1 Agenda Section Meeting Date Prepared by General Business July 1, 2019 Justin Femrite, P.E.,Public Works Director Item Description Reviewed by Multi-Purpose Facility and Lion John Weicht Park Calvin Portner, City Administrator Improvements Reviewed by Action Requested Consider the following items relating to the Multi-Purpose Facility and Lion John Weicht Park Improvements: Approve,by motion, Guaranteed Maximum Price for project; Adopt,by motion, a resolution awarding bid packages and reassigning contracts to RJM; Approve,by motion, design fee adjustment for 292 Design Group; Approve,by motion,Joint Powers Agreement with ISD 728; Approve,by motion, First Amendment to Reciprocal Easement Agreement with ISD 728; Adopt,by motion, a resolution approving Land Exchange Agreement with ISD 728; Approve,by motion, special meeting at 4:00 p.m.,July 10, 2019, for ground breaking. Background/Discussion Culminating years of dreaming,brainstorming, discussing,planning and designing, the approvals of the items detailed in this memo will officially allow for the construction of the new Multi-Purpose Facility and Lion John Weicht Park Improvements! Background on each action is as follows: Set Guaranteed Maximum Price and Award Recommended Bid Packages Bids were opened on June 20, 2019. Apparent low bids received originally had our project team excited that the Guaranteed Maximum Price (GMP) would be set lower than the estimate provided on May 6. Upon further review by the low bidders in Category 4A and 6A, they learned of errors in their bid and asked for their bids to be removed from consideration. After consultation with our legal counsel and R our team recommends: Award the Base Bid,Add Alt#3-Painting Interior of Field House, and Add Alt. #8-Lighting on Primary Softball Field, for all bid packages except 6A-Carpentry with the following details: Hold category 6A- Carpentry for further review with potential to reject and rebid in the future. Allow the apparent low bidder in 4A-Masonry to pull their bid due to documented errors in their numbers and award the 4A-Masonry package to the next lowest bid. This action in category 4A makes this new contractors combined bid low in category 3A-Concrete. Add Alt#1-Lease Space came in substantially higher than estimates but remains an integral component of the project as temporary team rooms which will be converted to future lease spaces (see attached letter of The Elk River Vision A P)ehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAMIRE1 intent). The project team recommends not awarding Add Alt. 1 at this time. RJM will hereby be directed to rebid this scope with hopes to obtain better pricing. Council is asked to provide direction on the other Add Alternate components to the project. Upon review with RJM,we are prepared to set the GMP for the project at$25,893,009. See attached bid recommendation memo from RJM. Upon approval, the bids can be awarded and reassigned to RJM. Approve Fee Adjustment for 292 Design Group Changes in design concepts and overall scope increase (— $20.6M project at time of proposal compared to a —$27.6M project now) have resulted in the request for additional fees from 292 Design Group. Their original proposal included an expected fee calculated at 5.15% of the value of the project. Their request is to amend their total fee,holding the same rate of 5.15%, to the value of the full final project. Staff supports the modification based,not only on the scope change of the project,but also the work and rework they assisted on through the Active Elk River campaign. Joint Powers Agreement with ISD 728 The attached JPA covers details relating to the joint use of the softball fields, concession,restrooms, and parking facilities being constructed with this project at Lion John Weicht Park. This agreement has been reviewed and negotiated between ISD 728 and city staff. The ISD 728 Board approved the JPA at their June 24, 2019, meeting. Once approved, the JPA becomes a formal exhibit in the Land Exchange Agreement detailed below. First Amendment to Reciprocal Easement Agreement with ISD 728 ISD 728 and the city entered into a Reciprocal Easement Agreement for shared ingress, utilities, and parking across properties between the high school and ice arena in November of 1996. With the proposed Land Exchange Agreement, the property lines listed in this document need to be updated. In addition, the amended agreement details a commitment of city-dedicated parking stalls on the district property since our property footprint will no longer include our own parking. The ISD 728 Board approved the First Amendment to Reciprocal Easement Agreement at their June 24, 2019, meeting. Once approved, the First Amendment to Reciprocal Easement Agreement becomes a formal exhibit in the Land Exchange Agreement detailed below. Land Exchange Agreement with ISD 728 The new Multi-Purpose Facility footprint extends beyond the current limits of the city-owned property on the high school campus. As a result,we have reached an agreement with ISD 728 to swap land to accommodate the project. The Land Exchange Agreement formally describes the transferred parcels. Conditions for the transfer and associated request for dedicated parking in the Reciprocal Agreement include the city providing for the elimination of the existing stormwater pond in the high school parking lot and replacing that treatment in the Lions John Weicht Park Pond. The filling of the pond and associated pavement work in the high school parking lot will be completed through the ISD 728-planned reconstruction of their parking lot in 2020. The ISD 728 Board approved the Land Exchange Agreement at their June 24, 2019, meeting. Once approved, a closing will be scheduled to officially record the transferred properties. Financial Impact The project budget is shown on the attached Estimate Summary provided by RJM. N:APublic Bodies\Agenda Packets\07-01-2019\Final\x8.1 sr NlultiPurpose Focility.docx The architect fee adjustment for 292 Group is drawn from the building fund and goes from previously approved amount of$1,065,000 to $1,424,235. Attachments ■ Bid Recommendation Letter from RJM ■ Project Budget Estimate Summary ■ Resolution—Approve Bids and Reassign Contracts ■ Joint Powers Agreement ■ First Amendment to Reciprocal Easement Agreement ■ Land Exchange Agreement ■ Resolution—Approve Land Exchange ■ Lease Space Letter of Interest N:APublic Bodies\Agenda Packets\07-01-2019\Final\x8.1 sr NlultiPurpose Focility.docx CONSTRUCTION July 1, 2019 Justin Femrite City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: Elk River Multi-Purpose Facility+ Park Improvements Recommendations for Award of Contract Dear Mr. Femrite; On June 20, 2019 bids were received at the City of Elk River for the Multi-Purpose Facility+ Park Improvements project. Bids we received for thirty-six (36) bid categories and eleven (11) quote categories. Attached is a bid summary by trade for each bid category. We are recommending award for 39 Prime Contracts. The recommended contracts include the acceptance of Alternate #3 and Alternate #8. RJM has completed its review of the bids. We recommend to the City Council that they approve the award of the contracts as follows: BID CATEGORY AWARD AMOUNT 2A— Building Demolition $178,890.00 Rachel Contracting, Inc. 4125 Napier Court NE St. Michael, MN 55376 2B—Selective Demolition $223,800.00 Ebert, Inc 23350 County Road 10 Corcoran, MN 55357 3A& 4A—Concrete and Masonry Systems $2,935,000.00 Crosstown Masonry, Incorporated r701 Washington Avenue North#600 Minneapolis,Minnesota 40 :.00 RJMConstruction.com CONSTRUCTION 1322 1591h Ave, NE Ham Lake, MN 55304 313.1— Precast Concrete (Type 4) $1,190,000.00 FABCON 6111 West Highway 13 Savage, MN 55378-1298 313.2— Precast Concrete (Type 1, 2, 3) $925,000.00 Wells Concrete 9060 Zachary Lane Maple Grove, MN 55369 313.3— Precast (Raker Beam/Plank/Stadia) $1,013,283.00 Molin Concrete Products Company 415 Lilac Street Lino Lakes, MN 55014 3C—Concrete Floor Finishes $104,390.00 Quality Cleaning 14043 Lincoln Street NE Ham Lake, MN 55304 5A—Structural and Misc. Steel Matl. $1,308,353.00 Distinctive Iron 19128 Industrial Blvd NW Elk River, MN 55330 513—Structural and Misc. Steel Labor $435,750.00 High Five Erectors II, Inc 30054 t h Avenue East PO Box 477 Shakopee, MN 55379 713— Roofing Systems $1,020,690.00 Top-All Roofing Inc 265732 nd Ave So. Minneapolis, MN 55406 Washington Avenue North#600 Minneapolis, 40 :.00 CONSTRUCTION 7C—ACM Wall Panel $202,415.00 Schwickert's Tecta America 330 Poplar Street Mankato, MN 56001 8A—Aluminum Entrances/Storefronts $601,000.00 Murphy Window and Door Commercial, Inc 12536314 t h Ave NW Princeton, MN 55371 9A—Gypsum Board $309,300.00 RTL Construction, Inc. 4000 Valley Industrial Blvd. S. Shakopee, MN 55379 9B—Tiling $155,980.00 CD Tile and Stone, Inc 3103 103rd Lane NE Blaine, MN 55449 9C—Acoustical Ceilings $149,410.00 Twin City Acoustics 9449 Science Center Drive New Hope, MN 55428 91)— Flooring $103,900.00 Acoustic Associates 1250 Zane Ave Minneapolis, MN 55422 9E— Painting Systems $412,750.00 Sunrise Painting & Wallcovering, Inc 805 Tower Drive Medina, MN 55340 11A—Athletic Equipment $133,955.00 Peterson Companies, Inc 701 Washington Avenue North#600 Minneapolis, 40 :.00 CONSTRUCTION 8326 Wyoming Trail Chisago City, MN 55013 11B—Concessions Equipment $101,739.83 Hockenbergs Equipment and Supply Inc 13098 George Weber Drive Rogers, MN 55374 13A— Ice Refrigeration Systems $2,162,742.00 Rink Tec 3485 Willow Lake Blvd Vandais Heights, MN 55110 14A— Hydraulic Passenger Elevator $79,500.00 Thyssenkrupp Elevator Corporation 40— 51St Way NE Minneapolis, MN 55421 21A- Fire Suppression System $256,485.00 SUMMIT COMPANIES 418 Great Oak Drive Waite Park, MN 56387 22A- Plumbing Systems $1,206,000.00 Weidner Plumbing and Heating Co. 29 Wilson Ave NE Saint Cloud, MN 56034 23A - HVAC Systems $1,776,000.00 Sentra-Sots Sheet Metal Inc 30753 rd Street South Waite Park, MN 56387 26A - Electrical Systems $1,786,914.00 Design Electric, Inc PO Box 1252 701 Washington Avenue North#600 Minneapolis, 40 :.00 CONSTRUCTION St. Cloud, MN 56302 31A - Earthwork IA Site Only $572,787.00 Minnesota Utilities & Excavating 13932 Lake Drive NE Forest Lake, MN 55025 31B - Earthwork Lions Park Site Only $502,200.00 U.S. SiteWork Inc 11040183 rd Circle NW Elk River, MN 55330 32A—Asphalt Paving $324,100.00 Bituminous Roadways 1520 Commerce Drive Mendota Heights, MN 55120 32B—Concrete Sidewalks/Curb/Gutter $387,400.00 Ebert, Inc 23350 County Road 10 Corcoran, MN 55357 32C— Landscaping IA $39,800.00 Greenscape Companies, Inc 116842 19th Ave N Elk River, MN 55330 32D - Landscaping Lions Park $96,500.00 Greenscape Companies, Inc 116842 19th Ave N Elk River, MN 55330 32E—Chain Link Fence and Gates $94,000.00 Foundation Service Corporation PO Box 120 Hudson, IA 50643 33A— Utilities $586,000.00 701 Washington Avenue North#600 Minneapolis, 40 :.00 CONSTRUCTION Metro Utilities, Inc 9656 161St Ave NW Elk River, MN 55330 QUOTE CATEGORY AWARD AMOUNT 1A- Final Cleaning $80,651.00 Midwest Specialty Maintenance 9225 East River Road NW Coon Rapids, MN 55433 1B -Surveying $41,280.00 Hakanson Anderson 3601 Thurston Avenue Anoka, MN 55303 7A- Waterproofing $39,630.00 RAM Construction Services 9937 Goodhue Street NE Blaine, MN 55449 8B—Overhead Coiling and Sectional Doors $48,500.00 Skold Specialty Contracting, LLC P.O. Box 144 Rogers, MN 55374 12A— Roller Shades $27,886.00 American Drapery Systems 676 Mendelssohn Ave N Golden Valley, MN 55427 13C— Legg Truss Bleachers $125,797.00 Seating and Athletic Facility Enterprise 7955432 Sth Street Ellendale, MN 56026 If you should have any questions, please contact by phone at 952-837-8614. MWI--=- V7 701 Washington Avenue North#600 Minneapolis,Ir 40 :.00 CONSTRUCTION Sincerely, Brad Barickman Vice President -Community CC: Tara Blotske, RJM Construction ESTIMATE SUMMARY ESTIMATE DATE: PROJECT: ARCHITECT: DRAWING DATE: Previous Final $/sf Difference DESCRIPTION Sub Contractors Estimate Estimate 123,418 Construction Costs 1A - Final Cleaning Midwest Specialty $112,746 $80,651 $0.65 ($32,095) 1B - Survey Hakanson Anderson $90,750 $41,280 $0.33 ($49,470) 2A -Building Demolition Rachel $240,000 $178,890 $1.45 ($61,110) 2B - Selective Demolition Ebert $182,607 $223,800 $1.81 $41,193 3A - Concrete Systems Crosstown Combined 3A & 4A$1,299,202 $0 $0.00 ($1,299,202) 3B.1 Precast Concrete Fabcon $1,133,435 $1,190,000 $9.64 $56,565 3B.2 Precast Concrete Wells $720,630 $925,000 $7.49 $204,370 3B.3 Precast Raker/Plank/Stadia Molin $1,047,824 $1,013,283 $8.21 ($34,541) 3C - Concrete Floor Finishes QC Companies $166,500 $104,390 $0.85 ($62,110) 4A - Masonry Systems Crosstown Combined 3A & 4A$1,395,948 $2,935,000 $23.78 $1,539,052 5A - Structural Material Distinctive Iron $1,387,918 $1,308,353 $10.60 ($79,565) 5B - Structural Labor High Five $452,900 $435,750 $3.53 ($17,150) 6A - Carpentry Allowance $1,062,645 $1,300,000 $10.53 $237,355 7A - Waterproofing & WB RAM $29,825 $39,630 $0.32 $9,805 7B - Roofing Systems Top All $865,382 $1,020,690 $8.27 $155,308 7C - Metal Wall Panel Schwickerts $90,528 $202,415 $1.64 $111,887 8A - Aluminum Entrances/Storefronts Murphy $559,235 $601,000 $4.87 $41,765 8B - Overhead Coiling and Sectional Doors Skold $72,000 $61,760 $0.50 ($10,240) 9A - Gypsum Board RTL $239,285 $309,300 $2.51 $70,015 9B - Tiling CD Tile & Stone $201,854 $155,980 $1.26 ($45,874) 9C - Acoustical Ceilings TCA $150,882 $149,410 $1.21 ($1,472) 9D - Flooring Acoustics Associates $291,100 $103,900 $0.84 ($187,200) 9E - Painting Sunrise $358,064 $412,750 $3.34 $54,686 Signage Allowance $50,340 $50,340 $0.41 $0 11A - Athletic Equipment Petersen $125,000 $133,955 $1.09 $8,955 11B - Concessions Hackenberg dba TriMark $125,000 $101,740 $0.82 ($23,260) 12A Roller Shades American Drapery System $0 $27,886 $0.23 $27,886 13B - Ice Rink Systems Rink-Tec $2,300,000 $2,162,742 $17.52 ($137,258) 13C - Leg Truss System SAAFE $119,845 $125,797 $1.02 $5,952 14A - Elevators ThyssenKrupp $92,711 $79,500 $0.64 ($13,211) 21A Fire Protection Summit $309,381 $256,485 $2.08 ($52,896) 22A - Plumbing Systems Weidner $1,214,878 $1,206,000 $9.77 ($8,878) 23A - HVAC Sentra-Sota $2,127,942 $1,776,000 $14.39 ($351,942) 26A - Electrical Systems Design Electric Inc $1,506,087 $1,786,914 $14.48 $280,827 31A - Multipurpose Earthwork MUE $536,000 $572,787 $4.64 $36,787 31B - Lions Earthwork US Sitework $520,820 $502,200 $4.07 ($18,620) 32A - Asphalt Paving Bituminous Roadways $355,824 $324,100 $2.63 ($31,724) 32B - Concrete/Sidewalk/Curb/Gutter Ebert $231,429 $387,400 $3.14 $155,971 June 27, 2019 Elk River Multipurpose Facility 292 Design Group June 19, 2019 32C - Multipurpose Landscaping Greenscapes $57,237 $39,800 $0.32 ($17,437) 32D - Lions Landscaping Greenscape $112,549 $96,500 $0.78 ($16,049) 32E - Chain Link Fence Peterson $198,354 $126,918 $1.03 ($71,436) 32G - Synthetic Turf TBD $0 $0 $0.00 $0 33A Utilities Metro $597,482 $586,000 $4.75 ($11,482) Temp Walls & Enclosures $70,582 $70,582 $0.57 $0 Temp Fencing $51,953 $51,953 $0.42 $0 General Conditions $80,205 $80,205 $0.65 $0 Project Reimbursable Expenses $663,899 $663,899 $5.38 $0 General Liability Insurance $253,540 $258,390 $2.09 $4,850 Builders Risk Insurance $60,849 $62,014 $0.50 $1,165 Building Permit $23,795 $12,920 $0.10 ($10,875) Bond $164,430 $157,656 $1.28 ($6,774) Anticipated Value Engineering $0 ($100,000)($0.81)($100,000) $24,101,392 $24,393,914 $197.65 $292,522 Escalation $0 $0 $0.00 $0 Design Contingency $235,765 $0 $0.00 ($235,765) Contingency $943,984 $975,757 $7.91 $31,773 Contractors Fee $457,991 $469,339 $3.80 $11,348 Total Construction Estimate $25,739,132 $25,839,009 $209.36 $99,877 Owner Costs SAC/WAC Fees $150,000 $150,000 $1.22 $0 Site Survey & Soil Borings Allowance $25,000 $25,000 $0.20 $0 FF&E Allowance $160,000 $160,000 $1.30 $0 Owner Equipment Allowance $30,000 $30,000 $0.24 $0 Low Voltage (Phone, Data & Security)Allowance $82,500 $82,500 $0.67 $0 Audio Systems $100,000 $100,000 $0.81 $0 Ball Field Lighting In Construction Cost $135,000 $0 $0.00 -$135,000 Scoreboard In Construction Cost $100,000 $0 $0.00 -$100,000 Environmental Disposal To be determined $0 $0 $0.00 $0 Netting In Construction Cost $40,000 $0 $0.00 -$40,000 Commissioning $0 $0 $0.00 $0 Kitchen Equipment In Construction Cost $125,000 $0 $0.00 -$125,000 Pavilion Allowance $0 $200,000 $1.62 $200,000 Dasherboards and Rubber Flooring $582,494 $980,243 $7.94 $397,749 Owner Moving Expense $0 $0 $0.00 $0 Subtotal Owner Costs $1,529,994 $1,727,743 $14.00 $197,749 Design Fees Design Fees $0 $0 $0.00 $0 Subtotal Design Fees $0 $0 $0.00 $0 Contingency Owner Contingency $294,971 $169,971 $1.38 -$125,000 Subtotal Contingency $294,971 $169,971 $1.38 -$125,000 Total Project Estimate $27,564,097 $27,736,723 $224.74 $172,626 Subtotal Construction Costs �j City of Elk City of Elk River Wver City Council Resolution 19- A Resolution of the City Council of the City of Elk River Awarding Contracts for the Multi-Purpose Facility and Lion John Weicht Park Improvements WHEREAS, the City Council, and City staff have worked with 292 Design Group and RJM Construction on the design plans for the Elk River Multi-Purpose Facility and Lion John Weicht Park Improvements; and WHEREAS, the City Council approved the plans and specifications for the Elk River Multi-Purpose Facility and Lion John Weicht Park Improvements and authorized the taking of bids for the project at its May 6, 2019, meeting; and WHEREAS, pursuant to the advertisement for bids for the construction of the Elk River Multi-Purpose Facility and Lion John Weicht Park Improvements Project,bids were received for thirty-six project categories, opened, and tabulated according to law; and WHEREAS, RJM Construction is recommending the award of contract to the appropriate responsible bidders of each of the categories listed below: Category Company Amount 1A Final Clean Midwest Specialty $80,651.00 Maintenance 1B Surveying Hakanson Anderson $41,280.00 2A Building Demolition Rachel Contracting $178,890.00 2B Selective Demolition Ebert, Inc 223,800.00 3A &4A Concrete & Crosstown Masonry, Inc $2,935,000.00 Masonry Systems 313.1 Precast Concrete Type FABCON $1,190,000.00 NATUREJ 313.2 Precast Concrete Type Wells Concrete $925,000.00 1,2,3 313.3 Precast Concrete Raker Molin Concrete Products $1,013,283.00 Beam/Plank/Stadia 3C Concrete Floor Finishes Quality Cleaning $104,390.00 5A Structural Steel Matl. Distinctive Iron $1,308,353.00 5B Structural Steel Labor High Five Erectors II, Inc $435,750.00 7A Waterproofing RAM Construction Services $39,630.00 7B Roofing System Top-All Roofing Inc $1,020,690.00 7C ACM Wall Panel Schwickert's Tecta America $202,415.00 8A Aluminum Entrances Murphy Window & Door $601,000.00 8B Overhead & Sectional Skold Specialty Contracting $48,500.00 Drs 9A Gypsum Board RTL Construction $309,300.00 9B Tiling CD Tile & Stone Inc $155,980.00 9C Acoustical Ceiling Twin City Acoustics $149,410.00 9D Flooring Acoustic Associates $103,900.00 9E Painting Systems Sunrise Painting $412,750.00 11A Athletic Equipment Peterson Companies $133,955.00 11B Concessions Equipment Hockenbergs Equipment $101,739.83 12A Roller Shades American Drapery Systems $27,886.00 13A Ice Refrigeration Rink Tec NATUREJ 13C Legg Truss Bleachers Seating and Athletic Facility $125,797.00 Enterprise 14A Hydraulic Passenger Thyssenkrupp Elevator $79,500.00 Elevator Corp. 21A Fire Suppression Summit Companies $256,485.00 System 22A Plumbing Systems Weidner Plumbing and $1,206,000.00 Heating 23A HVAC Systems Sentra-Sota Sheet Metal $1,776,000.00 Inc 26A Electrical Design Electric $1,786,914.00 31A Earthwork IA MN Utilities & Excavating $572,787.00 31B Earthwork Lion Park U.S. SiteWork $502,200.00 32A Asphalt Paving Bituminous Roadways $324,100.00 32B Concrete Ebert, Inc $387,400.00 Sidewalk/Curb/Gutter 32C Landscaping IA Greenscape Companies $39,800.00 32D Landscaping Lion Park Greenscape Companies $96,500.00 32E Chain Link Fences Foundation Service Corp $94,000.00 33A Utilities Metro Utilities $586,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,Minnesota, as follows: 1. The prime contracts to the recommended low bidders are hereby awarded except for Category 6A Carpentry. 2. Alternate 3 —Prep and Paint Field House, and Alternate 8-Exterior Lighting at Softball Field 1 are hereby selected and their costs have been included in the bid numbers detailed above. 3. The assignment of the prime contracts to RJM Construction is hereby NATUREJ The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted this 1st day of July, 2019. John J. Dietz,Mayor ATTEST: Tina Allard, City NATUREI EXHIBIT F A JOINT POWERS AGREEMENT FOR THE MUTUAL USE AND MAINTENANCE OF LION JOHN WEICHT PARK THIS AGREEMENT made and entered into this day of 2019, by and between the CITY OF ELK RIVER, a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred to as "CITY" and INDEPENDENT SCHOOL DISTRICT 728, herein referred to as "DISTRICT"; and WITNESSETH: WHEREAS, the CITY owns park property and recreational equipment adjacent to Elk River High School in Lion John Weicht Park, as identified in the Land Exchange Agreement, entered onto this same day; and WHEREAS reference to PARK in this agreement shall be to the following defined amenities: two softball fields, concessions area, restrooms and parking lot adjacent to the softball fields; and WHEREAS, the CITY and the DISTRICT intend to cooperate in the creation, maintenance, repair and improvement of the PARK amenities; and WHEREAS, it is in the best interest of the CITY and the DISTRICT to provide for the joint use of public facilities as much as possible to reduce the tax burden of the CITY and the DISTRICT and for the benefit of the citizens of the CITY and DISTRICT; and WHEREAS, the CITY and the DISTRICT wish to enter into a joint powers agreement to clearly establish each parties' respective rights and responsibilities related to the maintenance and use of the PARK; and WHEREAS, Minnesota Statutes, Section 471.59 and 471.656 provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, and that the agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The DISTRICT shall have priority use of the PARK during school hours. The DISTRICT will retain priority use of PARK for school activities that may occur outside normal school hours. The CITY will not charge the DISTRICT any fees for use of PARK. 2. While the DISTRICT is using the PARK pursuant to the terms of this agreement, the DISTRICT agrees to comply with the park rules for use, operation and supervision of the facility as established by the CITY park rules. DISTRICT policies will be in force during DISTRICT use of PARK. 3. In the event the DISTRICT, in its sole discretion, uses the PARK for DISTRICT events during a CITY- defined closure of the PARK, the DISTRICT will be responsible to repair any damage caused to the PARK during that time. 4. All CITY property situated on or within the PARK shall at all times remain the property of the CITY and the responsibility of the CITY. Correspondingly, all DISTRICT property situated on or within the PARK shall at times remain the property of the DISTRICT and the responsibility of the DISTRICT. Either party wishing to place additional property in the PARK shall first obtain written permission from City Administrator, and/or District Superintendent, to do so. Any such agreement shall become an amendment to this Agreement. 5. The CITY shall keep and maintain the PARK grounds in good order and repair, except as otherwise stated in this agreement. The DISTRICT has a parental notification policy for the application of chemicals. Prior to applying chemicals to the PARK, the CITY shall notify the DISTRICT. The DISTRICT, in accordance with its parental notification policy, shall notify the CITY when the application of chemicals may commence. 6. The CITY shall have the sole responsibility for scheduling the PARK grounds, with the DISTRICT given first priority of scheduling on both fields during the MSHSL Softball Season and summer programming involving Varsity and Junior Varsity practice/camps. Both parties acknowledge that special situations will occur during the MSHSL Softball Season such as scheduling of make-up games due to late spring start, inclement weather and playoff games. The appropriate CITY recreation and DISTRICT Community Education staff shall meet, at minimum, two times annually to discuss season dates and scheduling opportunities for the PARK. 7. Except as otherwise identified in this Agreement, the CITY will provide maintenance and replacement of the defined PARK amenities listed above. The CITY shall have sole responsibility for mowing and stripe the turf on all PARK grounds. The DISTRICT shall maintain the ag-lime infields to their standards for all DISTRICT activities. This infield maintenance includes but is not limited to dragging, chalking, filling and tamping the ag-lime surfaces, maintaining ag-lime/turf lip areas, maintaining bases, base paths, and pitchers plate. Maintenance of the softball fields shall be to a mutually agreed upon standard. 8. The CITY shall be responsible for the maintenance, repair and replacement of the parking lots and other mechanical systems that make up the PARK. 9. The CITY shall be responsible for the maintenance of the irrigation system and field irrigation. The CITY will provide the DISTRICT with reasonable access to the irrigation system and controls when necessary to aid in their infield maintenance during and in preparation for DISTRICT uses. 10. The CITY will equip and maintain the PARK with the following: Lighting on the Primary Field, Outfield Fencing, Warning Track, Bleachers for at least 170 spectators, 20' back stop at primary field and netted with a padded concrete back stop wall, CMU dugouts with precast roof, 10'x12' storage area at both dugouts, Concession Stand, Restrooms, Electrical Power, Scoreboards, Drinking Water, Irrigation, and Hitting Cage. One of the 10'x12' storage areas will be reserved for the DISTRICT's exclusive use. The CITY and the DISTRICT will cooperate in determining whether to add, remove, or replace amenities located in the PARK, and all such additions, removals, or replacements shall be memorialized in writing as an amendment to this agreement. Likewise, the use and responsibilities as stated in this joint powers agreement may be changed or amended only by written amendment to this agreement. 11. The CITY reserves the right to allow unscheduled, general public use of all other amenities located in Lion John Weicht Park during times the DISTRICT is using the PARK defined amenities. Such uses include but are not limited to use of picnic shelters, disk golf, walking, general recreation, and parking. 12. The CITY and the DISTRICT mutually agree to provide liability insurance in amounts not less than the statutory limits established under Minn, Stat. Ch. 466 to protect and indemnify each other from any and all claims for injuries and damages occurred or incurred by virtue of the CITY or DISTRICT use of the facilities identified under this Agreement. Said insurance shall be customarily set by law or industry standards. The CITY and the DISTRICT shall each add the other as an additional insured and provide the other with a certificate of insurance. Said insurance shall not be cancelled without at least thirty (30) days prior written notice to the other party. 13. The CITY shall be responsible for the actions of its employees, agents or contractors performing work under this agreement and shall indemnify, defend and hold harmless the DISTRICT for any claims, actions, or damages resulting therefrom. Nothing contained in this agreement is intended to create and employer/employee relationship between the DISTRICT and the CITY, nor the DISTRICT and employees, agents and contractors of the CITY. 14. The DISTRICT shall be responsible for the actions of its employees, agents or contractors performing work under this agreement and shall indemnify, defend and hold harmless the CITY for any claims, actions, or damages resulting therefrom. Nothing contained in this agreement is intended to create and employer/employee relationship between the CITY and the DISTRICT, nor the CITY and employees, agents and contractors of the DISTRICT. 15. Notwithstanding the indemnification provided under Paragraphs 14 and 15 of this Agreement, the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the DISTRICT and the CITY. 16. Nothing contained in this agreement shall be interpreted as a waiver of any governmental immunity, defenses, or liability caps contained in state law or elsewhere, nor shall this agreement be interpreted to provide for the stacking of any liability limits under state law. 17. This joint powers agreement shall remain in full force and effect until it is either cancelled in writing by either party upon sixty (60) days-notice, or otherwise terminates by operation of law. IN WITNESS WHEREOF, the parties hereto have caused this JOINT POWERS AGREEMENT to be executed the day and year first written above. CITY OF ELK RIVER INDEPENDENT SCHOOL DISTRICT 728 By: By: Its: Its: By: By: Its: Its: Approved as to Form: Its: FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT THIS FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT ("Amendment") is made this day of , 2019, by and between the City of Elk River, a Minnesota municipal corporation (the "City") and Elk River Independent School District No. 728, a Minnesota public corporation ("ISD"). RECITALS A. The City and ISD entered into a Reciprocal Easement Agreement dated July 12,' 1996 and filed of record with the Sherburne County Recorded on November 12, 1996 as Document No, 335340 ("Reciprocal Easement"); B. The parties have exchanged portions of their properties identified in the Reciprocal Easement in order to facilitate certain parking improvements and building expansions that necessitate a revision to the legal descriptions contained in the Reciprocal Easement; C. The parties also desire to revise the number of parking stalls dedicated to the City's use in connection with the expansion and improvement of the parking facilities located on ISD's property; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Amendment to Exhibit A of Reciprocal Easement. Exhibit A is amended in its entirety as attached in Exhibit A-1 to this Amendment. 2. Amendment to Exhibit B of Reciprocal Easement. Exhibit B is amended in its entirety as attached in Exhibit B-1 to this Amendment. 3. Amendment to Section 1.1 of Reciprocal Easement. Section 1.1(a)(1) is amended to read as follows: (1) easements to use the respective parking facilities on each Parcel for the parking of vehicles and passage by pedestrians, subject to the right of the owner of Parcel 1 to designate approximately 75 parking spaces on Parcel 2 for the exclusive use of the Users of Parcel 1 (the "Reserved Parking Area"); 4. Amendment to Section 3.6 of Reciprocal Easement. Section 3.6 is amended in its entirety to read as follows: 1 202422v1 Section 3.6 Notices. Any notice to be given hereunder by either of the parties hereto to the other may be personally delivered, delivered by contract carrier, or may be deposited in the United States mail, registered or certified, postage prepaid and return receipt requested, addressed to the party for whom intended as follows: To the City: City of Elk River 13065 Orono Parkway NW Elk River, Minnesota 55330 Attention: City Administrator To ISD: Elk River Independent School District No. 728 11500 193rd Avenue NW Elk River, Minnesota 55330 Attention: Either party may changes its address at any time by notifying the other in writing, of such change. Service of any notice pursuant hereto shall be deemed complete at the time of delivery. 5. Effect of Reciprocal Easement. The Reciprocal Easement shall remain in full force and effect except as specifically amended herein, [Remainder of page intentionally left blank] [Signature pages to follow] 2 202422v1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the above date. CITY OF ELK RIVER By: John J. Dietz, Mayor And: Tina Allard, City Clerk STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE) The foregoing instrument was acknowledged before me this day of 2019, by John J. Dietz and Tina Allard, respectively the Mayor and City Clerk of the City of Elk River, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 3 202422v1 ELK RIVER INDEPENDENT SCHOOL DISTRICT NO. 728 By: Its: Superintendent STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE) The foregoing instrument was acknowledged before me this day of 2019, by , the Superintendent of the Elk River Independent School District No. 728, a Minnesota public corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 AMP 4 202422v1 EXHIBIT A-1 TO FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT Legal Description of City Property ("Parcel 1") The North 289 feet of the West 383 feet, as measured along the west and north lines respectively, of the Northwest Quarter of the Northwest Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota, lying westerly of a line described as commencing at the northwest corner of said Section 34; thence North 89 degrees 23 minutes 09 seconds East, assumed bearing, along said north line of the Northwest Quarter of the Northwest Quarter of Section 34 a distance of 242.57 feet to the point of beginning of the line to be described; thence South 00 degrees 02 minutes 29 seconds West parallel with said west line of the Northwest Quarter of the Northwest Quarter of Section 34 a distance of 289.00 feet to the south line of said North 289 feet, as measured along the west line of said Northwest Quarter of the Northwest Quarter of Section 34 and said line there terminating. AND That part of the Northwest Quarter of the Northwest Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota, described as commencing at the northwest corner of said Section 34; thence North 89 degrees 23 minutes 09 seconds East, assumed bearing, along the north line of said Northwest Quarter of the Northwest Quarter of Section 34, a distance of 242.57 feet; thence South 00 degrees 02 minutes 29 seconds West, parallel with the west line of said Northwest Quarter of the Northwest Quarter of Section 34, a distance of 289.00 feet to the south line of the north 289 feet of said Northwest Quarter of the Northwest Quarter of Section 34, as measured along the west line of said Northwest Quarter of the Northwest Quarter of Section 34 and the point of beginning of the land to be described; thence South 89 degrees 23 minutes 09 seconds West, along said south line of the north 289 feet of the Northwest Quarter of the Northwest Quarter of Section 34 as measured along the west line of the Northwest Quarter of the Northwest Quarter of Section 34, a distance of 62.57 feet to the east line of the west 180.00 feet of said Northwest Quarter of the Northwest Quarter of Section 34; thence South 00 degrees 02 minutes 29 seconds West, along said east line of the west 180.00 feet of the Northwest Quarter of the Northwest Quarter of Section 34, a distance of 56.00 feet; thence North 47 degrees 51 minutes 00 seconds East 84.45 feet to the point of beginning. AND The North 345.00 feet of the East 278.90 feet, as measured along the east and north lines respectively, of the Northeast Quarter of the Northeast Quarter of Section 33, Township 33, Range 26, Sherburne County. 5 202422v1 EXHIBIT B-1 TO FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT Legal Description of ISD Property ("Parcel 2") The Northwest Quarter of the Northwest Quarter lying north of School Street, of Section 34, Township 33, Range 26, Sherburne County, Minnesota. Except the north 289 feet of the West 383 feet, as measured along the West and North lines respectively, of said Northwest Quarter of the Northwest Quarter of Section 34. Also except that part of the Northwest Quarter of the Northwest Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota, described as commencing at the northwest corner of said Section 34; thence North 89 degrees 23 minutes 09 seconds East, assumed bearing along the north line of said Northwest Quarter of the Northwest Quarter of Section 34, a distance of 242.57 feet; thence South 00 degrees 02 minutes 29 seconds West, parallel with the west line of said Northwest Quarter of the Northwest Quarter of Section 34, a distance of 289.00 feet to the south line of the north 289 feet of said Northwest Quarter of the Northwest Quarter of Section 34, as measured along the west line of said Northwest Quarter of the Northwest Quarter of Section 34 and the point of beginning of the land to be described; thence South 89 degrees 23 minutes 09 seconds West, along said south line of the north 289 feet of the Northwest Quarter of the Northwest Quarter of Section 34 as measured along the west line of the Northwest Quarter of the Northwest Quarter of Section 34, a distance of 62.57 feet to the east line of the west 180.00 feet of said Northwest Quarter of the Northwest Quarter of Section 34; thence South 00 degrees 02 minutes 29 seconds West, along said east line of the west 180.00 feet of the Northwest Quarter of the Northwest Quarter of Section 34, a distance of 56.00 feet; thence North 47 degrees 51 minutes 00 seconds East 84.45 feet to the point of beginning. AND The North 289 feet of the West 383 feet, as measured along the west and north lines respectively, of the Northwest Quarter of the Northwest Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota, lying easterly of a line described as commencing at the northwest corner of said Section 34; thence North 89 degrees 23 minutes 09 seconds East, assumed bearing, along said north line of the Northwest Quarter of the Northwest Quarter 242.57 feet to the point of beginning of the line to be described; thence South 00 degrees 02 minutes 29 seconds West, parallel with said west line of the Northwest Quarter of the Northwest Quarter 289.00 feet to the south line of said North 289 feet, as measured along the west line of said Northwest Quarter of the Northwest Quarter of Section 34 and said line there terminating. AND 6 202422v1 The Northeast Quarter of the Northeast Quarter (NE 1/4 of NE 1/4) except the South Four Hundred Thirty-three (433) feet thereof, Section Thirty-three (33), Township Thirty-three (33), Range Twenty-six (26), Sherburne County, Minnesota. EXCEPT The North 345.00 feet of the East 278.90 feet, as measured along the East and North lines respectively, of the Northeast Quarter of the Northeast Quarter of Section 33, Township 33, Range 26, Sherburne County, Minnesota. 7 202422v1 LAND EXCHANGE AGREEMENT THIS PURCHASE AGREEMENT (the "Agreement") is made this day of , 2019 by and between the CITY OF ELK RIVER, a Minnesota municipal corporation ("City") and INDEPENDENT SCHOOL DISTRICT NO. 728, a Minnesota political subdivision("District"). RECITALS A. City is the fee owner of certain real property, situated in Sherburne County, Minnesota and described on"Exhibit A"hereto ("City Property"). B. The District is the fee owner of certain real property, situated in Sherburne County, Minnesota and described on "Exhibit B"hereto ("District Property"). C. Whereas the City desires to acquire a portion of the District Property legally described in "Exhibit C" attached hereto ("District Exchange Parcel") for expansion of the City's ice arena; D. The District agrees to convey the District Exchange Parcel to the City in exchange for a portion of the City Property legally described in "Exhibit D" attached hereto ("City Exchange Parcel") for reconstruction of the District's parking areas. The City Land and District Land are collectively referred to hereunder as "Properties." NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. SALE AND PURCHASE OF REAL PROPERTY. In consideration of the agreements herein contained, the City agrees that it will convey the City Exchange Parcel to the District (consisting of approximately 31,318 square feet). Concurrently, the District agrees that it will convey to City the District Exchange Parcel(consisting of approximately 75,481 square feet) 2. CITY PAYMENT. The City will compensate the District for the difference between the square footage of the land to be conveyed by the City and the land to be conveyed to the District as follows: A. Reimbursement to District of all future District costs for construction of parking improvements related to the stormwater pond infill pursuant to Paragraph 14B of this Agreement, including, but not limited to the costs of piping, filling of the stormwater pond, class 5 aggregate, paving, and curbing as part of the District parking improvements to be completed in 2020, pending unforeseen circumstances. B. Payment of all costs associated with removal of the existing softball field located on PID 475-133-1102 and all costs associated with the establishment of two Minnesota High 1 201970v8 School League regulation fields (a varsity field and a junior varsity field) in Lion John Weicht Park in 2019, pursuant to plans and specifications. The two fields will be prepared by 292 Design Group, dated May 28, 2019 to be available for District use no later than March, 2021, pending unforeseen circumstances. The parties will, simultaneously with the execution of this Agreement, enter the Joint Powers Agreement attached hereto as Exhibit F, which establishes terms for ongoing maintenance, repair and replacement of the softball fields, as well as other facilities located in Lion John Weicht Park. 3. DEED/MARKETABLE TITLE. Upon performance by the parties of the terms of this Agreement, each party shall execute and deliver a Limited Warranty Deed, conveying good and marketable title of record, to the other party for the respective property to be conveyed, subject to the following Permitted Encumbrances: A. Reservations of minerals or mineral rights by the State of Minnesota, if any; B. Building and zoning laws, ordinances, state and federal regulations; C. The lien of real property taxes and the lien of special assessments and interest due thereon, if any, payable in the year of closing which by the terms of this Agreement are to be paid or assumed by the acquiring party; and D. Any encumbrances shown on the title commitment to which acquiring property has not objected to under Paragraph 5 of this Agreement ("Permitted Encumbrances"). 4. ENVIRONMENTAL ASSESSMENT. As soon as possible after the execution hereof, the City and District shall have the right, if they desire, at their own expense to inspect the respective properties of the other party being exchanged for the purpose of determining whether or not there are any environmental conditions that affect the City Exchange Parcel or the District Exchange Parcel. If the environmental inspection reveals any environmental conditions that are unsatisfactory to the respective party, said party may elect either of the following options: (a) Terminate this Agreement as provided by statute; or (b) Proceed with the terms of this Agreement by waiving the contingency relating to the environmental condition. 5. PHYSICAL INSPECTION. The City and District shall each have the right from time to time prior to the Closing, to enter upon the respective property being acquired, to examine the same and the condition thereof and to conduct such surveys and to make such engineering and other inspections, tests and studies as they determine to be reasonably necessary for their use of the property. All physical inspections shall be at the sole cost and expense of the party making the same. The parties will conduct all examinations and surveys of the respective properties in a manner that will not harm or damage the respective properties so that it cannot be restored to its prior condition or cause any claim adverse to either party, and will restore the 2oi97ovs 2 respective properties to the condition they were in prior to any such examination, immediately after conducting said examination. Subject to the limitation of liability under Minnesota Statutes ch.466, the City and District shall indemnify, defend, and hold harmless each other from any and all claims for injury or death to persons, damage to property or other losses or damages or claims, including, in each instance, reasonable attorney's fees and litigation costs, arising out of the action of any person or firm entering upon the respective properties, which indemnity will survey the Closing and the termination of this Agreement without the Closing having occurred. 6. TITLE EXAMINATION. Title Examination will be conducted as follows: (a) Title Evidence. The City and District as soon as possible after the date of this Agreement, furnish the following (collectively, "Title Evidence") to the other party for the property being transferred by them under this Agreement: (i) Title Commitment. A Commitment for Title Insurance issued by First American Title Insurance Company ("Title Company") for the respective properties including proper searches covering bankruptcies and state and federal judgments, federal court judgment liens in favor of the U.S., liens, and levied and pending special assessments. (b) Title Objections. The City and District shall have 10 business days after receipt of the Title Commitment from the other party to provide the other party with written objections to the commitment. The City and the District shall be deemed to have waived any title objections not made within the 10-day period above, except that this shall not operate as a waiver of either party's covenant to deliver a Deed under this Agreement. (c) Title Corrections and Title Remedies. The City and the District shall have 60 days from receipt of written title objections by the other party to make title marketable for their respective property. Upon receipt of title objections, each party shall, within ten (10) business days, to notify the other of their intention to make title marketable within the 60-day period. Liens or encumbrances for liquidated amounts that can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by either party shall be reasonable, diligent and prompt. Pending correction of title, all payments required herein and the Closing shall be postponed. (d) If notice is given and either party makes title marketable, then upon presentation to the other party of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled Closing Date, whichever is later. (e) If notice is given and either party proceeds in good faith to make title marketable but the 60 day period expires without title being made marketable, the other party 2oi97ovs 3 may declare this Agreement void by notice, neither party shall be liable for damages hereunder to the other. (f) If either party does not give notice of intention to make title marketable, or if notice is given but the 60 day period expires without title being made marketable due to the other party's failure to proceed in good faith, the exclusive remedy is rescission of this Agreement by notice as provided herein. (g) If title is marketable, or is made marketable as provided herein, and either party defaults in any of the agreements herein, the other party's exclusive remedy is to cancel this Agreement as provided by statute. 7. CLOSING. The closing of these transactions will be simultaneous and shall occur on a date mutually agreed to by the parties but not later than July 5, 2019. Each transaction is contingent upon the successful closing of the other transaction. The Closing will take place at the office of the Title Company, or at such other place as may be agreed to by the parties and may be completed through escrow of closing documents and funds with the Title Company. Each party will deliver possession of the respective properties to the other on the Date of the Closing. 8. CITY CLOSING DOCUMENTS. On the Date of the Closing, City will execute and/or deliver to the District, or their successors and assigns, the following (collectively, "City's Closing Documents"), all in form and content reasonably satisfactory to the District: (a) Deed. A limited warranty deed conveying the City Exchange Parcel to the District, free and clear of all encumbrances, except the Permitted Encumbrances as hereinafter defined, and stating there are no wells on the City Exchange Parcel. (b) Title Commitment. A Title Commitment initialed by the Title Company obligating the Title Company to issue the Title Policy to the District, in the form required by this Agreement. (c) Seller's Affidavit. A Minnesota Uniform Conveyancing Blank Form No. 117-M Affidavit of Seller. (d) Non-Foreign Certificate. A non-foreign certificate, properly executed, containing such information as is required by Internal Revenue Code Section 1445(b)(2) and its regulations. (e) IRS Form. A Designation Agreement designating the Title Company as the "reporting person" for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal Revenue Form 8594. (f) Other Documents. All other documents reasonably determined by the District or the Title Company to be necessary to transfer the City Exchange Parcel to the District. 2oi97ovs 4 9. DISTRICT'S CLOSING DOCUMENTS. On the Date of Closing, the District will execute and/or deliver to City the following (collectively, "District's Closing Documents"), all in form and content reasonably satisfactory to City: (a) Deed. A limited warranty deed conveying the District Exchange Parcel to the City, free of all encumbrances except the Permitted Encumbrances as hereinafter defined, and stating there are no wells on the District Exchange Parcel. (b) Title Commitment. A Title Commitment initialed by the Title Company obligating the Title Company to issue the Title Policy to the City, in the form required by this Agreement. (c) Seller's Affidavit. A Minnesota Uniform Conveyancing Blank Form No. 117-M Affidavit of Seller. (d) Non-Foreign Certificate. A non-foreign certificate, properly executed, containing such information as is required by Internal Revenue Code Section 1445(b)(2) and its regulations. (e) IRS Form. A Designation Agreement designating the Title Company as the "reporting person" for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal Revenue Form 8594. (f) Title Documents. Such affidavits of the District, certificates of real estate value or other documents as may be reasonably required by Title Company (as hereinafter defined) in order to record the Deed and issue the Title Policy required by this Agreement. (g) Other Documents. All other documents reasonably determined by City and or the Title Company to be necessary to transfer the District Exchange Parcel to the City free and clear of all encumbrances. 10. PRORATIONS. The City and the District agree to the following prorations and allocations of costs regarding this Agreement: (a) Title Insurance and Closing Fee. The City and the District will each pay all costs of the Title Commitment and Title Insurance premium for a Title Policy for the respective properties they are purchasing and any additional premiums required for the issuance of any title policy that they may desire to obtain. The parties will each pay 1/2 of any reasonable and customary closing fee, escrow fee or charge imposed by the Title Company. Each party will pay the Title Company all fees due the Title Company for drafting any closing documents. 2oi97ovs 5 (b) Deed Tax. The City and the District will each pay all state deed tax, and the agricultural preservation deed tax, if any, for recording their respective Deed to be delivered under this Agreement. (c) Recording Costs. The City and the District will pay the cost of recording all documents necessary to place record title in the condition warranted by the City and the District in this Agreement. Each party will pay the cost of recording their respective Deed and all other documents as hereinafter defined. (d) Real Estate Taxes and Special Assessments. (i) Prior Years' Delinquent Real Estate Taxes and Delinquent Special Assessments. Delinquent real estate taxes payable in years prior to the year of Closing and delinquent installments of special assessments certified for collection with real estate taxes payable in years prior to the year of Closing, together with penalty, interest and costs, shall be paid by the respective party for their property being transfer under this Agreement not later than the Date of Closing. (ii) Real Estate Taxes Payable in the Year of Closing. Real estate taxes for the properties payable in the year of Closing shall be prorated between the City and the District on a calendar year basis to the Date of Closing for their respective properties being transferred. Each party shall pay penalty, interest and costs on any delinquent installment of taxes and special assessments payable in the year of Closing for their respective properties being transferred. (iii) Deferred Real Estate Taxes. Each party shall pay on Date of Closing or provide for payment of any deferred real estate taxes payment of which is required as a result of the Closing and the recording of the respective Warranty Deeds. Provision for payment shall be by payment into escrow of 1.5 times the estimated payoff amount of the deferred taxes. (iv) Certified Special Assessments. All installments of special assessments certified for payment with the real estate taxes payable in the year of Closing shall be prorated by the City and the District for the property being transferred at Closing. (vi) Pending Special Assessments. The City and the District shall provide for payment of special assessments pending as of the date of this Agreement for improvements that have been ordered by the City or other governmental authorities for their respective property being transferred except as provided herein. (vii) Deferred Special Assessments. The City and the District shall pay on the Date of Closing or provide for payment of any deferred special 2oi97M 6 assessments on their respective property being transferred, payment of which is required as a result of the Closing of this Agreement and the recording of the respective Deed. (viii) All Other Levied Special Assessments. The City and the District shall pay on the Date of Closing all other special assessments levied on their respective property being transferred, as of the date of this Agreement subject to the terms of this Agreement. (ix) Taxes and Special Assessments in the Years Following Closing. Each party shall pay real estate taxes payable in the years following Closing and thereafter and special assessments payable therewith, the payment of which is not otherwise provided herein. (e) Attorneys' Fees. Each of the parties will pay its own attorneys' fees. 11. CONDITION OF PROPERTY AND IMPROVEMENTS. Other than the warranties and representations made in this Agreement, the properties to be conveyed under this Agreement are being sold "AS IS" and "WHERE IS" with no express or implied representations or warranties by either party as to physical conditions, quality of construction, workmanship, or fitness for any particular purpose. 12. REPRESENTATIONS AND WARRANTIES. As of the date of this Agreement, the City and the District represent and warrant respectively as follows: (a) No Breach. The consummation of the transactions contemplated by this Agreement will not constitute a default or result in the breach of any term or provision of any contract or agreement to which the City and the District is a party so as to adversely affect the consummation of such transactions. (b) Authority. The execution, delivery and performance of this Agreement by the City and District been authorized and approved by the City and the District, and the persons executing this Agreement on behalf of each party have full authority to bind the respective party to the terms hereof. (c) No Actions. There is no action, suit, legal proceeding, investigation, condemnation or other proceeding pending or threatened against the City or the District which may adversely affect the consummation of the transactions contemplated by this Agreement or affecting any portion of the party's land to be conveyed, in any court, before any arbitrator of any kind or before or by an governmental body. (d) Title to Land and Improvements. Each party hereunder owns the land to be conveyed free and clear of all encumbrances, except for Permitted Encumbrances. 2oi97ovs 7 (e) Defaults. To the best knowledge of each party, the party is not in default concerning any of its obligations or liabilities regarding the land to be conveyed by the party. (f) Non-Foreign Status. The parties hereunder are not a "foreign person," "foreign partnership," "foreign trust" or foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended and the regulations promulgated thereto. (g) Wells. The parties hereunder do not know of any "Wells" on the parcels to be conveyed by the party hereunder within the meaning of Minn. Stat. § 103I. This representation is intended to satisfy the requirements of that statute. (h) Storage Tanks. To the best knowledge of the City and District, no "above ground storage tanks" within the meaning of Minn. Stat. § 116.46 is located in or about the parcels to be conveyed by the respective party. (i) Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. § 115.55, there is no "individual sewage treatment system" within the meaning of that statute on or serving the land to be conveyed by the party hereunder. 0) Miscellaneous. It is a condition of Closing that the representations and warranties contained in this Section 11 are true and correct at Closing. 13. CONDITONS PRECEDENT TO CLOSING. The obligations of the City and the District to proceed to Closing under this Agreement are subject to the following conditions precedent: (a) The City and the District will have performed and satisfied each and all of their respective obligations under this Agreement; (b) Each party's representations and warranties set forth in this Agreement will be true and correct on the Closing Date; (c) Each party will deliver to the other the respective Deed, and other necessary documents in a condition that enables the Title Company to deliver a Title Policy in accordance with this Agreement; (d) Each party has received or will pursue, all necessary approvals for subdivision of the property to be conveyed under this Agreement from any larger parcel the party owns; (e) Each party has submitted or will submit to the County a request to combine the parcels remaining from the subdivision that the party will continue to own with an adjoining parcel owned by the party; 2oi97ovs 8 (g) The City and the District entering into the First Amendment to Reciprocal Easement Agreement attached hereto as Exhibit E, and the Joint Powers Agreement attached hereto as Exhibit F; (i) All contingencies set forth in this Agreement are satisfied. In the event any of the foregoing conditions are not satisfied on the Closing Date, neither the City nor the District will have an obligation to proceed to Closing and, unless the respective party delivers written notice to the other parties that they have waived any unsatisfied condition and will proceed to Closing, this Agreement, upon notice from either party to the other, will cease and terminate. 14. ADDITIONAL TERMS AND CONDITIONS. The City and the District agree that this Agreement is further contingent upon the following terms and conditions: (a) The City will, at the City's cost, establish a stormwater pond on city property identified as PID 75-134-2308 as a replacement of the stormwater pond located on the a portion of the District Property identified as PID 75-124-2308, which the District will remove as part of the District parking improvements and have costs reimbursed in accordance with Paragraph 2a of this Agreement. The pond will be constructed per plans and specifications approved in writing by the District and will be done to provide capacity that meets State and Local requirements to replace the current treatment capacity of the basin and associated increase of impervious surface due in direct result of its removal. The City will be responsible for the management and maintenance of the new stormwater pond as part of the City's stormwater utility system. (b) The City will, at the City's cost on City property, establish two temporary replacement softball fields of District choosing, for the Districts use, consistent with the intended uses detailed in the JPA, attached as Exhibit F, from the date of this agreement until the permanent fields at Lion John Weicht Park are constructed and ready for use. 15. SURVIVAL. All of the terms and provisions of this Agreement, and the covenants, obligations, agreements, representations and warranties contained herein, shall survive and be enforceable after Closing. 16. NOTICES. Any notice required or permitted hereunder will be given if delivered by personal delivery upon an authorized representative of a party hereto; or if mailed by United States registered or certified mail, upon receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized overnight courier, properly addressed as follows: 2oi97ovs 9 If to City: City of Elle River 13065 Orono Parkway Elle River, MN 55330 Attn: City Administrator With Copy to: Andrea McDowell Poehler, Esq. Campbell Knutson, PA Grand Oaks Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Email: aboehler o,ck-law.com If to District: Independent School District No. 728 11500 193rd Ave. N.W. Elk River, MN 55330 Attn: Superintendent With a Copy to: Jay Squires, Esq. Rupp, Anderson, Squires, and Waldspurger 333 South 7th ST., Suite 2800 Minneapolis, MN 55402 Email:jay.squires@raswlaw.com Notices will be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party will start running one business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change ten days before the effective date of such change. 17. MISCELLANEOUS. (a) Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. (b) Entire Agreement; Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the City Exchange Parcel and District Exchange Parcel. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 20197ov8 10 (c) Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. (d) No Waiver. Neither the failure of either party to exercise any power given such party hereunder or to insist upon strict compliance by the other party with its obligations hereunder, nor any custom or practices of the parties at variance with the terms hereof constitutes a waiver of either party's right to demand exact compliance with the terms hereof. (e) Amendments. No amendment to this Agreement will be binding on either of the parties hereto unless such amendment is in writing and is executed by the party against whom enforcement of such amendment is sought. (f) Date for Performance. If the time period by which any right, option or election provided under this Agreement must be exercised, or by which any act required hereunder must be performed, or by which the Closing must be held, expires on a Saturday, Sunday or legal or bank holiday, then such time period will be automatically extended through the close of business on the next regularly scheduled business day. (g) Recording. Neither party will record this Agreement or a short-form of this Agreement without the consent of the other party. (h) Counterparts. This Agreement may be executed in counterparts, in which case all such counterparts will constitute one and the same agreement; however, this Agreement shall not become binding upon any party unless and until executed (whether or not in counterpart)by all the parties. Telecopy or facsimile signatures by the parties will be regarded as valid and binding signatures of the parties. (i) Time of the Essence. Time is of the essence of this Agreement and every term and condition hereof. (j) Severability. This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations, and is intended, and will for all purposes be deemed to be, a single, integrated document setting forth all of the agreements and understandings of the parties hereto, and superseding all prior negotiations, understandings and agreements of such parties. If any term or provision of this Agreement or the application thereof to any person or circumstance is, for any reason and to any extent, held to be invalid or unenforceable, then such term or provision will be ignored, and to the maximum extent possible, this Agreement will continue in full force and effect, but without giving effect to such term or provision. CITY OF ELK RIVER 20197ov8 11 By: John J. Dietz, Mayor And: Tina Allard, City Clerk INDEPENDENT SCHOOL DISTRICT NO. 728 By: Its School Board Chair And: Its School Board Clerk 20197ov8 12 EXHIBIT "A" Legal Description of City Property The North 289 feet of the West 383 feet, as measured along the west and north lines respectively, of the Northwest Quarter of the Northwest Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota, westerly of a line described as commencing at the northwest corner of said Section 34; thence North 89 degrees 23 minutes 09 seconds East, assumed bearing, along said north line of the Northwest Quarter of the Northwest Quarter of Section 34 a distance of 242.57 feet to the point of beginning of the line to be described; thence South 00 degrees 02 minutes 29 seconds West, parallel with said west line of the Northwest Quarter of the Northwest Quarter of Section 34 a distance of 289.00 feet to the south line of said North 289 feet, as measured along the west line, and parallel with the north line of said Northwest Quarter of Section 34 and said line there terminating. AND That part of the Northwest Quarter of the Northwest Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota, described as commencing at the northwest corner of said Section 34; thence South 00 degrees 02 minutes 29 seconds West, assumed bearing, along the west line of said Northwest Quarter of the Northwest Quarter 289.00 feet to the point of beginning of the land to be described; thence North 89 degrees 23 minutes 09 seconds East, parallel with the north line of said Northwest Quarter of the Northwest Quarter 180.00 feet; thence South 00 degrees 02 minutes 29 seconds West, parallel with said west line of the Northwest Quarter of the Northwest Quarter 230.00 feet; thence South 89 degrees 23 minutes 09 seconds West, parallel with said north line of the Northwest Quarter of the Northwest Quarter 180.00 feet to said west line of the Northwest Quarter of the Northwest Quarter; thence North 00 degrees 02 minutes 29 seconds East along said west line of the Northwest Quarter of the Northwest Quarter 230.00 feet to the point of beginning. AND The North 289 feet of the East 88 feet, as measured along the East and North lines respectively, of the Northeast Quarter of the Northeast Quarter of Section 33, Township 33, Range 26, Sherburne County, Minnesota, EXCEPTING therefrom the following described parcel: That part thereof lying southwesterly of the line connecting the Southeast corner of said North 289 feet of the East 88 feet with the Southwest corner of the North 222 feet of said East 88 feet of the Northeast Quarter of the Northeast Quarter. 2oi97M 13 EXHIBIT `B" Legal Description of District Property Parcel 1: The Northwest Quarter of the Northwest Quarter lying north of School Street, in Section 34, Township 33, Range 26, Sherburne County, Minnesota. Except the North 289 feet of the West 383 feet, as measured along the West and North lines respectively, of said Northwest Quarter of the Northwest Quarter of Section 34. Also except that part of said Northwest Quarter of the Northwest Quarter of Section 34, described as commencing at the northwest corner of said Northwest Quarter of the Northwest Quarter; thence South 00 degrees 02 minutes 29 seconds West, assumed bearing, along said west line of the Northwest Quarter of the Northwest Quarter 289.00 feet to the point of beginning of the exception to be described; thence North 89 degrees 23 minutes 09 seconds East, parallel with said north line of the Northwest Quarter of the Northwest Quarter 180.00 feet; thence South 00 degrees 02 minutes 29 seconds West, parallel with said west line of the Northwest Quarter of the Northwest Quarter 230.00 feet; thence South 89 degrees 23 minutes 09 seconds West, parallel with said north line of the Northwest Quarter of the Northwest Quarter 180.00 feet to said west line of the Northwest Quarter of the Northwest Quarter; thence North 00 degrees 02 minutes 29 seconds East along said west line of the Northwest Quarter of the Northwest Quarter 230.00 feet to the point of beginning. AND The North 289 feet of the West 383 feet, as measured along the west and north lines respectively, of the Northwest Quarter of the Northwest Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota, lying easterly of a line described as commencing at the northwest corner of said Section 34; thence North 89 degrees 23 minutes 09 seconds East, assumed bearing, along said north line of the Northwest Quarter of the Northwest Quarter 242.57 feet to the point of beginning of the line to be described; thence South 00 degrees 02 minutes 29 seconds West, parallel with said west line of the Northwest Quarter of the Northwest Quarter 289.00 feet to the south line of said North 289 feet, as measured along the west line and parallel with the north line of said Northwest Quarter of Section 34 and said line there terminating. Parcel 2: The Northeast Quarter of the Northeast Quarter (NEI/4 of NEI/4) except the South Four Hundred Thirty-three (433) feet thereof, Section Thirty-three (33), Township Thirty-three (33), Range Twenty- six (26), Sherburne County, Minnesota. EXCEPT The North 289 feet of the East 88 feet, as measured along the East and North lines respectively, of the Northeast Quarter of the Northeast Quarter of Section 33, Township 33, 2oi97M 14 Range 26, Sherburne County, Minnesota, EXCEPTING therefrom the following described parcel: That part thereof lying southwesterly of the line connecting the Southeast corner of said North 289 feet of the East 88 feet with the Southwest corner of the North 222 feet of said East 88 feet of the Northeast Quarter of the Northeast Quarter. Parcel 3: The South Four Hundred Thirty-three (433) feet of the Southeast Quarter of the Southeast Quarter (SEI/4 of SEI/4), of Section Twenty-eight (28) Township Thirty-three (33), Range Twenty-six (26), Sherburne County, Minnesota. AND That part of the Southeast Quarter of the Southeast Quarter (SEI/4 of SEI/4) of Section Twenty- eight (28), Township Thirty-three (33), Range Twenty-six (26) lying southerly of the following described line: Beginning at a point on the East line of said SEI/4 of the SEI/4 a distance of 1102.14 feet North of the Southeast corner thereof, thence Westerly to a point on the West line of said SEI/4 of the SEI/4 a distance of 1095.99 feet North of the Southwest corner thereof, and there terminating. Excepting therefrom the South 433 feet of the above described property as measured at right angles to the South line of said SE 1/4 of the SEI/4, Sherburne County, Minnesota. AND That part of the Southeast Quarter of the Southeast Quarter, Section 28, Township 33, Range 26, Sherburne County, Minnesota lying Northerly of a line described as beginning at a point on the East line of said Southeast Quarter of the Southeast Quarter a distance of 1102.14 feet North of the Southeast corner thereof, thence Westerly to terminate at a point on the West line of said Southeast Quarter of the Southeast Quarter a distance of 1095.99 feet North of the Southwest corner thereof. 2oi97M 15 EXHIBIT "C" Legal Description of District Exchange Parcel That part of the Northwest Quarter of the Northwest Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota, described as commencing at the northwest corner of said Section 34; thence North 89 degrees 23 minutes 09 seconds East, assumed bearing, along the north line of said Northwest Quarter of the Northwest Quarter of Section 34, a distance of 242.57 feet; thence South 00 degrees 02 minutes 29 seconds West, parallel with the west line of said Northwest Quarter of the Northwest Quarter of Section 34, a distance of 289.00 feet to the south line of the north 289 feet of said Northwest Quarter of the Northwest Quarter of Section 34, as measured along said west line the said Northwest Quarter of the Northwest Quarter of Section 34 and the point of beginning of the land to be described; thence South 89 degrees 23 minutes 09 seconds West, along said south line of the north 289 feet of the Northwest Quarter of the Northwest Quarter of Section 34 as measured along the west line of the Northwest Quarter of the Northwest Quarter of Section 34, a distance of 62.57 feet to the east line of the west 180.00 feet of said Northwest Quarter of the Northwest Quarter of Section 34; thence South 00 degrees 02 minutes 29 seconds West, along said east line of the west 180.00 feet of the Northwest Quarter of the Northwest Quarter of Section 34, a distance of 56.00 feet; thence North 47 degrees 51 minutes 00 seconds East 84.45 feet to the point of beginning. AND The North 345.00 feet of the East 278.90 feet, as measured along the east and north lines respectively, of the Northeast Quarter of the Northeast Quarter of Section 33, Township 33, Range 26, Sherburne County, Minnesota EXCEPT The North 289 feet of the East 88 feet, as measured along the East and North lines respectively of the Northeast Quarter of the Northeast Quarter of Section 33, Township 33, Range 26, Sherburne County, Minnesota EXCEPTING therefrom the following described parcel: That part thereof lying southwesterly of the line connecting the Southeast corner of said North 289 feet of the East 88 feet with the Southwest corner of the North 222 feet of said East 88 feet of the Northeast Quarter of the Northeast Quarter. 2oi97M 16 EXHIBIT "D" City Exchange Parcel The South 174.00 feet of the North 519.00 feet of the West 180.00 feet, as measured along the west and north lines respectively, of the Northwest Quarter of the Northwest Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota. 2oi97M 17 EXHIBIT "E" FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT 20197ov8 18 EXHIBIT "F" A JOINT POWERS AGREEMENT FOR THE MUTUAL USE AND MAINTENANCE OF LION JOHN WEICHT PARK 20197ov8 19 City of Elk City of Elk River Wver City Council Resolution 19- A Resolution of the City Council of the City of Elk River Approving a Land Exchange Agreement with Independent School District No. 728 WHEREAS, the City of Elk River ("City") desires to acquire approximately 74,481 square feet of real property owned by Independent School District No. 728 ("District") in exchange for City for approximated 31,381 square feet for District parking lot improvements pursuant to the terms and legal descriptions provided in the attached Land Exchange Agreement, attached hereto as Exhibit A ("Agreement"); WHEREAS, pursuant to the terms of the Agreement, the City will compensate the District for the difference between the square footage of the land to be conveyed by the City and the land to be conveyed by the District as follows: i. Payment for removal of the stormwater pond located on District property identified as PID 75-124-2308 which the District will remove as part of the District parking improvement,reestablishment of the stormwater pond on city property, and payment of future District costs for construction of parking improvements within the square footage of the stormwater pond to be removed; ii. Payment of costs for removal of an existing softball field on District property and re-establishment of a Minnesota High School League regulation field, together with other amenities,in Lion John Weicht Park pursuant to the City plans and specification prepared by 292 Design Group, dated May 28, 2019, to be available for District use pursuant to the Joint Powers Agreement attached to the Agreement. WHEREAS, the Planning Commission has reviewed the proposed land exchange and has determined that it is consistent with the City's comprehensive plan; WHEREAS, the City finds that the sale of the City property and acquisition of the District Property as provided in the Agreement is in the public's interest and furthers the aims and purposes of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,Minnesota, as follows: The land exchange under the terms provided in the Agreement is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver all necessary documents required under the terms of the Agreement. Passed and adopted this 1" day of July, NATUREJ John J. Dietz,Mayor ATTEST: Tina Allard, City NATUREI Exhibit A NATUREI a� CYj y CR ^C1 tn au m a O v Cd tn W i p G C C cid vs O u O �+ v O C, cd 7b cm oe 0 L � O 'can H o Cl. o Q Qj 74 Cd aj lb, p. N vi zj u zi O 4-1u + v u ' -� Q a� v 75 q O —a cal a� cam " V O cin1-4 vO u �• t'"s `n Q v � rn LinN r o ° Q 6.4 �c C7 > L W U W4 o � M T W John Multipurpose WeichtPark ImprovementsFacility and Lion Multi Purpose Facility Lion John WeichtPark rd ••••••Cost to expand refrigeration system to accommodate Lighting of second softball fieldRadiant InInfrared HeatCommissioning Lease space (also temp team rooms)upgrade is to be included in the projectfuture 3Includes:••••••••SAC/WAC FeesFurniture/Concessions EquipmentDasher boards/FlooringSecurity/Data/Audio/ScoreboardsSenior CenterContingencyProject UpgradesStorm Piping to Lions Parkice sheet: -Floor Heat$505,657$1,500,000$1,500,000$310,151$200,000 (Allowance)$454,180$135,000$120,000$100,000$100,000 ••Design team needs direction from City Council if this Additional AC for Arena 1$276,772 Refrigeration System ExpansionAdd Alternates to Consider at Bid Time From May 6, 2019 Construction Total Project EstimateCost Estimate$25,639,132$27,564,097 Owner Costs$1,924,965 Multipurpose Facility and Lion John Weicht Park Estimate Rebid$165,042$314,914$136,195$108,946 $25,839,009 $27,736,723 Declined$1,897,714 Guaranteed Maximum Price Land Exchange Land Exchange 3.7.6.4.contracts to RJM;Approvewith ISD 728;AdoptApproveApprove, by motion, a resolution approving Land Exchange Agreement , by motion, design fee adjustment for 292 Design Group; , by motion, special meeting at 4:00 p.m., July 10, 2019, for , by motion, Joint Powers Agreement with ISD 728; 1.5.2.Approveground breakingAgreement with ISD 728;ApproveAdopt, by motion, a resolution awarding bid packages and reassigning , by motion, Guaranteed Maximum Price for project; Actions