5.3. SR 03-17-2008Elk REQUEST FOR ACTION
River
To Item Number
Ci Council 5.3.
Agenda Section Meeting Date Prepared by
Administration March 17, 2008 Bill Maertz, Parks and Recreation
Director
Item Description Reviewed by
Requesting Approval of Agreement fox Joint Athletic Facility Lori ohnson Ci Administrator
Use with Spectrum High School Reviewed by
Action Requested
Consideration of Agreement for Joint Athletic Facility Use with Spectrum High School
Background/Discussion
Attached, please find a proposed agreement between Spectrum High School, a Minnesota public charter
School, and the City of Elk River. Spectrum High School approached staff with a proposal for joint
facility use in summer of 2007. The Park and Recreation Commission reviewed a draft agreement and
suggested some revisions to protect the public's interest At the Febniarv 2008 Park and Recreation
Commission meeting, the Commission voted to make a recommendation to the City Council that dry
recreational use of athletic facilities be accepted in lieu of park dedication fees.
• Facilities must be constructed in a manner consistent with city of Elk River park and
recreation facilities.
• Upon substantial completion of the athletic facilities, the uty would waive the park
dedication payment normally payable before a final plat is released.
• Reasonable construction progress, to exceed the value of the park dedication, must be
accomplished within 3 years ox dedication waiver will be revoked.
• The city shall have a lien against the property fox the amount of the park dedication payment
until the waiver is final.
• The city will maintain the turf and irrigation of the athletic fields. The reasonable upkeep,
care and maintenance of the appurtenances, fencing, tennis courts, basketball court and
parking lot shall be the responsibility of Spectrum High School.
• The city shall be responsible for scheduling the facilities. The high school will have first
preference and priority of schedule. At all other times the facilities shall be scheduled and
used by the city or groups scheduled by the City. The parking lot may be used by the City in
conjunction with use of the facilities when high school functions are not scheduled.
This agreement would provide access to the school's athletic facilities fox park and recreation programs,
youth athletic associations and the general public. There is cuxxendy a high demand for additional field
time by youth athletic associations. Staff believes that this agreement would increase the inventory of
available athletic facilities in a cost effective manner.
This agreement has been reviewed by Charles Wilson of Gray, Plant Moody.
S:\Couttcil\Spettrum anon xequested.doc
Financial Impact
Park dedication fees fox this plat would amount to $94,500. The complete build out of the proposed
facilities will likely exceed $1,000,000.
Attachments
^ Draft Agreement
^ Athletic Facility concept Plan
Action Motion by _ Second by _ Vote
Follow Up
C:\Dncuments and Settings\jjohnson\Local Settings\Temporary Internet Files\OLK49\Spectmxn action cequested.doc
Declaration of Easements Covenants and Restrictions
Regarding Athletic Facility Joint Use
THIS AGREEMENT made and entered into this day of
2008, by and between the SPECTRUM High School, a Minnesota
charter school ("Academy"), and the CITY OF Elk River, a municipal corporation
("City'>).
RECITALS:
A. It is the desire of the High School to enter into agreement with the City to
allow for joint recreational use of certain property owned by it, described
hereafter.
B. It is the desire and intent of the parties, by this agreement, to establish certain
rights and obligations of the High School and the City, with regard to the use,
operation, and maintenance of the property and other related matters.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES, AS FOLLOWS:
1. Improvements. The High School will develop athletic facilities on the
property described on Exhibit A ("Property"), attached hereto, and
incorporated herein by reference. These facilities shall be of high
quality, consistent with ball fields and appurtenances maintained by
the City's Parks and Recreation Department. The general location of
the fields so constructed shall be as shown on the final plat of the
property on file with the City. These athletic facilities are shown on
Exhibit B ("Facilities").
2. Park Dedication Upon substantial completion of the athletic facilities
construction, the City will waive the pazk dedication payment
normally payable before a final plat is released. Reasonable
construction progress, to exceed the value of the pazk dedication, must
be accomplished within 3 yeazs or dedication waiver will be revoked.
The City shall have a lien against the Property for the amount of the
pazk dedication payment until the waiver is final.
3. Maintenance. The City shall be responsible for the reasonable upkeep
care and maintenance of the turf azeas of the athletic fields and
irrigation systems. The reasonable upkeep, Gaze, and maintenance of
the appurtenances, fencing, tennis courts, basketball courts and
parking lot, shall be the responsibility of the High School.
4. Use and Scheduline. The City shall be responsible for scheduling the
use of the athletic facilities. The High School shall have first
preference and priority over all other users of the facilities for use by
the High School. At all other times, the facilities shall be scheduled
and used by the City as part of its parks and recreation programs. It is
contemplated that the City's Parks and Recreation Director and the
High Schools Director, or their designees, shall enter into
memorandum agreements, from time to time, as they may agree,
regarding such use and scheduling to supplement this paragraph.
5. Pazkin¢ Lot Use. So long as the High School or any successor shall
operate a school on the premises adjacent to the athletic facilities, the
parking lot may be used by the City for parking purposes in
conjunction with its use of the fields on the property, during times
when High School functions aze not scheduled.
6. Successors. In the event the High School merges with another
institution, sells its land or buildings adjacent to the dedicated
property, or in any other way changes its identity, the rights and
obligations of this agreement shall be binding on the successor
organization.
7. Liability Insurance. Liability insurance or self insured coverage for all
damages arising out of the City's use and operation of the dedicated
property shall be established in the same manner and amount as for all
other parks and recreational facilities maintained by the City. The
High School shall maintain at least $600,000.00 liability insurance
covering its use of the fields and shall provide a certification of such
insurance if required by the City.
8. Recordine. This agreement shall be filed wit the County Recorder and
shall run with the land and be binding on the parties and their
successors in title.
9. Grant and Termination. The High School hereby grants to the City a
non-exclusive easement to use the athletic facilities as part of its park
and recreational programs for all purposes the City determines are
appropriate as part of its programs. This agreement can be terminated
by the then owner of the property by paying the park dedication fee
that would be applicable to the plat for the Property as of the date of
termination.
IN WITNESS WHEREOF, the parties have executed this agreement the day and
year first above written.
CITY OF ELK RIVER SPECTRUM High School
A MINNESOTA CHARTER SCHOOL
By
By
By
Its Mayor Its
Its City Administrator
By
STATE OF )
)ss
COUNTY OF )
by
a
This instrument was acknowledged before me on
,the
> on behalf of the
of
Notary Public
STATE OF
COUNTY OF
This instrument was acknowledged before me on
by and ,the Mayor and
the City of Elk River, a municipal corporation, on behalf of the corporation.
of
Notary Public
THIS INSTRUMENT DRAFTED BY:
Gray, Plant, Moory, Mooty & Bennett, P.A.
500 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
EXHIBIT A
The Property
EXHIBIT B
The Facilities
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