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9.1. PRSR 02-13-2008/i City of Elk ~ REQUEST FOR ACTION River To Item Number Park and Recreation Commission 9.1 Agenda Section Information Update Items Meeting Date February 13, 2008 Prepared by Bill Maertz, Parks and Recreation Director Item Description Recommend Approval of Agreement with Spectrum High School Action Requested Recommend approval of agreement with Spectrum High School Background/Discussion Attached, please find a proposed agreement between Spectrum High School and the City of Elk River. At the December 2007 Park and Recreation Commission meeting the Commission agreed in principal to make a recommendation to the City Council that city access to athletic facilities be accepted in lieu of park dedication fees. Financial Impact Park dedication fees for this plat would amount to $100,000. The complete build out of the proposed facilities would likely exceed $1,000,000. Attachments Site Plan of Proposed Athletic Facilities Proposed Joint Use agreement Action Motion by Second by Vote Follow Up S:\PARKS & RECREATION\02 13 08 Packet\Spectrum High School Memo.doc x 4 1 ~ i ,~ ~ ~ ~ ~ o ~ ~ A - u ~ f ' )(m ~ r ~ x ... .. { A i ,. ~~ x~ _ i Y l fit. Y 3r .`. .~Y ~f. Z'~'1 Y Y 1 ~t~,...-Y. ,~r .W~y..Y_1~~1`~ ~`f Y 'T` `(_,Y,..,~. Y.-1 f / ~ ~i ~ ~ PROPERTY UNE W E ~`x ov :l . . 1. , g- ~ ~ ~ r :~ ~,~ Ir . is 1 1 1 1 1 1 1 !yr 1-~- ~~; r l /;;. I `~ ~ 7 Irk "+utcr^~'~.~ P I OON ~ '~~ C o `1 ~` ~~.. I ` O y t ., ~ m ova .~ ~+ ~ ~~~~'~ ~ ~ ~ k I ° ~. t ~ >.., PN ~ ~ ~ ~' `~- ~ I -+ 1 ill k ~ , I -. ~ m ., • ,- c m~ w o ~ ~ a- r~oc / y - ~ ~'g~ \ 4~~, ' i ~y I ~ yp ! 1 E~ 5tii ( ~ ~I ~ x { ~ i c ~ JY ~ ~ li ~t p , p ~ Y~' I ---- '-- --- --- ~ ~ ~ ~ ~~ ~ ~ ~~ ~,,'r ~ ~~ I 1 _ -1- -_ I 1 X i ,r u ~+ 1 1 _ _.I__ I _. 1 ~ ~~1 _______ _ __ ___ _ "'.." 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Iyy ~ 1 I t ;I, - ~ ~ o `,~ ~ ~. ~ ~, ~~~ ~ t, q a. ~ r .~ ~_ vP i 1 ~o z : i a m V~ ~ ~ © p i x` ; x /' ~,.~. ~ x ; ~ xl m ~.~ ~~ ~~I ~ ~ ~~ ,x~ ~. ~ I J o m L ~ ~; ~~~ "sx ~~ ~ ~ N ~ - ,~ /'~ i ~~~Qpt td~14~"l~~ I ~ ~ T ~ ~ ~ ~ ~ I I ( I ~ }j{I -r' N II{{ ~ A ~ ~ '0 tg9~ ~t t5t ~ t , ~ I I f I ~ ~ ~ I ( I I I I ~ ~ ~ ``~Y ~ y~ '+ D ~ ~~~,,~~R~~~I~~a ~~~~q~ ~ ~~~ ~~~~ ~~~~ m ~~~ ~~~ ~ ~ ~ ~ °ti 6tt~~~ g5 ~ ~ ~ ~ e ~ ~ s ~ s z ~ ~~ ~i~, ~A~ ~i9 ~ ~i ~ p ~ ~ ~ ~ ~ ~ ~ e d ~ a~°~~~~~ ~~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ DATE REN9QN5' BY OVMER/DEVELOPER PR9.t~INARY EXPAN810N PLAN ` ' R CQpA~EB 1/ 0 7 y 19IJ0 EVANS STREET, SUITE 115 SPEC~M HIGH SCHOOL '~` EUf RIVER YYRSOTA PHONE: 753-211-1101 tiK ~~ - TA ATTN: Edrard Youngqulel 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 Schooll 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 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 or dedication waiver will be revoked. The City shall have a lien against the Property for the amount of the park dedication payment until the waiver is final. 3. Maintenance. The City shall be responsible for the reasonable upkeep care and maintenance of the turf areas of the athletic fields and irrigation systems. The reasonable upkeep, care, and maintenance of the appurtenances, fencing, tennis courts, basketball courts and parking lot, shall be the responsibility of the High School. 4. Use and Scheduling. 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 fields for use by the High School. At all other times, the fields 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. Parking 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 are 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. Recording. 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 Its Mayor By Its City Administrator STATE OF COUNTY OF by a By Its By Its, )ss This instrument was acknowledged before me on ,the on behalf of the 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 of THIS INSTRUMENT DRAFTED BY: Gray, Plant, Mooty, Mooty & Bennett, P.A. 500 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Notary Public EXHIBIT A The Property EXHIBIT B The Facilities