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Home My WebLink About15.B.2. Joint Powers Agreement with School Dist 720 /5.(3. '-. CITY OF SHAKOPEE MEMORANDUM ,~,n NSENT t$U' To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Meeting Date: August6,2003 Subject: Joint Powers Agreement Between the City of Shakopee and Independent School District #720 INTRODUCTION City Council is asked to approve the Joint Powers Agreement with Independent School District #720 for improvements related to the construction of the City's soccer complex. DISCUSSION As a result of the construction of the soccer complex, the City has the opportunity to work cooperatively with the School District to make improvements on the School District's property that will benefit the City. First, as part of the construction of the soccer complex, the City has the opportunity to use on-site fill to level the existing school activity field. This would provide an additional play field for current and future use by the City. It is also projected to reduce the project cost because it eliminates the need to haul this fill away. Second, the City would install and operate an irrigation system on School District property. As a policy, the District doesn't provide irrigation for activity fields at their elementary school sites, so the City would be paying these costs as part of the project. (The District has agreed to contribute toward the cost of the well.) The City would also maintain this system in the future. Given the significant use of this school facility by the City, staff believes that this is a worthwhile investment both for our current use, and future increased use with the construction of the additional field. Cost for installation of the irrigation system (included in the Soccer Complex construction project) is $17,112.26. Since we are using a well, staff estimates that it will cost approximately $250/year to operate and maintain this portion of the irrigation system. ALTERNATIVES 1. Enter into agreement with Independent School District #720 for improvements related to construction of the City's soccer complex as specified in the proposed agreement. 2. Enter into agreement with Independent School District #720 for improvements related to construction of the City's soccer complex with changes. 3. Do not enter into agreement. 4. Table for further information. RECOMMENDATION Alternative #1. REQUESTED ACTION Move authorize appropriate City officials to enter into agreement with Independent School District #720 for improvements related to the City's soccer complex. JOINT POWERS AGREEMENT BETWEEN CITY OF SHAKOPEE & ISO #720 FOR IMPROVEMENTS TO SUN PATH SCHOOL GROUNDS THIS AGREEMENT made and entered into this day of , 20----1. by and between the CITY OF SHAKOPEE, a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred to as "CITY", and Independent School District No. 720, hereinafter referred to as "SCHOOL"; and WITNESSETH: WHEREAS, the CITY OF SHAKOPEE has constructed and operates facilities within its Parks and Recreation System which are made available for a multitude of active and passive recreation and education activities; and WHEREAS, the SCHOOL has constructed similar facilities and operates among other education programs and activities, a physical education program, extra curricular activities programs, intramural programs, junior varsity and varsity events, community education programs, and athletic programs; and WHEREAS, the CITY and the SCHOOL acknowledge in consideration of this Agreement certain further and additional agreements, activities, and understandings may be reached from time to time by CITY and SCHOOL for use of lands and properties and the maintenance of the same. NOW, THEREFORE, it is hereby agreed by and between CITY and SCHOOL as follows: 1. The CITY and SCHOOL mutually agree to provide liability insurance to protect and indemnify each other from any and all claims for injuries or damages occurred or incurred by virtue of the CITY or SCHOOL'S use of the facilities identified under this Agreement, but in any event, shall provide for personal injury liability of not less than $1,000,000.00 per occurrence. 2. The City shall be permitted to construct a full size soccer field at Sun Path School on 5 acres adjacent to the School's east property line and the northwest property line of the City Park as per the plans approved by the District. The School District retains unlimited use of the property for school programs and activities. The City, by this agreement, has 1st priority use after the District's needs. 3. The City shall assume full cost for the construction of the field including grading, seeding, irrigation and any appurtenant work related to the project. During construction the District shall have use of City fields south of Sun Path for school programs and activities. 4. The School acknowledges a benefit for maintaining good turf on its athletic facilities and, therefore, agrees to participate in a cost sharing arrangement for the installation of a non-potable well to serve the School, City and the Shakopee Area Catholic Education Center (SACEC) grounds. The City shall assume forty- five percent (45%) of the costs, SACEC forty percent (40%) of the costs, and School fifteen percent (15%) of the costs not to exceed $6000. This contribution will allow the District to use the well for future irrigation purposes, if capacity is available, with the District paying a proportional share of the operational costs. 5. The School shall not be responsible for maintenance, repairs and operation costs of the City's irrigation system placed on Sun Path School fields. 6. This Agreement shall be separate from other joint agreements between the City and School. 7. This Agreement shall be interpreted under the laws of the State of Minnesota and the covenants, stipulations and conditions herein contained shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto and may be amended if necessary to comply with statutory or regulatory requirements that may be required of the parties. IN WITNESS WHEREOF, the parties hereto have caused these presence to be executed the day and year first above written. CITY OF SHAKOPEE By: Its: By: Its: By: Its: INDEPENDENT SCHOOL DISTRICT #720 By: By: Its: Its: