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Home My WebLink About15.B.3. Joint Powers Agreement with SAC Education Center JS.(3.~ . CITY OF SHAKOPEE CONSENT MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Natural Resource Director Subject: Joint Powers Agreement Between the City of Shakopee and Shakopee Area Catholic Education Center Date: August 5, 2003 INTRODUCTION The City Council js asked to approve the Joint Powers Agreement between the City of Shakopee and the Shakopee Area Catholic Education Center for shared use of parking facilities, roadways, and a well to service the irrigation systems. BACKGROUND For two years, City staffhas been working with the new Shakopee Area Catholic Education Center (SACEC) on a joint agreement that would allow both entities use of each other's parking lot and roadway and to share in the cost of installing and operating a well to service the irrigation systems. The summary of the AGREEMENT and ADDENDUM is as follow: . The roadway that enter into the City Park from 17th A venue and the roadway that enters SACEC's property from Indepen,dence Drive will connect and open to users of both facilities. . The CITY and SACEC will share usage of their parking lots for recreational sports programs, teacher conferences, special event and/or church related activities. Proper notification of such events shall be coordinated by the Parks and Recreation Office and SACEC'S Administration. . The CITY, SACEC and SCHOOL DISTRICT will share in the costs to install a well to service the irrigation systems on CITY, SACEC and SCHOOL DISTRICT properties. However, the School District is not responsible for the operation and maintenance of the irrigation system on Sun Path School Property Athletic Fields. 0 The CITY shall assume 45% of the cost for well installation and appurtenant work. 0 The SACEC shall assume 40% of the cost for well installation and appurtenant work. 0 The Shakopee Public Schools shall assume 15% of the cost for well installation and appurtenant work. 0 The City and SACEC will be responsible for all maintenance and repairs of their own irrigation systems and facilities. RECOMMENDATION Staff recommends that the City Council authorize the appropriate City officials to enter into Agreement the Shakopee Area Catholic Education Center. ACTION REQUESTED Move to authorize the appropriate City officials to enter into Agreement the Shakopee Area Catholic Education Center. ~~ Mark J. McQuil an Natural Resource Director . / JOINT POWERS AGREEMENT BETWEEN CITY OF SHAKOPEE AND SHAKOPEE AREA CATHOLIC EDUCATION CENTER THIS AGREEMENT made and entered into this .3 0 -rH day of JdG.~ ,20-'ll....s. by and between the CITY OF SHAKOPEE, a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred to as "CITY", and SHAKOPEE-AREA CATHOLIC EDUCATION CENTER, hereinafter referred to as "SACEC"; 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 SACEC is constructing similar facilities and operates among other education programs and activities, a physical education program, extra curricular activities programs, intramural programs, community education programs, and athletic programs; and WHEREAS, the CITY 'and SACEC shall cooperate in the construction of adjoining facilities so they are compatible and beneficial to both parties, and WHEREAS, the CITY and the SACEC each shall pursue their projects with full acknowledgement that issues such as shared parking, shared access, construction of facilities, maintenance, and use of facilities are consistent with the provisions outlined in this Agreement, and WHEREAS, the CITY and the SACEC acknowledge in consideration of this Agreement certain further and additional agreements, activities, and understandings may be reached from time to time by CITY and SACEC for use of lands and properties and the maintenance of the same. NOW, THEREFORE, it is hereby agreed by and between CITY and SACEC as follows: 1. The CITY and SACEC 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 SACEC'S use of the facilities identffied under this Agreement, but in any event, shalf provide for personal injury liability of not less than $1,000,000.00 per occurrence. 2. This Agreement shall be valid through December 31,,2005, and may be modified through mutual agreement or dissolved by written 90-day notice by either party. The agreement shall automatically renew on an annual basis upon expiration of the initial term of the agreement, unless modified by mutual agreement or dissolved by written 90-day notice by either party. 1 3. The CITY and SCHOOL do hereby agree to the following: SHARED ACCESS A. SACEC shall construct an access from Independence Drive onto SECEC property and will connect with City's road access from 17th Avenue. The City shall construct an access from 17th Avenue to connect to SACEC'S road access from Independence Drive. The roadway shail be open for public use unless specified within this Agreement. B. SACEC shall be responsible for all related construction costs for the a~s road from Independent Drive. The City shall be responsible for all related construction costs for the access road from 17th Avenue. C. The access driveways shall be 32'-0" wide and built to City standards of a 7 ton roadway. Both sides of the roadway shall have curb and gutter, and parking on one side of the roadway. Both parties shall be responsible for maintaining and repairing their own roadways. D. The City, at this time, does not anticipate plowing its roadway during the winter months and, therefore, SACEC may plow the City's roadway for access to 17th Avenue at its own expense. . E. During the school year, SACEC may restrict access to Independent Drive during school bus pickup and drop-off times at approximately 7:00 AM to 9:00 AM and 2:00 PM to 4:00 PM. SACEC shall be responsible for providing its own gate or barriers for traffic control.. The City may restrict or limit access to 17th Avenue for special events such as tournaments. . SHARED PARKING A. SACEC shall provide approximately 100 off street parking stalls as required by City Ordinance. "It is anticipated that the City shan construct a parking lot . in its park consisting of approximately 200 stalls adjacent to the SACEC'S parking lot, so as to serve an anticipated use." The City and SACEC mutually agree to share usage of each others parking facilities for recreational sports programs, teacher conferences, special event and/or church related activities. Proper notification of such events shall be coordinated by the Parks and Recreation Office and SACEC'S Administration. B. SACEC shall be responsible for all related construction costs for its parking lot and the City shall be responsible for all related construction costs for its parking lot. C. Both parties shall be responsible for maintaining and repairing their own roadways. D. The Crty, at this time, does not anticipate plowing its parking lot during the winter months and, therefore, SACEC may plow the City's parking lot for overflow parking, but may do so at its own expense. SHARED WELL A. It is the intention of the Crty and SACEC to pursue an equitable cost sharing arrangement to install a well for the irrigation of City parkland and SACEC grounds.' Installation and m3inton:::moo oostG of the 'Nell i3 based on 8 50% I ~1#' ? Y split er a 330/0 splil if Shakepoe P"B1iG Sohoels pafliei\>8lC!l in the sh....d weQ. rql Energy costs to operate the system will be the responsibility of each respective party, proportionate to the usage and benefit received. B. The City and SACEC shall be responsible for the costs associated with the instatlation of irrigation equipment and materials on their own property. C. If non-potable water source is not part of this arrangement, the City and SACEC shall pursue an equitable arrangement with Shakopee Public Utilities Commission. O. The location of the well shall be at a mutually accepted site that provides sufficient water pressure to service all irrigated areas. 4. 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. this presence to be executed the day and year first above written. CITY OF SHAKOPEE By: Its: By: Its: By: Its: .., SHAKOPEE AREA CATHOLIC EDUCATION CENTER By: ~o6',- . Its: By: ~ Its: . . ..' ,-~~t I?~ M "l ADDENDUM THIS ADDENDUM TO THE JOINT POWERS AGREEMENT BETWEEN CITY OF SHAKOPEE AND S!:!tKOPEE ~A THOLlC EDUCATION CENTER made and entered into this 30 I day of ../.t, y . 20.1ZL. by and between the CITY OF SHAKOPEET a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred to as "CITV", and SHAKOPEE AREA CATHOLIC EDUCATION CENTER, hereinafter referred to as "SACEC"; WHEREAS; The operation and maintenance of the irrigation systems and well for the City of Shakopee and Shakopee Area Catholic Education Center shall consist of the following: WELL 1. The City shall assume 45% of the cost for well installation and appurtenant work. 2. . The SACEC shall assume 40% of the cost for well installation and appurtenant work. 3. The Shakopee Public Schools shall assume 15% of the cost for well installation and appurtenant work. OPERATION 1. Electrical service costs for the operation of the irrigation systems for SACEC and the City shall be calculated by assigning a percentage to the total volume of water used by each entity. The costs shall be assigned quarterly. MAINTENANCE 1. The City shall assume full cost for WINTERIZATION OF ITS IRRIGATION SYSTEM. 2. The SACEC shall assume full cost for WINTERIZATION OF ITS IRRGA TION SYSTEM. 3. The City shall assume 1000k of the cost for repair work to piping, heads, wiring and any appurtenant work to the IRRIGATION SYSTEM ON CITY PROPERTY. 4. The SACEC shall assume 100% of the costfor repair work to piping, heads, wiring and any appurtenant work to the IRRIGATION SYSTEM ON SACEC PROPERTY. 5. The City shall assume 50% of the cost for repair work of the WELL AND CONTROL SYSTEM. .- 6. The SACEC shall assume 50% of the cost for repair work of the WELL AND CONTROL SYSTEM. FUTURE EXPANSION OF SACEC IRRIGATION SYSTEM 7. In anticipation offuture expansion to the south ten acres of the SACEC property, the design and operation of the irrigation and well system shall insure an adequate supply of water is available to service this area. CITY OF SHAKOPEE SHAKOPEE~ EDUCATION CENTER By: By: ~ ~ Its: ~:~~ By: Its: ::;: . - ~ <'~C By: Its: 4