HomeMy WebLinkAboutCity Council Resolution 1996-468RESOLUTION NO. 96- 468
Approving Agreement Between City and West Lutheran High School
WHEREAS, West Lutheran High School is building a new facility within the City of
Plymouth, and
WHEREAS, West Lutheran High School has prepaid a park dedication fee of $30,000,
and
WHEREAS, the City of Plymouth has need for additional baseball and soccer fields,
and
WHEREAS, the attached agreement dated September 4, 1996, was prepared by the
City Attorney's office, and
WHEREAS, West Lutheran High School has reviewed and agreed to said agreement;
NOW, THEREFORE. BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that the agreement dated September 4, 1996,
between the City of Plymouth and West Lutheran High School is hereby approved, and
further, that the Mayor and City Manager are authorized to sign said agreement on
behalf of the City.
Adopted by the City Council on September 4. 1996.
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AGREEMENT
AGREI MENT made thin day of , 1996, by
and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City")
and %qs s T J L& -m et-4pi N 16x1 -sed o %A
A. West Lutheran owns the real property legally descrilxd on the attached
Exhibit "A" (the "SubJect Property").
B. The parties desire to provide for joint use and development of part of the
Subject Property for recreation&] purposes.
NOW, THEREFORR, the parties agree as follows:
1. UAPROVE 04TS. The City will design and construct it baseball/soccer
field on part of the Subject Property for a cost not to exceed $30.000.00 in accordance
with plans and specifications to be approved by West Lutheran (the "Facility").
Construction of the Facility will be coordinated with the construction of the high school
by West Lutheran on the Subject Property. No changes may be made to the Facility
during the term of this Agreement without the written consent of both parties.
2. USE AND SCBEDULING.
A. West Lutheran shall have jurisdiction of the Facility for schedu]iag
and use from Labor Day through Memorial Day. The City shall have the jurisdiction of
the Facility from Memorial Day through Labor.
B. Scheduling activities outside of the designated time jurisdiction must
be done by the other party in wrift. Unscheduled available usage will be done on a
first-come Pint -serve baels through the party that has jurisdiction at the time.
C. Use of the Facility by either party for scheduled games and praetion
will be given by February I for baseball use and by June I for soccer use. The high
school soccer coach will schedule pro -season practice times with the Clty.
D. West Lutheran will schedule the use of the City's Plymouth Creek
Softball Field for its spring practices and games by March 1. Use of lige fled Is subject
to availability.
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B. Casual use of the Facility so long as there is no disnrption or
Interference with scheduled activities will be permitted by both parties throughout the
Year.
A. Bxoapt as specifically provided herein; West Lutheran shall be solely
responsible for mr;ntenance, repair, replacement, and utility costs for the Facility.
B. The City shall be responsible for cutting grass and tuff malntenanee
from Memorial Day to Labor Day.
4. INSURANCE, West Lutheran &hall obtain and maintain duff the term
of this Agreement general liability insurance of not loss than $1,000,000 with respect to
bodily injury or death to one or more persons. West Lutheran shall name the City as an
additional insured on the policy. West Lutheran shall provide the City with a certificate
of insurance evidencing the requiral coverage.
S. TERM,
A. Tho terra of this Agreement @hall extend from the dace terata1'
September 1, 2016. The City may, however, during this Agreement at any time upon ds.
(6) months written notice to Went Lutheran, terminate this Agreement. West Lutheran
may also terminate this Agreement upon six (6) months written nottoo to the City and
upon payment to the City of a termination payment of $125.00 per month for each month
or part thereof this Agreement is terminated prior to September 1, 2016.
B. Upon termination of this Agreement the Facility, Including any
improvements thereto, shall be owned by West Lutheran.
6. RECORDING. This Agreement &hall be reoorded against the title to the
Subjact Property and shall be binding upon the parties, their successors and assigns.
CITY OF PLYMOUTH
BY: _
Ioymlyn Tlerney, Mayor
(SEAL) AND
Laurie F. Ahrens, City Cleric
08/15/96 16:22 TX/RX N0.2876
P.003
CAI-oPBELL. KNUTSON. SCOTT 8 FUCHS, P.A
STATB OP MINNESOTA )
( sa.
COUNTY OF HENNEPIN )
Aug 15.96 16:20 No.006 P.04i10
BY: f C
Its C HAKr-+tiN
The foregoing Instrument was acknowledged before me this day of
1956. by Joycelyn Money and by Lurie F. Ahrens, the Mayor
and Cit Clerk of the City of Plymouth, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its Cit. Coundl.
NOTARY PUBLIC
STATS OF MINNESOTA )
(ss.
COUNTY OF e- / )
The foregoing instrument ackngWlcdgcd Ib fl me this
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anon. on its behalf. _
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DRAFTED BY:
CAMPBELL, KNUTSON, SCOTT & Furms. F.A.
1380 Corporate Conte Curve, Suite 0317
E*M, Minnesota SS121
Telephone: (612) 4S2-5000
RML -ern
4011:.os
"All"
day of
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