HomeMy WebLinkAboutCity Council Resolution 1996-680u
RESOLUTION NO. 96-680
APPROVING A JOINT USE AGREEMENT WITH INDEPENDENT SCHOOL
DISTRICT 281 FOR THE DESIGN, CONSTRUCTION, OPERATION,
MAINTENANCE AND USE OF A GYMNASIUM ADDITION TO ARMSTRONG
HIGH SCHOOL, AND AUTHORIZING THE MAYOR AND CITY MANAGER TO
EXECUTE THE AREEMENT.
Whereas, the City's Youth Sports Task Force reviewed facility needs for the next 10
years and completed its work in November, 1995; and,
Whereas. the final report of the Task Force identified a need for four additional gym
courts to meet existing and future needs, and specifically recommended development of
a gym addition for both school and community use at Armstrong High School within
the next 1-3 years; and,
Whereas, the City has approved a revised Tax Increment Financing Plan on November
20'", 1996 making $1,300,000 available for a joint use recreation facility at Armstrong
High School, and,
Whereas, City staff have negotiated a joint use agreement with Independent School
District 28t officials to accomplish these objectives;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City
of Plymouth that the attached joint use agreement with School District 281 is hereby
approved and that the Mayor and City Manager are authorized to execute it on behalf
of the City.
Approved by the City Council on December 4, 1996.
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JOINT USE AGREEMENT
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AGREEMENT made this I day of , 1996 by and
between tE) CITY OF PLYMOUTH (hereinafter "City") and INDEPENDENT
SCHOOL DISTRICT NO. 281 (hereinafter "School District").
RECITALS
• The School District is constructing an addition to the Armstrong High
School gymnasium (hereinafter "the. Facility") located on property in Hennepin County
legally described as follows.
See Exhibit A attached hereto.
• The City is contributing up to $1.3 million towards the cost of the
Facility from Tax Increment Financing Funds;
• The parties desire to provide for joint use of the Facility;
• This Agreement sets forth the rights and obligations of the parties
relating to the construction and joint use of the Facility;
NOW, THEREFORE, the parties *gree as follows:
ARTICLE I
JOINT USE
1.01 Joint Use. The City and School District shall jointly use the Facility in
accordance with the terms and conditions set forth herein. The School District is the
owner of the Facility. The relationship between the School District and the City
created by this Agreement is that of Landlord and Tenant.
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See Exhibit A attached hereto.
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1.02 I=. This Agreement shall be for a term of 40 years commencing on
and expiring on
1.03 Use and Scheduline. The Facility shall be used by the parties as
follows:
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a. The School District will have primary use of the Facility on
school days from 6:00 a.m. until 5:30 p.m.
b. The City will have primary use of the Facility on school days
from 5:30 p.m. until 6:00 a.m.
C. '11.e City will have primary use of the Facility on Saturdays,
Sundays, Summer vacation and any other day that school is not in
session. The School District may conduct regularly scheduled
athletic practices on Saturday mornings to be completed prior to
10:00 a.m., provided the School District gives the City at least
thirty (30) days written notice of the commencement of such
practices.
d. The City may schedule gym time through the School District
during the School District's primary use time, if time is available.
e. The School District may schedule gym time through the City
during the City's primary use time, if time is available.
f. The City will supervise the Facility when it has use of the Facility
and shall hire and pay any building attendant necessary to perform
such supervision
g. The City will have reasonable access to the Facility, including
locker rooms and phones during its primary use times,
h. The School District will permit the City, and its employees, agents
and invitees to use the school parking lot and internal roadway
system for access to the Facility subject to the School District's
reasonable rules and regulations.
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i. The City will have the use of separate storage space near the
Facility.
j. The City Park Director and Armstrong High School Athletic
Director shall meet at least annually to review the gym use
schedule.
1.04 Alcohol and Tobacco Policy. The Facility shall be treated as "school
ground" as contemplated by the alcohol control provisions of Minn. Stat. §624.701;
that the School District's alcohol and tobacco policies and regulations, and any
additions or amendments thereto, shall apply to the Facility; that tho area should be
appropriately posted; and that the City shall withho,d access from groups for alcohol
or tobacco violations.
ARTICLE II
OWNERSHIP AND MAINTENANCE OF FACILITY
2.01 Ownership.. The School District will own the Facility, subject to the
rights and obligations of the parties set forth in this Agreement.
2.02 Maintenance and Upkeep. 'Tht School District will be responsible for all
maintenance, repairs, replacement and upkeep of the Facility necessary to keep the
Facility in good repair and clean condition.
2.03 Ogerating Cost and Utilities. The School District will be responsible fur
all operating costs relating to the Facility, including providing and paying for all
electric, heat, phone, water, sewer, trash removal and other utilities and services.
The School District will maintain adequate temperatures in the Facility during the
City's primary use time to allow comfortable use of the Facility.
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2.04 Insurance. The School District will at its expense insure the Facility,
fixtures, furnishings, and equipment therein against loss or damage by fire and loss or
damage by such other risks now or hereafter embraced by "extended coverage," so
called. Each party will obtain and maintain during the term of this Agreement a
comprehensive liability insurance policy in at least the amounts specified as to the
extent of liability under Minn. Stat. §466.04. The School District will be named as an
additional insured on the City's policy and the City will be named an additional
insured on the District's policy. Each party shall furnish the other party a certificate
of insurance documenting the required coverage.
ARTICLE III
CONSTRUCTION OF FACILITY
3.01 lMgmvements. The School District will prepare the plans and
specifications for the design and construction of the Facility. The City must approve
the plans and specification or any significant change orders. The design will include a
plaque recognizing the City's funding of the Facility. The School Distr'.ct will bid the
project, award the contract, administer the contract and supervise the construction.
The School District will not make any subsequent substantial alterations regarding the
use or purpose of the Facility without the consent of the City, which consent shall not
be unreasonably withheld.
3.02 City Contribution. The City will contribute toward the construction of
the Facility from Tax Increment Financing Funds either $1.3 million or the actual
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project cost, whichever is less. The School District will supply volley ball posts and
nets and scoreboards.
3.03 Disbursement of City Construction Funds. The City shall disburse funds
as costs are incun&d. The disbursement process shall require inspections for each
draw request by a registered and licensed Architect certifying that the completed work
is in compliance with the appropriate plans and specifications and certification by the
Architect of an AIA 0-702 or 0-703 application for payment form.
ARTICLE IV
ARBITRATION
4.01 Any dispute arising out of this Agreement shall be submitted to binding
arbitration through the American Arbitration Association. Arbitration shall be
conducted in accordance with Lhe Rules of Commercial Arbitration. In the event
either or both parties to this Agreement apply to the arbitrator, all parties shall be
bound by, comply with, and perform and fulfill the final award or finding, without
rewurse to any other court or tribunal except as is necessary to enforce the final
award in accordance with the Minnesota Laws on arbitration.
ARTICLE V
TERMINATION
5.01 Either party may terminate this Agreement prior to the award of contract
to construct the Facility by giving written notice of such termination to the other. The
School District shall give the City ten (10) days written notice of Its Intent to award a
contract. Any costs incurred shall be shared 'by the parties in proportion to their
proposed investment in the project.
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IN WITNESS WHEREOF, the parties have subscribed their names as of the
day and year first above written.
CITY OF PLYMOUTH
By:
Joycelyn Tierney, Mayor
AND
Dwight Johnson., City Manager
INDEPENDENT SCHOOL DISTRICT NO.
lei
By:
Its:
AND
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
�, 1996, by Joycelyn Tierney and by Dwight Johnson, respectively the
Mayor and City Manager of the City of Plymouth, a Minnesota municipal corporation,
on behalf of the corporation and pursuant to the authority granted by its City Council.
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Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF
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71e foregoing instrument was acknowledged before me this day of
1996 by and , the
and of Independent school District No. 281.
on behalf of said School District.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone; (412) 452-5000
TMS
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