HomeMy WebLinkAboutItem 8 - Services Agreement between City of Lake Elmo and ISD 916 - DRAFT1
SERVICES AGREEMENT
Services Agreement, entered into this _____ day of _____________, 2014, by and between the
City of Lake Elmo, a municipal corporation of the State of Minnesota (“City”) and Northeast
Metro 916 Intermediate School District (“School”).
WHEREAS, School is the fee owner of a parcel legally described as Outlot A Eagle Point
Business Park 7th Addition, Lake Elmo, Minnesota, (the “Property”), and intends to construct
and operate a public school on the Property serving special needs students pursuant to its
organizational charter (the “Activity”);
WHEREAS, School anticipates, based on its operation of similar schools, that the Activity will
require public safety services provided by City (“Services”) at a level which exceeds those
generally provided to other businesses or institutions in the City;
WHEREAS, City and School have agreed on a fixed rate of reimbursement to be paid to City by
School for Services rendered to the Property, and such agreement is evidenced by this Services
Agreement;
NOW, THEREFORE, in consideration of the mutual agreements contained herein, School and
City hereby agree as follows:
1. Services. City agrees to provide the Services to the Property during the time that the
Activity is conducted on the Property, without any charge, assessment or fee charged to School
or assessment against the Property, other than the Payment described in Paragraph 2 below.
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2. Payment. School agrees to make an annual payment (“Payment”) to City in
consideration of City providing the Services. Each payment shall be payable on December 31,
commencing December 31, 2017, and shall be attributable to Services rendered during the school
year commencing September 1st (prior to the Payment date) and concluding August 31st
(subsequent to the Payment date). The amount of the Payment due December 31, 2017 shall be
$31,500.00; the Payment amount in each subsequent year shall equal 1.02% of the previous
year’s payment (a two percent annual increase).
3. Term. The term of this Agreement (“Term”) shall commence as of the date hereof, and
shall terminate ten (10) years later; provided; however, that School’s obligation to make the
Payments shall cease at such time prior to the end of the Term if it ceases to conduct the
Activity on the Property. Six months prior to the end of the Term, City and School shall meet to
consider a possible extension of the Term and any appropriate modifications to the Payment
amount or other terms of this Agreement.
4. Miscellaneous. Any modifications to this Agreement must be in writing and signed by
City and School. Both parties acknowledge that the extension and performance of this
Agreement have been fully authorized and approved by their respective institutions. Any notices
hereunder shall be sent in writing, by certified or registered U.S. Mail, return receipt requested,
or by a national overnight mail service, to addresses listed below:
Ms. Kristine Carr Director of Administrative Services Northeast Metro 916 2540 County Road F East
White Bear Lake, MN 55110
Director of Finance City of Lake Elmo
3800 Laverne Ave. N. Lake Elmo, MN 55449
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IN WITNESS WHEREOF, the parties hereto have executed this Services Agreement as of the
date first above written.
CITY OF LAKE ELMO: NORTHEAST METRO 916
INTERMEDIATE SCHOOL DISTRICT
By:_______________________________ Mike Pearson, Mayor By:_______________________________ Its:_______________________________
By:_______________________________ Dean Zuleger, City Manager By:_______________________________ Its:_______________________________
020588/312001/1585010_1