HomeMy WebLinkAboutOak-Land Park JPA April 2014
JOINT POWERS AGREEMENT FOR DEVELOPMENT OF A MULTI-USE PARK
THIS AGREEMENT made this 25 day of April, 2014, by and among the City of Lake Elmo„
Washington County, Minnesota ("Lake Elmo") and Stillwater Area Public Schools, ISD 834
("District') (collectively the "Parties").
WITNESSETH:
WHEREAS, the District and Lake Elmo have identified the mutual benefits of developing
a multi-use public park located on approximately 3.7 acres in the northeast corner of the Oak-
Land Junior High School campus wholly owned by the District noted on Exhibit A ("the
Property"), the entire Property to be designated by and through this joint powers agreement as
"Oak-Land Neighborhood Park;
WHEREAS, the Parties seek to develop the Property as a multi-use park consisting of
playground structures, picnic areas (including tables), walking paths connecting to regional
trails, conservation areas, bathrooms, and other park amenities meant to complement the
recreational facilities found on the Oak-Land Junior High School campus;
WHEREAS, the location of this multi-use public park further affords a recreational
benefit and increased quality of life for taxpayers of both Lake Elmo and the District in a
quadrant of the community, which includes a large affordable housing complex currently not
served by a park;
WHEREAS, in exchange for its the quiet enjoyment and use of the Property, Lake Elmo
agrees to make available necessary parkland dedication funds to help in the purchase and
development of infrastructure, athletic fields, sport courts and other equipment needed to
support the multi-use park and publically-accessible recreational portions of Area A and Area B
as depicted on Exhibit A.
WHEREAS, the Parties believe that co-development a multi-use park is a prudent use
tax dollars for benefit of the public;
WHEREAS, Minnesota Statutes, Section 471.59 authorizes two or more governmental
units by agreement of their governing bodies jointly and cooperatively to exercise any power
common to the contracting parties or similar powers, including those which are the same except
for the territorial limits within which they are exercised;
WHEREAS, cities are authorized to enter into development contracts under Minnesota
Statutes, Section 462.358, Subd. 2(a); and,
WHEREAS, the parties hereto desire to set forth the respective rights and obligations of
the parties to this joint powers agreement ("JPA").
NOW THEREFORE, IT IS HEREBY AGREED by the Parties as follows:
ARTICLE I
Purpose and Term
1.1 The Parties agree to mutually carry out the actions necessary to fulfill the terms of this
JPA to establish the Property as a multi-use park, known as Oak-Land Neighborhood Park and
jointly used by Lake Elmo and the District as provided herein.
1.2 This JPA shall remain in place until terminated in accordance with the terms herein or as
mutually agreed upon in writing by the Parties.
1.3 To the fullest extent permitted by law, the Parties intend to enter into this Agreement
and operate under Minnesota Statutes, Section 471.59, authorizing the combination of powers
of two or more governmental units. Unless amended in writing by the Parties, this JPA does not
form a board within the meaning of Section 471.59 subd. 2.
Article II
Responsibilities of Lake Elmo
2.1. The Lake Elmo Planning Staff will work with the District to determine a legal description
("metes and bounds") for the 3.7 acres that comprise the Property known as Oak-Land
Neighborhood Park, located in the northeast quadrant of the Oak-Land Junior High campus and
to be used for the purpose of a multi-use park. The legal description of the Property shall
substantially conform to Exhibit A.
2.2. Lake Elmo shall promptly designate the Property and the recreational portions of Area A
and Area B of the Oak-Land Junior High campus as "official City parkland" to allow the District
to take full advantage of Minnesota Statutes Sections 466.03 Subd. 6(e) and 466.03 Subd. 23.
2.3. Lake Elmo shall appropriate parkland dedication funds for the purpose of purchasing
infrastructure, playground equipment, athletic field equipment, sport courts, parking lots or other
hard assets allowed by Minnesota Statutes 462.358 Subd. 2 (b) for use by the general public in
the designated recreational areas of the Oak-Land Junior High Campus. Lake Elmo shall
authorize an $64,000 parkland dedication fund allocation for the cost of installing three (3) new
publicly-accessible tennis courts in Area A of the Property. Said funds shall be disbursed upon
execution of this Agreement.
2.4. Lake Elmo shall provide appropriate signage for the Property, designating the area as a
joint development of Lake Elmo and the District, identified as a public park to be named during
the Park Master Plan development." Lake Elmo agrees to be responsible for maintaining all park
and picnic equipment, including structures, placed on the Property. The City of Lake Elmo will
not place or construct any infrastructure that would inhibit the orderly drainage of the school
campus or compromise the well head protection area. Lake Elmo shall be responsible for
providing all necessary safety and security measures for the Oak-Land Neighborhood Park
through its contract with Washington County Sheriff's Department or other equivalent law
enforcement agreements Lake Elmo may enter into from time to time. The City of Lake Elmo
agrees to restrict the use of alcohol, tobacco and other illegal activities within the park area.
2.5. Lake Elmo shall provide a Park Master Plan that, subject to the District's approval, will
provide for the installation of infrastructure, appropriate land use and utilization of the Oak-Land
Neighborhood Park.
2.6. Notwithstanding anything to apparent the contrary herein, Lake Elmo agrees that Area A
and Area B of the Property will not function as a public park or be available for public use during
regular school hours, as such school hours are published by the District to Lake Elmo and may
be adjusted from time to time. Lake Elmo agrees that the District shall have priority use for all
areas described in this JPA and Lake Elmo will not schedule any activities that may conflict with
the District's priority use. Lake Elmo residents will have access to the 3.7 acre area outside of
the Area A and Area B from sunrise to sunset which serve as the regular City of Lake Elmo park
hours.
ARTICLE III
Responsibilities of the District
3.1. The District shall, at its expense, survey the Property and provide Lake Elmo with a
property description ("metes and bounds") for 3.7 acre park. The entire Park area shall be
designated as a multi-use park.
3.2. The District shall grant Lake Elmo access to the Property for the purpose of preparing
the site for the multi-use park. The District shall, in turn, grant Lake Elmo the right to clear the
site of dead wood, brush, and debris; perform forestry duties to preserve trees and clear
portions of the site for the development of the 3.7 acre park.
3.3. The District shall review and render its approval, qualified approval or rejection of Lake
Elmo-proposed Master Plan for the installation of infrastructure, land use and utilization of the
3.7 acre park. The District shall allow the construction of connecting trails from adjacent
neighborhoods to the 3.7 acre park at the City of Lake Elmo's expense. The District shall
determine the location of the connecting trail to insure its placement and use will not interfere
with school operations or create a security issue during normal school hours.
3.4. The District shall submit an invoice for the expansion of the current three (3) tennis
courts on the Property, to be completed by the District in 2014 and not to exceed $80,000.00.
Lake Elmo agrees to pay the $64,000.00 from parkland dedication funds within fifteen (15) days
of Lake Elmo's receipt of the invoice.
3.5. The District agrees to provide general turf maintenance of the 3.7 acre park and of the
publically-accessible recreational portions of Area A and Area B. For purposes of this JPA,
"general maintenance" shall be mowing, trimming of vegetation, and related grounds keeping of
Areas A and B, but shall not include snowplowing or other snow removal. The District shall
maintain all recreational equipment, court / track surfaces and fields in Area A and Area B.
ARTICLE IV
Default
4.1 In the event of any material breach of this Agreement that is not cured within (30) days
of written notice of the breach describing the nature of the default and what action is
necessary to cure the default, the non-defaulting Party may declare the other Party to be
in default of this JPA.
4.2 The non-defaulting Party shall have all rights and remedies available under to it under
law or in equity.
4.3 The failure of the non-defaulting Party to declare default or otherwise exercise its rights
under this JPA shall not constitute a waiver of its rights to later declare default and
exercise all rights and remedies available under section 3.2 above. .
ARTICLE V
Liabilities
5.1 Each Party retains the financial responsibility for damage to or loss of its own equipment
that may occur in performing its duties under this JPA.
5.2 Each Party retains the financial responsibility for workers' compensation benefits for its
own employees and for any injuries that occur to its employees in performing its duties
under this JPA.
5.3 Each Party shall be liable for its own acts and omissions, including the acts and
omissions of its officers, employees or agents and the results thereof to the extent
authorized by law and shall not be responsible for the acts and omissions of the other
Party, its officers, employees or agents. Each Party agrees to indemnify, defend and
hold harmless the other Party, its officers, employees or agents, against any and all
liability, loss, costs, damages, expenses, claims or actions, including attorneys' fees that
the other Party may hereafter sustain, incur or be required to pay, arising out of any act
or omission of the indemnifying Party, its officers, agents or employees, in the execution,
performance, or failure to perform its obligations of this JPA. Nothing herein, however,
shall be deemed a waiver by either Party of the limitations on liability set forth in
Minnesota Statutes, chapter 466.
Article VI
Miscellaneous Provisions
6.1.1 This JPA shall be binding upon Lake Elmo and District and their respective successors.
Neither Party shall be allowed to assigns this JPA without the express written consent of
the other Party.
6.2This JPA represents the entire agreement between Lake Elmo and District.
6.3 This JPA may be amended only by a written document duly authorized, executed and
delivered by Lake Elmo and District.
6.4 Lake Elmo and the District each agree, upon written request of the other, to execute and
deliver instruments and documents of further assurance as may be reasonably required
to carry out the intention of this JPA.
6.5 This JPA may be executed in counterpart, each of which shall constitute one and the
same instrument.
6.6 All notices, demands or other communication under this JPA shall be in writing and shall
be deemed to have been duly served when delivered to the person for whom it was
intended, or when mailed, first-class mail, postage prepaid, as indicated below.
If to Lake Elmo: City of Lake Elmo
City Administrator
3800 Laverne Avenue North
Lake Elmo, MN 55042
If to District: Stillwater Area Public Schools, ISD 834
Superintendent
1875 Greely Street S.
Stillwater, MN 44082
6.7 The invalidity or unenforceability of any provision of this JPA, in no way, affect the
validity or enforceability of any other provision of this JPA, all of which shall remain in full
force and effect.
6.8 Upon dissolution of this JPA, the Parties shall equitably divide the real and personal
property forming the Oak-Land Neighborhood Park, in accordance with their respective
contributions, taking into consideration maintenance of such property.
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IN WITNESS WEREOF, the City of Lake Elmo and the Stillwater Area Public Schools ISD 834
have caused this joint powers agreement to be duly executed on the day and the year first
above written.
CITY OF LAKE ELMO
i e Pearson, Mayor- Date Adam Bell, City berk - Date
Attest
Dean uleger,-TJ Administrator- Date
ISD;7P7
PUBLIC SCHOOLS
B g %�" /c- J
Y Y
T m Lehman, School Board Chair- D to Mike Ptacek, School Board Clerk - Date
Attest
Tom Nelson, Superintendent - ate
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