1g. School Site/Park Site, Highway 5 and Galpin BoulevardL
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CITY OF
CHANHASSEN
i 01
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Mayor and City Council
FROM: Don Ashworth, City Manager
DATE: April 11, 1994
SUB-T: School Site/Park Site, Highway 5 and Galpin Boulevard:
1) School District Purchase Agreement
2) Joint Powers Agreement
3) Lease Agreement
4) Plans and Specifications
It seems impossible to believe that it was November of 1991 when the school district decided
that expansion of their facilities was necessary. It was this same time frame wherein the city
council stated that if the school district does build additional facilities that at least one of those
facilities should be located in Chanhassen. By the spring of 1992, the Long Range Facility
Committee concluded that the facility plan should include a new elementary school which should
be located at the southeast corner of Highway 5 and Galpin Boulevard. Unfortunately, the school
district also decided that a fall election would be premature and would be defeated as a result of
an uninformed constituency. To insure that the dream would not be lost, the city closed on the
acquisition of the property which had been under negotiation since that same November of 1991
time frame. The facility expansion referendum passed in the spring of 1993 and tonight's actions
brings to fruition a group of goals which were established 2r6 years ago. The insight, patience,
and determination of the city council needs to be highlighted because without that support the
group of dreams for how we can best serve our citizens for the next 20, 30, or 50 years would
have been lost. You deserve the recognition that this facility will receive once the doors are
opened.
To the best of my knowledge, all parts of the purchase /repurchase/lease /etc. documents are in
accordance with the original presentations as well as subsequent updates. As I mentioned during
our last work session, we did run into a state building code problem if we were to pursue the
concept of having our property line zigzag through that part of the building owned by the city
versus that part owned by the school district. The state took a firm position that with the joint
ownership, a party wall would have to be built down the middle of the gymnasium - -a condition
which definitely slows down fast breaks. To solve the problem, staff is recommending that the
MEMORANDUM
� Mayor and City Council
April 11, 1994
Page 2
underlying ownership of the land would be with the school district with the city having a 99 year
lease for that portion of the property where our gymnasium/fitness room/meeting rooms would
be located. We would maintain ownership of the building itself.
Approval of each of the documents listed in the title for this item is recommended. It should be
' noted that the city council's approval of the various purchase/lease agreements is subject to the
council making a determination to sell the property during the public hearing scheduled for later
in this agenda.
' Note: Finalizing the above documents took approximately 20 -30 days longer than originally
anticipated. Accordingly, approval of these documents is necessary Monday evening if
' the elementary school is to open in the fall of 1995. I would request that any council
members having questions which may require research to please contact me prior to
Monday evening so as to insure I will be in a position to respond. We need approval
' Monday night. Thanks for your help.
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorney at Lmv
HAND DELIVERED
April 6, 1994
Mr. Don Ashworth
City Manager
City of Chanhassen
690 Coulter Drive
Box 147
Chanhassen, MN 55317
Re: City of Chanhassen
Independent School District No. 112
Real Estate Transaction
Our File No. 12668/260
4��.;;;�
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Dear Don:
Enclosed please find proposed Warranty Deed for the
transaction between the City and Independent School District No.
112. Upon approval of the Purchase Agreement for the subject
property, please have the enclosed Warranty Deed and Affidavit
'
Regarding Corporation executed. Please make sure these documents
are executed so I can take them to the April 12, 1994 closing.
Please note that the conveyance of the twenty acres to the
School District creates a split of a tax parcel. Therefore,
please have the split approved by the Planning Department by
,
having the Deed stamped as approved.
If you have any questions, please do not hesitate to call
me.
f_
Very truly yours,
'
CAMPBELL, KNUTSO COTT
& FUCHS, P.
By:
James R. Walston
JRW:rlt
Enclosures
13787
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
� Attorneys at Law
Thomas J. Cam�hell (612) 452.5000
Roger N. KnWNOII Fax (612) 452 -5550
Thom.,s M. Scott April 6, 1994
Gar} G. Fuchs
James R. Walston
Elliott B. Knetsch
Eli_abeth A. Lun_er
Andrea McDokxell Poehler
HAND DELIVERED
Mr. Jeff Priess
Independent School District No. 112
' 110600 Village Road
Chaska, MN 55318
Re: City of Chanhassen /Independent School District No. 112
Our File No. 12668/260
Dear Mr. Priess:
' Pursuant to your discussion with Todd Gerhardt yesterday,
enclosed please find the following original documents:
1. Lease Agreement between Independent School District No.
112 and the City of Chanhassen;
' 2. Joint Powers Agreement (Development Phase);
3. Proposed Warranty Deed (copy); and
' 4. My Closing Checklist.
Please have the Lease and Joint Powers Agreement executed
' and forwarded to Don Ashworth prior to Friday afternoon, April 8,
1994.
' Very truly yours,
' CAMPBELL, KNU N, SCOTT
& P. .
' JRW:rlt James Walston
Enclosures
cc: Mr. Todd Gerhardt
Mr. Don Ashworth
Mr. Patrick Flynn
Mr. Michael Broback
(all with enclosures)
13767
i • I;. I ' cnt: r(.0 r� c • F ; l-', l l IX 7712
CLOSING CHECKLIST
CITY OF CHANHASSEN
INDEPENDENT SCHOOL DISTRICT NO. 112
1. Purchase Agreement
Exhibit " A " - legal
Exhibit "B" - whole property
2. Joint Powers Agreement
3. Lease
4. City Council Resolution
5. Title Commitment
6. Survey
7. Proceeds - $17,000.00 x 20.0573 = $340,974.10
8. NSP Easement Revision
9. MnDOT Easement Revision
10. Warranty Deed
11. Affidavit
12. Split Approval
Costs
City - Title Insurance Commitment
Deed Tax
Prorated Taxes
1/2 Closing Fee
1/2 Survey
District - Title Insurance Premium
Prorated Taxes
1/2 Closing Fee
1/2 Survey
13713 CHAN /HI-NAY 5
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' April 5, 1994
PURCHASE AGREEMENT
THIS AGREEMENT, is made and entered into this day of ,
' 1994, by and between the CITY OF CHANHASSEN, a municipal corporation organized under
the laws of the State of Minnesota (hereinafter called "Seller ") and INDEPENDENT SCHOOL
DISTRICT NO. 112, a public school corporation organized under the laws of the State of
Minnesota (hereinafter called "Purchaser").
' In consideration of the mutual terms, covenants, conditions and agreements hereinafter
contained, it is hereby agreed by and between the parties as follows:
1. Sale of Pro M . Seller agrees to sell to Purchaser and Purchaser agrees to
' purchase from Seller twenty (20) acres of real property located in Carver County, Minnesota
( "Subject Property "), said twenty (20) acres located on a tract of land legally described as
follows:
See Exhibit "A" attached hereto and made a part hereof.
2. Purchase Price and Manner of Payment
(a) The purchase price ( "Purchase Price ") to be paid by Purchaser to Seller
' for the Subject Property shall be Seventeen Thousand Dollars
($17,000.00) per acre, with the total purchase price to be determined by
the product of the total acreage conveyed by Seller to Purchaser under the
Agreement times $17 000.00 r acre according to th
g per g e survey completed
as set forth in Paragraph 3 hereof. The Purchase Price shall be paid as
' follows:
i) $1.00 (the "Earnest Money ") the receipt of which is hereby
' acknowledged;
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ii) The balance of the purchase price to be paid in good funds '
(cashier's or certified check) on the date of closing, upon which
date possession of the above described premises shall be delivered '
to Purchaser; 1
3. Survey. The Purchaser shall obtain a survey of the premises. The Survey shall
be prepared by an engineer or registered land surveyor selected by Purchaser.
4. Contingencies The closing of the transaction contemplated herein is contingent I
upon each of the following:
(a) Purchaser being satisfied that marketable title to the Subject Property is in the
name of Seller pursuant to Paragraph 5 herein.
(b) All warranties and representations of Seller hereunder being true and correct as
of the date hereof, and on the Date of Closing.
(c) Purchaser determining that it is satisfied with the matters disclosed by soil testing,
and other inspections of the Subject Property including, but not limited to the
existence and condition of any wells located on the property. Purchaser and its
agents shall have the right to enter onto the Subject Property for the purposes of
making soil tests and such other inspections and investigations as Purchaser deems
necessary. Purchaser shall not interfere with the operation of the Subject
Property, and, shall be responsible for all liabilities arising from entry upon or
testing of the Subject Property, including but not limited to liabilities arising from
mechanic's, materialmen's or other liens filed against the Subject Property in
connection with work performed or material furnished by or at the direction of
Purchaser. Purchaser shall pay for all costs and expenses associated with
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obtaining reports, studies and tests described in this Agreement. Purchaser shall
deliver to Seller copies of all tests received upon receipt of the same at no cost
to Seller.
(d) Seller's performing each of the obligations to be performed by Seller under this
Agreement on or before the Date of Closing.
(e) Purchaser determining prior to closing that it is satisfied with the matters
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disclosed by its review of any reports obtained by Purchaser from third parties,
including but not limited to, the presence of hazardous or toxic waste, (Phase I
Environmental Study) and the presence and availability of utilities and other
improvements. Purchaser shall pay for all costs and expenses associated with
obtaining reports, studies and tests described in this subsection.
If all of the foregoing contingencies have not been satisfied or waived by Purchaser on
or before the date of closing, then this Agreement may be terminated at Purchaser's option, and
upon written notice of termination, any Earnest Money deposited by Purchaser, together with
interest earned thereon, shall be returned to Purchaser. Upon such return neither party shall
have any further rights or obligations with respect to this Agreement or the Subject Premises.
If notice of termination of this Agreement for failure to satisfy any contingency set forth above
is not given by Purchaser on or before the date of closing, such contingency shall be deemed
waived by Purchaser. Purchaser shall have the right to unilaterally waive any contingency and
proceed to close. Each party shall cooperate with the other in satisfying the conditions hereof.
5. Evidence of Title Seller shall, at its own expense, furnish to Purchaser within
twenty (20) days after execution of this Agreement a current commitment for the issuance of an
ALTA Form B Owner's Policy of Title Insurance in the amount of Three Hundred Forty
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Thousand Dollars ($340,000.00) committing to insure that Purchaser will have good and
marketable title to the Subject Property, subject only to standard exceptions and exceptions that
Purchaser consents to in writing (hereinafter "Permitted Exceptions "). Within thirty (30) days
thereafter, the Purchaser shall give notice in writing to Seller of any defects in or objections to
the title which are not standard exceptions or permitted exceptions. Seller shall have One
Hundred Twenty Days in order to eliminate any exceptions (except standard exceptions to title
and Permitted Exceptions) or clear any defects to title. If Seller fails to clear title to the extent
herein required, Purchaser may clear title to the extent so required and charge the cost of
clearing to Seller. Title to be conveyed as herein provided shall be marketable title, free and
clear of all liens, encumbrances, restrictions and easements, except for standard exceptions to
title and the Permitted Exceptions.
6. Representations and Warranties by Seller Seller represents and warrants to
Purchaser that:
(a) It has all requisite power and authority to execute this Agreement and the closing
documents referred to herein provided it has closed on the Subject Property.
(b) Seller will own the Subject Property at the time of delivery of the Warranty
Deed, free and clear of all Pens, charges and encumbrances, except for standard
exceptions to title and the Permitted Exceptions.
(c) Seller has received no notice of any action, litigation, investigation or proceeding
of any kind pending against Seller, nor to the best of Seller's knowledge is any
action, litigation, investigation or proceeding pending or threatened against the
Subject Property, or any part thereof.
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(d) To the best of Seller's knowledge no toxic or hazardous substances have been
generated, treated, stored, released or disposed of, or otherwise deposited in or
Po Po
' located on the Subject Property, including without limitation, the surface and
subsurface waters of the Subject Property, nor has any activity been undertaken
' on the Subject Pro which would cause i
� Property ()the Subject Property to become a
hazardous waste treatment storage or disposal facility within the meaning of, or
otherwise bring the Subject Property within the meaning of, or otherwise bring
the Subject Property within the ambit of, the Resource Conservation and
' Recovery Act of 1976 ( "RCA "), 42 U.S.C. Section 6901 et seq ., or any similar
state law or local ordinance or any other Environmental Law; (ii) a release or
threatened release of hazardous waste from the Subject Property within the
' meaning of or otherwise bring the Subject Property within the ambit of,
CERCLA, or any similar state law or local ordinance or any other Environmental
Law; or (iii) the discharge of pollutants or affluent into any water source or
' system, or the discharge into the air of any emissions, which would require a
' permit under the Federal Water Pollution Control Act, 33 U.S.C. Section et sea .,
or the Clean Air Act, 42 U.S.C. Section 7401 et seq ., or any similar state law
' or local ordinance or any other Environmental Law. To the best of Seller's
knowledge, there are no substances or conditions in or on the Subject Property
' which may support a claim or cause of action under RCA, CERCLA or any other
federal, state or local environmental statutes, regulations, ordinances, or other
environmental requirements. To the best of Seller's knowledge no underground
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deposits which cause hazardous or toxic wastes or substances or underground '
storage tanks are located on the Subject Property. '
(e) Seller has not entered into any other contracts for the sale of the Subject
Property, nor as of the Date of Closing will there be any first rights of refusal, '
leases or options to purchase the Subject Property. ,
(f) Seller has not entered into any commitments or agreements with any
governmental agency or public or private utility affecting the Subject Property '
which have not been disclosed in writing by Seller to Purchaser. I
(g) The individuals executing this Agreement and the documents referred to herein
on behalf of Seller have the legal power, right and actual authority to bind Seller
to the terms and conditions hereof and thereof. This Agreement and all '
documents required hereby to be executed by Seller are, and shall be, valid,
legally binding obligations of and, enforceable against Seller in accordance with '
their terms. '
(h) Seller has not entered into any brokerage or agency agreements in relation to the
sale of the Subject Prope and there is no brokerage fee or commission due and '
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owing to any person or entity in relation to the sale of the Subject Property. ,
(i) Seller warrants that there are no wells located on the Subject Property. ,
Notwithstanding any provision herein to the contrary, if a closing occurs hereunder, Seller shall
indemnify Purchaser, its successors and assigns, against, and shall hold Purchaser, its successors '
and assigns, harmless from, any loss, cost, expense or damage, including reasonable attorneys'
fees directly arising out of or resulting from the breach of any of the representations and
warranties herein contained, whether such loss, cost, expense or damage arises prior to or after
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closing, provid": ' that Purchaser did not have knowledge of said breach on or before the Date
of Closing. All warranties and representations herein contained shall survive a closing and
delivery of the Deed.
7. CI ir. ^. The closing shall take place on April 12, 1994. On the Date of Closing,
Seller shall execute and deliver to Purchaser, or cause to be executed and delivered to Purchaser,
a properly executed Warranty Deed, with such other documentation as may be necessary to
convey to Purchaser, or its assigns or nominee, good and marketable title in fee simple to the
Subject Property, subject to the standard exceptions and Permitted Exceptions.
The closing and delivery of all such documents shall take place at Chanhassen City Hall,
or at such other reasonable location as may be agreed upon by Purchaser and Seller. Seller
agrees to deliver possession of the Subject Property to Purchaser on the Date of Closing.
8. Costs and Prorations Seller and Purchaser agree to the following prorations and
I allocation of costs in connection with this Agreement and the transactions contemplated hereby:
i�
(a) Seller shall pay the costs of the title insurance commitment described in Section 5
of this Agreement, including all abstracting costs associated with the preparation
of the title insurance commitment. Purchaser shall pay the costs of title insur-
ance premiums. or
(b) Seller shall pay all deed taxes in connection with the Deed to be delivered
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hereunder, if any. Purchaser shall pay recording charges in connection with
recording the documents to be delivered herein.
(c) The real estate taxes due and payable in the year of sale shall be prorated between
Seller and Purchaser as of the date of closing. Seller shall pay all real estate
taxes due and payable for the years prior to the date of closing. Seller shall pay
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all special assessments pending or levied against the property as of the date of
closing, except for the assessments referenced in the Joint Powers Agreement
described in Paragraph 10 herein, and any deferred special assessments or taxes
which come due as a result of the closing. Seller shall pay any and all green
acres or other deferred taxes and /or special assessments levied or pending against
the property.
(d) Each of the parties shall pay all of its own respective attorneys' fees in connection
with the negotiation, preparation and closing of this Agreement and the
transaction contemplated hereby.
(e) The payment of the closing fee (if any) shall be shared equally by Seller and
Purchaser.
(f) The costs for the Survey shall be divided equally between Seller and Purchaser
and shall be paid at closing. The costs for the topographic survey prepared in
connection with the transaction described in this Agreement shall be divided
equally between Seller and Purchaser.
If, and to the extent, any costs or fee shall be payable by Seller under this Agreement, Purchaser
shall have the right to pay such amount for the account of Seller and deduct the amount thereof
from the cash due Seller on the Date of Closing.
9. Survival. All of the terms, covenants, conditions, representations, warranties and
agreements contained in this Agreement shall survive and continue in force and effect and shall
be enforceable after the closing.
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10. Joint Powers Agreement The parties contemplate entering into a separate Joint
Powers Agreement addressing issues regarding improvements as well as right of way and other
issues relative to the development of the property described in Exhibit B.
11. Notices Any notice of election required or permitted to be given or served by
any party hereto upon any other shall be deemed given or served if personally delivered to an
officer of the party to be notified or if mailed by U.S. registered or certified mail, postage
prepaid, return receipt requested, or sent by reputable overnight courier, properly addressed as
follows:
If to Sellers: City of Chanhassen
690 Coulter Drive
' Chanhassen, Minnesota 55317
ATTN: Don Ashworth, City Manager
' If to Purchasers: Independent School District No. 112
110600 Village Road
Chaska, Minnesota 55318
ATTN: David Clough
' Except as otherwise expressly provided herein, each such notice shall be deemed to have been
received by, or served upon, the party to whom addressed on the date which is three (3) days
after the date upon which the same is deposited in the U.S. registered or certified mail, postage
prepaid, return receipt requested, properly addressed in the manner above provided, and if
served personally or sent by reputable overnight courier, on the date of service or delivery. Any
' party hereto may change its address for the service of notice hereunder by delivering written
' notice of said change to the other party hereunder, in the manner above specified, ten (10) days
prior to the effective date of such change.
' 12. Effective Date of Agreement This Agreement shall become effective and shall
be binding upon the parties hereto only after it has been executed by each of the parties hereto.
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13. Captions. The paragraph headings or captions appearing in this Agreement are
for convenience only, are not a part of this Agreement, and are not to be considered interpreting
this Agreement.
14. Entire Agreement: Modification This written Agreement constitutes the entire ,
and complete agreement between the parties hereto and supersedes any prior or contemporaneous ,
oral or written agreements between the parties hereto with respect to the Subject Property. It
is expressly agreed that there are no verbal understandings or agreements which in any way
change the terms, covenants or conditions herein set forth, and that no modification of this '
Agreement and no waiver of any of its terms and conditions shall be effective unless in writing
and duly executed by the parties hereto. ,
15. Binding. Effect: Survival of Terms All covenants, agreements, warranties and ,
provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns and shall survive the execution and delive ry of the
Warranty Deed described in Section 7 of this Agreement. When used herein, the singular shall ,
include the plural, the plural shall include the singular, and the use of one gender shall include
all other enders as and when the context so requires.
g req s.
16. Controlling Law This Agreement has been made and entered into under the laws
of the State of Minnesota and said laws shall control the interpretation hereof. '
17. Remedies If either party shall default in its obligations hereunder, the sole
remedies available to either party, except with respect to defaults under Paragraph 6 herein for '
which damages shall be recoverable as provided therein, shall, among other remedies available '
at law be (i) entitled to terminate this Agreement by written notice to the other party, in which
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event neither party shall have any further rights or obligations hereunder or (ii) to seek
performance of this Agreement.
18. Counterparts This Agreement may be signed in one or more counterparts, all
of which taken together shall be deemed one original.
19. Sever If any provision of this Agreement, or any application thereof, shall
be invalid or unenforceable, the remainder of this Agreement and any other application of such
provision shall not be effected thereby and shall not be rendered invalid or unenforceable.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first above written.
SELLER:
CITY OF CHANHASSEN
Dated: BY
Donald J. Chmiel, Mayor
BY:
Don Ashworth, City Manager
PURCHASER:
INDEPENDENT SCHOOL DISTRICT NO. 112
Dated: BY
Its
AND
Its
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STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 1994, by Donald J. Chmiel and by Don Ashworth, respectively the
Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on
behalf of the corporation and pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 1994, by Marjory B. Adams and by Charles E. Lawler respectively, the
Chair and Clerk of Independent School District No. 112, a Minnesota public school corporation,
on behalf of said corporation.
Notary Public
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i EXHIBIT "A"
to
REAL ESTATE PURCHASE AGREEMENT BETWEEN
CITY OF CHANHASSEN AND INDEPENDENT SCHOOL DISTRICT NO. 112
Legal Description of the Subject Property
' That part of the North Half of the Northwest Quarter of Section 15, Township 116 North,
Range 23 West of the 5th Principal Meridian, Carver County, Minnesota, lying southeasterly
' of the centerline of County State Aid Highway No. 117 (now C.S.A.H. No. 19) as traveled and
southerly of the centerline of State Trunk Highway No. 5 as traveled and westerly of a line
described as commencing at the southeast corner of the Northwest Quarter of said Northwest
' Quarter of Section 15; thence westerly, along the south line of said North Half of the Northwest
Quarter of Section 15, a distance of 137.41 feet to the point of beginning of the line to be
described; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds a distance
of 1164.32 feet to said centerline of State Trunk Highway No. 5 and said line there terminating.
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EXHIBIT "B"
to
REAL ESTATE PURCHASE AGREEMENT BETWEEN
CITY OF CHANHASSEN AND INDEPENDENT SCHOOL DISTRICT NO. 112
Public Improvement Specifications I
City shall cause to be constructed a public road ( "Collector Road") located across the ,
southerly portion of the District Parcel and City Parcel. The Collector Road shall include a
driving surface and other improvements as is normally required by the Seller.
Upon completion of the mass grading of the District Parcel and City Parcel (including
the area over said parcels for the Collector Road), a driving surface shall be completed within
thirty (30) days such that access may be provided for the construction of improvements on the
District parcel as described in this Agreement. The Collector Road shall be completed by
August 1, 1995, assuming mass grading is completed in a timely manner by District.
City shall complete the following improvements by December 31, 1994, provided District
completes mass grading in a timely fashion: I
• water service installed and serviceable
• storm sewer and roadway catch basins installed and serviceable '
• sanitary sewer installed and serviceable
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' JOINT POWERS AGREEMENT
(DEVELOPMENT PHASE)
t THIS AGREEMENT made this day of ,
1994 by and between the CITY OF CHANHASSEN, a Minnesota municipal
corporation ( "City ") and INDEPENDENT SCHOOL DISTRICT NO. 112
' ( "District ").
RECITALS:
A. This Agreement is made by the City and District
pursuant to the authority confirmed upon each party pursuant to
Minnesota Statutes Section 471.59.
B. City is the owner of the real property described on
Exhibit " A " ( "City Parcel "). District is acquiring the real
property from City described on Exhibit "B" ( "District Parcel ")
pursuant to the terms of that certain Purchase Agreement between
' City and District, a copy of which is attached hereto as Exhibit
' "C" ( "Purchase Agreement ").
C. The purpose of this Joint Powers Agreement is to
provide for the
of improvements
( "Project ") .
Therefore,
forth herein, C
cooperative design development and construction
to be located upon the District Parcel
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in consideration of the mutual covenants set
ity and District agree as follows:
1. Project Design The District shall enter into a
standard form of Agreement between Owner and Architect, AIA
' Document No. B141 (Exhibit "D "), for architectural services that
is generally consistent with the Project Site Plan and
Preliminary Concepts booklet prepared by Hamel, Green and
1 13415
CHAN /HI -WAY 5
3/30/94
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Abramson, Inc. ("HGA") dated August 10, 1993, and Design
,
Development Project Manuals: Detail and Specifications prepared
by HGA dated December 10, 1993. The City shall reimburse the
District for twenty -four (24 %) of the architectural costs for the
'
Project. The City shall reimburse the District for soil testing,
surveying and permit fees and other similar fees on the foregoing
,
percentage basis, except for attorney's fees of City and District
incurred in connection with this Project which shall be the
,
obligation of each party for their respective counsel. Payment
to the District by City shall be made within thirty (30) days
following receipt by the City of written evidence supporting the
claim for payment.
2. Bidding Contract Administration, Construction and
'
Payment The District shall be responsible for bidding, contract
administration and construction of the Project. All contracts
shall be bid in accordance with Minnesota Statutes Section '
471.345. The City and District must approve all Project bids
before a contract is entered into for Project work.
Notwithstanding the foregoing, the City agrees to approve all
Project bids if the City's sh . Are of bid costs do not exceed $2.2
million. The City shall reimburse the District for twenty -four
percent (24 %) of the cost of bidding and contract administration
and the actual cost of construction for the Project estimated to
be Nine Million One Hundred Seventeen Thousand Dollars
($9,117,000.00). Payment shall be made by the City to the
District within thirty (30) days following receipt by the City of
written evidence supporting the claims for payment. The City
13415 CHAN /HI -WAY 5
2 3/30/94
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authorizes District to approve any change order for any amounts
less than $25,000.00. All change order requests initiated by the
t Project architect, Project contractor or the District in excess
' of Twenty Five Thousand Dollars ($25,000.00) shall be approved by
the City and District. All change orders requested by the
' District or City shall be approved in writing by the other party.
Notwithstanding the foregoing, any change order requested which
solely benefits the City or District need not be approved by the
non - requesting party, provided the party requesting such change
order pays for the costs resulting from such change order.
'
3. Public Improvement Project Obligations
and
Costs
Allocation City will initiate a public
improvement
project
( "Improvement Project ") across the Subject
Parcels and other
properties. The Improvement Project will
include mass grading,
the construction of a new collector road
( "Collector
Road ")
' across the southern portion of the Subject Parcels, sanitary
sewer improvements, water improvements, storm sewer improvements
and Galpin Road improvements from Highway 5 to the Timberwood
residential property to the south of the Subject Parcels. The
public improvements shall be in conformity with the
specifications set forth on Exhibit " E " . The District's
contribution towards the improvements set forth herein (except
' for mass grading costs) has been included in the purchase price
under the Purchase Agreement. The City will construct the
Improvement Project in accordance with the requirements of
Minnesota Statutes Section 429 which will include the preparation
of a Project Feasibility Study, public hearings, award of
13415 CHAN /H1 -WAY 5
3 3/30/94
contract for Improvement Project work and the assessment of
benefiting property including the District property. The
feasibility and final assessment roll for the Improvement Project
will itemize the respected estimated and final costs for mass
grading attributable to the District Parcel, the City Parcel and
the proposed Collector Road. The cost for mass grading
attributable to the District Parcel (which shall be 50% of total
mass grading costs) shall be certified to the county and paid in
annual installments as special assessments to be paid over the
term established by the Chanhassen City Council for the Project.
Subject to this section, the District hereby waives any and all
procedural and substantive objections to special assessments,
including, but not limited to, hearing requirements and any claim
that assessments exceed the benefit to the District Parcel which
are imposed as a result of the Improvement Project.
4. Site Plan The Site Plan as approved by the City
Council on January 24, 1994, along with all conditions set forth
therein, are hereby acknowledged by District.
5. Platting Upon execution of this Agreement, City and
District shall proceed in accordance with applicable City
or
ordinances to plat the Subject Parcels. The cost associated with
platting the Subject Parcels shall be equally shared by City and
District. The District shall dedicate all rights of way, trail
and public utility easements that are necessary as determined by
City with the platting and proposed development of the Subject
Parcels.
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13415
4
CHAN /HI-WAY 5
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' 6. Insurance Each party shall maintain general liability
insurance with limits equal to or exceeding the maximum liability
set forth in Minnesota Statutes Section 466.04. Each party shall
' also maintain casualty insurance on their respective ownership
interest in the Subject Parcels. Each party shall name the other
party as an additional insured on both the general liability and
casualty insurance policies.
7. Arbitration Any dispute arising out of this Agreement
shall be submitted to binding arbitration through the American
Arbitration Association. Such arbitration shall be conducted in
accordance with the Rules for Commercial Arbitration. However,
notwithstanding anything in the Rules to the contrary, disputes
' involving any amount less than Fifty Thousand Dollars
($50,000.00) shall be submitted to a single arbitrator. In the
' event arbitration is requested by a third party involving the
1 City or District pertaining to the Project, both the City and
District shall be joined in any such arbitration proceeding.
' 8. Term This Agreement shall terminate one hundred
eighty (180) days after the completion of all the provisions set
forth in this Agreement. �
CITY OF CHANHASSEN
By:
(SEAL) Donald J. Chmiel, Mayor
13415
By:
Don Ashworth, City Manager
CHAN /HI-NAY 5
3/30/94
I.
INDEPENDENT SCHOOL DISTRICT NO. 112 1.
By:
L I
Its
Notary Public '
STATE OF MINNESOTA
)
1
By:
ss.
COUNTY OF
Its
The foregoing
instrument was
acknowledged before me this
i
STATE OF MINNESOTA
, 1994,
by and
) ss.
COUNTY OF CARVER )
the
and
The foregoing instrument was
acknowledged before me
this
day of 1994,
by Donald J. Chmiel and by Don
Ashworth, respectively the Mayor and City Manager of the
CITY OF
CHANHASSEN, a Minnesota municipal
corporation, on behalf
of the
corporation and pursuant to the authority granted by its
City
Council.
'
Notary Public '
STATE OF MINNESOTA
)
I
ss.
COUNTY OF
)
The foregoing
instrument was
acknowledged before me this
i
day of
, 1994,
by and
the
and
INDEPENDENT SCHOOL DISTRICT NO.
112, a
' of
on its behalf.
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: (612) 452 -5000 1
13415 6
CHAN /H1-WAY 5
3/30/94
V
1
EXHIBIT "All
to
JOINT POWERS AGREEMENT
I Legal Description of City Parcel
' That part of the North Half of the Northwest Quarter of Section
15, Township 116 North, Range 23 West of the 5th Principal
Meridian, Carver County, Minnesota, lying southerly of the
centerline of State Trunk Highway No. 5 as traveled and easterly
of a line described as commencing at the southeast corner of the
Northwest Quarter of said Northwest Quarter of Section 15; thence
westerly, along the south line of said North Half of the
Northwest Quarter of Section 15, a distance of 137.41 feet to the
point of beginning of the line to be described; thence northerly
deflecting to the right 90 degrees 00 minutes 00 seconds a
distance of 1164.32 feet to said centerline of State Trunk
Highway No. 5 and said line there terminating and lying westerly
of the west fork of Bluff Creek, the centerline of said creek
described as follows:
Commencing at the southwest corner of the above described
property (being the intersection of the centerline of Co. Rd. No.
117 (now C.S.A.H. No. 19) and the south line of North Half of
Northwest Quarter of said Section 15, thence on an assumed
bearing of North 89 degrees 30 minutes 44 seconds East, along the
south line of said North Half, a distance of 1809.45 feet to the
point of beginning of the centerline to be described; thence
North 10 degrees 59 minutes 16 seconds West, a distance of 595.00
feet; thence North 43 degrees 30 minutes 44 seconds East, a
distance of 438.00 feet; thence North 43 degrees 59 minutes 16
seconds West, a distance of 413.97 feet to the centerline of
State Trunk Highway No. 5 and there terminating.
i
' 13415
CHAN /HI -WAY 5
3/30/94
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EXHIBIT "B"
to
JOINT POWERS AGREEMENT
Legal Description of District Parcel
That P art of the North Half of the Northwest Quarter of Section
15, Township 116 North, Range 23 West of the 5th Principal
Meridian, Carver County, Minnesota, lying southeasterly of the
centerline of County State Aid Highway No. 117 (now C.S.A.H. No.
19) as traveled and southerly of the centerline of State Trunk
Highway No. 5 as traveled and westerly of a line described as
commencing at the southeast corner of the Northwest Quarter of
said Northwest Quarter of Section 15; thence westerly, along the
south line of said North Half of the Northwest Quarter of Section
15, a distance of 137.41 feet to the point of beginning of the
line to be described; thence northerly deflecting to the right 90
degrees 00 minutes 00 seconds a distance of 1164.32 feet to said
ce.r- - - ::line of State Trunk Highway No. 5 and said line there
ter:::inating.
1
1
13415 CHAN /HI -WAY 5
3/30/94
EXHIBIT i'Ell
to
JOINT POWERS AGREEMENT
Public Improvement Specifications
City shall cause to be constructed a public road ( "Collector
Road ") located across the southerly portion of the District
Parcel and City Parcel. The Collector Road shall include a
driving surface and other improvements as is normally required by
the Seller.
Upon completion of the mass grading of the District Parcel
and City Parcel (including the area over said parcels for the
Collector Road), a driving surface shall be completed within
thirty (30) days such that access may be provided for the
construction of improvements on the District parcel as described
in this Agreement. The Collector Road shall be completed by
August 1, 1995, assuming mass grading is completed in a timely
manner by District.
City shall complete the following improvements by December
31, 1994, provided District completes mass grading in a timely
fashion:
• water service installed and serviceable
• storm sewer and roadway catch basins installed
and serviceable
• sanitary sewer installed and serviceable
i
1 13415
CHAN /HI-WAY 5
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ATTACH:
"C" - Purchase Agreement
"D" - Agreement between Owner and Architect, AIA Document No.
B141, for architectural services
"E" - Project Site Plan and Preliminary Concepts booklet
prepared by Hamel, Green and Abramson, Inc. ( "HGA ")
dated August 10, 1993
"F" - Site Plan
OW
13415 CHAN /HI -WAY 5
3/30/94
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LEASE AGREEMENT
i
' THIS LEASE AGREEMENT made and entered into this day of
, 1994 by and between INDEPENDENT SCHOOL
' DISTRICT NO. 112, a public school corporation, organized under
the laws of the State of Minnesota ( "District ") and the CITY OF
CHANHASSEN, a municipal corporation organized under the laws of
the State of Minnesota ( "City ").
Recitals
A. WHEREAS, the City has conveyed certain real property
located within the City of Chanhassen, Carver County, Minnesota
described on Exhibit " A " ( "District Land ") to the District
pursuant to the terms of that certain Real Estate Purchase
Agreement ( "Purchase Agreement ") between the District and City
dated , 1994; and
B. WHEREAS, the District and City have executed a Joint
1 Powers Agreement (Development Phase) dated ,
1994 ( "Joint Powers Agreement ") providing for the design,
development and construction of structure for a school facility
( "School Facility ") and municipal recreational facility
( "Municipal Facility ") to be located upon the District Parcel
(the School Facility and Municipal Facility are hereinafter
referred to as "Joint Facility "); and
C. WHEREAS, the construction of the School Facility and
Municipal Facility is being financed jointly by the District and
City pursuant to the Joint Powers Agreement; and
1 13716
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CHAN /HI-WAY 5
4/1/94
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D. WHEREAS,
District and City desire to provide for the
mutual long term use
of the School Facility and Municipal
Facility; and
'
E. WHEREAS,
City certain real property described on
,
Exhibit B , ("City
"
Land") ) adjacent to District Parcel which City
will utilize in connection
with the operation of the Municipal
Facility; and
F. WHEREAS,
the City has agreed to participate with the
financing of the Joint
Facility on the condition that City be
,
provided with the
right to use a portion of the Joint Facility
pursuant to the terms of this Agreement;
NOW, THEREFORE, in consideration of the foregoing and of the
terms and conditions hereinafter made and mentioned, to be kept
and performed by District and City, the District does hereby
lease to City, and the City does hereby take from District, the
premises described on Exhibit "C" ( "City Premises ") pursuant to
the following provisions:
1. TERM City shall have and hold the City Premises, I
located upon the District Land and within the Joint Facility,
with appurtenances thereto, pursuant to the Joint Powers
e
Agreement, without any liability or obligation on the part of
District to make repairs, alterations or improvements, except as
provided in the Joint Powers Agreement and this Agreement, for a
period of ninety nine years from , 1994 to
, 2093.
13716 CHAN /HI -WAY 5
2 4/1/94
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2. ACCEPTANCE OF PREMISES City shall have the right to
inspect the City Premises prior to accepting delivery of the same
under this Agreement. The City Premises shall be constructed in
accordance with the terms of the Joint Powers Agreement. Upon
approval of the construction of the City Premises, City
acknowledges that it is accepting the City Premises in such
condition after such approval for the purposes for which the City
Premises are being leased. City shall advise District of the
necessity for completion of "punch- list" items by the contractor
' pursuant to the Construction Contract referenced in the Joint
Powers Agreement,
3. RENT The rental payment for the entire term of this
Agreement shall be One Dollar ($1.00).
4. UTILITY SERVICES
(a) District shall provide all utility services to the City
Premises. Such services shall include water, sewer, gas and
electricity ( "Utilities "), but shall not include telephone
services. The City's share of cost for Utilities shall be
twenty-four percent (24 %) of all billings to District for
Utilities provided to the Joint Facility.
(b) Prior to December 1 of each year, the Joint Facility
Operations Committee as defined herein shall estimate the
anticipated cost of Utilities for the School Facility and City
L Premises for the next calendar year. Such estimates shall be
based on previous billings for the cost of Utilities and shall
also be based upon any other information available to said
13716 CHAN /HI-WAY 5
3 4/1/94
Committee which would aid said Committee in determining estimated
cost of Utilities.
(c) City shall remit to District before the tenth (10th)
day of each month a payment equal to one - twelfth (1/12) of the
annual estimated City share of cost of Utilities.
(d) In December of each year the Joint Facility Operations
Committee shall determine the cost of Utilities for the previous
twelve (12) months. Within thirty (30) days of such calculation,
City shall pay to District the difference between City's share of
actual cost of Utilities for the previous year and the paid
estimated cost of Utilities, if such estimate payment total is I
less than the actual cost of Utilities. In the event the total
estimated cost of Utilities annual payment exceeded the actual
cost, the District shall pay to City, within thirty (30) days of
December 1 of each year, the difference between the estimated and
actual costs for the previous twelve (12) months.
(e) It is the anticipation of the City and District that
the twenty -four percent (24 %) share of cost of Utilities will
approximate City's use of Utilities. City or District may, at
any time during this Agreement, propose to the Joint Facility
Operations Committee a different percentage of share of Utilities ,
cost based upon actual use. Any dispute regarding approximate
allocation of Utilities may be submitted to arbitration. In the
event this matter is submitted to arbitration, authority of the
arbitrator is limited to the year during which the arbitration
occurs and the previous calendar year.
13716 CHAN /HI -WAY 5
4 4/1/94
5. JOINT FACILITY OPERATIONS COMMITTEE For the duration
of this Agreement, there shall be established a Joint Facility
Operations Committee, the purpose of which is to: oversee
budgeting and allocation of costs of Utilities; evaluate
insurance needs for the Joint Facility; planning improvements;
oversee mechanical and physical operations of the Joint Facility;
oversee the landscaping of the Joint Facility pursuant to the
Site Plan approved by the City for the Joint Facility; and
' oversee the mechanical and structural soundness of the Joint
Facility. The Committee shall meet at least once every six (6)
months. City and District shall each appoint two representatives
to serve on the Committee.
6. MAINTENANCE, REPAIR, REPLACEMENT AND IMPROVEMENTS
(a) Maintenance City shall be solely responsible for the
maintenance and upkeep of the City Premises, including the upkeep
and maintenance of all equipment located within the Premises.
(b) Repairs and Replacement City shall be solely
l responsible for repairs to all equipment, improvements,
machinery, furnishings and fixtures located within the City
Premises, except for the repair and replacement of common major
' systems affecting the Joint Facility. "Common Major Systems"
shall mean the following:
Roof System
Exterior Walls
Structural Support Systems (including foundation)
Electrical
Plumbing
HVAC
Sewer and Water
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CHAN /HI -WAY 5
4/1/94
(c) Notice and Payment All repairs and replacement of
Common Major Systems to the Joint Facility shall be undertaken by
District and City pursuant to this subparagraph. City and i
District shall promptly notify each other and the Joint Facility
Operations Committee members in writing of the existence or '
perceived existence of a condition of any Common Major System in
need of repair or replacement. Prior to the commencement of any
repairs or work to replace any Common Major System, City and
District shall agree on the proposed course of action to repair
or replace a Common Major System, and shall direct the Joint '
Facility Operations Committee to prepare a recommendation on how
to proceed with repairs or replacement of any Common Major
System. Thereafter, City and District shall agree on the overall
cost to complete such repairs or replacement. The City shall be
responsible for twenty -four percent (240) of the cost for Common
Major System repairs or replacement. The District shall be
responsible for seventy -six percent (76 %) of such costs. It is
further provided, however, that routine maintenance and minor
repairs with an aggregate cost of labor and materials not
exceeding One thousand Dollars ($1,000.00) to Common Major
Systems shall be excepted from the notice provisions set forth
1
above. Either party may initiate said repairs as needed. The
accounting for city and District for such repairs shall be
undertaken by the Joint Facility Operations Committee during
December of each year and allocated between the parties based
upon the percentage set forth above. It is further agreed and
13716 CHAN /HI-WAY 5
6 4/1/94
understood that in the event of exigency, emergency repairs to
Common Major Systems may be undertaken by either City or
I District.
1
(d) Improvements Any proposed improvements to the Joint
Facility shall be reviewed by the Joint Facility Operations
Committee and approved by City and District. The cost allocation
for such improvements shall be as provided for in paragraph 6(c).
(e) Arbitration Any unresolved disputes pertaining to
repairs, replacement or improvements to the Joint Facility shall
be resolved by arbitration as provided for in this Agreement.
7. ALTERATIONS AND IMPROVEMENTS TO CITY PREMISES City
shall have the right to alter or improve the City Premises at its
sole discretion, provided such alterations and improvements do
not affect the structural or architectural integrity of the Joint
Facility and provided any alterations or improvements do not
interfere with the use of the School Facility by District. The
alternations affecting part of the Joint Facility anticipated for
Common Usage shall require approval of both parties, whose
consents shall not be unreasonably withheld.
S. JANITORIAL SERVICES /GARBAGE COLLECTOR City shall be
responsible for all janitorial services and garbage collection
for the City Premises.
9. SNOW REMOVAL City shall be responsible for all snow
and ice removal for streets, sidewalks and parking lots affecting
the City Premises.
1 13716
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CHAN /HI-NAY 5
4/1/94
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10. USE The District intends to use the property as an
elementary school and uses usual and customary in conjunction
with said use. The City intends to use the property to provide '
recreational services. '
It is mutually contemplated that each party will make the
Joint Facility available to the public and community and civic '
organizations on an ongoing basis. To the extent that a use not
contemplated above is desired by either party, said party shall '
notify the other party in writing of the intended use and provide
such information as may be requested by the other party.
11. COMMON USAGE AND LANDSCAPING The parties anticipate
common usage of the gymnasium for hours other than during the
regular school day. The Joint Facility Operations Committee
shall undertake to meet and establish procedures including times
of use, supervision, maintenance and accountability for damages
or misuse of the gymnasium.
The exterior of the property is being developed pursuant to
a Site Plan including landscaping of trees, shrubs and the like.
It is the mutual anticipation of the parties that the outside
appearance of the premises shall remain substantially as et forth
in the Site Plan. Each party shall undertake to make necessary
repairs, replace dead foliage and to undertake such other
activities as may be necessary to preserve the attractive '
appearance of the property surrounding the Joint Facility.
12. INSURANCE City shall, at its own cost and expense, r
purchase and continue in force, in the names of District and
13716
CHAN /HI-WAY 5
8 4/1/94
r
1.
City, general liability insurance against any and all claims for
injuries to persons or damage to property occurring in, upon or
about the City Premises during the term of this Lease, or any
renewal thereof, such insurance to be in an amount not less than
Dollars ($
I for injuries to persons in one accident, not less than
1 for injury to any one person, and not less than
I
Dollars ($
Dollars ($
N
for damage to property. Such insurance shall be written by a
company or companies authorized to engage in the business of
general liability insurance in the State of Minnesota, and there
shall be delivered to District customary certificates evidencing
such paid -up insurance, which certificates are to be issued by
the insurance companies and which certificates shall further
provide that such general liability insurance may not be
cancelled unless Lessor is notified in writing ten (10) days
prior to any such proposed cancellation.
City and District agree that during the term of this Lease
or any renewal thereof, City and District will jointly purchase
if
and continue in force, in the names of District and City, fire,
boiler (if applicable) and extended coverage insurance on the
Joint Facility situated on the District Land for the full
replacement value thereof. Such insurance coverage shall at no
time be less than Nine Million One Hundred Seventeen Thousand
Dollars ($9,117,000.00). City shall be responsible for twenty -
13716 CHAN /HI-NAY 5
9 4/1/94
four (24 %) of all insurance premiums within thirty (30) days of
receiving the invoice for the same.
Such insurance shall be written by a company or companies
'
authorized to engage in the business of fire and extended
coverage insurance in the State of Minnesota, and there shall be
delivered to District customary certificates evidencing such
,
paid -up insurance, which certificates are to be issued by the
insurance companies and which certificates shall further provide
that such fire and extended coverage insurance may not be
cancelled unless District and City are notified in writing ten
(10) days prior to any such proposed cancellation.
All insurance policies, or certificates thereof, shall be
delivered by the procuring party to the other party prior to the
commencement of the Lease term and evidence of any renewal of
such insurance shall be delivered to each party not less than
fifteen (15) days prior to the expiration of the term of such
coverage.
District and City hereby grant to each other on behalf of
any insurer providing fire and extended coverage to either of
them covering the Joint Facility, improvements thereon or '
contents thereof, a waiver of any right of subrogation any such
insurer of one party may acquire against the other by virtue of '
payment of any loss under such insurance, such waiver to be '
effective so long as each is empowered to grant such waiver under
the terms of its insurance policy or policies involved without
payment of additional premiums. Such waiver shall stand mutually
13716 CHAN /HJ -WAY 5 '
10 4/1/94
I
i terminated as of the date either District or City ceases to be so
empowered. Neither party shall have any interest in the proceeds
' of insurance received by the other party.
13. INDEMNIFICATION City shall indemnify and save
harmless District against all liabilities, damages, claims,
' fines, penalties, costs and other expenses, including all
attorneys' fees, which may be imposed upon, incurred by or
' asserted against District by reason of all of the following: (a)
' any use or condition of the City Premises or any part thereof;
(b) any personal injury or property damage occurring on the City
' Premises; (c) any negligence on the part of City, its agents,
contractors, licensees or invitees; (d) any failure to comply
' with any requirement of any governmental authority; (e) any
prosecution or defense of any suit or other proceeding in .
' discharging the City Premises or any part thereof from any liens,
' judgments or encumbrances created upon or against the same or
against City's leasehold estate; (f) any proceedings in obtaining
possession of the City Premises after the termination of this
Lease by forfeiture or otherwise; (g) any litigation commenced by
' or against City to which District is made a party without any
fault on the part of District; (h) any response costs, other
damages and expenses (including attorneys' fees) which may be
' imposed upon, incurred by or asserted against District by reason
of the use, release, threatened release or disposal of Hazardous
Wastes (as defined herein) at the City Premises; and (i) any
' failure on the part of City to perform or comply with any
13716 CHAN /HI-WAT 5
11 4/1/94
the term of this Lease by fire or other casualty, District agrees
'
covenant or agreement required to be performed or complied with
hereunder.
by Lessee
14. IMPAIRMENT OF USE
(a) In the event of any damage to the City Premises during
!
the term of this Lease by fire or other casualty, District and
'
City agree that the City Premises shall be repaired and restored
with reasonable dispatch. District's obligation for the cost
'
repairs under this paragraph shall be limited to the amount of
'
insurance proceeds available to District allocated to the damage
'
to the City Premises. In the event of damage to the City
'
Premises due to fire or other casualty, District shall not be
responsible for repairing or restoring any improvements, personal
property or machinery of City.
'
'
(b) In the event of damage to the School Facility during
the term of this Lease by fire or other casualty, District agrees
'
to rebuild or repair such damage to the School Facility with
reasonable dispatch, provided such cost of repairs are limited to
the amount of insurance proceeds available to District which are
to the School Facility damages.
allocated
15. SUBLEASE ASSIGNMENT OR TRANSFER.
'
(a) The District or City may not, voluntarily or by
operation of law, assign, mortgage, pledge, lease, sublease or
'
otherwise transfer ( "transfer ") this Lease, the City Premises or
the School Facility, or any interest held by either party in the
'
Joint Facility, or the District Property, except as provided
under this paragraph.
13716 CHAN /HI -WAY 5
12 4/1/94
'
1
�1
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F�
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(b) If either party desires to transfer its interest in the
Joint Facility to a third party, such party shall so notify the
other party in writing at least one year prior to the proposed
effective date of the transfer. For a period of one hundred
eighty (180) days following receipt of notice of a proposed
transfer, the non - transferring party shall have the option to
purchase the transferring party's interest. The purchase price
shall be determined by City and District. The purchase price for
the City Premises shall be in an amount equal to twenty -four
percent (24 %) of the fair market value of the Joint Facility.
Said market value shall be for the improvement only and shall not
include any consideration for the District Land. The purchase
price for the School Facility shall be equal to seventy -six
percent (76 %) of the value of the Joint Facility. For purposes
of a transfer by the District, the sale shall include the
District Land and the sale price shall be the fair market value
of the District Land plus seventy -six percent (76 %) of the fair
market value of the Joint Facility. In the event District and
City cannot agree on a purchase price for either party's
interest, the issue of purchase price shall be determined by
01
arbitration as provided for in this Agreement. If the option to
purchase is exercised by either party, the purchase price shall
be due and payable as of the affective date of the proposed
transfer occasioning the option to purchase.
(c) In the event the non - transferring party elects not to
purchase the non - transferring party's interest, the transferring
13716
13
CHAN /HI-WAY 5
4/1/94
16. REMOVAL OF EQUIPMENT All alterations, additions, ,
improvements and fixtures which may be made or installed by any
of the parties upon the City Premises and which are in any manner '
attached to the floors, walls or ceilings shall become the
property of the District at the termination of this Lease and
shall remain upon and be surrendered with the City Premises. '
Provided, City may remove each and every fixture whether or not
13716 CHAN /HI-WAY S '
14 4/1/94
party shall provide the other party with a copy of the proposed
transfer agreement, financial information, bank references and
financial statements of the proposed transferee and such further
information as the non - transferring party deems necessary
,
concerning the proposed transfer. Within ninety (90) days after
,
non - transferring party's receipt of all required information
concerning the proposed transfer, and the satisfaction of all of
,
the conditions specified above, the non - transferring party shall
have the following options:
'
(i) To consent to the proposed transfer; or
the transfer to
'
(ii) To submit objections to arbitration.
The determination by the arbitrator shall be based upon whether
'
the terms of the proposed transfer would be inconsistent with the
non - transferring party's use of the Joint Facility. The
,
arbitrator may further impose such conditions upon transferee as
may be necessary to protect the interests of the non - transferring
party.
'
16. REMOVAL OF EQUIPMENT All alterations, additions, ,
improvements and fixtures which may be made or installed by any
of the parties upon the City Premises and which are in any manner '
attached to the floors, walls or ceilings shall become the
property of the District at the termination of this Lease and
shall remain upon and be surrendered with the City Premises. '
Provided, City may remove each and every fixture whether or not
13716 CHAN /HI-WAY S '
14 4/1/94
I
attached to the floor, wall or ceilings, so long as the following
conditions are satisfied:
(a) Such fixtures are removed within ten (10) days after
the end of the lease term;
(b) Such removal will not cause permanent damage to the
City Premises;
' (c) The City Premises are restored by City at its expense
to the condition in which it was before such fixtures were
installed.
' DEFAULT All rights and remedies of District and City
herein enumerated shall be cumulative and none shall exclude any
other right or remedy allowed by law. It is agreed that in the
event:
' (a) That District or City shall fail, neglect or refuse to
' pay any monies due pursuant to this Agreement when and as the
same shall become due and payable under the terms hereof;
' (b) That any voluntary or involuntary petition or similar
pleading under any section or sections of any bankruptcy act
' shall be filed by or against District or City, or any voluntary
or involuntary proceeding in any court or tribunal shall be
instituted to declare District or City insolvent or unable to pay
' their respective debts, and the same shall not be dismissed or
discharged within thirty (30) days after notice thereof in
' writing given to bankrupt or insolvent party by the other party;
(c) District or City shall default, fail, neglect or refuse
t to keep and perform any of the other covenants, conditions,
1 13716 CHAN /HI -WAY 5
15 4/1/94
1
stipulations or agreements herein contained and covenanted and
agreed to be kept and performed by it, and in the event such
than thirty days
'
default shall continue for a period of more (30)
after notice thereof in writing given to the defaulting party by
'
the non - defaulting party. Provided, however, that if the cause
for giving such notice involves the making of repairs or other
,
matters reasonably requiring a longer period of time than the
period of such notice, City shall be deemed to have complied with
'
such notice so long as it has commenced to comply with said
,
notice within the period set forth in the notice and is
diligently prosecuting compliance with said notice, or has taken
'
proper steps or proceedings under the circumstances to prevent
the seizure, destruction, alteration or other interference with
,
City Premises by reason of non - compliance with the requirements
'
of any law or ordinance or with the rules, regulations or
directions of any governmental authority as the case may be;
'
18. DISTRICT'S REMEDIES UPON DEFAULT District may, at any
time after such default or violation of condition or covenant,
'
pursue any remedies available to it at law or in equity
including, but not limited to, specific performance and damages.
'
19. CITY'S REMEDIES UPON DEFAULT City may, at any time
'
after such default or violation of condition or covenant, pursue
any remedies available to it at law or in equity including, but
'
not limited to, specific performance and damages.
20. ARBITRATION Any dispute arising out of this Agreement
'
shall be submitted to binding arbitration through the American
,
13716 CHAN /HI-WAY 5
16 4/1/94
1
Arbitration Association. Specific references to the availability
of arbitration set forth in this Agreement shall not be construed
' to limit the right of either party to submit any disputes arising
under this Agreement to binding arbitration. Such arbitration
' shall be conducted in accordance with the Rules for Commercial
Arbitration. However, notwithstanding anything in the Rules to
' the contrary, disputes involving any amount less than Fifty
Thousand Dollars ($50,000.00) shall be submitted to a single
arbitrator.
' 21. QUIET POSSESSION District warrants to City the quiet,
peaceful and undisturbed possession of the City Premises during
' the full term of this Lease and agrees not to use the school
facility in a way which interferes with the use of the City
Premises by the City.
' 22. TITLE District covenants that it has full right and
lawful authority to enter into this Lease for the full term
aforesaid and that it is lawfully seized of the City Premises.
1 13716 CHAN /HI-WAY 5
17 4/1/94
23. EMINENT DOMAIN
In the event, after the execution of
'
this Lease or
during the
term thereof or extension, the City
Premises or a
part thereof
is taken by right of eminent domain or
the authority
of the law,
to the extent that the intended use
'
herein cannot
be attained
by Lessee, Lessee may, at its option,
terminate this
Lease by ninety
(90) days written notice to
'
Lessor.
In the event
damages
are awarded for such taking, such
'
damages shall
be allocate
between City and District.
1 13716 CHAN /HI-WAY 5
17 4/1/94
24. WAIVER OF CLAIMS All property belonging to City or I
any occupant of the City Premises shall be there at the risk of
City or such other person only, and District shall not be liable '
for any damage thereto and City waives all claims against
District for damages to persons or property sustained by City or '
any occupant of the City Premises.
'
25. HAZARDOUS MATERIALS
A. Hazardous Substance. As used herein, "Hazardous
'
Substance" shall mean any substance, element, compound, solution,
mixture or combination thereof which because of its quantity,
concentration or physical, chemical or infectious characteristics
'
presents, may present or could present danger or potential danger
for damage, injury or illness to health, welfare or to the
'
environment, including, but not limited to: (i) those substances
which are inherently or potentially radioactive, explosive,
,
ignitable, corrosive, reactive, carcinogenic or toxic, (ii) the
'
following: asbestos, urea formaldehyde, polychlorinated
biphenyls, nuclear fuel or materials, chemical waste, radioactive
'
materials, known carcinogens and petroleum products, and (iii)
other substances or materials which are defined as hazardous
substances or which are included under or regulated by any local,
state or federal law, rule or regulation pertaining to environ-
mental regulation, contamination or cleanup, including without '
limitation the Comprehensive Environmental Response Compensation
and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"), as '
amended by the Superfund Amendments and Reauthorization Act of
13716 CHAN /HI-WAY 5 ,
18 4/1/94
1
�
H
1986 ( "SARA "), 42 U.S.C. §§ 9601 -9675, the Federal Resource
Conservation and Recovery Act of 1976 ("RCRA"), the Minnesota
Environmental Response and Liability Act ( "MERLA"), Minn. Stat.
Ch. 115B, or any other state or federal super lien or
environmental cleanup statutes, laws, ordinances or regulations,
all as the same may be amended from time to time.
B. City's Responsibility. City hereby covenants, repre-
sents and warrants to District that at all times during the term
of this Lease, or renewals thereof, City shall not manufacture,
process, distribute, use, produce, treat, store, dispose or allow
to be present any Hazardous Substance in or about the City
Premises, other than those needed to operate the recreational
facility.
26. SURRENDER UPON TERMINATION Upon termination of this
Lease, whether through expiration or otherwise, City shall
quietly surrender and deliver up the City Premises subject to the
exceptions herein set forth and ordinary use and wear and damage
by the elements excepted.
27. RIGHT TO INSPECT Following reasonable notice from
District to City, District and its agents shall have reasonable
access to the City Premises during all reasonable hours for the
purpose of examining the same and to ascertain if they are in
good repair.
28. WAIVER One or more waivers of any covenant, term or
condition of this Lease by either party shall not be construed by
the other party as a waiver of a subsequent breach of the same
1 13716
19
CHAN /HI-NAY 5
4/1/94
covenant, term or condition. The consent or approval of either
party to or of any act by the other party of a nature requiring
consent or approval shall not be deemed to waive or render
'
unnecessary consent to or approval of any similar act.
,
29. RELATIONSHIP OF PARTIES Nothing contained in this
Lease shall be deemed or construed by the parties hereto or by
'
any third party to create the relationship of principal and agent
or of partnership or of joint venture or of any association
'
whatsoever between District and City, it being expressly
that the
'
understood and agreed neither payment of rent nor any
act of the parties hereto shall be deemed to create any relation-
'
ship between District and City other than the relationship of
landlord and tenant.
'
30. MODIFICATION Any modification of this Agreement shall
be binding only if evidenced in a writing signed by City and
,
District.
31. ADDITIONAL DOCUMENTS City and District agree to '
execute and deliver to each other any documents either party ,
deems necessary to carry out the intent of this Agreement.
32. GOVERNING LAW The laws of the State of Minnesota
shall govern the validity, performance and enforcement of this
Lease.
33. SAVINGS CLAUSE The invalidity or unenforceability of
any provision of this Lease shall not affect or impair the
validity of any other provision. ,
13716 CHAN /HI-WAY 5 '
20 4/1/94
' 34. SECTION HEADINGS The section titles herein are for
convenience only and do not define, limit or construe the
contents of any paragraph or provision hereof. Whenever the
singular is used, the same shall include the plural.
' 35. NOTICE All notices and requests which may be given or
' which are required to be given hereunder shall be sent by United
States Mail, postage prepaid, certified with return receipt
' requested as follows:
IF TO DISTRICT!
' Independent School District No. 112
ATTENTION:
' 36. BINDING EFFECT Each and all of the terms and
conditions of this Lease shall extend, apply to and firmly bind
' the successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their
hands all on the day and yeat first above written.
' 13716
DISTRICT:
INDEPENDENT SCHOOL DISTRICT NO. 112
By:
Its
�al
CHAN /HI-NAY 5
4/1/94
IF TO CITY:
'
City of Chanhassen
690 Coulter Drive
'
Box 147
Chanhassen, MN 55317
ATTENTION:
' 36. BINDING EFFECT Each and all of the terms and
conditions of this Lease shall extend, apply to and firmly bind
' the successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their
hands all on the day and yeat first above written.
' 13716
DISTRICT:
INDEPENDENT SCHOOL DISTRICT NO. 112
By:
Its
�al
CHAN /HI-NAY 5
4/1/94
J
By: 1 Its
CITY:
CITY OF CHANHASSEN
1
By:
(SEAL) Donald J. Chmiel, Mayor 1
B y . 1 Don Ashworth, City Manager
STATE OF MINNESOTA )
) ss. 1
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 1
day of , 1994, by and
the and
of INDEPENDENT SCHOOL DISTRICT NO. 112, a public school
corporation, on behalf of said corporation. 1
Notary Public 1
STATE OF MINNESOTA )
ss. 1 COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of , 1994, by Donald J. Chmiel and by Don 1
Ashworth, respectively the Mayor and City Manager of the CITY OF
CHANHASSEN, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City 1
Council.
r
Notary Public 1
THIS INSTRUMENT WAS DRAFTED BY: 1
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve 1
Eagan, MN 55121
Telephone: (612) 452 -5000
JRW
13716 CHAN /HI-WAY 5 1
22 4/1/94
1
EXHIBIT "B"
to
LEASE AGREEMENT
i
Legal Description of City Land
1
i That part of the North Half of the Northwest Quarter of Section
15, Township 116 North, Range 23 West of the 5th Principal
Meridian, Carver County, Minnesota, lying southerly of the
centerline of State Trunk Highway No. 5 as traveled and easterly
i of a line described as commencing at the southeast corner of the
Northwest Quarter of said Northwest Quarter of Section 15; thence
westerly, along the south line of said North Half of the
i Northwest Quarter of Section 15, a distance of 137.41 feet to the
point of beginning of the line to be described; thence northerly
deflecting to the right 90 degrees 00 minutes 00 seconds a
distance of 1164.32 feet to said centerline of State Trunk
i Highway No. 5 and said line there terminating and lying westerly
of the west fork of Bluff Creek, the centerline of said creek
described as follows:
i Commencing at the southwest corner of the above described
property (being the intersection of the centerline of Co. Rd. No.
117 (now C.S.A.H. No. 19) and the south line of North Half of
i Northwest Quarter of said Section 15, thence on an assumed
bearing of North 89 degrees 30 minutes 44 seconds East, along the
south line of said North Half, a distance of 1809.45 feet to the
i point of beginning of the centerline to be described; thence
North 10 degrees 59 minutes 16 seconds West, a distance of 595.00
feet; thence North 43 degrees 30 minutes 44 seconds East, a
i distance of 438.00 feet; thence North 43 degrees 59 minutes 16
seconds West, a distance of 413.97 feet to the centerline of
State Trunk Highway No. 5 and there terminating.
VI
CHAN /HI-NAT 5
4/1/94
EXHIBIT "C"
to
LEASE AGREEMENT
Legal Description of City Premises
[NEW DESCRIPTION FORTHCOMING]
13716
CHAN /HI-UAY 5
4/1/94
Corporatim or Partncrship to
co"t on or Putnership
No delinquent taxes and transfer entered; Certificate of
Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
,19
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: S
Date: .19 94
FOR VALUABLE CONSIDERATION. City of Chanhassen
a municipal
prider
strict o. the laws of
Minnesota Grantor, hereby conveys and warrants to epen e n c o0
Di ,
public school corporatio the laws of inneso a Grantee, a
real property in
Carver County, Minnesota, described as follows:
SEE ATTACHED EXHIBIT "A"
(if more "or u needed, corm— m back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Affix Deed Tax Stamp Here
CITY OF CHANHASSEN
By
Its Mayor
By
STATE OF MINNESOTA Its City_ Manager
COUNTY OF CARVER
The foregoing instrument was acknowledged before me this day of 19 94
b Donald J. Chmiel and Don Ashworth
th Mayor and City Manager
of the City of Chanhassen a municipa corporatio
Minnesota on behalf of the y
under the laws of Cit of Chanhassen
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
THIS INSTRUMENT WAS DRAFTED BY (NAME AND
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121 -1200
JRW
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
J
Tax Statements for she seal property described in this instnanent
should be seen to (include name and address of Gmnw):
Independent School District No. 112
110600 Village Road
Chaska, MN 55318 '
t
EXHIBIT "All
to
WARRANTY DEED
Legal Description
' That part of the North Half of the Northwest Quarter of Section
15, Township 116 North, Range 23 West of the 5th Principal
' Meridian, Carver County, Minnesota, lying southeasterly of the
centerline of County State Aid Highway No. 117 (now C.S.A.H. No.
19) as traveled and southerly of the centerline of State Trunk
Highway No. 5 as traveled and westerly of a line described as
' commencing at the southeast corner of the Northwest Quarter of
said Northwest Quarter of Section 15; thence westerly, along the
south line of said North Half of the Northwest Quarter of Section
15, a distance of 137.41 feet to the point of beginning of the
line to be described; thence northerly deflecting to the right 90
degrees 00 minutes 00 seconds a distance of 1164.32 feet to said
centerline of State Trunk Highway No. 5 and said line there
terminating.
o
State of Minnesota,
County of
Carver
1J. Affidavit Regarding Corporation
DON AS HWORTH
being first duly sworn, on oath say(s) that:
1. (TW*yIxdt2s) (_he is) the Cit Manager avn�h�
respectively, of the City of Chanhassen
a municipal corporation, the corporation
named as _
dated
as Document N
Page
in the document
19—, and filed for record ' 19— '
(or in Book of
_) in the Office of the (County Recorder) (Registrar of Titles) of
County, Minnesota.
2. Said corporation's principal place of business is at 690 Coulter Drive,
Chanhassen, Minnesota 55317 and said corporation's
previous principal place(s) of business during the past ten years (has) (Miv*7been at:
690 Coulter Drive, Chanhassen, MN 55317.
3. There have been no:
a. Bankruptcy or dissolution proceedings involving said corporation during the time said corp-
oration has had any interest in the premises described in the above document ( "Premises ");
b. Unsatisfied judgments of record against said corporation nor any actions pending in any
courts, which affect the Premises;
C. Tax liens filed against said corporation;
except as herein stated: None .
4. Any bankruptcy or dissolution proceedings of record against corporations with the same or similar
names, during the time period in which the above named corporation had any interest in the Premises,
are not against the above named corporation.
5. Any judgments or tax liens of record against corporations with the same or similar names are not
against the above named corporation.
6. There has been no labor or materials furnished to the Premises for which payment has not been
made.
7. There are no unrecorded contracts, leases, easements or other agreements or interests relating to
the Premises except as stated herein: None.
8. There are no persons in possession of any portion of the Premises other than pursuant to a recorded
document except as stated herein: if
9. There are no encroachments or boundary line questions affecting the Premises of which Affiant(s)
(has) (have) knowledge.
Affiant(s) know(s) the matters herein stated are true and make(s) this Affidavit for the purpose of
inducing the passing of title to the Premises.
DON ASHWORTH
Subscribed and sworn to before me
this day of 19 9 4
SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
(NAME
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121 -1200
1
— dw .
MI 12
_ S TA TRUNK H'
Ix
\J L 1 �T.1, • y ' �. � - ?7'Ss ... -«r , _.C' � \ 1�C •� �. � ,.i\ tea. �_
j // li!11 /I" 01)•p �'"°c� °°°'°'» ._ \ \ \ \ I 1 \ ell T
• I III 11 I I � h � �� r v ��� ' - "'1 . h•1 f A._� V _ �v -• �;I ,A A .�v A.
lli /1. \\ 1 1 \ \\ \ \\ \ .- .�.,........,...,. � � 'Y / !_, -• _ / \ 1 ... /_ -• _ � / // , \`� I \
DON ASHWORTH
AGENDA
CHANHASSEN ELEMENTARY SCHOOL SITE CITY TASK FORCE
THURSDAY, OCTOBER 7, 1993, 5:29 P.M.
CITY COUNCIL CHAMBERS, CITY HALL, 690 COULTER DRIVE
5:30 P.M. - CALL TO ORDER
Introductions and Supper
Opening Remarks -Todd Hoffman, Park and Recreation Director
6 - 6:30 P.M. - REVIEW EXTERIOR PROGRAM
Dave Leschek - Architect, Hammel Green and Abrahamson.
Bob Rothman - Architect, Hammel Green and Abrahamson.
rw imorin u ia .s1 maj 3B o.rr: i s ) . atw�7c�ul
D.
B ob Ro thman,
7:15 - 8:15 P.M. - TASK FORCE DISCUSSION
Interior Program Proposal
8:15 - 8:30 P.M. - CONCLUSIONS
if
ri
1
C
f '
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 0 FAX (612) 937 -5739
TO: Chanhassen Elementary School Site City Task Force
FROM: Todd Hoffman, Park and Recreation Director
DATE: October 1, 1993
SUBJ: Community Group Design Development Meeting #2
Thank you for your input during the first community user group design development meeting.
You will notice some big changes on the new plans, which are enclosed. These changes were
precipitated by the discussion on September 14, 1993, and by the need to relocate the school to
the westerly side of the site. The desire to relocate the school correlates directly to soil boring
results, which indicate some marginal soils on the ease side of the site. These soils would
require an elaborate system of footings for the school; however, it is the architect's current
opinion that they will adequately support athletic fields.
As you see, the group's desire to maximize usage of the property is honored on the new plan.
The squeezing in of facilities, however, leaves me with one fear. Facilities can no longer be
added. The only direction from here is down. I bring this up because as the site plan develops,
there will be pressure for space to accommodate water retention ponds, landscaping buffers,
berming and slope requirements, potential future parking expansion, etc. Please ask yourself
these questions as you review the plan. Is parking convenient? It sure would be nice to have
a "blank ". Do the traffic patterns make sense? Etc. Remember, we are traveling down a design
road which has a terminus (the end of OcAober). Once we reach that point, the plan begins to
take life and making changes becomes difficult and costly.
Moving to the interior program, you will see an exciting layout, including a gym, aerobics room,
fitness room, four meeting rooms, locker rooms, toilets, storage, and a small control space. As
you recall, Option 1 (the more expensive) includes an elevated running/walking track above the
gyms. The city has asked HGA to re -look this component to allow more discussion/ exploration
to occur prior to ruling it out. Your packet includes an attachment which describes the different
rooms and their potential finishes. What do you think? How this floor plan will function in the
"real" world is the challenge you are asked to unravel. So please, use your imagination to visit
this proposed building and let us all know what you find out. Just think, this time next year the
building site will be taking shape in anticipation of opening in the fall of 1995 - less than two
years away.
See you Thursday.
MEMORANDUM
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15 September 1993
Todd Hoffman
Park & Recreations Director
690 Coulter Drive
Chanhassen, Minnesota 55317
Re: Chanhassen New Elementary School
HGA Commission Number 1400.003.01
Dear Todd:
This letter and attached site boundaries plan is to inform all parties involved with
the design of the new elementary school for ISD 112 of the site boundary
assumptions being made by HGA. HGA must make these assumptions in order to
continue with the project schedule identified in the building program document
dated August 25, 1993.
HGA would like for all parties to be aware of the fact that significant deviations
from the assumptions indicated may have a major impact on the design of the
facility and site which has been developed to date.
Persons and /or agencies not in agreement with the assumptions indicated by HGA
should contact HGA immediately so that an agreement can be reached and its
impact on the project identified.
Sincerely,
0
HAMMEL GREEN AND ABRAHAMSON, INC.
David Leschak
Architect
dml9j.wp5
Enclosure
cc: Jim Goulet, HGA
Bob Rothman, HGA
Ted Rozeboom, HGA
n
s
81TE "NDFICS
NEW. ELEMENW -Y SCHCOL
L�Yyf�•� GhAWAWN, MINN[SOTA
I� tMe YM
I
rower
I
- 5T�1C 7FUN, , uuuwtlY Nr s
DUILDING 81TE , .,,
'lNrUr Wct'I'
= = = = = = m = = = = r = = = = = r
�?/z/emu
SPACE REQUIREMENT: NEW ELEMENTARY SCHOOL - CHANHASSEN
COMMUNITY PROGRAM
HGA Commission Number 1400.003.01
AREA: MULTI- PURPOSE ROOM
GENERAL DESCRIPTION: AREA FOR CLASS INSTRUCTION, MEETINGS AND
SOCIAL FUNCTIONS
TOTAL SQUARE FEET OF AREA: 4000 SF
UTILITY REQUIREMENTS:
ELECTRICAL (POWER AND LIGHTING): 110V OUTLETS, FLUORESCENT
LIGHTING, CABLE TV, CLOCK, INTERCOM, SPEAKERS, PROJECTION
SCREEN
HVAC: AIR CONDITIONING
PLUMBING: SINK
STORAGE REQUIREMENTS: TALL STORAGE CABINETS WITH BASE CABINET
FOR SINK; ALL LOCKABLE.
SPECIAL REQUIREMENTS: MOVEABLE PARTITION TO DIVIDE SPACE INTO
(4) SMALLER ROOMS OF APPROXIMATELY 1000 SF EACH; ADEQUATE
POWER FOR SOCIAL EVENT ENTERTAINMENT
FINISHES:
FLOOR: VINYL COMPOSITION TILE
WALLS: CMU - PAINTED
CEILING: ACOUSTICAL TILE
OPENINGS: PAIR OF DOORS WITH GLAZING
SPACE REQUIREMENT: NEW ELEMENTARY SCHOOL - CHANHASSEN
PHYSICAL EDUCATION PROGRAM
HGA Commission Number 1400.003.01
AREA: AEROBICS ROOM
' GENERAL DESCRIPTION: AREA FOR AEROBICS INSTRUCTION AND /OR
DANCE
' TOTAL SQUARE FEET OF AREA: 1600 SF
' UTILITY REQUIREMENTS:
ELECTRICAL (POWER AND LIGHTING] 110V OUTLETS, FLUORESCENT
' LIGHTING, CLOCK, INTERCOM, SPEAKERS, TV CABLE HOOKUP, AUDIO
HOOKUP
HVAC: EXHAUST FOR HUMIDITY, AIR CONDITIONING
1 PLUMBING: DRINKING FOUNTAIN OR CLOSE ACCESS TO ONE
STORAGE REQUIREMENTS: TALL STORAGE CABINETS WITH SMALL BASE
CABINET AND COUNTER.
FIXED AND MOVEABLE EQUIPMENT: MIRRORS ALONG WALLS,
ADJUSTABLE BALLET BAR ADEQUATE POWER FOR SOCIAL EVENT
ENTERTAINMENT.
' FINISHES:
FLOOR: WOOD
WALLS: CMU - PAINTED
CEILING: ACOUSTICAL TILE
OPENINGS: DOOR WITH GLAZING, WINDOWS TO INTERIOR FOR
1 SECURITY
11
G
SPACE REQUIREMENT: NEW ELEMENTARY SCHOOL - CHANHASSEN
PHYSICAL EDUCATION PROGRAM
HGA Commission Number 1400.003.01
AREA: FITNESS ROOM '
GENERAL DESCRIPTION: AREA CONTAINING FITNESS /FREE WEIGHT I
EQUIPMENT
TOTAL SQUARE FEET OF AREA: 1200 SF I
UTILITY REQUIREMENTS:
ELECTRICAL (POWER AND LIGHTING): 110V OUTLETS, FLUORESCENT
LIGHTING, CLOCK, INTERCOM, SPEAKERS, TV CABLE HOOKUP,
EQUIPMENT POWER OUTLETS '
HVAC: EXHAUST FOR HUMIDITY, AIR CONDITIONING
PLUMBING: DRINKING FOUNTAIN OR CLOSE ACCESS TO ONE
STORAGE REQUIREMENTS: TALL CABINET WITH COUNTER AND SMALL
BASE CABINET
FURNISHINGS: PARKS AND RECREATION WILL PURCHASE ALL i
EQUIPMENT SUCH AS STAIR - STEPPERS, ROWING MACHINES, CYCLES, X-
SKI, TREADMILLS AND FREE WEIGHTS; COORDINATE LOCATIONS WITH
POWER REQUIREMENTS
FIXED AND MOVEABLE EQUIPMENT: MIRRORS ALONG WALLS '
SPECIAL REQUIREMENTS: FLOOR OF SPECIAL CUSHIONED MATERIAL,
ONE OR TWO WALLS MIRRORED
FINISHES:
FLOOR: SPECIAL CUSHIONED FLOOR UNDER FREE WEIGHTS; REMAINING
COULD BE CARPET
WALLS: CMU - PAINTED
CEILING: ACOUSTICAL TILE
OPENINGS: DOOR WITH GLAZING, WINDOWS TO INTERIOR FOR
SECURITY '
I
SPACE REQUIREMENT: NEW ELEMENTARY SCHOOL - CHANHASSEN
COMMUNITY PROGRAM
HGA Commission Number 1400.003.01
' AREA: FOYER /ENTRY VESTIBULE
GENERAL DESCRIPTION: ENCLOSED AREA TO CONTROL AIR FLOW AND
' TRAFFIC FLOW
TOTAL SQUARE FEET OF AREA: 150 SF
' UTILITY REQUIREMENTS:
' ELECTRICAL (POWER AND LIGHTING): 110V OUTLETS, FLUORESCENT
LIGHTING, PAY PHONE JACK
HVAC: CABINET UNIT HEATER
PLUMBING: NONE
FURNISHINGS: SPECIAL FLOORING SYSTEM MAT TO WIPE MOISTURE AND
PARTICLES OFF SHOES
FIXED AND MOVEABLE EQUIPMENT: PAY PHONE, SIGN BOARD WITH
' MOVABLE LETTERING
FINISHES:
FLOOR: INDOOR /OUTDOOR FLOOR MAT (CARPET, VINYL OR ABRASIVE
TREAD)
WALLS: CMU WITH SEMI -GLOSS OR EPDXY PAINT
CEILING: ACOUSTICAL TILE 01
OPENINGS: PAIR OF DOORS WITH GLAZING, INTERIOR AND EXTERIOR
F
SPACE REQUIREMENT: NEW ELEMENTARY SCHOOL - CHANHASSEN
COMMUNITY PROGRAM
HGA Commission Number 1400.003.01
AREA: JANITOR STORAGE
GENERAL DESCRIPTION: AREA FOR CUSTODIAN TO STORE ALL
EQUIPMENT AND SUPPLIES
TOTAL SQUARE FEET OF AREA: 50 SF
UTILITY REQUIREMENTS:
ELECTRICAL (POWER AND LIGHTING): 110V OUTLETS, FLUORESCENT
LIGHTING
PLUMBING: MOP SINK WITH FAUCET
STORAGE REQUIREMENTS: OPEN AREA FOR STORAGE OF BUCKETS,
FLOOR BUFFERS, MOPS, ETC.
FURNISHINGS: SHELVES, MOP HOLDER (PURCHASED BY PARKS &
RECREATION)
FINISHES:
FLOOR: SEALED CONCRETE
WALLS: CMU WITH EPDXY PAINT
CEILING: EXPOSED STRUCTURE (OR GYPSUM BOARD)
OPENINGS: 4' -0" DOOR FOR EASY ACCESS OF EQUIPMENT
f
SPACE REQUIREMENI': NEW ELEMENTARY SCHOOL - CHANHASSEN
PHYSICAL EDUCATION PROGRAM
HGA Commission Number 1400.003.01
' AREA: RESTROOMS /LOCKER ROOMS
J
1
GENERAL DESCRIPTION: COMPARTMENTALIZED AREA FOR
TOILET /LOCKER SHOWER FOR MEN AND WOMEN
TOTAL SQUARE FEET OF AREA: 1000 SF
UTILITY REQUIREMENTS:
ELECTRICAL (POWER AND LIGHTING): 110V OUTLETS FOR DRYERS AND
CURLERS; TWO WALL - MOUNTED HAIR DRYERS IN DRESSING AREA GOOD
FLUORESCENT LIGHT OVER MIRRORS WITH PLUG STRIPS AT SHELF OR
COUNTER BELOW; FLUORESCENT LIGHTING, SPECIAL LIGHT FIXTURES
FOR THE SHOWER AREA, WASTE PAPER RECEPTACLES, SANITARY NAPKIN
DISPOSALS
HVAC: VENTS FOR AIR EXHAUST FOR MOISTURE, AIR CONDITIONING
PLUMBING: (3-4 STOOLS) /URINALS, (1) HANDICAP STALL EACH
RESTROOM, (2 -3) SINKS WITH COUNTER, (34) SHOWER STALLS; NO PUSH -
TYPE OPERATED FAUCETS
STORAGE REQUIREMENTS: NONE
FURNISHINGS: TOILET PAPER HOLDER, PAPER TOWEL AND SOAP
DISPENSERS, (2 -3) MIRRORS WITH SMALL SHELVES OR COUNTERS BELOW
(POTENTIALLY ONE FULL - LENGTH MIRROR), BLOW DRYERS FOR HAIR,
CURTAINS OR DOORS ON SHOWER STALLS
FIXED AND MOVABLE EQUIPMENT: BENCHES, LOCKERS WITH PARTIAL
FRONT GRILL, PADLOCK TO LOCK OR USE COIN- OPERATED LOCKER WITH
KEY?
f'
SPECIAL REQUIREMENTS: ALL AREAS AND EQUIPMENT MUST BE
HANDICAPPED ACCESSIBLE.
FINISHES:
FLOOR: CERAMIC TILE AND SPECIAL CARPET OR RUBBER MAT
FLOORING
WALLS: CONCRETE BLOCK PAINTED WITH EPDXY PAINT, CERAMIC TILE
ON SHOWER STALL WALLS
CEILING: GYPSUM BOARD
OPENINGS: DOORS WITH LOCKS BETWEEN SHOWER /LOCKER/TOILETS
SPACE REQUIREMENT: NEW ELEMENTARY SCHOOL - CHANHASSEN
COMMUNITY PROGRAM
HGA Commission Number 1400.003.01
AREA: TOILETS '
GENERAL DESCRIPTION: COMPARTMENTALIZED TOILET /WASHROOM '
FACILITIES FOR MEN AND WOMEN
TOTAL SQUARE FEET OF AREA: 500 SF
UTILITY REQUIREMENTS: I
ELECTRICAL (POWER AND LIGHTING): 110V CONVENIENCE OUTLETS
HVAC: VENTS FOR EXHAUST AIR I
PLUMBING: (3-4 STOOLS) /URINALS, (1) HANDICAP STALL EACH
RESTROOM, (2 -3) SINKS WITH COUNTER, ELECTRIC WATER COOLER
STORAGE REQUIREMENTS: NONE
FURNISHINGS: TOILET PAPER HOLDER, PAPER TOWEL AND SOAP
DISPENSERS, (2 -3) MIRRORS, WASTE PAPER RECEPTACLES AND SANITARY
NAPKIN DISPOSALS
SPECIAL REQUIREMENTS: ALL AREAS AND EQUIPMENT MUST BE
HANDICAPPED ACCESSIBLE
FINISHES: I
FLOOR: CERAMIC TILE
WALLS: CMU - EPDXY PAINT
CEILING: GYPSUM BOARD
1
SPACE REQUIREMENT: NEW ELEMENTARY SCHOOL - CHANHASSEN
' PHYSICAL EDUCATION PROGRAM
HGA Commission Number 1400.003.01
AREA: GYMNASIUM
GENERAL DESCRIPTION: AREA USED FOR ADULT ATHLETIC
COMPETITION; A SHARED FACILITY BETWEEN PARKS AND RECREATION
AND ELEMENTARY SCHOOL
' TOTAL SQUARE FEET OF AREA: 10,800 SF (APPROXIMATELY 96' WIDE, 125'
LONG)
LIST ALL UTILITY REQUIREMENTS:
ELECTRICAL (POWER AND LIGHTING): WALL PLUG -INS, METAL HALIDE
LIGHTING, ADJUSTABLE BASKETBALL BACKBOARDS, CLOCK, INTERCOM,
SPEAKERS
PLUMBING: DRINKING FOUNTAINS IN GYM RECESSED OR IN ALCOVE
SPECIAL REQUIREMENTS: ACOUSTICAL SOUND BLOCK AND /OR FABRIC
ACOUSTICAL PANELS
I FINISHES:
FLOOR: HARDWOOD MAPLE FLOOR
WALLS: CMU - PAINTED
I CEILING: 24' HIGH CLEAR SPAN PAINTED EXPOSED STRUCTURE
01
SPACE REQUIREMENT: NEW ELEMENTARY SCHOOL - CHANHASSEN
COMMUNITY PROGRAM
HGA Commission Number 1400.003.01
GENERAL DESCRIPTION: STORAGE OF ALL COMMUNITY PROGRAM
EQUIPMENT
TOTAL SQUARE FEET OF AREA: 300 SF
UTILITY REQUIREMENTS:
ELECTRICAL (POWER AND LIGHTING ): 110V OUTLETS, FLUORESCENT
LIGHTING
PLUMBING: NONE
FINISHES:
FLOOR: SEALED CONCRETE
WALLS: CMU - PAINTED
CEILING: NONE
OPENINGS: PAIR OF DOORS
ow
t
TO: Chanhassen Elementary School
HGA Commission Number 1400.03.00
FROM: Ted Rozeboom
DATE: 2 September 1993
SUBJECT: Preliminary Budget Analysis for expansion of the new Chanhassen
Elementary School for the City of Chanhassen
H;;mme: G and Abraham 1ne.
Construction
A chitcu.:re • Engineering - Interior Design
co st
1. Exterior Program
1201 Hermon Place
Athletic fields
Vnneapolis. 1.1innesola 55403 -1985
Parking
Telephone 612.332.3944
Signage
Fax 612. 332.9013
Landscaping
w
ICfOC��G��C�UIU
Site roadways
WUC�
t
TO: Chanhassen Elementary School
HGA Commission Number 1400.03.00
FROM: Ted Rozeboom
DATE: 2 September 1993
SUBJECT: Preliminary Budget Analysis for expansion of the new Chanhassen
Elementary School for the City of Chanhassen
L
Units
Construction
co st
1. Exterior Program
Athletic fields
8.86 Acres
Parking
.96
Signage
Landscaping
Site roadways
Site walkways
Subtotal
9.82 Acres
$ 450,000
2. Building Program
Physical Education
community gymnasiums
6,000 NSF
aerobics
1,600
fitness
1,200
community storage
250
restrooms /locker rooms '`
1,000
entry
150
Community
multi- purpose studios
4,000 NSF
restrooms
500
storage
300
entry
150
janitor
50
Subtotal (Gross Feet)
21,170 GSF
$1,588,000
L
Page 2
3. Professional Feesf Services
Planning /programming
Architectural engineering (6 %)
Reimbursable expenses (printing)
Legal /administrative
Site survey
City staff salaries
Subtotal
4. Equipment and Furnishings
outdoor athletic equipment
aerobics /fitness equipment
Subtotal
Project Costs
trr 114m.wp5
Units
Construction
Cost
111
$ 142,000
$ 120,000
$2,300,000
OF
1
INDEPENDENT SCHOOL DISTRICT NO. 196/CITY OF EAGAN
SCHOOL/CITY DEVELOPMENT 42ND USAGE SITE JOINT POWERS AGREEMENT
AGREEMENT, made this go day of March, 1990 between the CITY OF
EAGAN, Dakota County, Minnesota, and INDEPENDENT SCHOOL DISTRICT NO.
196, Dakota County, Minnesota.
WHEREAS, the City of Eagan is a Minnesota municipal corporation duly organized
and existing under the laws of the State of Minnesota (hereinafter "Eagan "); and
WHEREAS. Independent School District No. 196 is duly organized and e)dsting
under the laws of the State of Minnesota; and
WHEREAS, Eagan has acquired 8 acres of land in Eagan known as the Willmus
Park site for the purpose of constructing a park, and
Independent School District No. 196 has acquired approximately 10 acres of land
known as the Willmus site adjacent to the City site for the construction of an elementary
school; and
WHEREAS, Independent School District No. 196 and Eagan desire to jointly
develop the property allowing both parties to develop the total acres as one parcel
according to the Minnesota Joint Powers Act; and
WHEREAS, the City of Eagan and Independent School District No. 196 historically
i have had a long and positive working relationship. The joint development of the Willmus
site provides the City of Eagan and Independent School District No. 196 with a unique
opportunity to work together again in an exciting manner, and
WHEREAS, the joint development of the common site affords both parties benefits
that could not otherwise be provided and that will be valued for the years to come; and
WHEREAS, working together on this project, the City of Eagan and Independent
School District No. 196 will be able to save tax dollars and provide additional services to
the area.
NOW, THEREFORE, the parties agree as follows:
I. DEVELOPMENT PLANS The parties jointly approve the plans and specifications
(exclusive of plans for development of the school budding) for the joint
development of the property as set forth on Exhibit A.
1
I
II. SCHOOL DISTRICT DEVELOPMENT At the time of building construction,
'
Independent School District No. 196 shall be responsible for the costs incurred and
the implementation of the following development items:
A. Survey and staking cost for the athletic fields, the school building,
li
parking lot and utilities.
B. Site grading, topsoil placement and turf establishment.
C. Backstops and maintenance strips for the softball fields.
D. A minimum of one hardcourt, bituminous play surface.
E. 100% of the cost of play equipment.
F. Two (2) basketball standards.
G. All bituminous trails and sidewalks to provide pedestrian
transportation access to the school building. See Exhibit B.
H. Shrubs, edger and mulch for school building foundation plantings and
other plant materials. All plant materials shall conform to the City
of Eagan Landscape Policy. PIants are to be located as identified in
Exhibit C.
III. EAGAN DEVELOP),fENT The City of Eagan shall be responsible for the costs
incurred and the implementation of the following development items:
A_ In consultation with Independent School District No. 196, Eagan shall
be responsible for design development, bidding, and installation of the
play equipment, play perimeter and resilient material.
B. Costs associated with the preparation and submission of the Landscape
Plan for conformance with the City's Landscape Policy.
C. Standard soccer goals.
D. All bituminous and soft.-surface trails, which provide internal
pedestrian access to recreation facilities.
E. Players benches, park benches, and concrete maintenance pads.
F. All costs for surveying, staking and labor for installation of all plant
material and landscape items, as approved in the Landscape Plan.
G. For purchasing plant material identified in Exhibit C. This plant
material may be purchased and installed over a two year period.
H. In consultation 4th Independent School District No. 196/Wold
Association, Eagan shall be responsible for the preparation of design
!
and specifications for playfield grading, seeding/sodding and backstops
to be included in the school district's specifications. The City shall
'
provide inspection services for same.
L Aglime for the infields.
IV. USAGE. Independent School District No. 196 shall have jurisdiction of the entire
property for the purposes of scheduling activities during the regular school year
from 8:00 a.m. to 4:30 p.m. on school days and during the summer school program
from 8:00 a.m. to 1:00 p.m.
2
The City of Eagan shall have jurisdiction of the entire property for the purposes
of scheduling recreation activities (with the .exception of the school building) at all
times other than designated above.
V. NON-SCHEDULED USAGE If either of the parties wishes to schedule activities
outside of that party's designated time jurisdiction, as stated above, permission must
be given by the other party in writing. A party may have an exception to its time
jurisdiction, including but not limited to the following:
A. Independent School District No. 196 scheduled evening and weekend
activities. At this time, Independent School District No. 196 shall have
jurisdiction over the parking lots and on some occasions, the grounds.
B. The City of Eagan maintenance during school days/hours.
C. Casual users of the park during school jurisdiction so long as there
is no disruption or interference with scheduled activities.
V1. SCHOOL DISTRICT `LkL\ CE. Independent School District No. 196 shall
be responsible for all labor and material costs for the following maintenance items:
A. School building.
B. Snow removal and sanding of the parking lots, access roads, internal
access drive and hard surface play area.
C. Sealcoating, patching, and sub -grade correction, striping and typical
maintenance of the parking lot and access road.
D. Ground maintenance adjacent to school building as identified in
Exlubit D including snow removal and sanding the sidewalk adjacent
to the school in order to provide pedestrian access.
VII. EAGAN MAINTENANCE. The City of Eagan shall be responsible for all labor and
material costs for the following maintenance items:
A. Turf and grounds maintenance, including: mowing, seeding, sodding,
fertilization, and weed control within the area identified in Exlubit D.
B. Sealcoating, patching, and maintenance associated with all trails, as
indicated in Exhibit B.
C. Playground facility. r
D. Park furnishings including benches, goals, backstops, etc.
E. Lining and striping of athletic facilities.
F. Color coating of hard surface play areas.
G. Removal of diseased or dead trees, tree pruning, tree fertilization, tree
wrapping and replacement
VIII. MISCELLANEOUS DEVELOPMENT COSTS. Independent School District No.
196 and the City of Eagan shall share equally in the cost for the following
administrative items associated with zoning and platting.
A. City and County zoning/platting filing fees.
B. Preliminary plat and final plat costs.
M
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C. Independent School District 196 and the City of Eagan shall pay for
their own legal and engineering fees associated with the surveying and
platting process for their respective land parcels.
LX. NMCELLA, \'SOUS UTILITY COSTS. Subject to construction of a school building, '
Independent School District No. 196 shall be solely responsible for costs of utilities,
including electrical, sewer and water, into the site. The City of Eagan shall pay for
all costs for any security light(s), if so installed or located near the play equipment,
trails access points, etc.
X. SCHOOL BUILDING COSTS. Independent School District No. 196 shall be solely
responsible for all costs associated with development and construction fees directly
related to the school building, including building permit fees, SAC and WAC
charges. road unit, and water treatment plant charges.
,NJ. SPECIAL ASSESSMENT'S. Each parcel shall be responsible for assessments which
may be proportioned to that parcel according to City Assessment Policy.
)M. DAMAGE COSTS. Independent School District No. 196 shall be responsible to
recover damage costs and /or pay for (or repair) vandalism to school building, its
appurtenance and parking lots. The City of Eagan shall be responsible to recover
damage costs and/or pay for (or repair) vandalism to the athletic and park facilities. '
VIII. ADDITIONAL COSTS. Any additional physical improvements to the property other
than maintenance, excluding the school building and the placing of portable
classrooms on the property (but which location of portable classrooms shall be
agreed to by the City) after initial construction exceeding $5,000.00 in cost must be
mutually agreed upon in writing by both parties.
XIV. ACCESS. Each party shall provide the other parry v6ith reasonable access (as
agreed to by the parties) to the other party's property (excluding school building) i
so long as either the City continues to operate its property as a city park or
Independent School District No. 196 continues to operate its property as a school '
facility. This Agreement shall survive the termination of this Agreement.
XV. RIGHT OF FIRST REFUSAL AND TERMINATION.
A. Termination Either.party may terminate this Agreement by advising
the other party by one year's written notice of its intent to discontinue
use of its property for the purposes set forth in this Agreement
B. Upon receipt of the notice of intent to discontinue, the parties may
agree upon a value of the property to be acquired or each party shall
select an appraiser to appraise the property. The two appraisers so
selected shall select a third appraiser within 30 days or either party
may apply to the Chief Judge of the District Court of Dakota County,
4
Minnesota, to appoint a third appraiser. The three appraisers shall
appraise the property according to its market value, taking into
account its then current use and zoning. The average of the three
appraisals shall be binding on the parties. The appraisals shall be
delivered to the parties within 60 days of the appointment or selection
of the thud appraiser.
C. Election. The non - terminating party shall then have nine months after
receipt of the binding appraisal or agreement of value to elect to
purchase the terminating party's property for cash or upon such terms
and conditions as the parties mutually agree. The closing shall be held
within 60 days from the election of the purchase.
In the event the non - terminating party does not elect to purchase the
terminating party's property, the terminating party may sell the
property to any entity or person.
XVI. ADDITIONAL IA.ND. Each party may add or substitute other land to its parcel,
but the terms of this Agreement shall apply to such additional or substituted land.
XVIJ. RECORDING. Either party may record this Agreement with the Dakota County
Recorder.
Xti'III. AtifENDNTENT. This Agreement may be amended in writing by agreement by both
parties.
XIX. HOLD HAR-'NTLESS AND LIABILITY INSURANCE. Each party shall hold the
other harmless from any claims or causes of action that may arise on the property
owned by each respective parry, and each party shall acquire adequate liability
insurance covering all buildings and improvement located on the property owned
by each party.
IT'DEPENDEIN I' SCHOOL ,^
DISS T�RICT NO. 1916 � f � - C= O EAG �
By:
n
rx //,
Its Clerk
Dated this day of
. 1990.
Thomas k Egan�
Its avo
By:
. Van Overbeke
Clerk
Dated this aQ day of
y��• -.. , 1990.
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JOINT POWERS AGREEMENT
AGREEMENT made this 15th day of June , 1992, by and
between the CITY OF LAMEVILLE, a Minnesota municipal corporation '
( "City "), and INDEPENDENT SCHOOL DISTRICT NO. 196 ( "District ").
RECITALS
1. The City owns and operates a park known as Parkview
legally described on the attached Exhibit "A" ( "City Property ").
2. The City property abuts the Parkview Elementary School
owned by
the District
legally described on the attached Exhibit "B"
5.
"District
").
District
1
(
Property
and maintain recreational facilities.
3.
The District
maintains playfields and a parking lot on the
District
Property.
1.
Improvements. The City shall have prepared plans and
4.
It is in the
best interest of the City and the District to
ments to
jointly
improve, operate, and maintain recreational facilities on
Exhibit "C
the District
Property
and City Property (collectively the "Joint
subject to the approval of both the District and the City.
Facility ".
5.
Minn. Stat. § 471.15, et seq., authorizes the City and
_ _
District
to enter into a joint powers agreement to improve,
'
operate,
and maintain recreational facilities.
NOW,
THEREFORE, the parties agree as follows:
i
1.
Improvements. The City shall have prepared plans and
specifications for the design and construction of certain improve -
P
ments to
the Joint Facility generally described on attached
Exhibit "C
". After the plans and specifications are prepared, they
shall be
subject to the approval of both the District and the City.
After approval of the plans and specifications the City shall
S, Mi�Gr �ocK�n,ctn�s R ec e��td 'TDY Sanf �fSe, •,e.
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r06/10/92
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prepare contract documents, bid the project, and award a contract.
The City shall administer the contract and supervise the
1 construction.
2. Contributions.
2.1. The District agrees to make available the District
Property upon which a portion of the Joint Facility will be
located, and the City agrees to make available the City Property
upon which a portion of the Joint Facility will be located.
2.2. Ownership of the property on which the Joint
Facility will be constructed and operated shall remain in the name
of the present owner of the property.
2.3. The District shall contribute $12,000.00 for
construction of the Joint Facility improvements. The District shall
pay its contribution within forty -five (45) days after the City
awards the bid for the improvement contract. The City shall pay the
balance of the cost of the improvements.
3. Use and Scheduling.
3.1. The District shall have jurisdiction of the entire
Joint Facility for the purposes of scheduling activities during the
regular school year from 8:00 a.m. to 4:30 p.m. on school days and
during the summer school program from 8:00 a.m. to 1:00 p.m.. The
f
City shall have jurisdiction of the entire Joint Facility for the
purposes of scheduling recreation activities (with the exception of
the school building) at all times other than designated above.
3.2. If either of the parties wish to schedule activities
outside of that party's designated time jurisdiction, as stated
above, permission must be given by the other party in writing. A
party may have an exception to its time jurisdiction, including but
not limited to the following:
A. District scheduled evening and weekend
activities. At this time, the District shall have
jurisdiction over the parking lots and on some occasions,
the grounds.
B. Casual users of the Joint Facility during school
jurisdiction so long as their is no disruption or inter-
ference with schedule activities.
3.3. The parties agree that the Joint Facility shall be
"
treated as "school ground as contemplated by the alcohol control
provision of Minn. Stat. § 624.701; that the District's alcohol and
tobacco policies and regulations, and any additions or amendments
be
thereto, shall apply to the Joint Facility; that the area should
appropriately posted; and that the City may withhold access from
groups for alcohol or tobacco violations. The City agrees to
enforce applicable statutes and ordinances in and around the Joint
Facility in the same way that they enforce these ordinances on
other park and school property.
4. operation of Joint Facility.
4.1. The City shall be responsible for cutting the grass
on the City Property and the District will be responsible for
cutting the grass on the District Property.
4.2. The City shah be responsible for applying
fertilizer and herbicides on the City Property. The District shall
be responsible for applying fertilizer and herbicides on the
District Property.
4.3. The cost of maintenance, repair, and replacement of
' the parking lot on the Joint Facility shall be the sole responsible ,
of the District.
4.4. The City will be solely responsible for the
maintenance, electricity, gas, and repair of the hockey rink,'
pleasure skating area, and warming house on the District Property.
4.5. Except as provided in Section 4.4, the District
shall be responsible to perform and bear the expense of any repairs
and any replacement to that part of the Joint Facility on the
District Property.
4.6. The City shall be responsible to perform and bear
the expense of any repairs and any replacement to that part of the
Joint Facility on the City Property.
4.7. The District and the City hereby each grant to the
other party and its constituents easements across all parcels owned
b each and comprising a art of the Joint Facility for purposes of
Y P g P Y P rP
constructing, maintaining, and using the Joint Facility, including
parking areas serving the Joint Facility.
4.8. Each party pledges to promptly perform their
maintenance, repair, and replacement obligations in a workmanlike
manner. Ir
S. Insurance. Each party shall hold the other harmless from
any claims or causes of action that may arise on the property owned
by each respective party, and each party shall acquire liability
insurance covering all building improvements located on the
property owned by each party.
6. Term.
6.1. The term of this Agreement shall extend from the
date hereof to June 30, 1993, and shall be automatically renewed
thereafter on an annual basis unless either party elects to
terminate the agreement subject to the provisions of paragraph 6.2.
6.2. Six months prior to June 30, 1993, and thereafter
six months prior to each - annual renewal date, either party may
terminate this Agreement by written notice to the other party.
7. Remedios. In the event that either party fails to perform
any obligation under this Agreement, and such failure continues for
ninety (90) days after written notice from the other party, such
other party may seek specific performance of this Agreement in
addition to any other right or remedy available at law or in
equity.
THIS AGREEMENT executed by the parties the day and year first
above written.
CITY OF LAREVILLE
BY:
4Eqiae R. Zaun ayor
AND
Charlene Friedges, Clerk'
INDEPENDENT SCHOOL DISTRICT
NO.
BY:
ANL
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EXHIBIT "A"
TO
JOINT POWERS AGREEMENT
LEGAL DESCRIPTION OF CITY PR OPERTY
22- 21172 - 030 - 00
outlot C, Donnay's Valley Park 3rd Addition
AND
22- 21172 - 050 - 00
Outlot E, Donnay's Valley Park 3rd Addition
EXHIBIT "B"
TO
JOINT POWERS AGREEMENT
• e Mi
22- 21172 - 040 - 00
outlot D, Donnay's Valley Park 3rd Addition
22- 21172- 050 -00
outlot E, Donnay's Valley Park 3rd Addition
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MEMORANDUM
CITY OF �
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
I TO: Mayor and City Council
U date This item was tabled at the Feb.
93 meeting. Councilman Senn will
be asking the Council to consider setting
a public hearing date on this issue before
taking final action.
Update No. 2: The Council agreed with
FROM: Don Ashworth, City Manager Councilman Senn and scheduled the informationE
meeting for tonight. Approval is
DATE: February 22, 1993 recommended.
DWA (4- 12 -93)
SUBJ: School/Recreation Property Acquisition, Highway 5 and Galpin Boulevard
Development pressure has existed on the property south of Highway 5 and east of Gal in
P P P PAY g Y P
Boulevard (proposed school site) for the past 45 years. This property could have been served
by sanitary sewer via an extension of the Lake Ann Interceptor which exists on Prince's property
(construction completed in 1987). Several factors have prohibited the developers from coming
forward with development proposals, i.e:
Comprehensive Plan Even though the property could be served by sanitary sewer, it
could not be developed until after the city had completed updating its Comprehensive
Plan and officially amending the MUSA Line to include that property. The owner sat
patiently while the City Planning Commission and Council went through nearly two years
of public hearings to debate potential land uses in the expanded MUSA area as well as
to complete the plan itself; and
- Sewer and Water Extensions Although the school property could technically be served
by a Lake Ann Interceptor extenWn, this type of improvement would be short sighted
and not reasonably allow for sanitary sewer service of the entire expanded MUSA area.
Staff recommended that the City Council take a more comprehensive view of the
proposed service area and the Council approved an initial concept plan whereby sanitary
sewer service would be provided through the "Upper Bluff Creek Sewer Service Area."
' As the Council is aware, a detailed feasibility study was conducted for the sewer service
area which showed that the initial concept plan was the best alternative and that work was
followed by preparation of detailed plans and specifications and finally an award of bid
' in the fall of 1992. Sewer service will be available to this site in 1993; and
Negotiations with School District 112 Although our Comprehensive Plan showed that
' this location would be the best site for a school in Chanhassen, the School District needed
to complete its own determinations as to whether additional school buildings would be
�a PRINTED ON RECYCLED PAPER
Mayor and City Council
February 18, 1993
Page 2
needed and potential locations for such. Frauenshuh Companies was employed by the
school district to find two sites in Victoria, Chaska, and Chanhassen as potential school
sites for the school district. The school district met with the cities and a decision was
made that a base cost be established for school acquisition so as to ensure that one city
would not be bidding against the other, and therefore eliminate the possibility of cost
over - shadowing normal locational considerations, i.e. school population being served,
busing, etc. Properties being considered in Chaska were on the market at a value of
$15,000 per acre with an estimated cost of $2,000 per acre for utilities. It was agreed that
any of the parcels proposed to be considered would be set at the $17,000 per acre base
so as to, again, assure that cost did not become a consideration in the school district's
decision making process. The conclusion of that process was a decision by the School
Board to build both a new high school and elementary school with the preferred location
for the high school being a site on the Chanhassen/Chaska border (in Chaska), with the
elementary school being located in Chanhassen at the Galprn Boulevard and Highway 5
location. Frauenshuh Companies was authorized to negotiate with the owners of that site
and attempt to receive terms and conditions that would be acceptable to both the city and
school district.
As stated at the beginning of this memorandum, the above factors have all contributed to the
inability of Ryan and the Highway 5 Partnership (owners of the school site) from being able to
develop the property even though it could have been developed five years ago. I think it is fair
to say that the partnership is so frustrated with the continuing list of obstacles that they wish to
sell to any party making a reasonable offer. They have refused to meet any further with the
school district representative (Frauenshuh Companies) as the offers being made by the school
district need to recognize that the school district will not have its money to pay for its portion
of the site until after a referendum is passed. Frauenshuh Companies set out a series of options
which would recognize that the initial referendum may fail in 1993 and that the school district
would need the option of having additional time frames to re- present the referendum to the
public, i.e. potentially 1994 and 1995. The partnership finds this type of "maybe we'll
buy /maybe we won't" unacceptable. Two offers have been presented to the partnership to
purchase the property and to develop it fesidentially. Even though the Guide Plan shows this
property to be school, the underlying zoning is residential. Once one of the two purchase
agreements are signed and a preliminary plat is submitted to the city, the city will have one of
two options - -1) approve the proposed subdivision assuming it meets density, setback, etc.
standards; or 2) to agree to purchase the property. At a minimum, the purchase price to the city
would be the price paid by the residential developer including all of his costs to get the '
preliminary plat to that stage, i.e. attorney /engineering/soil boringletc. fees, as well as costs
incurred in holding the property. It is anticipated that one of the two preliminary plats will be
presented to the Planning Commission within the next thirty days. '
In light of the pending doom, the Mayor and I authorized the City Attorney's office to intercede
in the acquisition process. More than half of the site is anticipated for recreational use by the
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Mayor and City Council
February 18, 1993
Page 3
city, i.e. the parcel is approximately 42 acres with the elementary school requiring 20 acres. The
site would be the home of future expanded recreational uses including additional gyms above and
beyond what might ordinarily be built with an elementary school. The city has additional interest
in recognizing that a base cost was set in looking at various school sites and the acquisition of
another parcel from Opus, Opus/Przymus /Gorra, will only come at a higher cost than could be
achieved by working with the current ownership. Additionally, years of work in developing a
Comprehensive Plan based upon this area being developed as a school, work completed with the
Highway Department to ensure that two bridges were installed so as to allow children to pass
under Highway 5, and a multitude of other planning considerations will have been lost if we do
not proceed with an acquisition.
I think that the proposed settlement reached by Campbell, Knutson, Scott and Fuchs is a very
reasonable one. By the city taking the bull by the horns, we will assure that we will have this
site under control and available for a school whenever the referendum is passed. I would suggest
that approval be contingent upon staff reaching agreement with the school district wherein they
would enter into a purchase agreement, similar to the one proposed by Frauenshuh Companies,
that would guarantee the purchase by the school district once the school district does pass a
school referendum. The site was identified in our last update of Tax Increment District No. 2's
development plans.
Approval of the proposed purchase agreement is recommended.
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