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A Community Center Follow-Up CITY OF CHANHASSEN 7700 Markel Boulevard PO Box 147 Chanhassen, MN55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspectioos Phone: 952.227.1180 F,,:952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone. 952.227.1140 F3x952.227.1110 Park& Recreation Phone 952.227.1120 Fa,: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fa,: 952.227.1404 Planning & Nalu,,1 Resaurcas Phone 952.227.1130 F,,952.227.1110 Public Works 1591 Park Road Phone 952.227.1300 F,,: 952.227.1310 Senior Center Phone 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us A- MEMORANDUM TO: Todd Gerhardt, City Manager 4/ Todd Hoffman, Park & Recreation Director #i ~ . May7,2002 ~ FROM: DATE: SUBJ: Community Center Follow-Up. On Monday, March 4, eleven members of the City Council, Park and Recreation Commission and staff toured three separate recreation facilities. These tours were undertaken in an effort to gain a better understanding of the various partnerships being formed in order to develop recreation facilities for public use. The tours and the resulting discussions are aJso a pro-active step towards addressing the finding that residents support the notion of building a full service community center by a 2-to-l margin. First up on the tours was Safari Island, a public/public partnership between the City ofWaconia and Independent School District #110. Amenities at Safari Island include an aquatics area, an indoor play structure, cardio-fitness arid weight training room, four court gymnasium, aerobics studio, daycare, sports medicine facility, and meeting rooms. Memberships at the facility are running far above originaJ predictions. Many new residents cite the center as one item that sealed the deal when making their decision concerning relocation of their home. Problems identified included a lack of control on the city's part when it came to design issues and slow response times from the district on certain maintenance items. The Ridgedale YMCA hosted our group next. The YMCA of Metropolitan Minneapolis is dedicated to BUIWING STRONG KIDS, STRONG FAMILIES AND STRONG COMMUNITIES while promoting the core vaJues of CARING, HONESTY, RESPECT, AND RESPONSIBILTY. The Ridgedale YMCA offers a wide array of community based programming including, youth development, teen night, leaders club, Y's start, youth in government, after school programs, youth sports, single parent groups, active older adults, project access, adventure programs, resident camps, Y partners and service club. The YMCA has formed hundreds of partnerships in communities across the country. In some of these communities the Y serves as the sole "recreation center," other cities offer both a municipal community center and a local YMCA. Our finaJ stop of the night was the Plymouth Ice Center and Lifetime Fitness Recreation Center. The City of Plymouth has been very aggressive in establishing both public/private and public/public partnerships in order to The Ci1y of Chanhassen . A growing community with clean lakes. quality schools. a charming down!own, thriving businesses, winding trails, and beautiful parks. A great place to live. work. and play Mr. Todd Gerhardt May 7, 2002 Page 2 provide these facilities to the public. A synopsis of the agreements associated with the Lifetime Center and the ground lease are attached. Wayzata Schools contributed $1.5 million for the indoor competition pool and diving well. The perceived advantages, disadvantages, and tension areas in the Plymouth! Lifetime model are clearly spelled out in their materiaJs. Also attached is a recent article concerning the new Lifetime Fitness facility in Savage. The issue at hand is the displeasure of some over the initiaJ fee structure. One thing I can tell you without hesitation is that as a Park and Recreation Director, one of the most common questions I get asked is, "Why don't we have a community center like Chaska's?" Many residents of Chanhassen utilize Chaska's facility, but are annoyed by the need to pay non-resident fees. One concept that is utilized in many metropolitan communities is a system of reciprocity in which communities share recreation facilities. For example, those residing in Golden VaJley are treated as residents at the St Louis Park Outdoor Aquatic Center. In return, residents of St Louis Park receive resident rates at the Golden Valley golf courses. Currently, Chanhassen does not own a facility that would be attractive in a reciprocity arrangement. One alternative would be to pay the City of Chaska the cash difference between a resident rate and non- resident rate. Chanhassen residents would pay resident rates at the Chaska Town Course and Community Center,. for example,- with the City of Chanhassen paying the difference. Another thing I can say for.sure is that the idea of building a community center has been a topic of discussion in Chanhassen for aJI15 years that I have been employed by the City. The financiaJ commitments necessary to make the notion of such a facility a reality are significant. Pick any community that has elected to construct a community center, and they will tell you that a leap of faith was required prior to committing to construction. The intangible benefits associated with community centers are what makes or breaks them. You have to believe in them in order to take that leap of faith. Staff stands prepared to assist the City Council in any way as you deliberate this issue. g:\park\th\ccreport.doc Park and Recreation Facilities C,tj c~ Ch¡::'~: ,,'j,/," "" .. .. .. 20 . T.... -- c_....... ......5e .FaVOl1ltw R"¡lng .l..InIawnoble RMing I :),,;""~ f':~',~"'~e< U~ Appearance of Facilities and Parks ..~ :~,2, GDod~ .~.~." """''' R_ng Df Appe....,'" EJ(p4Incjl\gAmount 01 Nalu.ðIArusin ElCisbl1gf'al1<s -,.:,. <";" :.;-,., ~:, Recreational Development Munic4paJGoIfCoo.ne .~ Wdoør Swiming Pool 62: ~- .""'" C...... IndøIIrSWírnrl*l/1"ooI v-....~ IndoatlceAÆ>nl. 52: .. 53: W.¡erPolrll o 10 ~ ~ ~ ~ 00 ro ~ ,.:~ "'t~~C'"H_ L~1 Needed Recreational Facilities ,';:ty ù: ChtJd,,::,,sP'!1 ....... 10 c:-..... . C',,:"¡~~ "n~''''~n 11" Recreational Program Participation Tn ,0.0" No 61.(,% Pf'- .;":~" '"" City Development " , c:: i~~, :¡ \~ ."; ;: ".-'~ :^, .,f) . I.kIsIn 3~ O,þO¡.RiØl $0 WeI-Plannedl'or ,- Rate of Development D~",,':-' Re~~"r;;~._lId Life Time fees frompep~' according to Deputy City Admin- istrator Barry Stock. "Staffhas met with represen- tatives of Life Time Fitness on a number of occasions and achieved some modification of the Proposed seasonal rate and discussed possibilities for other fee modifications that might re- spond to some of the concerns, " Voters approved a '5 million referendum to build à COmmuni- ty pool in November of 1999. purïng thep!anning process to build. the pOOl, the option ofln- tering into a. public-private agreemèÌ1t with a private fitness company was explored, along with the option òfbuilding a city- run pool. Eventually, the Savage City Council decided to enter into ~ agreement with.a private company, citing the opportunity to bring more recreational oppor- tunities into the city. The city put '3.1 million into the facility costs and '1.2 million for the 12 acres ofIand for the facility. Life Time contributed $8.5 million to the '12 million project. The facility is expected to open this BUmmer. City staff informed the city council when. negotiations were going on with Life Time for the public-private partnership that the pool pass rate was a "deal breaker." Also, although Life Life Time fees to page 17 ~':'::~~' .. - .,..~ ~i' , ! Time operates other public-pri_ vate fitness facilities in the Twin ,cities area, this is the first one / '.that used money from a voter- approved referendum. .w Representatives of the city staff and Life Time have contin- ued to discuss the pool pass op- tion for the last few months with numerous phone conversations and three face-to-face meetings, I : ..'1.'Ì'~: 1Jt=. rime,· I::'~ I . i meeting By Nancy HuddIestOn EDITOR : . The Savage city CounCn and the Pørks;Rêcrëationand Nat- utal~ COmmission will bave ájointmeetingon Monday, Apri122 at 7 P;~. to discuss the fee schedule for the outdoor aquatic center with officials from Life Time Fitness. . The Life Time facility and out- door aquatic center. on COunty Road 27 and Loftus Lane are be- . ing built under a public-private Partnership agreement. During Monday night's meeting, which will take place at city hall and.is open to the public, there will be a presentation by Life Time and a discussion between city council and park'C9mmission members re~the fee schèdule. When Life Time began a mar- keting campaign to sell member- ships to the facility in January, many residents oomplained to the city about the rates for the outdoor pool pass. The main con- cern was that the season pool pass rate of~OO for adults, '250 for teens and U50 for children to use the outdoor pool facility was financially out of reach. Res- idents are not concerned about the daily rate to use the pool- '6 per adult, '5 per second adult family member, '5 for children age 13 to 17 and '3 for children under age 13. Many people told the city they want a punch pass, much like what is done at city pool fa~ities in Appl~.Yalll!f: , I said Stock in a lIlemo to the ( council this week. "Staff n believes that those discussi( have gone as far as they can.' StOck ssid Life Time's rep, seniàtives will be at Monda; meeting to review with the c coUÌlcil and parks commissionf the tenns òfthe contract and thr rationale for the fee schedule. ~--_., -- ""at""' , s. .···an fl"· "d L " . " " LSan · 1600 Community Drive Waconia, MN 55387 952-442-0695 www.safariisland.org ,¡; In early 1998, the Waconia Community Collaborative Team (WCCT) was formed, The team was comprised of representatives from Ridgeview Medical Center, School District #110 and the City ofWaconia, The goal of the team was to pursue the building of a Community Center, The building, now called Safari Island, has it's own Amazon Bay (a zero depth entry pool with waterslide (Raging Falls), Wildcat Bay (an eight lane competitive pool with two diving boards), Rainforest Trails, (a three lane walking/running track). Gorilla Ridge (4 court gymnasium), Iron Forest (a fitness area with a full circuit of weights & cardio equipment). Locker Rooms (Individual and Family), The Lion's Den (children's indoor play structure). Leopard Lodge (3 meeting rooms), and Ridgeview Sports Medicine (on-site personal training & massage services), Total construction costs for Clearwater Middle School and Safari Island were approximately S; 18 million dollars. Members oflSD #110 School Board and City Council spent many hours developing a framework of building and operating the community center in a complex legal, structural and financial environment. The end result is a shared use facility that will be enjoyed for many years to come. The community center cost the City ofWaconia $4.160,000 to build. The Waconia Economic Development Authority (EDA) issued $3.250,000 in debt to cover a portion of the construction costs. That left $910.000 in construction costs to be covered by city funds and donations; no past or future property taxes were used for construction of Safari Island, Clearwater Middle School and Safari Island share Wildcat Bay and Gorilla Ridge through the complex Shared Use Agreement. The building is owned by District #110 and the City of Waconia leases the community center space. Safari Island is operated by the City ofWaconia as a special revenue fund. Tax dollars are not being used for operating expenses. Amazon Bay, Wildcat Bay and Raging Falls The dimensions of the aquatics area are 102 ft x 84 ft. Within this area is Amazon Bay (zero depth leisure pool). Special features include a permanent bench in the pool (the only pool in the state with this accommodation). 8 fountains that sprout water, a Mushroom and a Starburst. Amazon Bay's depth is 0-3 ft and the temperature is set at 84 degrees Fahrenheit. Wildcat Bay's (lap pool) depth is 3,6-12 ft, and the temperature is set at 82 degrees Fahrenheit. Special features include two one-meter diving boards, a handicapped accessible ramp. state of the art timing system, 8 starting blocks in 12 feet of water and a handicapped accessible chair, Raging Falls is a 175 ft. waterslide. The catch area at the bottom of the slide is located in Amazon Bay. The aquatics area also has a hot tub/spa for people over the ages of 6 years old. The temperature in the hot tub is kept at 102 degrees Fahrenheit. \\Server\d\I~(isti\Memos\S! Informationol s,hee~.doc The Lions Den Tlte Lions Den is a play structure for children and adults of all ages, It consists of a 4 level indoor play area with various climbing options and tubes to crawl through. Once guests get to the top they can use either a tube slide or a regular slide to get back to the floor. The structure has 2 ball pits for children to play in and sitting areas for adults to watch their children. Tlte Lions Dell was constructed with a $75,000 donation ITom The Waconia Lion's Club and the total cost was approximately $85,000. Iron Forest Iron Forest is the room for cardio and weight equipment. It has 4 Treadmills, 2 Stair climbers, 2 Upright exercise bikes, 2 Recumbent exercise bikes, 3 Elliptical machines and a full circuit of Cybex weight machines for use. There are also 2 sets of hand weights available ranging in weight between 5-80 pounds. Guests utilizing Iron Forest need to be over the age of 15. Iron Forest is open for use all hours that the facility is open, Rainforest Trails Walking and running are permitted around the 3-lane trail that overlooks Gorilla Ridge, The distance around the trail is I II 0 of a mile. Rainforest Trails is open for use all hours that the facility is open. Gorilla Ridge Gorilla Ridge is a state of the art gymnasium that can be divided into 4 courts by ceiling to floor curtains. The facility has 8 scoreboards, 2 regulation size basketball courts, 4 non-regulation size basketball courts and lines striped for volJeyball, shuffleboard and tennis. Gorilla Ridge has a suspended wood floor. Leopard Lodge Leopard Lodge consists of 3 Dens (meeting rooms) that can be rented out for various events, Dens J & 2 have a kitchenette with refrigerator and will accommodate up to 105 people. Den 3 has a kitchenette and can accommodate up to 49 people. Tables, chairs, data lines, TV, projector, and overhead are available for rent with a Den rental. Approximately 20 Aerobics classes are also held in Dens J & 2 throughout each week. Aerobics schedules are updated monthly and are included with a membership or daily entrance fee. Ridgeview Sports Medicine Ridgeview Sports Medicine is located in Den 4. Certified physical therapists, sports medicine staff and massage therapists offer many programs. Examples include but are not limited to: athletic injury assessment, endurance testing, body composition measurement, orientation to Iron Forest equipment and massage therapy, Additional Amenities & Services Childcare services are available for $2.50 per child per hour. Reservation is required with pre- payment when the child is dropped off. Safari Island has a Men's, Women's and 7 Family locker rooms for use, located in the aquatics area. Concessions items are available for purchase through vending, ]ocated in Jungle Munclties. Waconia Parks & Recreation offers a variety of programming in the facility, including: swimming lessons, tennis lessons & leagues, ballroom & swing dance, volleyball & basketball leagues, Yoga & Safari Island Swim Club. \ \Server\d\Krisfi\Memos\Sllnformationo/ sheet. doc - o o C- o. t1I -I - en Q) >- :;:0 .A' 'S: '"' :.::; cc t.) I- ro <:Ng' (,)0.- O~ CN-5 :!t.ÒE S:"';" '3 ...... en w.l::o.. ,^ ~ ro wro- =>:;20 - C c: Z Q) <: g- -I Q) C/) ro en Q) c: ro -.J ro ~ Q) > Q) (/) t2 <: u.. <: C/) >- ro a:J ¡-I, ¡ I' . , i>-I! 1<': ¡oli a:' '::> II- ' I~ o I~' a: L1- - ro t.) " ~ .~ I, Ii ~ ~!~; æ"O roll' (ñ Q) OJ; = ~ I: (;;-UO' - C"')i co .,1 en "'I I ~ c. Eli ro ro --'Eco c·;¡ I weno 0. C') o '" 0. E ro ro --'EO'> c·;¡ I weno 0. 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League of Minnesota Cities, June, 1998 l: I I , I I I I I I II; I~ ,. . :: I: ,,'- ..' J ... 1,1 ~;, :::~ I I I I I ~: I" III ~ ~ ~./ x <1>. ..... ~ u ~ .... E-< ~ .... ...< .<:: ... ...... ~ ~ ~ § "" t:) I HI ,. ~¡ ~ loti I t:: I i~ IL:~ I .J 1 ~ e (31" z 0 W > .1 « '" ~ ~ ft0 _. 8'-"$ Q' .~ §>~ ..fl:.c ~ ~{~f ~ a .. .= :~~.. l' ~=-~;. . ..'è .~....-. . ¡ ...-..---- :i _. . _.===..-~ u .. D ~3~2~~§;~ i ¡.-' . ""-,," ( r. \\ .__.'\ It; ,_..- 'It; \.-~~' ~ ~ ~ \ ' . '\ \ .,..".t= . \.., .\' . J.' ." \. \ \ \ ' \ '. ::.)( .~ ~~\ - ~~\ 11!~ ~~ '. § ..... "" '" ... .... en ,! ':i, . ~"::'F .~:-. ~~ I~ ~ ~ '" ~ E 1! :¡ ~ --- 't ~ ~ '" ~ >- ~ ( , Public-Private Partnership City of Plymouth, Minnesota and Life Time Fitness, Inc. The City of Plymouth, Minnesota is à western suburb of Minneapolis. The city's population is 60,000, and it recently passed the $4 billion mark In valuation. Life Time Fitness operates a successful chain of health and fitness centers in the Twin Cities area. The partnership project involved a total project of over 200,000 square feet: fitness facility, two indoor pools, one outdoor pool, two gymnasiums, a day care facility, and two city-owned Ice sheets. Life Time Fitness operates 24 hours a day, year round. The partnership is actually public-public-private, with financial participation from the CIty of Plymouth, Wayzata Schools, and Life Time Fitness. Origination of Project and Partnership Many Twin City suburbs have community centers. These centers provide space for recreation and' fitness classes, senior activities, multipurpose rooms, indoor and outdoor pools, and often ice sheets. Plymouth had plans for a community center in the late 1980's. The center was to Include recreation and fitness space, pools, ice sheets, and space for senior activities. For a variety of reasons, the community center proposal was not well received. It created such a political controversy that many believed Plymouth would never have a community center. Recognizing the Importance of a community center, city officials sought other options. A public-private partnership for a fitnesslcommunity center was viewed as a possible, acceptable alternative to a pUblicly funded facility. However, a key question for city officials was what would make a private project "public" enough to warrant an investment of public funds. The answer seemed to be that some kind of daily fee access residents to the fitness center and aquatic facilities were important elements for InclusIon In any facility or club which might receive public funds. In 1993, overtures were made to the owners and operators of private fitness clubs in the area, but the clubs were not interested given the city's requirement for daily fee access for Plymouth residents. During 1994 the City Council formed a Recreational Facilities task force composed of councilmembers, Park and Recreation commission members, and citizens. The group was charged with examining current and future needs for recreational facilities. The task force report identified critical needs for Ice sheets, pools, and gymnasium space In Plymouth. As the Recreational Facilities Task Force was finalizing its report, the city's Park and Recreation Director received a "cold call" from the owner of Life Time Fitness. Initially interested in building a private facility in Plymouth, the owner was receptive to the partnership Idea and was amenable to daily fees for Plymouth residents. When informed of the interest of Life Time, the Recreational Facilities Task Force instructed staff to continue the conversations. To make certain that all possibilities were explored, the Task Force also instructed staff to send request for - proposals to other potential fitness club partners in the Twin Cities area. No other club expressed interest in the idea of a public-private partnership. Work began in the fall of 1995 on a Letter of Intent between the City and Life Time Fitness. The Letter of Intent included Life Time's commitment to daily fee access for Plymouth residents and to indoor pool facilities. In general¡ the Letter of Intent contained many provisions which were later included in the formal contract. The City Council approved the Letter of Intent In late 1995. By this time, Wayzata Schools was participating in the pools portion of the project. In early 1996, the City held a referendum to gain voter approval for the expenditure of funds to pay for the city's portion of the Life Time pool complex, and to fund an Ice arena. The referendum was successful, with 76% of those voting approving the proposal. Partnership Structure Life Time Fitness is constructed on city-owned land--Life Time has a forty year ground lease for the property underneath the building footprint. The City of Plymouth invested $ 1.6 million for the indoor pool complex. This investment assured that Plymouth residents would have daily fee access to the entire club, as weil as other considerations. The City also contributed around $500,000 for various site improvements. Wayzata Schools contributed $1.5 million for an indoor competition pool and diving well. The contract is strucwred to protect the interests of the city. It contains a series of covenants. If Life Time violates a major contract covenant¡ the city can buyout Life Time for the cost of the original mortgage, which is about half the cost of the entire building. The contract also contains provisions for daily fee access for residents at rates comparable to other public community centers, and city residents receive 1 5% off the Life Time initiation fee. Also included are passes for low income residents, discounts for seniors, and a seasonal pass for the outdoor pool once Life Time reaches a certain membership threshold. Life Time members can skate for free at the adjacent Plymouth Ice Center. The City will maintain ail landscaping for the Life Time/Ice Arena complex, and will provide snow and ice control for the parking lots. Groundbreaking for Life Time and the Ice Arenas occurred in May 1996. Both facilities opened in June 1997. By August 1997, the Ice Arena had hosted a successful international hockey tournament and Life Time Fitness had well over 5,000 memberships. _. Advantages The City of Plymouth identified several advantages in the partnership arrangement with Life Time Fitness: . Life Time will pay property taxes, estimated at $250,000 per year. · The City saved at least $5 milfion in capital costs by not bUilding its own fitness facility. · The City will save operational costs, estimated at $250,000 - $300,000 per year. · The City has no operational responsibilities for the club. · Life Time has many more amenities than similar publicly-owned facilities. · Life Time is serving as a catalyst for further development of the "city center" area. Currently under construction are restaurants and a 12 screen movie theater. · The partnership has enabled each partner to do what they do best. Life Time knows how to operate and to market successful fitness clubs. The City knows how to operate an ice arena. · The public and private sectors are not competing. Disadvantages As with any project of this scope and complexity, there are disadvantages: · The City has no control over the Life Time facility, and it does not have a public character. · Citizens have varying perceptions of the relationship between the City and Life Time. The City often Is viewed as having responsibility for Life Time, but In reality has no authority to make policy changes beyond mere suggest/on. · Public expectations and private needs sometimes conflict. An example of this Is the public expectation that life Time will offer seasonal passes to the outdoor pool, similar to public outdoor pools in the area. However, life Time Is not willing to offer passes until a certain membership threshold is reached, to assure the flnancial success of the club. · The City was compelled to live wIth an unrealistic construction schedule and design process of the private partner. · Some Life Time programs compete directly with City recreation programs. - Tensions The relationship between the City of Plymouth and Life Time Fitness has experienced some tensions. Many of these are due to the differences inherent between the public sector and the private sector. · Public Drocess versus the need for sDeed. The City went through a public process, including a referendum, to gain approval for participation in the project. . Although relatively quick by public sector standards, this process was a source of frustration for Life Time. In Life Time's world, time is money, and the relationship to profits is direct and measurable. · Public bidding- versus neg-otiated bids. The City had to use a public bidding process for its portion of the project, and pay prevailing wages. Life Time could negotiate for bids for its building. · Appropriate public facilities versus "sell the sizzle." The City was mindful of the need to have a facility which was not too elaborate, to show that public dollars are wisely and prudently spent. Life Time's interest is to make the facility as appealing as possible, with attractive surroundings and extra features. · Special rates for speciall!t"ouPs versus the bottom line. The City wanted to make certain that Life Time would be available and affordable to lower income residents as well as seniors. Life Time's primary concern Is the bottom line, and giving discounts to particular groups is not generally In its corporate culture. · Accessibility versus control. The City's interest in having the Life Time facility accessible to all residents meant that the City traded off control of the facility. The City must live with the policies established by Life Time, which may not necessarily be ones the City would use if the facility were city operated. · Eaual Treatment versus Different Treatment. City projects are subject to the same codes and policies as any other project. Life Time at times took exception to some code enforcement and assessment policies, and requested that the City apply a different standard. If you consider a Public-Private Partnership... The partnership between Life Time Fitness and the City of Plymouth is proving to be successful. The club is very busy, and it has served as a catalyst for additional development in the downtown Plymouth area. We offer some advice to other cities considering such a partnership. · Begin the public-private venture with a letter of Intent. The letter of Intent sets the philosophy and tenor of the relationship which will be made legal in a contract. · Do business in writing, and not on a handshake. · Get written copies of all operational policies and procedures of the private partner. · Make certain that any incentives for the private sector are in harmony with public goals and priorities. · Expect challenges, tensions, and strains in the partnership. -- For further information: Telephone E-Mail Dwight Johnson, City Manager Eric Blank, Park & Recreation Director t~J r J.ttðr'k. l, :. uirtJRt Cir/ t1Bft'!fI'::r 612-509-5051 djohnson@ci.plymouth.mn.us 612-509-5201 ebIank@cí.plymouth.mn.us 61.0 129_~nrl) klw...dŒ~ . pl1laslll[IIIIIutiS · . 33862.18 -- GROUND LEASE and DEVELOPMENT AGREEMENT between CITY OF PLYMOUTH, MINNEsOTA and FCA,. LID, d/b/a LIFE TIME FITNEss ." ¡ABLE OF CONTENrS. Page r> ~: R ; ~:;\ l . Recitals ... ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 Definitions ..................................... 2 Articlè One - Lease of Property .. . . . . -. . . ; . . ... . . . . . . . . . .. 4 Article Two - City Residentiàl Use Covenants and Minimum Operational Standards ..................... 4 Article Three - Use of Property - Site Development and· Construction of ClublPool Complex .. ." . ..,. . . . . ; . . . . . . . 10 Article Four - Construction Disbursement .................. 12 Article Five - Permitted Leasehold Mortgage ................. 16 . Article Six - Parking Lot ............. .. . . . . . . . . . . . . . . 17 Article Seven - Covered Walkway and Common Wall Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 -, Article Eight - Name of Complex and Signage ............... 18 Article Nine - City's Rights Concerning Sale ................ 19 . Article Ten - Life Time Option to Purchase . . . . . . . . . . . . . . . . . 20 Article Eleven - Payment of Taxes and Otller Impositioris. . e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Article Twelve - Surrender ........................... 22 Arti I Th· I c e lrteen - nsurance . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Article Fourteen - Use of Insurance Proceeds . . . . . . . . . . . . . . . . 27 33862.18 -- i ~ Article Fifteen - City's Right to Perform Life Time's Covenants ............................. 28 Article Sixteen - Repairs and Maintenance of the ClublPool Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Article Seventeen - Compliance with Laws, Ordinances and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Article Eighteen - Changes and Alterations ................. 33 Article Nineteen - Discharge of Liens . . . . . . . . . . . . . . . . . . . . . 3S Article Twenty - Use of ClublPool Property . . . . . . . . . . . .. . . . . 37 Article Twenty-One - Entry on ClublPool Property by the City . . . . . 37 Article Twenty-Two - Indemnification of the City. . . . . . . . . . . . . 38 Article Twenty-ThÎ'ee - Condemnation .................... 40 Article Twenty-Four - Default Provisions ................. .42 Article Twenty-Five - Arbitration ....................... 46 Article Twenty-Six - Notices .......................... 46 Article Twenty-Seven - M:iscellaneous .................... 47 Article Twenty-Eight - Contingencies . . . . . . . . . . . . . . . . . . . . . 49 33862.15 ...",- ii . AGREEl\ŒNT dated this 20th day of March, 1996 by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation, as Lessor and hereinafter referred to as the "City," and FCA, LTD., a Minnesota corporation, doing business as LIFE TIME FITNESS, having its principal'office and place of business at Suite 275, 6442 City West Parkway,. Eden Prairie, MN 55344, as Lessee and.hereinafter referred to as "Life Time". RECITALS . The City owns property near 36th Avenue and Plymouth Boulevard which it is developing in conjunction with Life Time into a recreatiònal center ("Recreation Center . The Recreation Center Property shall be subdivided into four parcels: (1) the Ice Arena parcel which the City is developing into an indoor ice arena ("Ice Arena Complex"); Property"). (2) a parcel which Life Time is developing into a combined Fitness Center and swimming and diving complex ("Club/Pool Complex"); (3) the City-owned parking lot parcel ("Parking Lot"); and (4) a City-owned parcel ("City Owned Undeveloped Parcel"). . The City is leasing to Life Time the property upon which the Club/Pool Complex shall be developed pursuant to this Agreement. . The City is contributing $1.6 million toward the cost of tenant improvements for the Club/Pool Complex and site work in exchange for the covenants and agreement set forth herein to provide recreational opportunities for the residents of Plymouth, as an inducement to locate, construct, and operate its health club business in the City of Plymouth Center, and in order to induce Life Time to construct an operating facility larger than its normal health club, including two leisure pools and a competition pool. 33862.18 -- -1- · This agreement ("Agreement") sets forth the rights and obligations of the parties, their successors and assigns, relating to the lease of the ClublPool Property (as defined below) to Life Time by the City, the construction and operation of the ClublPool Complex. NOW, TIIEREFoRE, the parties agree as follows: 1. "Agreement" shall mean this Ground Lease and Development Agreement. 2. . "Contribution" shall mean the cash contribution of the City in the amount of $1.6 million, and the cash contribution of Life Time of at least $500,000.00 disbursed pursuant to Article Five of this Agreement. 3. "City" shaII mean the City of Plymouth, a municipal corporation under the laws of Minnesota. 4. "City Residential Use Covenants and Minimum Operation Standards" shall mean the covenants and standards as described in Article Two of this Agreement. 5. "City Owned Undeveloped Parcel" shall mean the real property described on Exhibit "A". 6. "ClublPool Complex" shall mean all improvements located upon the real property described on Exhibit "A" attached hereto. 7. "ClublPool Property" shall mean the real property described on Exhibit "A" attached hereto. --- . 8. "Daily Rates" shall mean the fees charged by Life Time to Plymouth residents for use of the ClublPool Complex as described in Article 2.02 of this Agreement. - 9. "Family Hours" shaII mean hours when children under age 13 may use the allótted portions of the ClublPool Complex. Family hours during the first 12 months the Club/Pool Complex is open shall be at least: 33&2.18 -.c:-"~.. -2- þ Sunday Monday Tuesday Wednesday Thursday Friday Saturday and 8:00 AM 12 Noon 12 Noon 6:00 PM 12 Noon 12 Noon 5:00 PM 1:00 PM 4:00 PM 2:30 PM 2:30 PM 9:00 PM 2:30 PM 2:30 PM 9:00 PM 9:00 PM . Outdoor Pool (in season) Monday, Wednesday, and Thursday 10:00 AM Tuesday . 10:00 AM Friday 10:00 AM Saturday 1:00 PM . Sunday: 8:00 AM 5:00 PM 9:00 PM 9:00 PM 9:00 PM 4:00 PM . Family hours may be adjusted by agreement between the City and Life Time. Family hours. , may be preempted by Independent School District No. 284 use of the pool pursuant to Article 3 of its Sublease with Life Time. 10. "Ice Arena Complex" shall mean the real property and its improvements described on Exhibit "A" attached hereto. 11. "Impositions" shall mean the obligations and charges described in Article Twelve of this Agreement. 12. "Leasehold Mortgage" shall mean the mortgage described in Article Five of this Agreement. 13. "Life Time" shall mean FCA Ltd., a Minnesota corporation, doing business as Life Tune Fitness. 14. "Parking Lot" shall mean the real property and improvements described on Exhibit "A" attached hereto. . . . 15. "Recreation Center Property" shall mean the combination of the Parking Lot, Club/Pool Property, Ice Arena Complex and the City Owned Undeveloped Parcel. 33862.18 ~- -3- · ARTICLE ONE Lease or Property 1.01 Lease. The City hereby leases to Life Time the Club/Pool property located at 36th Avenue and Plymouth Boulevard in the City of Plymouth, Hennepin County, Minnesota (hereinafter "Club/Pool Property"). Life Time shall own the improvements on the'Club/Pool Property subject to the ¡>rovisions of this Agreement. 1.02 Term. The lease shall be for a term of forty (40) years commencing on April 1, 1996, and expiring on March 31, 2036. 1.03 Consideration. As consideration for the tenant improvement allowance of the City for the Club/Pool Complex building, site improvements by the City and this Agreement, the Club/PooI Complex shall be subject to, and Life Time, its successors and assigns, shall be bound by, during the term of this Agreement, the "City Residential Use Covenants and Minimum Operational Standards" set forth in Article Two herein and the other tenns and conditions of this Agreement. ARTICLE TWO City Residential Use Covenants and Minimum Operational Standards 2.01 The "Residential Use Covenants and Minimum Operational Standards" set forth below are an integral part of the consideration of the City leasing the Club/Pool Property to Life Time and the City making the City's Contribution toward the cost and construction of the Club/Pool Complex. Without the Residential Use Covenants and Minimum Operational Standards, the City would not lease the Club/Pool Property to Life Time and agree to the other obligations herein. 33862.18 -- -4- . ¡:- ~ f r !. 2.02 The ClublPool Complex shall be available to all Plymouth residents, at the corresponding rates per person for a period of one year commencing on the date the ClublPool Complex opens: a) b) c) dJ ~) Adults ~ $8.00 ($6.00 pool use only) (daily) Second Adult Family Member or Child ages 13 through 17 Under 13 $5.00 (daily) . $3.00 (daily) bàycare (parent mu~t remain on ClublPool Property while child is in Daycare) $2.00 per child for two (2) hours Life Time shall offer a summer pool pass similar to other public outdoor pools once Life Time has obtained a membership base of 10,000 members. rate to be determined by the City To qualify for the Plymouth resident rates adults must present a driver's license or other acceptable identification. A resident of the City of Plymouth is not required to be a member of Life Time Fitness to use the ClublPool Complex under the Daily Rate structure. 2.03 For the period of one (1) year following the opening for business of the ClublPool Complex, children aged 12 and under of members of Life Time Fitness shall not be charged a separate initiation fee and, when accompanied by their parent or legal guardian, shall have admission to the ClublPool Complex without separate charge or payment of dues during Family Hours and subject to age limitations on the use of the ClublPool Complex applicable to children and families generally during Family Hour. Children of non-members sha!1 be required to pay the applicable Daily Pass Rate. 33862.18 "'IC:~ -5- · 2.04 Effective March 1 of each year of this Agreement commencing March 1, 1998, the Rates set forth in Section 2.02 shall be subject to a maximum adjustment for inflation. The adjustment formula is: the applicable Daily Rate shall be multiplied by a fraction, the numerator of which is the Consumer Price Index for December of the preceding year and the denominator of which is the CPI for December of 1995. This fonnuIa is expressed by the following numerical example which is designed to demonstrate the January I, 1998 estimated adjustment: Applicable Daily Rate x (CPI Dec. 1997) (CPI Dec. 1995) - New 1998 Daily Rate This annual adjustment shall be determined by using as the CPI the ·Consumer Price Index for all Urban Consumers (CPI-U) U.S. City Average, All Items,· published by the Bureau of Labor Statistics. If the name of the aforesaid ·Consumer Price Index· as described above shall be changed, or a simi1ar index substituted for the aforesaid index by the United States Government, the substituted index shall be used by the City and Life Time in determining the adjustment. Should the publication of the ·Consumer Price Index· be discontinued by the Bureau of Labor Statistics, U.S. Department of Labor, then the parties by agreement shall substitute a comparable index. Daily rates may not, however, be adjusted a higher percentage than the percentage adjustment Life Time makes to the daily rate, for non Plymouth residents, for a single person which is currently $10.00 per day. If Life Time enters into an agreement with another City in Minnesota in which Daily Rates, pass rates, or initiation fees are established, the rates in this Agreement may, at the 33862.18 --- -6- . City's discretion, be adjusted so that each rate under this Agreement is no higher than such other rates. 2.05 Any person who is a resident of the City at the time they choose to become a member of Life Time shall be given a fifteen percent (15%) discount off of the lowest membership initiation fee then available to the public at any open club owned or operated by Life Time in Minnesota. Life Time shall inform all eligible residents of their right to this discount. . }nadpition, the.initialinitiationfees and sale of membershipuo Plymouth residents shall be at the prices set forth below which shall be available for at least the first sixty (60) days of pre-sale. Initiation Fee Monthly Membership Fee (Rate guaranteed for 12 months) Single Person $125 Two People $210 Three People $295 Four People $380 ($85.00 for each additional Person) $29 per month $49 per month $69 per month $69 per month 2.06 The use of the ClublPool Complex by Plymouth residents shall be subject to the same roles, regulations, conditions and limitations of usage as all regular Life Time members, including requirements for adult supervision of children age 12 and under, written parental consent on file for anyone under the age of 18, and the prohibition against children under age 3 using pools. 2.07 Except as otherwise expressly provided in this Agreement, Life Time shall not discriminate between Plymouth residents paying the Daily Rate and Life Time members with 33862.18 -- -7- · respect to the use of the facilities, provisions of services, reservation rights, and daycare services. 2.08 The Club/Pool Complex shall be open and operating at a minimum daily from 5:00 a.m. to 11:00 p.m., except for partial daily hours on five holidays. Certain non-athletic services provided in the Club/Pool Complex (e.g. daycare services, massage services) may be limited as reasonably detennined by Ufe Time. 2.09 Ufe Time shall provide lifeguards for the leisure pools and the outdoor pool as part of Ufe Time's operation of the ClublPool Complex. Ufeguards shall be on duty during all Family Hours. 2.10 The Ice Arena shall be available without additional fees to Life Time members during public skating hours. 2.11 The City and Life Time shall establish procedures to handle complaints regarding the Operation of the ClublPool Complex including, but not limited to complaints relating to the "Residential Use Covenants and Minimum Operational Standards·. Life Time shall promptly furnish the City with a copy of all written complaints it receives. The City and Ufe Time shall meet at least quarterly to discuss all matters relating to this Agreement and the Operation of the ClublPool Compl~. Ufe Time shall provide quality customer service equal to or exceeding the level of service provided by Life Time to its customers in 1996. 2.12 All pools shall be maintained and repaired by Life Time and must maintain and pass public health standards at all times. 2.13 The temperature of the pool water in the leisure and outdoor pools must be approved by the City and shall be 85 degrees (plus or minus one degree). 33862.18 -- -8- · 2.14 The ClublPool Complex must meet all OSHA standards. 2.15 The Club/Pool Complex must meet all fire codes and may be inspected by the City for cornpliance. 2.16 The Club/Pool Complex must meet all Americans With Disabilities Act requirements for public buildings. Life Time shall .make reasonable efforts, as determined by the City to work with persons with disabilities. e Subject to time availability, the City may rent the pools for swimming lessons at times selected ,by the 'City at market 'rates' offered by fâêilities ine the Twin City Metropolitan Area. 2.18 Within sixty (60) days of the opening of the ClublPool Complex, Life Time shall provide a senior rate, age 60 and above, ~cepta~to the ~ity for Plymouth residents which includes a reduced initiation fee. (ofWeð. ¿,/1/Ql ì 2.19 Within sixty (60) days of the opening of the ClublPool Complex, Life Time shall provide a program satisfactory to the City allowing low income residents of the City access to the ClublPool Complex. The City may purchase from Life Time up to 1,000 daily . passes per calendar year, no more than 300 of which may be used for adults. The purchase price shall be two-thirds of the otherwise applicable Daily Rate for Plymouth residents. Passes may only be used for low income individuals as determined by the City. 2.20 Life Time shall cooperate with the City Park and Recreation Department on two jointly sponsored community events per year. Life Time shall cooperate with the City's Park and Recreation Department and the School District on joint programming. 2.21 The City may have bulletin board display space in the Club/Pool Complex without charge to the City. 33862.18 -- -9- 2.22 No membership cap shall apply to Plymouth residents. ARTICLE THREE Use of Property - Site Development and Leasehold Improvements of ClublPool Complex 3.01 Life Time shall design, construct, own, market and operate the Club/Pool Complex on the ClublPool Property in accordance with the provisions of this Agreement. The parking area constructed upon the Parking Lot shall service the Recreation Center Property without cost to any user of the Club/Pool Complex under this Agreement. Construction of the ClublPool Complex shall commence no later than September I, 1996 and shall be completed no later than September I, 1997. 3.02 The ClublPool Complex, which includes the fitness center, 25 yard competition 8-Iane pool, diving pool, indoor leisure pool with waterslide and other play features, whirlpool and outdoor leisure pool with waterslide, sha1I be constructed and equipped by Life Time, at its cost, in accordance with the plans and specifications identified in Section 3.07 of this Agreement. 3,03 The City shall be responsible for the following on the Recreation Center Property: Site Utilities & Storm Sewer Engineering Inspection Off-site Wetland Mitigation Soil Testing, Platting Site Grading Bituminous for Parking Lot Parking Lot Striping and Signs Rock Under Bituminous Curb and Gutter for Parking Lot and Access Driveways Parking Lot Lighting Sidewalks Modular Block Retaining Walls Landscape and Irrigation 33862.18 -........ -10- · ?: [ The City makes no warranties express or implied concerning the above-described work. Life Time shall inspect the property prior to commencing construction of the Club/Pool Complex and satisfy itself that it is suitable fOr its purposes. 3.04 Life Time shall reimburse the City for the following work on the Recreation Center Property: Bituminous for Parking Lot Parking Lot Striping and Signs Curb and Gutter for Parking Lot and Access Driveways Parking Lot Lighting Sidewalks in Front of theClublPool Complex . Cost shall be determined by the City and Life Time shall reimburse the City through the escrow account required by Section 4.01 of this Agreement. In addition, Life Time sha!1 install and pay for all outdoor signage consistent with plans and specifications identified in SectiOn 3.07. 3.05 The City shall separately contract for civil site engineering services for the Recreation Center property. The City shall pay for all site engineering costs. 3.06 All site work for the Recreation Center Property sha!l generally be in accordance with plans on file with the City dated March 13, 1996, prepared by LSA Design, Inc. with the following plan sheets: CLl C2.1 C3.1 C4.1 C5.1 C6.1 C7.1 C8.1 C9.1 Ll.l ELl SLl 33862.18 _;.O.U03.IN Existing Conditions Erosion Control Plan Demolition and Removals Site Plan Grading Plan Utility Plan Plaza Area Enlargements Details Details Landscape Plan Lighting Plan Signage Plan -11" · 3.07 Life Time sha!1 construct at its cost the Club/Pool Complex in accordance with the plans on file with the City issued March 7, 1996, prepared by Shea Architects, Inc. Specifications shall be subject to City approval. All material changes relating to or affecting the design and features of the ClublPool Complex must be approved by the City in writing, which approval shall not be unreasonably withheld. 3.08 The City shall advertise for bids and award the construction contract for the Ice Arena Complex and work to be performed under Section 3.03 of this Agreement according to applicable law if the bids are satisfactory to the City. 3.09 The City shall contribute $1.6 million toward the cost of improvements to the ClublPool Complex. Life Time shall be solely responsible for all costs in excess of the sums contributed by the City, including but not limited to financing, all administrative, architectural, engineering, construction management, .surveying and legal costs, but excluding <- any City staff time or City attorney expense. 3.10 The ClublPool Complex shall not open for business prior to completion of the Ice Arena Complex, unless significant unforeseen circumstances as reasonably determined by the City cause the Ice Arena Project to be delayed. 3.11 Life Time shall pay permit fees, sewer availability charges ("SAC" fees), and City sewer and water connection charges associated with the ClublPool Property and Club/Pool Complex. ARTICLE FOUR Construction Disbursement 4.01 All monies to be deposited by the City ($1.6 million) and Life Time (at least $500,000.(0) in connection with improvements to the Club/Pool Complex on the Club/Pool 33862.18 -- -12- ¡ ¡ . Property and other site work shall be disbursed by a title company approved by the City in accordance with a disbursement agreement acceptable to the City and Life Time. Any interest on. money deposited by the City shall be turned over to the City before a certificate of occupancy is issued for the Club/Pool Complex. Life Time shall pay all charges imposed by the title company. 4.02 No portion of the Contribution of the City shall be advanced and deposited with the title company as provided herein until the following documents are received or the following conditions are . met:· a. A 1987 ALTA form of mortgagee title insurance policy from a company and agent acceptable to the City which policy (the "Title Policy") shall, prior to or contemporaneously with the first advance: (i) insure the priority and sufficiency of any Leasehold Mortgage placed upon the property pursuant to Article Five herein as a first lien upon the Club/Pool Property; (ii) show all easements or other matters affecting the Club/Pool Property, all subject only to such exceptions or qualifications as are acceptable to the City; (ill) insure unconditionally against all possible contractors'. suppliers' and mechanics' lien claims; (iv) contain any endorsements or assurances that the City may reasonably request for protection of its interests, including but not limited to pending disbursement and interim mechanic's lien endorsement. b. The disbufSCment agreement described in Section 4.01 is fully executed. c. Evidence of insurance as required by this Agreement is received and approved by the City. 33862.18 -- -13- · d. A written opinion by a third party attorney acceptable to the City, covering such matters as the City deems necessary, including, without limitation, statements of opinion to the effect that: - 1. Life Time is a legal entity duly created in accordance with and in a condition of good standing under the laws of the state of its formation, with full authority to transact business in Minnesota. '" 2. .,The execution and delivery of this Agreement and the Leasehold Mortgage and the completion and operation of all improvements, does not violate, conffict with, or constitute a default under any terms of the Life Time's formative documents, or any mortgage, indenture, lease, agreement, license, permit, judgment, decree, order, statute, ordinance, rule or regulation to which Life Time is subject or bound. 3. There is no pending litigation or judgment entered of record against Life Time or directly related affiliates. 4. Life Time shall pay for the cost of such written opinion. e. A Sworn Construction Statement in a form acceptable to the City and to the title company, indicating the total costs for act~ or estimated construction and development of the ClublPool Complex that will or have been incurred by Life Time and containing line items and amounts as required by the City. f. A contract between Life Time and contractors acceptable to the City with a guaranteed maximum cost for construction of the Club/Pool Complex, and accompanied by copies of all contracts thereunder. 33862.18 -- -14- g. A contract between Life Time and the architect designing the Club/Pool Complex, together with acknowledged collateral assignments of the Life Time's interest in the Plans and Specifications to the City. The assignment to City as required in this section shall be subordinate to a pñor assignment in favor of the holder of the Leasehold Mortgage._ h.' A building construction schedule acceptable to the City. i. A certification from the Architect stating that the Plans and Specifications are complete-mall respects aIld contairi: all detailS reqûisite fórèonstruction of the ClublPool Complex which , when built in accordance therewith, shall comply with all zoning and building codes, laws, ordinances and regulations. j. Life Time's deposit with the title company of sufficient funds to complete the construction of the ClublPool Complex and Life Time's share of site improvement and engineeñng costs. k. Life Time's deposit of the debt service escrow with the City pursuant to Section 5.06. 1. A loan commitment in form and content acceptable to the City. m. The contingencies setforth in Article 28 of the Agreement have been satisfied or waived. 4.03 The requirement of this Article satisfies the requirements of the City's Zoning Ordinance for financial secuñty to guaranty the completion of extension amenities and of the City's subdivision ordinance for a development agreement. 3386Z.18 -15- ARTICLE FIVE Permitted Leasehold Mortgage 5.01 Life Time may place a mortgage upon the Club/Pool Complex in an amount which shall not exceed $4 million or such higher amount as the City may approve, which approval shall not be unreasonably withheld ("Leasehold Mortgage"). The mortgage is for the sole pUIpOse of securing construction and subsequent permanent financing for Life Time's share of the C?st of constructing the Club/Pool Complex. 5.02 The Indebtedness secured by the Leasehold Mortgage shall be amortized Over a period of thirty years or less. Life Time may refinance the indebtedness secured by the mortgage provided the amount of the remaining principal balance is not increased in excess of $4 million or such higher amount as the City may approve and the new debt is not amortized for a period of time extending beyond thirty (30) years. 5.03 Any mortgage allowable hereunder shall contain a provision which requires that the City receive notice of default and opportunity to cure rights from the mortgagee. 5.04 Life Time shall not secUre any additional debt with the Club/Pool Complex, except equipment financing, without the prior written consent of the City. 5.05 The City shall subordinate its fee interest and interest under this Agreement in the Club/Pool Complex to the leasehold mortgage and shall execute a subordination . agreement if required by the Leasehold Mortgage. 5.06 Life Time shall deposit in escrow with a bank on terms acceptable to the City - an amount equal to four months of debt service on the Leasehold Mortgage to be placed upon --- the Club/Pool Property by Life Time as permitted herein. The funds are to be held in ~ ~ escrow and available to the City, at its option, to cure any default under the leasehold 33862.18 -- -16- ¡ t ¡~ mortgage. Accrued interest on the escrow funds, shall be paid on a quarterly basis to Life Time. ARTICLE SIX Parking Lot 6.01 Life Time and any. successo~ to Life Time occupying the Club/Pool Complex. is hereby granted a non-exclusive perpetual easement in and to the Parking Lot for the purpose of customer and employee parking. The Parking Lot shall contain a minimum of 670 improved·parking-spaces:" 6.02 Prior to the first construcûon disbursement, a non-exclusive parking easement in the form attached hereto as Exhibit "B" shall be fùed against the Recreaûon Center Property. The easement shall remain in effect even if the Club/Pool Property is not used for' a fitness center and even if this Agreement is terminated. 6.03 The City at its cost shall provide snow and ice control for the Parking Lot and maintain the landscaping including the lawn irrigaûon system. All other repairs and maintenance of the Parking Lot shall be performed by Life Time, with the costs shared equally by Life Time and the City. Life Time shall be solely responsible for the repair, maintenance, replacement and energy. cost for the parking lot lighting. ARTICLE SEVEN Covered Walkway and Common Wall Agreement 7.01 A temperature-controlled enclosed walkway shall be constructed alongside and connecting the Ice Arena Complex and the ClublPool Complex. Life Time and the City shall grant to the other a reciprocal easernent for pedestrian passage to and from the respecûve facilities via the enclosed walkway when the Club/Pool Complex is open in the 33S6Z.18 ....1t;1CM.I031M -17- form depicted on Exhibit ·C·. The City shall have the option at the City's expense to extend the enclosed walkway to abutting property owned by the City. 7.02 Each party shall be responsible for the costs of operation and maintenance of the covered walkway located on their respective parcels. 7.03 The wall between the ice Arena Complex and the Club/Pool Complex isa common wall. The parties respective rights and obligations pertaining to the wall are as follows: -- a. The cost of designing and constructing the common wall shall be paid for fifty percent (50%) by Life Time and fifty percent (50%) by the City. b. A common wall covenant to be recorded against the title to the ClublPool Property is attached hereto as Exhibit ·D·. 7.04 The City may in the future construct an additional building abutting the ClublPooI Complex. The same terms as specified above shall be applied to the common wall. ARTICLE EIGHT Name of Complex and Signage 8.01 ~e ~e of the Recreation Center Property shall be selected by the City, but it shall include a reference to Life Time. The name of Life Time Fitness Club shall be included on signage near the main entrance to the property in accordance with the plans and specifications identified in Section 3.07. The City reserves the right to alter the signage configuration so long as the visibility of the Life Time Fitness Center sign is not unreasonably impaired. . 33862.18 --- -18- ARTICLE NINE The City's Rights Concerning Sale 9.01 Life Time may sell its interest under this Agreeme~t at any time during the first five years after the Club/Pool Complex opens for business, if Life Time pays the City $500]000 if the sale occurs within one year after the Club/Pool Complex opens for business; $400,000 if the sale occurs within two (2) years after the opening, $300,000 if the sale occurs within three (3) years after opening, $200,000 if the sale occurs Within four (4) years . . of opening, or.$I00,OQQ if the .saleoccurs mö~ than four (4) yearsaft~r opening but less .: --'- ~'. .. -.' " . ". ",'," ). :." .'. .-:.... -." , ....., , ".... .. ... -'", ~. . ,. ~" -.-.' ,.. than five (5) years after opening. Notwithstanding the foregoing, if Life Time is selling seven (1) or more fitness clubs in Minnesota to one entity within a twenty-four (24) month period within five (5) years after the Club/Pool Complex is opened, then the required payment shall be $200,000.00. 9.02 If at any time during the term of this Agreement Life Time receives a bona fide offer from any entity to acquire Life Time's interest under this Agreement which Life Time intends to accept, Life Time shall notify the City by sending to the City a copy of the proposed contract and notify the City of Life Time's intention to accept such offer. The City shall have the right within thirty (30) days after receipt of the notice from Life Time to inform Life Time of the City's intention to conduct a special election on whether to spend money to purchase the Club/Pool Complex. Within sixty (60) days after the election the City may accept the terms of such contract to purchase, assignment or sublease in its own name, or in the name of a nominee, and on the terms specified in the proposed contract. If the City does not exercise its right of first refusal by sending Life Time notice within such thirty-day period, Life Time may then sell, assign or sublease its rights to the Club/Pool Complex to 33862.18 ...r;:oOUIØIH -19- the entity who made the bona fide offer provided that such sale, assignment or sublease is on the same terms and conditions, as set forth in proposed contract. This Right of First Refusal shall not apply if Life Time is selling mOre than one fitness center, including the Plymouth ClublPool Complex, to one entity at the same time. 9.03 Life Time must notify the City in writing at least ten (10) days prior to the . closing on the sale of the ClublPool Complex as to the identity the Buyer. 9.04 If Life Time sells or assigns its interest in the ClublPool Complex, the sale or assignment must be conditioned upon the new entity signing an agreement, satisfactoxy to the City, agreeing to be bound by the terms of this Agreement. ARTICLE TEN r. LiCe Time Option to Purchase 10.01 Life Time shall have the right at the expiration of the term and only at the expiration of the term of this Agreement to purchase the Club/Pool Property by paying to the City the sum of One Hundred Thousand Dollars ($100,000.00) (·Purchase Price.). Life Time shall give th~ City one hundred ~enty (120) days notice of Life Time's intention to exercise its right to purchase the ClublPool Complex and shall pay the Purchase Price to the City on the expiration date of this Agreement. Life Time shall not have the right to purchase the ClublPool Property if there has been a default under the terms of this Agreement and the default exists at the time this Agreement terminates. 10.02 The City shall, upon payment of the Purchase Price, deliver to Life Time a limited warranty deed conveying title to the Club Pool Property subject to all encumbrances, liens, restrictions, covenants, and easements contemplated by this Agreement. 33862.18 -......... -20- (> k ~ ~. í ARTICLE ELEVEN Payment of Taxes and Other Impositions 11.01 Life Time sha!1 payor cause to be paid before any fine, penalty, interest or cost may be added thereto, all real estate taxes, assessments, water and other public utility . charg~ and all other charges or burdens,whatsoe.ver kind and nature; which,at any time prior to or during the term of this Agreement may have been, or may be assessed, levied, confirmed, imposed upon, or grow or become a lien on, the Club/Pool Property or any part thereof,otany appùrterianœthereto;·ôr the rerifonricome received from subtenants or licensees, or any use or occupancy of the Leased Club/Pool Property, or such rights, obligations, easements, and franchises as may now or hereafter be appurtenant, or appertain, to the use of the Club/Pool Property, all of which charges are hereinafter referred to as "Impositions." 11.02 Life Time shall pay any Impositions which are incurred or accrue prior to the date of execution of this Agreement to the extent such imposition is a direct or indirect result of action taken by the Life Time with respect to the construction of the Club/Pool Complex. 11.03 Life Time shall be responsible for the payable 1996 real estate taxes and installments for special assessments and for every year thereafter during the term of this ·Agreement. 11.04 An Imposition relating to a fiscal period of the taxing authority, a part of which period isinc1uded within the term of this Agreement and a part of which is included in a period of time after the expiration of the term of this Agreement, shall, whether or not such irnposition shall be assessed, levied, confirmed, imposed upon or in respect of or become a lien upon the Club/Pool Property, or shall become payable, during the term of this 33862.18 flNl::r04o'03IN -21- Agreement, be adjusted between the City and Life Time as of the expiration of the term of this Agreement, so that Life Time shall pay that portion of such imposition which that part of such fiscal period included in the period of time before the expiration of the term of this Agreement bears to such fiscal period, and the City shall pay the remainder thereof, provided, however, that Life Time shall not be entitled to receive any apportionment, if Life Time shall be in default in performing any of the terms of this Agreement. -. ARTICLE TWELVE Surrender 12.01 Life Time shall on the last day of the term hereof (unless Life Time has exercised its right to purchase the ClublPool Property) or upon any earlier termination of this Agreement, or upon any entry or re-entry by the City upon the ClublPool Property pursuant to this Agreement, surrender and deliver to the City the Club/Pool Property including the ClublPool Complex, fixtures, equipment and furnishings without fraud or delay, subject to the provisions of this Agreement, in good order, condition and repair, reasonable wear and tear excepted, free and clear of any mortgages, liens or encumbrances. 12.02 All furnishings, fixtures and equipment installed in, affixed to, placed upon or used in connection with the operation of the-Club/Pool Complex shall become the property of the City upon termination of this Agreement (unless Life Time shall purchase the ClublPool Property under the terms of this Agreement) or surrender of the premises to the City. Life Time shall keep and maintain such furnishings, fixtures and equipment at all times .. throughout the term of this Agreement in good and usable condition with all necessary replacements thereof, sufficient for the operation of the Club/Pool Complex, and shall deliver 33862.18 -- -22- the same in such condition to the City as additional rent at termination of Life Time's tenancy hereunder. 12.03 Upon the date fixed for the expiration of the term of this Agreement (unless Life Time Purchases the ClublPool Property pursuant to the terms of this Agreement) or upon the sooner termi~~tionof the term thereof, as the case may be, the Club/Pool. Complex, fixtures and furnishings shall automatically and without further act upon the part of Life Time or the City become the property of the City and title thereto shall vest in the City free and dear ofallliens and. encumbrances and without payment therefor'by the City. Life' Time will, upon request of the City, promptly execute and deliver to the City a deed or such other appropriate instrument of conveyance as the City may deem necessary or desirable to - evidence or confirm the vesting of title to the Club/Pool Complex in the name of the City, in recordable form reasonably satisfactory to the City. 12.04 The CIublPool Compiex is and shall remain the property of Life Time until the date herein fixed for the expiration of the term of this Agreement or until the sooner termination thereof. Life Time's estate, title or interest in' the Club/Pool Complex shall not be subleased; assigned, transferred or otherwise conveyed or encumbered in whole or in part, nor purported to be subleased, assigned, transferred, or otherwise conveyed or encumbered in whole or in part, separate and apart from Life Time's interest under this Agreement, nor shall there be any sublease, assignment, transfer or conveyance of the estate, title or µ¡terest of Life Time in the ClublPool Complex in whole or in part by operation of law or by judicial order, decree or judgment, separate and apart form Life Time's interest under this Agreement except as permitted in this Agreement. 3386Z.18 IWIt;I04i03JM -23- 12.05 It is the intention and agreement of the parties that Life Time's interest in this Agreement and all of Life Time's right, title and interest in and to the Club/Pool Complex shall be nonseparable and that any attempts to transfer or mortgage either of such interests, 0> except as expressly permi~ under the terms of this Agreement, shall be void and of no force and effect unless there shall be a complete transfer or mortgage, as the case may be, of Life Time's interest under this Agreement and of all Life Time's right, title and interest in and to the Club/Pool. Complex to the same party. It is also the intention and agreement of the parties that the sc:paration of title to the Club/Pool Property from title to the Club/Pool Complex is not to change the character of the Club/Pool Complex as real estate. 12.06 The provisions of this Article Twelve shall survive any termination or expiration of this Agreement. ARTICLE THIRTEEN Insurance 13.01 Life Time, at its sole cost and expense, shall keep the Club/Pool Complex and all the fixtures, furnishings and equipment therein, insured agaiDst loss or damage by fire and against loss or damage by such other risks now or hereafter embraced by "Extended - Coverage,· so called, and against such other risks or hazards and in an amount not less than 100% of the full replacement value of the Club/Pool Complex and Contents. During the construction of the Club/Pool Complex or any alterations thereto, Life Time shall provide Builders Risk Insurance written on Completed Value Form. All insurance policies required herein shall list the City as a loss payee in an amount equal to the City's contribution. 13.02 In addition to the insurance required in Section 13.01 above, Life Time, at its sole cost and expense, shall purchase and maintain during the entire term of this Agreement: 33862.18 "'lC:fI04.'03IM -24- a. ~'2:..c.~ 1A .- . Comprehensive bodily injury and property damage liability insurance against claims for bodily injury, death or property damage, occurring in, on, or about the Club/Pool Property, the Club/Pool Complex, or any elevator or escalator therein and on, in or about the adjoining parking lots and passageways, and ._ personal injury and advertising insurance-cQverage naming..the City and the Life Time as the insured, such insurance to afford minimum protection, during the term of this Agreement, of not less than Two Million Dollars ($2,OOO,OOO~00)with single limi~bodily 'irijill'y/prôperty damage and a ThreC Million Dollar ($3,000,000.00) umbrella policy; Boiler and pressure vessel (including, but not limited to, steam pipes, pressure pipes, and condensation return pipes) insurance, provided the Club/Pool Complex contains a boiler or other pressure vessel or pressure pipes, in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000.00) and plate glass insurance upon store fronts wherever located and upon any other plate glass installed on the ground floor of the Club/Pool Complex; Rent, rental value or business interruption insurance against loss of rent or income due toflre and the risks now or hereafter embraced by "Extended Coverage," in an amount at least equal to the annual gross operating income of Life Time at the Club/Pool Property. Such rent, rental value or business interruption insurance shall be made payable to the City and any Leasehold Mortgage holder described in Article Five. In the event that the Club/Pool Complex shall be destroyed or damaged. the proceeds of such rent or rental value insurance shall be applied periodically. to . the payments due the Leasehold b. c. -25- Mortgage holder or the City pursuant to this Agreement until the restoration of the Club/Pool Property, at which time any balance of such proceeds shall be . returned to Life Time, provided Life Time is not in default under this Agreement or the Leasehold Mortgage. e. Such other insurance insuring against such risks, in such amounts with such protective provisions as may be reasonably required from time to time by the City of the ClublPool Property and Club/Pool Complex. f. Demolition and restoration insurance fòr the benefit of the City to insure that, in the event the Improvements on the Club/Pool Property are destroYed by fire or other casualty and not rebuilt by the Life Time, the remains of the improvements are demolished and the ClublPool Property are restored to their present condition (i.1:., a level, grassy field on grade). The Proceeds of the 13.03 All insurance policies set forth in. this Article Thirteen shall name the City and any Leasehold Mortgage holder as additional parties insUred, or as mortgagee or loss payee, policy shall be payable solely to the City. whichever is applicable. 13.04 All insurance shall be effected under valid and· enforceable policies issued by insurers of recognized responsibility which are licensed to do business in the State of Minnesota and which have been approved by the City as to the qualifications of insurers and the amounts of insurance to be written by each. Upon the execution of this Agreement, and thereafter not less than sixty (60) days prior to the expiration dates of any expiring policy or policies theretofo~ furnished pursuant to this Article Thirteen of this Agreement, originals of the policies, copies thereof, or certificates of insurance, in the case of bodily injury and 3386z.18 --._~... -26- property damage liability insurance, bearing notations evidencing the payment of premiums or by other evidence of such payment, shall be delivered by Life Time to the City. 13.05 Each policy required in this Article Thirteen sha!l have attached thereto (a) an endorsement that such policy shall not be cancelled or not renewed without at least sixty (60) days' prior written notice to the City; and (b) an endorsement to the. effect that no act or omission of the Life Time shaJ1 invalidate the interest of such person or entity entitled to such notice. . 13.06 Each policy shall be'reviewedartd inêreased every yeaiwith minirnum protection amounts adjusted based upon the increase in the CPI as set forth in the formula provided in Section. 2.04 of this Agreement. ARTICLE FOURTEEN Use oC Insurance Proceeds 14.01 In case of damage to or destruction of the Club/Pool Complex by fire or other casuaJty, Life Time, shall at Life Time's sole cost and expense, whether or not the insurance proceeds, if any, shall be sufficient Cor the purpose, and irrespective of the amount of any loss, restore, repair, replace, rebuild the Club/Pool Property or the Club/Pool Complex and other improvements thereon, as nearly as possible to its value, condition and character immediately prior to such damage or destruction in accordance with plans approved by the City. Such restoration, repairs, replacements, rebuilding or alterations shall be commenced with due diligence, and in good faith, and prosecuted with due diligence and in good faith, unavoidable delays excepted. 14.02 All insurance money paid pursuant to this Agreement on account of such damage or destruction, less the actua! cost, fees and expenses, if any, incurred in connection. 33862.18 .....:o04œIN -27- with the adjustment of the loss, shall be applied to the payment of the cost of the aforesaid demolition, restoration, repairs, replacement, rebuilding, including the cost of temporary repairs for the protection of Club/Pool Property or the Club/Pool Complex pending the . completion of pennanent restoration, repairs, replacements, rebuilding (all of which temporary repairs, protection of property and permanent restoration, repairs, replacement, rebuilding are hereinafter collectively referred to as the "Restoration"). The insurance proceeds shall be paid out from time to time as such Restoration progresses by a title company or other dispersing agent agreed to by the parties with normal lien waivers and other requirements. 14.03 No destruction of, or damage to, the ClublPool Property or any part thereof by fire or any other casualty shall permit Life Time to surrender this Agreement or shall relieve Life Time from its liability under the terms and conditions of this Agreement including additional rent payable under this Agreement, and Life Time waives any rights now or hereafter conferred upon it by statute or otherwise to quit or surrender this Agreement or the ClublPool Property or any part thereof or to any suspension, diminution, abatement or reduction of rent on account of any such destruction or damage. ARTICLE !<U-.l'EEN . The City's Right to Perform Life Tune's Covenants 15.01 If Life Time shall at any time fail to pay any Imposition in accordance with the provisions of ~cle Eleven hereof, or to take out, pay for, maintain and deliver any of the insurance policies provided for in Article Thirteen hereof, or shall fail to make any other payment or perform any other act on its part to be made or performed in accordance with any terms and provisions of this Agreement, the City, after ten (10) business days' prior 33862.18 -- -28- written notice to Life Time (or without notice in case of an emergency) and without waiving, or releasing Life Time from, any obligation of Life Time contained in this Agreement, may, but shall be under no obligation to: (a) pay any Imposition payable by Life Time pursuant to the provisions of Article Twelv~ hereof, or (b) take out, pay for and maintain any of the insurance policies provided for in Article Thirteen hereof, or (c) make any other pà.ýmenforpérfotm any otheractón Life'Tímê's parllo be rnade or performed as in this Agreement provided including, but not limited to payments due under the Leasehold Mortgage or performance of any terms or conditions of the Leasehold Mortgage; and may enter upon the Club/Pool. Property for any such purpose, and take all such action thereon, as may be necessary therefor. 15.02 All sums so paid by the City and all costs and expenses, including attorney's fees, incurred by the City in connection with the performance of any such act, shall be paid by Life Time to the City as the case may be on demand, and the City shall not be limited in the proof of any damages which the City may claim against Life Time arising out of or by reason of Life Time's failure to provide and keep in force insurance as aforesaid, to the amount of the insurance premium or premiums not paid or incurred by Life Time and which . would have been payable upon such insurance, but the City shall a!so be entitled to recover damages for such breach, the uninsured amount of any loss (to the extent of any deficiency in the insurance required by the provisions of this Agreement), damages, costs and expenses of suit, including reasonable counsel fees, suffered or incurred. by reason,of damage to, or .......L~ 1. -?Q- destruction of, the Club/Pool Property and the Club/Pool Complex or any part thereof, OCCurring during any period when Life Time shall have failed or neglected to provide insurance as afor~d. 15.03 Under no circumstances shall the exercise by the City of the right granted in this Article Fifteen to enter upon the ClublPool Propeny or the ClublPool Complex for any pUIpOse specified herein and take such action as may be necessary, or the exercise of any other right or remedy granted to the City under any other provision of .this Agreement to cure, prevent or take any other action with respect to any default by Life Time, constitute an eviction of Life Time, result in a termination of this Agreement, or in any manner whatsoever relieve Life Time from liability to pay any amounts due under this Agreement or to COmply with the Residential Use Covenants and Minimum Operational Standards and from the performance of any term of tIùs Agreement by Life Time. 15.04 The exercise of any right by the City under this Agreement shall not alter, abridge, supersede or otherwise affect the obligations of the City under this Agreement to give any notice required by any provisions of this Agreement, nor alter, abridge, Supersede or otherwise affect the rights of any Leasehold Mongage to cure any default of Life Time or to take any action permitted hereunder in connection therewith. 15.05 The Provisions oftIùs Section 15.05 shall have no application to the City's right to terminate tIùs Agreement under any other term covenant or condition of this Agreement or to the City's rights to enter, re-enter or to obtain POssession of the Club/Pool Property and the ClublPool Complex following termination of this Agreement in accordance with the provisions hereof. 33&12.18 ......._.~ -30- ARTICLE SIXTEEN Repairs and Maintenance of the Club/Pool Property 16.01 Throughout the term of this Agreement, Life Time, at its sole cost and expense, shall take good care of the Club/Pool Complex, furnishings, fixtures and equipment, and shall keep the same in good order and condition reasonable wear and tear excepted, and make all necessary repairs thereto, interior aild exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen. When used in this . Article Sixteen; the term WrepairsW' shall includê all n'ecessáry replacements, renêwals and alterations needed to maintain the Club/Pool Complex as a first class facility of its type. All repairs made by Life Time shall be at least equal in quaJity and class to the original work. In December of.each year, Life Time shaJl provide the City documentation summarizing all repair, maintenance and repair activities occurring in the previous twelve months. The City, at its own expense, may inspect the Club/Pool Complex. Deficiencies noted by the City to Life Time must be corrected within sixty (60) days at Life Time's expense. 16.02 Life Time may temporarily close portions of the Club/Pool Complex for necessary repairs from time to time after reasonable notice to City. The necessity for and adequacy of repairs to the Club/Pool Complex and the fixtures therein pursuant to this Agreement shall be measured by the standard which is appropriate for buildings of similar construction and class, provided that Life Time shall in any event make all repairs necessary to avoid any structural damage or deterioration to the Club/Pool Complex. 16.03 Life Time shall keep and maintain all portions of the Club/Pool Property, and the sidewaJks, curbs, entrances, passageways and, to the extent required by law all areas 33862.18 ~- -31- adjoining the same in a safe, clean and orderly condition, free of dirt, rubbish, snow, ice, and unlawful obstructions. 16.04 The City shall not be required to furnish any services or facilities or to make any repairs or alterations to the Club/Pool Property and the Club/Pool Complex. Life Time hereby assumes the full and sole responsibility for the condition, Operation, repair, replacement, maintenance and management of the Club/Pool Property and the Club/Pool Complex subject to· the terms of this Agreement. 16.05 Annual Budget. Life Time, upon the City's request, shall submit an annual budget to the City for maintenance, improvements, and replacement. The budget shall be submitted on or before November 1st annually for the next calendar years. ARTICLE SEVENTEEN Compliance with Laws, Ordinances and Regulations 17.01 Throughout the term of this Agreement, Life Time, at its sole cost and expense, shall promptly comply with all present and future laws, ordinances, orders, rules, opinions, directives, regulations and requirements of all federal, state, and city governments, courts, commissions, .attorneys general, any national or local insurance rating bureau, or any other body exercising functions similar to thOSf'~of any of the foregoing, which may be applicable to the proposed operations and activities on the Club/Pool Property, the Club/Pool Complex or any part thereof. 17.02 Life Time shall likewise observe and comply with, or shall cause to be observed and complied with, all the requirements of all policies of public liability, fire and other insurance at any time enforce with respect to the Club/Pool Property and the Club/Pool Complex. 33862.18 - -32- t ARTICLE EIGHTEEN Changes and Alterations 18.01 Life Time shall have the right, at any time and from time to time during the term of this Agreemènt, to make, at its sole cost and expense, changes and alterations in, to or of the ClublPool Complex, subject, however, in all cases to the following: (a) No structural change or alteration, involving in the aggregate an estimated cost of more than Seventy-Five Thousand Dollars ($75,000.00), shall be made without the prior written consent of the Citywruch consel1tshall not be unreasonably withheld. (b) No change or alteration shall be undertaken until Life Time shall have procured and paid for, so far as the same may be required from time to time, all permits and authorizations of any federal, state, or city government or departments, or subdivisions of any of them, having jurisdiction. (c) Any structural change or alteration, involving in the aggregate an estimated cost of more than Seventy-Five Thousand Dollars ($75,000.00) shall be conducted under the supervision of a licensed architect or a licensed professional engineer selected by Life Time and approved in writing by the City and no such structural change or a!teration shall be made except in accordance with detailed plans and specifications and cost estimates prepared and approved in writing by such architect or engineer, and approved in writing by the City (such approval not to be unreasonably withheld). 33862.18 -- -33- (d) Any change or alterations shall, when completed, be of such a character as not to reduce the value and utility of the Club/Pool Complex below its value and utility immediately before such change or alteration. ,~ (e) Any change or alteration shall be made promptly (unavoidable delays excepted) and in good and workmanlike manner and in compliance with all applicable permits and authorizations and building and zoning laws and with all other laws, ordinances, orders, rules, regulations and requirements of all federal, state, and city governments, departments, commissions, boards and officers, any national or local insurance rating bureau, or any other body hereafter exercising functions similar to those of any of the foregoing. (f) The cost of any such change or alteration shall be paid in cash or its equivalent, so that the Club/Pool Property shall at all times be free of liens fòr labor and materials and the ClublPool Complex and free from any encumbrances, chattel mortgages, conditional bills of sale, or security interests. (g) Whenever appropriate the fire insurance with "Extended Coverage, " as required to be maintained during the term of this Agreement in Section 13.01 of Article Thirteen hereof, shall be adapted to provide, during any period of building construction, for Builder's Risk Insurance written on the Completed Value Form or on the Monthly Reporting Form. (h) If the estimated cost of any such structural change or alteration shall in the aggregate be in excess of Seventy-Five Thousand Dollars ($75,000.00) Life Time shall, before commencement of work, at Life Time's sole cost and 33862.18 -- -34- ~ ~. I expense, furnish to the City a surety company performance bond, issued by a surety company acceptable to the City, in an amount at least equal to the estimated cost of such change or alteration, guaranteeing the completion thereof within a reasonable definite time, free and clear of all liens, encumbrances, securit)' interests, chattel mortgag~, conditional bills of sale, and other charges, and in accordance with the plans and specifications approved by such obligee. In connection with any such structural change or alteration for which amounts have been deposited'or are to be used' pursuant to" this Agreement, no such performance bond òr other security shall be required except to the extent that such estimated costs exceed the amount deposited or to be used pursuant to this Agreement. 18.02 The dollar amounts lisied in Sections 18.01 (a) (c) and (h) shall be adjusted for inflation as set forth herein. The adjustment formula is: $75,000.00 multiplied by a fraction the numerator of which is the CPI for the month preceding the expiration of the Term and the denominator of which is the consumer price index for Decernber, 1995. This adjustment shall be determined by using as the CPI the ·consumer price index for all urban consumers (CPI-U) U.S. City Average, all Terms· Bureau of Labor Statistics. If the name of the ·consumer price index· as described above shall be changed a substituted index shall be used as set forth in Section 2.03 of this Agreement. ARTICLE NINETEEN Discharge of Liens 19.01 Except for the Leasehold Mortgage, Life Time shall not create or permit to be created or to remain, and shall discharge, any lien, encumbrance or charge, levied on 33262.18 -- -35- account of any Impositions or any mechanic's, laborer's or materialman's lien or any mortgage, conditional sale, title retention agreement, security interest or chattel mortgage, or otherwise which might be or become a lien, encumbrance or charge upon the Club/Pool - Property or any part thereof provided that any Imposition may, after the same becomes a lien on the Club/Pool Property, be paid or contested in accordance with this Agreement and any mechanic's, laborer's or materialman's lien may be discharged in accordance with Section 19.02 of this Article Nineteen. 19,02 If, because of any act or omission of Life Time, any mechanic's lien or other lien, charge or order for the payment of money shall be filed against the Club/Pool Property or the City except as provided herein, Life Time shall, at its own cost and expense cause the same to be discharged of record or bonded within ninety (90) days after written notice from the City to Life Time of the filing thereof; and Life Time shall indemnify and save the City harmless against and from all costs; liabilities, suits, penalties, claims and demands, including reasonable counsel fees, resulting therefrom. . 19.03 Nothing in this Agreement contained shall be deemed or construed in any way as constituting the consent or request of the City, express or implied, by inference or otherwise, to any contractor, subt:ontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to, or repair of the Club/Pool Property or any part thereof or for the demolition or the replacement of the Club/Pool Property or any part thereof. 33862.18 -- -36- ARTICLE TWENTY Use of Club/Pool Property 20.01 Life Time may use the Club/Pool Property for the Club/Pool Complex pursuant to the terms and conditions set forth in this Agreement only and for no other purpose. Life Time shall construct,operate, maintain, repair. and, reconstruct (the latter as provided herein) the Club/Pool Complex in accordance with all applicable zoning and building codes and regulations and the terms and conditions of this Agreement. Life Time shall not use or allow the ClublPòOl Property or any part of eíthedo beìišed 'or occupied for any UJÙawful purpose or in violation of any certificate of cornpliance covering or affecting ",'..... the use of the Club/Pool Property or any part thereof and shall not suffer any· act to be done or any condition to exist on the Club/Pool Property or any part thereof or any article to be brought thereon which maybe dangerous, unless safeguarded as required by law, or which may, in law, constitute a nuisance, public or private, or which may make void or voidable any insurance then in force with respect thereto. 20.02 Life Time shall not do or suffer any waste or damage, disfigurement or injury to the Club/Pool Property, the Club/Pool Complex or any part thereof. ARTICLE TWENTY-ONE Entry on Club/Pool Property by the City 21.01 In addition to the City's right of entry under any other provision of this Agreement, Life Time shall permit the City and its authorized representatives to enter the Club/Pool Property or the ClublPool Complex at ån reasonable times for the purpose of (a) inspecting the same and (b) making any necessary repairs thereto and performing any work therein that may be necessary by reason of Life Tirne's failure.to.make.any such repairs or 33862.18 """'- -37- perform any such work. Nothing herein contained shall create or imply any duty upon the part of the City to make any such repairs or do any such work; and performance thereof by the City shall not constitute a waiver of Life Time's default in failing to perform the same. 21.02 The City may during the progress of any work in the Club/Pool Property or the ClublPool Complex keep and store therein or elsewhere upon the ClublPool Property all ne<'~ssary materials, tools, supplies and equipment. The City shall not be liable for inconvenience, annoyance, disturbance, loss of business or other damage of Life Time by reason of making such repairs or the performance of any such work, or on account of bringing materials, tools, supplies and equipment into or through the Club/Pool Property during the course thereof and the obligations and liabilities of Life Time under this Agreement shall not be affected or released thereby. In making any such repairs or performing any such work, however, the City shall proceed with a minimum of inconvenience to the Life Time. ARTICLE TWENTY-TWO Indemnification 22.01 Notwithstanding any provision to the contrary contained in this Agreement, Life Time shall indemnify and save harmless the City agail1$t and ftonrall liabilities, obligations, damages, penalties, claims, costs, orders, charges and expenses, including reasonable architects' and attorneys' fees, which may be imposed upon or incurred by or . asserted against the City by reason of any of the fOllowing occurring during the term of this Agreement: 33862.18 -- -38- (a) any work or thing done in, on or about the Club/Pool Property, Club/Pool Complex or any part thereof by Life Time or its employees agents, contractors, licensees or invitees; (b) any use, non-use, possession, occupation, condition, operation, maintenance or management of the Club/Pool Complex or Club/Pool Property or any part thereof or, if Life Time is negligent or otherwise at fault, any street, avenue, alley, sidewalk, curb, passageway, entrances, or structures, or space adjacent thereto;' . : (c) any negligence on the part of Life Time or any of its agents, contractors, servants, employees, licensees, or invitees; ~ (d) any accident, injury or damage to any person or property occurring in, on or about the Club/Pool Property or the Club/Pool Complex or any part thereof or any street, avenue, alley, sidewalk, curb, passageway, entrances, or structures or space adjacent thereto; (e) any failure on the part of Life Time to keep, observe and perform any of the terms, covenants, agreements, provisions, conditions or limitations contained in this Agreement on Life Time's part to be kept, observed and performed; or (f) Any claim ór allegation relating to Life Time's (or Life Time's officers, employees and agents) management or operation of the Club/Pool Complex including, but not limited to, claims or allegations related to violations of Minn. Stat. Chapter 325G (as may be amended); false advertising or other deceptive practices; consumer fraud; civil rights violations; or human rights discrimination claims. 33862.18 -- -39- 22.02 In case any action or proceeding is brought against the City by reason of any such claim, Life Time upon written notice from the City shall at Life Time's sole cost and expense, includirig attorneys' fees, resist or defend such action or proceeding by an attorney approved by the City in writing, such approval not to be unreasonably withheld, but no approval of attorney shall be required in each and every instance where the claim is resisted or defended by an attorney of an insurance carrier obligated so to resist or defend such claim. 22.03 The City shall indemnify and save harmless Life Time against and from all liabilities, obligations, damages, penalties, claims, costs, orders, charges, and expenses, including reasonable attorney's fees, which may be imposed upon or incurred by or asserted against Life Time by reason of the City's negligence in conducting community events in the ClublPool Complex. This indemnity provision is subject to the immunity defenses and maximum liability provisions of Minn. Stat. Chapter 466. ARTICLE TWENTY-TIlREE Condemnation 23.01 In the event that the ClublPool Property or part thereof shall be taken in condemnation proceedings or by the exercise of any right of eminent domain, or by appropriation or through private purchase in lieu thereof, the parties to this Agreement shall attempt to value Life Time's interest in the improvements and the City's land value and reversionary interest in the ClublPool Complex. If agreement is not reached within thirty (30) days after the submission by the parties to each other of a proposed distribution, then any party may request arbitration as hereinafter provided to establish the value of their respective interests under the value premise stated above. 33862.18 fIINIt".oM:I:tJM -40- 23.02 If at any time during the term of this Agreernent title to the whole or materially all of the Club/Pool Property or the Club/Pool Complex shall be taken by the exercise of the right of condemnation or eminent domain or as otherwise provided above, this Agreement shall tenninate and expire on the date of such taking. Life Time shall, in all respects, keep, observe and perform all the terms, covenants, agrc:ements, provisions, conditions and limitations of this Agreement on Life Time's part to be kept, observed and performed up to the date of such taking. For purposes of this Article Twenty-Three materially all of the Club/PoolPropertyorthe'ClublPoolCornplex ·shall be deemed to have been taken if the portion of the Club/Pool Cornplex not so taken cannot be so repaired or reconstructed as to constitute a complete structure capable of being operated as a the Club/Pool Complex as required by the terms and conditions of this Agreement. 23.03 If at any time during the term of this Agreement title to less than the whole or materially all of the Club/Pool Property shall be taken, as aforesaid, this Agreement shall continue and Life Time shall promptly, except for unavoidable delays, at Life Time's expense, and subject to compliance with the provisions of Article Eighteen of this Agreement relative to changes and alterations, restore the Club/Pool Property and the Club/Pool Complex, to the extent as nearly as possible, to the condition and character immediately prior to such partial taking. All of the compensation collected by Life Time pursuant to Section 23.01 of this Agreement, shall be applied and paid over toward the cost of demolition, repair and restoration of such partial taking, substantially in the same manner and subject to the same conditions as those provided in Section 14.02 of this Agreement with respect to insurance and other monies. Any balance of the award or other compensation for such partial taking of the building remaining after payment of such costs of demolition, 3386Z.18 -41- repair and restoration, as aforesaid, shall be paid over to the Leasehold Mortgage holder, or if there be no Leasehold Mortgage holder, then the balance of the net award shall be paid to Life Time and the City in amounts proportionate to Life Time's and the City's respective contributions with an adjustment to Life Time's contribution to reflect a reduction in the principal of the Leasehold Mortgage. In the event that the costs of such demolition, repairs and restoration shall exceed the compensation collected, Life Time shall pay the deficiency forthwith. ARTICLE TWENTY-FOUR Default Provisions 24.01 The OCCurrence of anyone of the fOllowing events shall be considered a default by Life Time entitling the City to exercise any and all remedies set forth herein. (a) Life Time's sale, assignment, sublease or other transfer of any interest in ~ Agreement or the ClublPool Complex except for a sublease to rßdependent School District No. 284 and except as contemplated by Article Nine of this Agreement; (b) LifeTime's failure to perform any terms, covenants, agreements or conditions contained in the Leasehold. Mortgage; (c) Any material representation or warranty made by Life Time in this Agreement, or in any certificate or document furnished under the terms of, or in conjunction with, this Agreement is untrue, false or miSleading. (d) Because of action or inaction on the part of the Life Time, construction on the ClublPooI Complex is substantially abandoned, delayed or discontinued for more than thirty (30) days. 33862.18 -- -42- (e) The City deterrnines that the remaining undisbursed Leasehold Mortgage proceeds together with the Tenant Improvement Allowance of the City and Life Time's Capital Contribution, are insufficient to fully pay all of the unpaid costs of the Club/Pool Complex and estimated expenses of completion, and Life Time fails after thirty (30) days written demand to deposit with the title company disbursing the foregoing sufficient funds as may reasonably be required by the City, so as to permit the payment of aJl such costs and the completion. of the Club/Pool· Complex. (f) Life Time commits waste or allows the Club/Pool Complex to deteriorate. (g) Life Time fails to keep the Club/Pool Complex insured as required by the terms of this Agreement. (h) The institution of any proceeding against Life Time, or/any officer or director of Life Time for which the potential penalty is forfeiture of the Club/Pool Complex, any portion thereof or any other assets. (i) Lifetime applies for, or consent in writing to, the appointment of a receiver, trustee, or liquidator of Life Time or of aJl or substantially all of Life Time's assets; (j) Life Time files a voluntary petition in bankruptcy, or admits in writing of its inability to pay its debts as they become due; (k) Life Time makes a general assignment for the benefit of creditors; (1) Life Time files a petition or an answer seeking reorganization or arrangement with creditors or to take advantage of any insolvency law; 33862.18 -- -43- (m) If an order, judgment or decree shall be entered by any court of competent jurisdiction on the application of a creditor adjudicating Life Time a bankrupt or insolvent; or (n) Life Time fails to comply with any material term and condition of the Agreement. 24.02 No failure by the City'to insist upon the strict performance of any term, covenant, agreement, provisions, condition or limitation of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of such term, covenant, agreement, provision, condition or limitation. No term, covenant, agreement, provision, condition or limitation of this Agreement to be kept, observed or performed by Life Time, and no breach thereof, shall be waived, altered or modified except by a written instrument executed by the City. No waiver of any breach shall affect or alter this Agreement, but each and every term, covenant, agreement, provision, condition and limitation of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 24.03 Upon the OCCurrence of any Event of Default this Agreement shall be terminated, if the City gives Life Time notice of its intention to terminate this Agreement, and the City shall be entitled to possession of the ClublPool Property, and all improvements, fixtures, furnishings and equipment. At its sole discretion, the City may exercise any and all other remedies at law or equity allowed in lieu of or in addition to its contractual right to terminate the Agreement. 24.04 Notwithstanding any other provision contained herein, no occurrence of any event specified in Section 24.01 or any other breach or default under this Agreement shall 33862.18 -- -44- constitute an event of Default permitting City to exercise any remedies under this Agreement unless the subject of said occurrence, breach, or default shall constitute a material term or provision of this Agreement and the City sha!l have given Life Time at least thirty (30) days notice of such·occurrence, breach, or default and Life Time shall have failed to cure or otherwise correct such occurrence, breach, or default within said time, provided that if the occurrence, breach, or default is of a nature or kind as to require more than thirty (30) days to cure or correct, City shall not exercise any remedies hereunder provided that Life Tirne has commenced said cllreor correction-andiS'pursuing'such cureiwith reasonable diligence. No breach of any obligation of Life Time under Article 2 hereof shall be deemed incurable .> or not cured as long as Life Time has taken reasonable steps or precautions to assure that said breach shall riot occur in the future. In the event of a good faith dispute by the parties . regarding the existence of such an occurrence, breach, or default, such dispute shall be subject to arbitration under Article Twenty-five hereof and during the pendency of such arbitration any notice of an Event of Default given by City to Life Time hereunder shall be deemed tolled until the expiration of ten (10) days after the final decision of the arbitrator; provided, however, that if an action to foreclose the Leasehold Mortgage on the Club/Pool Complex is cornmenced, upon the City's giving of the thirty (30) day notice specified in the first sentence of this paragraph, and provided that such action is not enjoined, dismissed, or cured within an additional thirty (30) day period after expiration of the first notice, such foreclosure action shall constitute an Event of Default hereunder not subject to tolling by reason of any demand for arbitration and the City may pursue its judicial remedies without resort to arbitration. 33862.18 ....C;OO4I03IN -45- 24.05 No default or breach by Life Time under the Leasehold Mortgage shall constitute an Event of Default hereunder unless the Leasehold Mortgagee shall have affirmatively commenced the undertaking of a remedy (other than the mere sending of a notice of default) under the Leasehold Mortgage or related security documents. ARTICLE TWENTY-FIVE Arbitration 25.01 Except as provided in Section 25.02, any dispute arising out of this Agreement sha11 be submitted to binding arbitration through the American Arbitration Association. Arbitration shall be conducted in accordance with the Rules of Commercial Arbitration. In the event either or both parties to this lease apply to the arbitrator, all parties shall be bound by, comply with, and perform and fulfill the final award or finding, without recourse to any other court of tribunal except as is necessary to enforce the final award in accordance with the Minnesota Laws on arbitration. 25.02 This arbitration clause shall not apply if the City declares that an event of default has OCCurred and seeks to terminate this Agreement and recover the Club/Pool Property. In such an event, the City shall have the right to initiate action in the appropriate court without any duty to arbitrate. ARTICLE TWENTY-SIX Notices 26.01 All notices. required under the terms of this Agreement shall be deemed to have been Properly served or given three (3) days after their deposit in the United States mail if sent by registered or certified mail, return receipt requested, postage prepaid or two (2) 33862.18 -- -46- days after deposit in a nationally recognized overnight courier service, addressed to Life t:- t' ~- ¡ i'- [, , Time or the City at'the address set forth below; Suite 275 6442 City West Parkway Eden Prairie, MN 55344 I v !, ~ I to Life Time: to the City: 3400 Plymouth Boulevard Plymouth, MN 55447 or to such other address within the continental limits of the United States and to the attention ._,,.;.;- of such party as the parties may from time to time designate by written notice to the other. ARTICLE TWENTY-SEVEN Miscellaneous 27.01 No third party is entitled in any way to rely upon any provision in this Agreement. This Agreement is intended solely for the benefit of Life Time and the City and no third party shall have any rights or interest in any provision of this Agreement, or as a result of any action or inaction of the City in connection therewith. 27.02 The exhibits attached to this Agreement are considered an integral part of it as if fully set forth within it. 27.03 All prior understandings, letters of intent, discussions and agreements are merged in the governing terms of this Agreement, which is a complete and final written expressions of the intent of the parties. This Agreement may be amended only pursuant to the terms of an exhibit, if attached and executed for that purpose, or by a separately signed writing between the parties. This Agreement may not be amended or modified orally. 33862.18 _:fOIIIDIN -47- 27.04 Section headings are for the convenience of reference only, and shall not govern the interpretation of any provisions. 27.05 Time is of the essence of this Agreement. 27.06 The invalidity, illegality or unenforceability of any provision of this Agreement or any other document executed in connection with this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement. 27.07 The parties agree that nothing contained in this Agreement is intended or shall be construed to establish the parties as joint venturers or partners. 27.08 This Agreement has been freely negotiated. This Agreement shall not be construed against the drafter. This Agreement shall be liberally construed to protect the public interest. 27.09 If the City is prevented from carrying out any of its obligations under this Agreement because of a court order or judgment, Life Time shall have no recourse against the City for damages or any other relief. Notwithstanding any other provision contained herein, (i) in the event that the City is prevented from carrying out any of its obligations under this Agreement because of a court order or judgment, or (ü) in the event that a third party seeks to enjoin or prevent the City from carrying out any of its obligations under this Agreement, Life Time shall have no obligation to defend, indemnify, or hold hannless the City, except for Life Time's negligence or wrongful conduct. 27.10 The City agrees to build an indoor ice arena or the ice arena complex if it receives bids satisfactory to the City. 27.11 The subject matter of any provision in this Agreement that requires Life Time and the City to cooperate or to agree in the future to do something is subject to arbitration if 33862.18 -- -48- H . ~ .. the parties do not agree, except for the contingencies in Article 28, including the contingency relating to a Construction Management Agreement. This Agreement shall be null and void in all respects if the Construction Management Agreement contingency or any other contingency is not fulfilled or waived as required by Section 28.02. ARTICLE. TWENTY-EIGHT Contingencies 28.01 The City's and Life Time's obligations under this Agreement are subject to and contingent upon the following conditions: (a) The City's approval of any necessary amendments to its comprehensive plan and zoning ordinance, zoning and subdivision approval, variance and conditional use permit approvaJ, and aJl other necessary City approval including variance and conditional use permits by not later than July 1, 1996. (b) The City and Life Time obtaining any other necessary permits from other public regulatory entities necessary to carry out the terms of this Agreement by not later than July I, 1996. (c) Life Time and Independent School District No. 284 ("School District") entering into a sublease covering the Club/Pool Complex on terms acceptable to Life Time and the City by no later than July 1, 1996. (d) City and School District entering into a non-disturbance agreement on terms acceptable to Life Time and the City by no later than July 1, 1996. (e) The City entering into a Construction Management Agreement with Life Time or a third party, satisfactory to the City in aJl respects at its sole discretion, 33862.18 1NIt:104JQ:)'" -49- before commencement of construction or the award of any bids for work to be performed on the Recreation Center Property. 28.02 The contingencies set forth herein may be waived by agreement of the parties. If the contingencies are not waived or fulfilled, this Agreement shall be null and void. IN TESTIMONY WHEREOF, as of the day and year first hereinabove written the parties have executed this Agreement. CITY OF PLYMOUm (SEAL) BY: ~h~~ -#~¢'r ./ eel n Tierney, May AND ~(O~J____ Dwight hnson, ity Manager FCA LTD., doing business as LIFE TIME FITNFSS Ô ./ BY; ðL-/~ Its AND /'/é 51 J.rv" f . Its STATE OF MINNESOTA) ( ss. COUNTY OF HÈNNEPIN ) The oregoing instrument was acknowledged before me this 9"¡/-¡ day of . , 1996, by Joyce1yn Tierney and by Dwight Johnson, respectively the Ma r and City Manager of the City of Plymouth, a Minnesota municipal corporation, on behalf of the COrporation and pursuant to the authority granted by its City Council. . 1CIMH.lØfMANm IIIWI'fI'lBr 1II11BMa. . IIBIIPIII COIIII't lite .. ___It._ -r 33862.18 -- -50- I STATE OF MINNESOTA ) ( 88. COUNTY OF I-tftJl.I6.flP) The foregoing instrument was acknowledged before me this I I"Ì:::' day of ~r:' ,1996, by ß",,-, r....- ~).. ro.....~ _ ,.the Rrc..¡~~ . aM. .. of FCA Ltd., a Minnesota corporation, doing business as Life Time Fitness, on behalf of said corporation. 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 RNK 33862.18 ....IC;~ -51- EXHmIT "A" LEGAL D~I\CRIPTIONS The property that is the subject of this Agreement is being platted as PLYMOUTH CENTER 3RD ADDmON. . A copy of the unapproved preliminary plat is' attached to this exhibit. Fina1legal descriptions will be inserted at the time the property is final platted. Based upon the unapproved preliminary plat, the legal descriptions are: Ice Arena Complex: Block I, Lot 2, PLYMOUTH CENTER 3RD ADDmON. City Owned Undeveloped Parcel: Block 1, Lot 4, PLYMOUTH CENTER 3RD ADDITION. ClublPool Complex: Block 1, Lot 3, PLYMOUTH CENTER 3RD ADDmON. Parking Lot Property: Block 1, Lot 1, PLYMOUTH CENTER 3RD ADDmON. When the property has been final platted, this exhibit shall be replaced with fina11egal descriptions. 33862.18 -- -52- .. " :J:W: ~ " " ~i .. ., e< 'í ~. .. '. .... .. . .- - , " , "~,. / / , , .- " ,,~ . 8). ~: h\'· ~"' I ;: ~ J . I I~~..·t I 1 . I 0 :s 1_ '" 0 ~ _Iii : ~~ ~~ ¡ il F.! :1 I: £, - I II ': ¡; -1. l~_ .---- ... E"C~P~~: 1 . '" " ., /'1'............ ~ ., I I ," , : ~, ,..__ ., ç'S' ,........, ".. :' I.ot 1/.-. ~'- "."': - \ '-,. . \ )f ". -'.~.' ' . , ....... /#+ ,....-=\.........-.......,/ ..~ , ....,; .....- .' '\ ,.......~ ~ r . .... '0" i :" ..'" ... ' .., . ___,.' I .' ,'\ .t. .-.... I ..-..' .. , " ,1-.'-"'-' .,'" ,...-.....-- " " '-'. .' .. ; .ft~" ",:,:. · ¢' tlf"" . - . . , .. ~.. .. ,~ , . " " 1m Z ..... .-. t y ~ ... . . - I . " ,"~ ,~ · '. · .' <. ~.. , ," . ~¢' ~ LIlT -. . ~ ...................- ................- . -- ~ - t.,~t,'a' --'-- - _------\~\ t'.'''':- r" ,;¡.."" ,".. \ .. ~ .~. ~.'" ..,,1'....' r-..,.",r ......---- - ....__ _;:.u. .......II£:-!'!'.!I!.I!I!!I!!!'!'.'" ...................... I 'LY..UTK I ."....N; I I . Ii I I ,~ ,,--,- ..* ..._,- ....."_1 ~ '...."'«;;-1- "'1."_: ":'.".) i I - ~ - ....... -- ~...-, :: ~ -""'...-...... · EXHIBIT "B" NON-EXCLUSIVE PARKING AND ACCESS EASEMF.NT The easement shall be furnished by the City staff subject to the reasonable approval of Life Time and inserted in this document. 33862.18 -- -53- EXHIBIT "C" RECIPROCAL EASEMENT FOR PEDESTRIAN PASSAGE The easement shall be furnished by City staff subject to the ~nable approval of Life Time and inserted in this document. 33862.18 -- -54- I . . . EXHIBIT "D" COMMON WALL COVENANT The covenant shall be furnished by the City subject to the reasonable approval of Life Time and inserted in this document. 33862.18 -.......-... -55- SPECIAL WORK SESSION CHANHASSEN CITY COUNCIL PARK & RECREATION COMMISSION MONDAY, MARCH 4, 2002 5:00 P.M. - 9:30 P.M. COMMUNITY CENTER TOURS AND DISCUSSION 5:00 p.m. Meet at City Hall, Lower East Parking Lot Board Bus 5:30 - 6:00 p.m. Tour Safari Island, City of Waconia "A PubJic/PubJic Partnership" Hosts: Sue Arntz, City Administrator Kristi Organ, Director of Parks and Recreation 6:45 - 7:30 p.m. Tour Ridgedale YMCA Hosts: Anita Lancello, Branch Director Marvin Puspoki, Youth Program Director 7:45 - 8:45 p.m. Tour Plymouth Ice Center Lifetime Fitness and Creek Center Host: Eric Blank, Park and Recreation Director 9:15 - 9:30 p.m. Return to Chanhassen . Our hosts have graciously agreed to take an evening out of their schedule to accommodate our tour; please make every effort to attend, 1,.. Ï.. ~ t . Please arrive at City Hall promptly at 5:00 p.m. . Dinner, treats, and refreshments will be available on the bus. . An information packet detailing Chanhassen's past community center efforts, identifying current prospective partners and displaying financial data from a variety of community centers will be delivered prior to our tours. , If· , - - -- ~ ; WU!l".[]t:1.'n \II ~I !~ ~ ~ c ......n.___ CHARLES W MAnS City of Chanhassen _ Potential Com . mUnlty Center Sites / / / / ! ! / ) .-/ Ã " i . e;\projects\commcenter a . pr CITY OF CHANHASSEN HISTORY OF PAST PARK AND RECREATION REFERENDUMS June 14, 1997 Failed Passed X Park, Open Space and Trail Yes 1,142 No 707 Margin 435 Should the City of Chanhassen be authorized to issue and sell its General Obligation Bonds in an amount not to exceed $4,900,000 to finance the acquisition and betterment of park, trail, and open space recreational facilities? November 6, 1990 Community Center Adjacent Main Fire Station Failed Passed X Yes 1609 November 8, 1988 Trails Failed Passed X February 24, 1988 Failed Passed X Yes 2586 No 3745 No 2594 Margin 2136 Margin 8 Shall the City of Chanhassen borrow money by selling its General Obligation Bonds in an amount not to exceed $4.100,000 to pay for the acquisition, construction, betterment and equipping of a community center facility in the City? Shall the City of Chanhassen issue and sell its General Obligation Bonds in an amount not to exceed $800,000 for the construction of a multipurpose trail system in the City? Community Center on Chanhassen Bowl Property, Lake Ann Park Expansion, Trails and Acquisition of Parkland Yes 773 No 934 Margin 161 Shall the City of Chanhassen issue and sell its General Obligation Bonds in an amount not to exceed $2,600,000 for the construction and equipping of a multipurpose community center? Failed Passed Yes No Margin X 934 771 163 Shall the City of Chanhassen issue and sell its General Obligation Bonds in an amount not to exceed $300,000 for the improvement of Lake Ann Park X 852 854 2 Shall the City of Chanhassen issue and sell its General Obligation Bonds in an amount not to exceed $800,000 for the construction of a multipurpose trail system in the City? X 854 850 4 Shall the City of Chanhassen issue and sell its General Obligation Bonds in an amount not to exceed $300,000 for the acquisition of parklands in the City? Novcmber 4, 1969 Acquisition of Parkland Failed Passed Yes No Margin X 452 350 102 Shall the Village of Chanhassen borrow money by issuing its General Obligation Bonds in the amount of $250,000 to provide funds for the acquisition and betterment of parks? G :\park\th\hi storyof past park&rccref crcndums June 19,2000 Dear Chanhassen Park and Recreation Commission Members, My name is Brian Hubbard and I am the Director of Development for the YMCA of Metropolitan Minneapolis, assigned to the Carver County area. I have been meeting with community leaders throughout the area to determine what, if any, part the YMCA can be in this community. My initial meetings have been very encouraging and it seems to me that the YMCA could fill an important niche here. I look forward to meeting with you on June 27th to talk about the possibilities. The YMCA is committed to moving forward in this endeavor of creating an increased YMCA presence only if the community and it's leaders are interested in this. I think there are possibilities for a partnership between the YMCA and the City of Chanhassen in terms of collaborative programming, identifyirig service gaps that the YMCA may be able to fill, or looking at joint program facilities. I am excited about where our discussions might take us and am looking forward to working with you to continue to serve the needs of people. This year the YMCA is celebrating 150 years of working with and in communities to change lives and make a difference in people. The YMCA has a rich history of being a community leader and is one of the foundations of success across the country. Prom youth sports, camping and swimming lessons to health enhancement and programming for seniors, the YMCA is an excellent resource in the over 2,500 communities nationwide it is a part of. The YMCA is dedicated to building strong kids, strong families and strong communities while promoting the core values of caring, honesty, respect and responsibility in all programs. Again, I look forward to a productive and visionary discussion next week. Enclosed with this letter is some generic information about the YMCA to give you a better understanding of the depth of the organization. If you have any questions or concerns prior to that, please feel rree to contact me at 952-582-8245. Thank you for your time and interest. Respectfully, ..- ~ ,1ff~~7 :ti¿~ Brian V. Hubbard Director of Development YMCA ofMetropoJitan Minneapolis Enclosures CITY OF CHANHASSEN 690 City Ctnler Drive PO Box 147 Ch'lIh'lim, Mil1lwoI, 55317 Pholl' 952.937.1900 Gel/era/Fax 952.937.5739 El1giucerillg Depnrtmmt Fax 952.937.9152 Building Depnrtll1f1lt Fax 952.9342524 I\'éb Site Ii'ii'I".ri,r!1,1IihLi.iCIl.IiIII.1IS MEMORANDUM Scott Botcher, City Manager A J ( Todd Hoffman, Park and Recreatie>n Director ~ FebrualY 6,2001 TO: FROM: DATE: SUBJ: Park and Recreation Commissiol' Recommendation to Pursue Locating a YMCA in Chanhassen Attached please find a staff report written to the Park and Recreation Commission dated January 2,2001 regarding the YMCA. The minutes of the commission's discussion on this item dated January 23, 2001 are also attached. On the evening of January 23, Commissioner Berg made the following motion: ThaI the Park & Recreation Commission recommends to the City Council that they pursue locating a YMCA in the City of Chanhassen and recommends that questions be placed on the upcoming community survey to test the community's interest in a YMCA. Commissioner Howe seconded the motion and all voted Íll favor. Please forward the Commission's recommendation to the City Council. G :\park\th\prcYlTIcarecomm q,b ~ . ~1 I ¡ r ~ ~. ~.. I, - CITY OF CHANHASSEN 690 Cit¡ Crot" Dri", PO Dux 147 C/¡"n/¡l1JJr1l. Mbmtsotil55317 PhOllt 952.937.1900 GfllmdFIIX 952.937.5739 Ellgillming Drpnrtl1lt1Jt Ellx 952.937.9152 B1Ji!dil1g Deportment Far 952.934.2524 \I}bS¡tt lI'll'lui,rh111bil.i.¡fII./III/,IIS MEMORANDUM TO: 111 Park and Recreation Commission FROM: Todd Hoffman, Park and Recreation Director DATE: January 2,2001 SUBJ: Discuss the Possibilities of Locating a YMCA Center in Chanhassen At the request of the Commission, this item has been scheduled as part of your January 23rd meeting. Mr. Brian Hubbard, the Director of Development for the YMCA of Metropolitan Minneapolis, assigned to the Carver County area, has supplied the attached materials. Kate Aanenson, Community DeveJopment Director and I prepared a map showing "possible" YMCA sites. We identified 8 of the "most likely" development sites in the event that a YMCA project would occur. c: Scott Botcher, City Manager Todd Gerhard, Asst. City Manager Kate Aanenson, Community Development Director Mr. Brian Hubbard G :park\th\ YMCA locatingmem .r January 2, 2001 Dear Chanhassen Parks & Recreation Commission, Thank you for your interest in continuing to investigate opportunities for partnership with the YMCA of Metropolitan Minneapolis. I am excited with the response I have gotten during my community meetings throughout Carver County and especially with leaders in Chanhassen. I have held over 50 such meetings and have a strong feeling about how a YMCA would benefit this community. Todd Hoffman has requested three pieces of infoffi1ation in preparation for your work session in a couple of weeks. Here is that infoffi1ation: 1) What acreage is needed to build a YMCA? Most YMCA's are situated on 8 -12 acres of I and. Some of the determiningfactors include the estimation for the amount ofparJ..:ing needed based on facility usage and what outdoor space is needed for programming (i.e. soccerlbaseball fields, tennis courts, amphitheàter, etc.). The specific amount would be based on these things as well as land availability during the planning stages of a facility. However, a minimum of eight acres would be required. 2) How long is the plalming and construction timeline? The answer to this question is circumstantial. Assuming the YA1CA of A1etropolitan Minneapolis finds a key partner(s) to collaborate with on this project, the following would be a possible timeline: *Feasibility Study Stage (2 - 4 months) A facility feasibility study would be conducted. This study would evaluate the program and facility needs and desires of the community. *Flmdraising & Financing Stage (6 months - 2 years) If a key partner is located, a financing planll'ould be developed that would include partner costs, a capital campaign drive and possible debt financing. The time range is dependent on the amount offinancing available and otherfwldraising options, *Facility De\'elopment & Planning Stage (I yeal~ (Will happen in conjll/lction with the FWldraising & Financing stage) Based on the feasibility study and the interest of the key partner(s), the facility design will be developed and necessGlY approvals will be obtained. 2 *Collstructioll Stage (6 - 12 mOllths) This is all average rallge for most YMCAs that are built. As with allY cOllstructioll project, mallY factors affect the timelille for a large-scale facility. 3) What are the top benefits of a YMCA to the local community? It is difficult for me to lIarrow dowlI the list of what I would tell you most commullities idelltify as bellefits that COllIe as a result of a YMCA. However, some of the most lIoteworthy thillgs I thillk you would hear from commullities illclude: *UNIQUE - EvelY YMCA is ullique to it's commliJlity alld provides programs, services alld facilities that are lIeeded ill that area; *MISS10N-DRlVEN - As a lIotjor-profit orgallizatioll, the YMCA is committed to beillg a solid part of a healthy commzl11ity through programs that del'elop spirit, milld alld body for all. The four core values ofCarÙlg, HOllesty, Respect, alld Respollsibility are at the heart of all programs ill plallllillg alld implemematioll; *COMMUNITY FOCUSED - PrOl'ides a positive, wholesome commullity gatherillg place for people of all ages; '. *LOCAL LEADERSHIP - A local Board of DirectoJ's gives leadei-ship to each YAfCA helpillg to determille lieII' illitiatil'es, programs alld services; *RESPONSIVE - Provides programs alld opportullities from velY youllg to I'el)' old which challge as the lIeeds of the COll/ll1ll11ity challges; *NATIONAL - YMCA are located ill ol'er 2,500 COUll tries across the lIatioll alld have del'eloped all outstalldillg replltatioll. Also, the YMCA s A WAY program allows I/Iembers to use allY YMCA ill the COUlltl)' while tral'elillg 011 busilless or pleasure; *STRONG HISTORY - The YMCA is celebratillg 150 years ofworkillg with alld ill cOl/lmzl11ities tochallge lives alldmake a differellce ill people; r hope this infonnation helps you during your work session. Again, I'm encouraged that ChanJ1assen might join over 2,500 communities that have a YMCA in their area focused on building strong kids, strong families and strong communities. Please feel ftee to contact me ifI can give you any further information and I would be more than happy to talk with you more specifically in the weeks to come. r can be reached by phone at 952- 582-8245. Res.pectfUllY, , .ø ~ ./ ~ '. /~ 7' te:/ßo/--Ø'~ Brian V. Hubbard Director ofConmJUnity Development YMCA of Metropolitan MiImeapolis &, è· ~ ~, CHANHASSEN PARK AND RECREATION COMMISSION REGULAR MEETING JANUARY 23, 2001 ¿ ¡" k r , . Chairwoman Lash called the meeting to order at 7:30 p.rn. MEMBERS PRESENT: Jan Lash, Fred Berg, Mike Howe, Rod Franks, Jim Manders, Jar Karlovich, and David Moes MEMBERS ABSENT: None. STAFF PRESENT: Todd Hoffman, Park and Rec Director; Jerry Ruegemer, Recreation Superintendent; and Corey Hoen, Recreation Supervisor APPROVAL OF AGENDA: Approved as presented. VISITOR PRESENTATIONS: None. DISCUSS THE POSSIBILITIES OF LOCA TING A YMCA CENTER IN CHANHASSEN. Hoffman: Thank you Chair Lash, members of the commission, I'll go over briefly the documents that were distributed in this packet. At the request of the commission this was originally scheduled for January 9th, That evening ran late. Tabled it until this evening, Brian Hubbard has responded to the three questions posed to him What acreage is needed to build a YMCA? His answer or response, most are situated on 8 to 12 acres of land. The second question is the planning and construction time line? And he goes through that and what the total there is about 2 years. Little more than that. Almost 3 years. Then what are the top benefits the YMCA to the local community and then he gives a broader answer. Talking about the uniqueness of the Y. The mission driven organization, community focus, leadership, etc. If you were to ask Kevin McShane the day of the Chamber meeting it was because you can have a piece of ice sheet in it. That's a paying benefit to a YMCA. They have a pool and the other people that chimed in and says yeah, we pay the same kind of taxes as any other town and we want those facilities so that's what we get out of the Chamber meeting. The final item was the map that Kate Aanenson and I put together. Chanhassen, oh probably 5 or 10 years ago was known as a land rich community. It is no longer a land rich community. There are limited sites. These sites are located all on the south side of Highway 5 and basically along the corridor between Audubon Road and Highway 41, And as noted, most of these sites would, or all of them work out, would work out as far as a location, Some of them are already under development pressure, The intersection of 41 and 5, the south and west side is being looked at by Fairview for a medical center. There are other uses being contemplated on other parcels as well so. That's the background information that the commission was presented and that's really all staff has to present to the commission prior to opening it for your discussion, Lash: Okay, thanks Todd. Is there anyone want to throw out some questions first to Todd? Maybe just kind of open this up, I think this". Franks: If there an order in which you want to kind of deal with the general areas of questions like land or facility or where we want to go? Hoffman: Jan can decide that. Park and Rec Commission Meeting - January 23, 2001 Pranks: Jan? Lash: What? Pranks: Do we want to break this discussion down? Lash: Any way you want Rod. What works for you? Franks: Well I'm a linear thinker and so. Lash: Okay, go ahead, Franks: Grasping like a discussion maybe of what type of facility would look, or and then more of a discussion of what possible areas would work and then move into a discussion about the type of facility. Lash: Okay. Hoffman: Process, Franks: Process. I'd like to open then with the basic kind of report. If we could entertain a discussion amongst the commission about possible sites for the YMCA. Lash: Do you want to start us off? I think you have some thoughts. Franks: I do have a couple of thoughts, Are you going to put the map up on the? There's 2 parcels that I was interested in. A couple of parameters that I set when I was looking at these places was to stay as close to downtown or population area so it's integrated into the more downtown area. And then to stay close to the Highway 5 corridor as well so it's accessible to both north Chan and south Chan as well. Deals them equal sense of ownership. Also Highway 5 is a conduit going east and west as well to draw in members of the other communities, Victoria and Eden Prairie. The piece that really struck me first was the kind of triangular shaped piece off Powers Boulevard to the west of Lake Susan. And Todd as 1 understand it, that little kind of trapezoid kind of piece right to the south and west of that, is that parkJand already? Hoffman: Yes. Franks: And does that follow that. Hoffman: Creek. Franks: The creek. And so who currently owns that? Hoffman: ,. .the originator of the NordicTrak. Lash: Where are you? I'm lost. Hoffman: Right there. Park and Rec Conunission Meeting - January 23, 2001 Howe: That's the railroad tracks just north of it there? Franks: Yeah. Karlovich: Where is the park land? Hoffman: Park land is right here, Franks: And then it goes across of course Powers into the Lake Susan Park. And what I liked about that was it's on Powers Boulevard, which is a nice, big 4 lane divided and then connected to Lake Susan Park makes it kind of nice. And it's still pretty really convenes to that whole downtown area. How much land is that parcel? Is that a little bit more than 8 or pretty close? Hoffman: It's larger than 8. I don't have the exact size. It's probably closer to 12. Franks: Now is that, I hate to even ask this question, I could look in the map but is this parcel included in any of that Bluff Creek area? Or is that tributary into Lake Susan or that creek, is that? Hoffman: No. Different watershed, Franks: Different watershed, okay. So we're safe. Hoffman: .. ,on this property. Woods as well. The building itself would be somewhat tucked away up on top of the hill, which is, not much people need to see,.. They're going to know where it's at. Franks: Is it a usable site for that considering the parking and everything that need to occur? Looking at the topography. Hoffman: Sure. That's why we picked it. Franks: The other one of course is over by that business park. Hoffman: Which one? Franks: Up on top of. Hoffman: 5 and 41? Franks: Right by your finger. South of there. Right up on top of the hill there. Isn't that where that oak knoll is? Hoffman: Yep. Lash: But that's not part of the Smith Memorial Park now? Hoffman: No, it's an industrial lot that's part of the Arboretum Village, Park and Rec Commission Meeting - January 23,2001 Franks: Right, and so I thought that'd be another nice spot close to 41 and 5, and then right next to Memorial Park too so it'd be a really nice setting. Those are just some of my thoughts about possible sites. I'd like to hear other people's thoughts too. Karlovich: I have a question for Todd. If money wasn't an issue, what do you think would be the best site? Hoffman: Different variables. Both of those sites are very nicely situated in natural resource settings which are a benefit to oh, kind of the how you feel once you're there. Out of those two I like the one to the east simply because it's centered a bit more in the area of Chanhassen, And then the sites that are up around. Karlovich: Do they need Highway 5 visibility is kind of? Hoffman: Yeah. These sites, 1,2,3,4 that would have some Highway 5 visibility. And then these two, the two that are situated around the wetland complex are also a pretty nice size as far as being ab]e to put a YMCA and who lmows what's going to be there but you're going to have some outdoor activity where people are going to be able to either look out at large expanses of windows or be outside and look over a natural resource area rather than looking over Highway 5 or the street. So these four sites offer some of that. These four sites offer more visibility and also the, presumably more expensive due to the Highway 5 frontage. Karlovich: Do you have any idea like in price per square foot, what the difference is? Do we know? That prime property right on Highway 5, I mean is that like twice as much or do we have any clue? Hoffman: 1 wouldn't lmow at this time, I didn't look at that. 1 didn't make a.. ,point of pricing out property. $2.00 to $4.00 per square foot at least. And a little bit higher than that up on Highway 5. Franks: Do you lmow what the underlying guiding or zoning is for these properties just off the end already? Would they need a zoning of institutional? Hoffman: All of them would accommodate a Y. Frank: All of them would accommodate? Hoffman: That's why they were selected. That's why I included Kate in that process. Manders: My opinion is that that first site that Rod mentioned was my top vote getter for location and tying in with the current park structure and you lmow visibility to downtown. Lash: That was my thought too, That was my first choice. Accessibility. We've got a trail system there on Powers. I trunk it'd be a nice setting too with the woods. It would give it a nice feel or essence. Moes: Well speaking for northeast Chanhassen, it would certainly be in a prime location as far as access is concerned versus getting too much farther down the Highway 5 corridor. Trus is a, they're looking at the available lots, the closest ones to northeast Chanhassen. I lmow there is strong interest in a YMCA up in that area. People that I've talked to, Park and Rec Commission Meeting - January 23, 2001 Lash: I guess I went more with accessibility when I did my choices and because of that I wasn't really even thinking price and I wasn't thinking vista so I was looking the ones more along Highway 5, with the one closest to Lake Ann as my second choice but given from Todd's input about the wetlands and the ones down, is that Galpin? No, Audubon? Hoffman: Audubon. Lash: Audubon. You know those would have some pluses too, I just think they'd be more difficult to get to then the one on Powers. Hoffman: Well and you always have views of Lake Susan. Pranks: Right, from up on top of the hill. Howe: And you're near fields too. I mean ball fields, soccer fields, archery, All that stuff is there with that one. Hoffman: Yeah, I think this exercise is more about just showing that there are possible sites and less about which site at this time. Lash: So what would be our options as far as trying to somehow acquire a piece? Hoffman: Again I think that's discussion is probably premature of where we're at with this process, Lash: But if we want to go forward. I mean if we want to go forward, but in the end I want to spend weeks and weeks talking about doing this only to find out that there's no possible funding source. To try to get property. Howe: Well there's not until we raise money, right? Isn't that one of the catches? There had to be fund raising. Wasn't that what we talked about? We have to have an organized effort. Lash: We would? Howe: Well not we but the y, Lash: Yeah but they want us to pony up the property so. Pranks: That's what they would like. Lash: Well yeah, Hoffman: I would not know what the mechanisms for the joint powers would be. Again that's all negotiable as Brian has always stated. If the commission would like to make a recommendation to the City Council and investigate this, I think what needs to be kept in mind is the timing. The City Council is very interested in a community survey and they're not going to do anything until that community survey is completed and so if you're interested in pursuing this, I would recommend that you talk about some, sort out some of the issues. Send a recommendation up to the City Council to include the YMCA in their community survey. I believe they've got a timeline set for the first quarter or first half of 2001 to get that Park and Rec Commission Meeting - January 23, 2001 done. I don't think this freslunan council is going to move forward on pursuing acquisition of a Y site without some feedback from the community. Berg: I think that would only help us. Lash: Yeah, and that would be a perfect opportunity for us. Berg: Great opportunity. Lash: So good timing. Franks: Well and good to know that if it's not something that the community is really interested in that we waste a lot of time on it Howe: Right, that's also true, Berg: But you know they will be, That's the beauty of it. They will be really in favor of it Karlovich: Well I tlùnk the question would have to be worded to make sure that they understand that a Y can offer. All the different facilities that would be there possibly: Franks; What types of facilities would, I mean as a commission who's represented kind of the interest of people as far as recreation and parks, what kinds of facilities would we be inlerested in? Berg: PooL I think we start with a pool Howe: Water park. PooVwater park. Lash: Fitness. Franks: Indoor? Indoor water park? Kar]ovich: Well the one that I have in nùnd is just the Lifetime in Plymouth that has, I don't think it has an indoor water park but. Franks; It does. It has the indoor zero entry pool with a water slide, And then some other. Lash: It had a lap pool because that didn't.. Franks; Yeah, that was separate. And then it had a dive pooL That was separate. In their aquatic center I think there were 3 separate pools. Karlovich: And then there were ice sheets next to it, weren't there? Franks: Two ice sheets. Lash: And then there was outdoor aquatics. Park and Rec Commission Meeting - January 23, 2001 Pranks: And then there was an outdoor pool and water park as well. Zero entry pool. Berg: The ice might be something that this district would be interested in looking at with us too. Pranks: And what was nice, what I liked about that Lifetime Fitness in Plymouth is. it overlooks that whole wetland area and so when you're out there in that outdoor pool, I mean you have this really nice view all around. Lash: How about a pool? Would the district be interested in a pool? They don't have a pool at the high school. Berg: They don't generally have them at high schools, There's not going to be one at the 9th grade building either. I don't know that they would like, I can't speak for tbem but I don't know tbat tbey would be, I tbink they're, Lash: You tbink tbe middle scbool is adequate? Berg: I tbink the middle school is adequate for wbat tbey need now, Pools generally are like tbat. Manders: Is it so important tbat we discuss necessarily the amenities of tbis in terms of wbat sbould be on tbat survey? But to consider bow mucb people are willing towards tbis sucb as X number of dollars per $100,000 of property taxes or sometbing like that? Karlovicb: My question was just kind of tbe worry about, would you like to bave a YMCA in tbe city and then bave not a real good response because people really didn't understand. Franks: Wbat it would be, Karlovicb: What it would be so tbat was kind of tbe fear I bad witb just a survey question. Manders: Yeah I agree, Lash: And possible amenities would include, Could include and we could maybe list, cbeck ones tbat they'd be tbe most interested in or prioritize or something, Berg: I think we can scale down the size a little bit because I don't think we need a lot of meeting rooms. Tbe new library's going to take care of that. So tbat would help in terms of keeping the square footage down a little bit. Because I know they provide a lot of tbose things too, which we might not need, Hoffman: If Ron were here he would say performing arts, Franks: Well that's a very nice tbeater tbat the Chaska Community Center has, Very nice. Berg: Very small. Lasb: Well tbat's certainly sometbing tbat could go on the list you know. And if tbere appears to be, if it's one of the, you know I don't know how many numbers down we want to go to find out top priorities for people. I suppose people wbo have done surveys would know better. I'd say 5. Then you take. Park and Rec COmmission Meeting - January 23, 2001 Manders: We've done surveys in the past. Has there been anything in terms of a community center type question on past surveys? Hoffman: The last survey had that question on it. Manders: Do you recall what was involved? Was it a single question, yes or no or did it expand on? Hoffman: I'll run upstairs and grab it. Lash: You know the other trung, information that I suppose could be provided is, would you be interested in a Y? Trus would be the kind of amenities that could be included and you know would you yourself be interested in being a member knowing that, what are the dues? $45.00 or sometrung a month. Yes or no? I mean some people might be interested in having a Y there just to be able to go occasionally and swim or just sign up for swim lessons but would have no interest whatsoever being a member. And that'd be helpful for us to know. Probably for the Y to know also. And also would they trunk it would be in their best interest as a citizen for it to be a joint effort between the city and the Y. Knowing that there could be some advantages to being a resident. Franks; I tlllnk if we had, I like that if there's some way that the council and us as well could get a sense that the citizens would really like the city to partnership with a group like the YMCA, that would really go a long way in creating a working relationship, Because then they'd feel like they really have some mandate to really move forward in that direction. Howe: One of the differences in a Y and a Lifetime is some of the programs that come out of a Y. I don't know how, it's going to be hard to survey I trunk, Maybe we need to just gauge if there's interest before you go into, what would you really what your Y to have and do you realize that there's programs here like daycare and classes and swim lessons and a lot of things that in a survey I think you're going to maybe lose people if you, and I trunk they're very important questions but I trunk it's important including in the whole mix. That V's can do more than just a Lifetime, okay. And that's what he's alluding to here, Brian. But I trunk that's important to get that message out too. Karlovich: I think the input that I get from at least my neighbors, is that they're either driving to Northwest on 62 or they're going down to the Chaska Community Center and anytrung, whether it was Lifetime or the Y or anything, would just be a breath of fresh air for them to have sometrung in our community. Berg: The one thing that's going to have to be discussed is what we do with the Rec Center. Well maybe we can again, work out a deal somewhere with sometrung, Someone or sometrung. Some organization. Franks: Because the possibility exists that we run that business right out of town basically by opening up a big facility like that. Jerry, what's your... Ruegemer: I mean that certainly is a possibility. I'm not sure that., ,as meeting rooms and that sort of trung but you know Our bread and butter is fitness out there, Where we make a majority of the revenue. And the gym of course but we don't really make money on the gym but it's certainly a community asset. And I mean I trunk that thought was always there in case sometrung should happen, you know the school district would certainly be interested in talking. Park and Rec Commission Meeting - January 23, 2001 Franks: You don't think they could use the space? Ruegemer: Oh I'm sure they can use the space. Franks: I'm being funny. Karlovich: I thought that one dance studio wanted more room too. Franks: Well the dance department or the dance program, they want like a lot more room, Yeah, Ruegemer: But I mean that certainly is a possibility, I mean that certainly has to be discussed. You know we could be cutting our own throats certainly but. Berg: I think that'd be one of the things the council's going to come back with right away, What about the Rec Center? Franks: Well the other thing though is we operate that at a loss every year. Lash: I can't imagine it'd be difficult to rent out the space, and at the very least to, I don't know who but daycare facility, You know maybe the schooL Does Bluff Creek, your kids don't go there? Do they have school age child care program there" Before and after? Howe; I don·t know. Franks: My guess is the school district would snap that building up. Howe: I would think they're desperate for space in those grades, that they'd be interested. Karlovich: It seems as a commission it seems like we should look at the big picture and I think that space there would get used up pretty quickly and we should look at what's best for the community as a whole, not bypass this opportunity. Lash: I don't think anybody was suggesting that. I just think we need to cover the bases because we need to pre-plan for that question because that question is going to come. So we just need to deal and prepare for it. Do you have any thoughts Todd? Hoffman: The recreation center? Lash: Yes. Franks: Our concern is that, you know if we go forward and push for another fitness center to come into town at that kind of scale, that we push the recreation center right out of business, Hoffman: Out of business, what does that mean? Franks: Well since most of the revenue from the recreation center comes from the fitness operations. And people will look at how they can spend their dollar and get, I'm assuming from a YMCA would, at least Park and Rec COmmission Meeting _ January 23, 2001 what I envision would staff, or have equipment, much bigger equipment area and more fitness availability and that kind of thing. That people would go spend their money than spending it at the rec center. Hoffman: There's always been that discussion. The recreation center operations may change. They may evolve into something else. They may lease the building back to the school district. You sell the building back to the school district. Really the recreation center is a meeting room center and an extra gym and a couple of small rooms. So we take the 35 pieces of equipment out of the fitness room and close it down and make it dance or aerobics or turn it into a dance studio. Many things could happen there. The one thing, when you tlùnk about the building itself, we also need to remember we have a 20 acre park on that site. And so if we walk away from the building you're still left with a 20 acre park that I don't tlúnk the school district is going to want to take over. With the warming house and a double set of hockey boards and those type of things. That's not to say we can operate that independently. You do that here up at Chan Elementary so. I think all questions that need to be answered and thought about, to be a responsible proposal. Once you say, tell the community you're going to build a YMCA, you're also going to have to tell them, because they're all going to be thinking, well what are you going to do with the Rec Center so it's going to have to be discussed and thought up. The question in, 52 golf Course. These stand for strongly support, somewhat support and then you go into the opposed column. So we get the full blown recreation center. That's 55. And so you have 51 on the side of the strongly or somewhat support. 42 on the other side. Lash: For ice, that's way over 50%. 75%, Berg: When was this done? Hoffman: This was '97. January of '97. Franks: What are the numbers down at the? Hoffman: These numbers are support on this side and oppose here and then this is don't know or don't care. Franks: But it looks like, so it's 29 and 27 support the construction of a full service community center? Hoffman: Oh you're right. We're down there further. Franks: Yeah, so it's higher than 56. Lash: That's what I was looking at for the ice. That's what I thought was the ice. Karlovich: Now you say the middle one doesn't support it? Ijust remember back to surveys and statistics and the central tendency of people to pick in the middle. Berg: It seems to me, remembering again from statistics when we did the referendum, that that negative is pretty high, Those are the ones who are definitely going to vote, I want to say that we were looking for a 2/3 support before we went to the referendum Was that right? Hoffman: I recall it was 2/3 but throughout the entire, this is the executive sununary. It states that Mr. Morrish did not recommend as you recall, that we move forward with the referendum because of the Park and Rec Commission Meeting - January 23, 2001 negative tax.. .and the task force and commission I recall struggled with that and they eventually moved forward. These numbers were more favorable than the remainder of the, as I recall, Some of these numbers...were a bit more favorable. The community center's the highest one here, is it not? Moes: Yes. Berg: Yeah, just to play devil's advocate. The larger number on the disagree still bothers me though because those at 56% is all for it until they figure out they have to pay for it. The no's are not going to be no's no matter what it is. Lash: The flip side of that is, this is a community center versus a YMCA so it wouldn't be all community funded, So this is a little different scenario to the taxpayer. Berg: Right. Absolutely...offer more than a community center in terms of programming. Franks: Without having to worry about running it in the red year after year, Berg: Yeah. Hoffman: The City Manager is currently interviewing Bill Morris who did this survey and some other firms to get an idea of what a community survey is going to involve in the city so these numbers will get freshened up. Berg: So at this point do you want us to recommend that we have an item on the survey regarding the, asking the community's interest on. Hoffman: How would you express your interest in a YMCA project to council and recommend that they include that as questions regarding that in the survey, Lash: Okay, Does anybody have any additional thoughts that you want to add? Howe: Can we have some input on those questions? We need to have that I think. Lash: WeB as an example in this particular one, and I guess I'd be confused why someone would separate indoor swimming pool from a community center. I mean wouldn't that be a given that they'd be together? Or even the ice. Berg: It lnight be like a Richfield pool. , . Lash: I think we'd be crazy to invest in an indoor pool without anything else. Berg: That doesn't say indoor. Oh, it does say indoor. Maybe they were just looking for a cheap. Lash: Besides if you go the whole.. .the whole thing. Have a pool. Have programming and have all the stuff listed there as one and not have them separated out. Park and Rec Commission Meeting - January 23, 200 I Hoffinan: I would think so. I don't know for sure. Berg: Well I would move that we first recommend, first let the City Council or tell the City Council that we are interested in pursuing looking at a YMCA in the city of Chanhassen. And secondly that we have questions on the community survey that is going out concerning, testing community interest on said YMCA. Lash: Okay, is there a second? Was that a motion? Berg; Yes. Howe; 1'd second that. Berg moved, Howe seconded that the Park and Recreation Commission recommends to the City Council that they pursue locating a YMCA in the City of Chanhassen and recommends that questions be placed on the upcoming community survey to test the community's interest in a YMCA. All voted in favor and the motion carried unanimously. LlFETIMf ) FITNESS March 3, 1998 Ms. Kathryn Aanenson Planning Director City of Chanhassen 690 Coulter drive Chanhassen, MN 55317 Dear Kate: Thank you very much for meeting with Mike Salman of Equity Properties and myself today to discuss Life Time Fitness' interest in developing a facility in Chanhassen. As we stated, LifeTime Fitness is highly interested in providing our first-rate fitness center to your community, and would like to work with the city government to achieve this goal. I will follow up with you in the upcoming weeks to get an update on city council priorities and interest level. Please again extend our invitation to the city council, Park and Recreation Division and to Nancy Mancino to visit the Plymouth LifeTime Fitness facility. Please let me know if) can be of any assistance in the meantime. Sincerely, ·\.v~ ~'S1"'-"'" Nancy M. Gunderson ) /.)~1 ~-"/_-;( A:. f ¡<: ~ t./.. ~ 1,.:' ~ ? 2' <,..;;;~. Community Partnership Committee Preliminary Report Partnership with Lifetime Fitness 1. Met with Mr. Abdi Javidan, Vice President Marketing and Sales, on April 21, 1998, for a general discussion. Discussion points as follows: · Lifetime wants a facility in Eden Prairie, Chanhassen or Minnetonka location. Eden Prairie Mall is pursuing Lifetime to locate its facility there. Lifetime does not seem very enthused about this location. · A Prototype facility is being introduced in Detroit for joint public private efforts 90,000-110,00 square feet. Design is adaptable to community needs without extensive rede~ign. · Lifetime will need approximately 1 acre/lO,OOO square feet of facility minimum site requirement. · Discussed three sites: 1. Arboretum business park 2. In front of Data Service on Lake Drive 3. South of Eckankar property, east of Lake Ann Park (most preferred site) · Lifetime would be most likely request that, at a minimum, the land be provided by the city. · City receives: 1. Facility without operational issues 2. Special membership for residents 3. City identity of facility 4. Some specific for economically disadvantages 5. Shared investment, shared risk ) r .- . Lifetime gets: 1. Market share 2. Presence 3. Revenue 4. Land, at minimum, for facility . City investment generally follows a formula based on the number of people within a five mile radius. . Timberwolves facility in western suburbs and may be potential partners. 2. Comments: Without such a cooperative effort, it is unlikely Chanhasson will have such a facility. Our window of opportunity is small as this a complex arrangement and will take time, while deve]opment pressure is high and land costs are going up. Facility wou]d have a significant impact on the current recreationa] center. 3. Proposed Action: f ./ Continue general discussion with Lifetime ./ Tour Plymouth facility ./ Prepare a list of facility requirement ./ Gauge community support ./ Discover potential finding sources for city's investment ./ Gather information on Plymouth facility from city perspective. 690 COULTER DRIVE · P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 CITY OF 8 CHAIHASSEI MEMORANDUM TO: Mayor and City Council FROM: Alison Blackowiak, Co-Chair, Park Referendum Task Force Mike Lynch, Co-Chair, Park Referendum Task Force DATE: March 19, 1997 SUBJ: Request City Council Authorization to Proceed with Park Bond Referendum The Park Referendum Task Force is requesting city council approval to proceed with detailed planning for a spring of 1997 park bond referendum. As the city council is aware, componcnts of the rcferendum may include: · Expansion of the city's trail system; · Acquisition of open lands for preservation and/or future park dcvelopment; . Neighborhood park improvements; · The development of the Bandimere Fann parkland into a youth athletic facilily. On February 24, the city council and Park Task Force received the results ofa community park bond survey. Trails continue to rank No. I as the most desired recreational amenity in the community. There is a strong concern about problems associated with suburban sprawl and the loss of open space, as well as the need to upgrade existing neighborhood parks. The development of Ban dim ere Park was the next most recognized recreational need in the city. The proposed level of investment in each of these areas would coincide with the level of support indicated by the community. Based on preliminary survey results, we feel that a reduced referendum amount is appropriate at this time. The Park Task Force clearly recognizes the challenges that lie ahead. We are committed to delivering a park bond proposal that responds to the community's input and needs. Any referendum decision will have a long-lasting effect on the community's future. Simply put, the task force feels a strong sense of responsibility to allow the electorate the opportunity to panicipate in their future. We hope the city council shares our opinion. Mayor and City Council March 19,1997 Page 2 REQUEST The Park Task Force, a body appointed by the city council, respectfully requests authorization to proceed with a spring of 1997 park bond referendum. If authorization is granted, we look forward to presenting the details of our proposal at your April 7 work session. g: \park\rcf eren \a ut horizere f.doc 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN. MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 CITY OF CHANHASSEN March ]9, 1997 Tonka United Soccer Ms. Missy Carbonneau 18326 Minnctonka Blvd. Deephaven, MN 5539 I ChanlChaska Soccer Club Mr. Tom Brenton I 107 Timber Circle Chaska, MN 55318 Tonka United Soccer Mr. Jeff Junkemleier 15 I 6th Avenue North Hopkins, MN 55343 Chanhassen Athletic Assoc. Mr. A.J. DordeI 1030 Lake Susan Drive Chanhassen, MN 55317 South Tonka Little League Mr. David Steinkamp 1026 Pontiac Lane Chanhassen, MN 55317 Mirmelonka Hockey Assoc. 1vlr. Matt Thompson 19695 Near Mountain Blvd. Shorewood. MN 55331 Chaska/Chanhassen Hockey Assoc. Mr. Steve Olinger 7255 ] 59'h Stre~t Carver, MN 55315 Dcar Ladies and Gentlemen: Over the years,] havc had thc pleasure to work with all of your associations and sporting groups. A common theme of many past conversations/meetings with you and/or other representatives of your associations has been the construction of new facilities and thc improvcmcnt of existing facilities. Therefore, ] am obligated to inform you that this coming Monday, March 24, the Chanhassen City Council will consider moving forward with a Spring 1997 Park Bond Refercndum. The Park Rcfcrendum Task Force, a group of citizens appointed by the City Council, is advocating that a refcrendum be held. Potential components of the proposed referendum incÍude: · Trail System Expansion · TIle Dcvelopment ofthc Bandimere Farm Park Property as a Youth Athletic Complex · Land Acquisition for Prcsentation of Open Space and/or Future Park Development . Neighborhood Park Improvcments An agenda for Monday night's meeting is attached. I encourage you to take this opportunity to discuss with thc City Council how this proposed referendum could influence your future. Chanhassen Youth Sports March 19, 1997 Page 2 I want to take this opportunity to thank all of you for the important contributions you make to our community. The value of your collective programs is immeasurable. Please call me if you have any questions. Sincerely, ~J Todd Hoffman Director of Park and Recreation TH:gmb pc: Chanhassen City Council véhanhassen Park and Recreation Commission Park Task Force Don Ashworth, City Administrator g:\park\rc fe-fen\ YouthS ports T camsLtr , 1997 PARK, OPEN SPACE AND TRAIL BOND REFERENDUM COMPONENTS NEIGHBORHOOD PARK IMPROVEMENTS Carver Beach Park Parking Improvements Carver Beach Playground Playground Refurbishment Park Trail Chanhassen Hills Park Skating Rink Light Cun)· F anns Park Half Court Basketball GaIpin BouIevard Park Access Road, Parking Lot Construction Phase I Playground Equipment Hennan Field Park Phase II PIayground Kerber Pond Park Trail Improvements Signage Meadow Green Park Neighborhood Picnic SheIter East Trail Connector MÜmewashta Heights Park Playground Refurbislunent North Lotus Lake Park Neighborhood Picnic Shelter Park Trail Pheasant Hill Park Phase II Playground Equipment Power Hill Park Neighborhood Picnic Shelter Prairie Knoll Park Phase 11 Playground Equipment Rice Marsh Lake Park Replace Neighborhood Picnic Shelter Playground Refurbishment Roundhouse Park Phase II Development South Lotus Lake Park Phase II Playground Equipment Park Trail Stone Creek Park Park Trail with Bridge Sunset Ridge Park Half Court Basketball SUBTOTAL TRAIL CO:'\STRUCTlON State Highway 7 Construct an 8 ft. wide off-street bituminous pedestrian trail on the south side of Highway 7 from Minnewashta Parkway east to Washta Bay Road. Length: Approximately one mile. Galpin Boulevard Construct an 8 ft, wide off-street bituminous pedestrian trail from Highway 5 north to the City of Shore wood. Length: Approximately I % miles. Powers Boulevard Construct an 8 ft. wide off-street bituminous pedestrian trail from Saddlebrook Trail north to the City of Shore wood. Length: Approximately I \'2 miles. $495,000 Great Plains Boulevard Construct an 8 ft. wide off-street bituminous pedestrian trail from Lake Susan Hills Drive north to connect with the existing east/west Lake SusanlRice Marsh Lake trail. Length: Approximately y, mile. Bluff Creek Trail Connector Complete the first phase of the Bluff Creek trail from the Chanhassen Business Center south to the intersection of Audubon Road and Lyman Boulevard, including a connection to the Bluff Creek Estates neighborhood. Length: Approximately Y. mile. Pioneer Trail/Great Plains Boulevard Construct an 8 fl. wide off-street bituminous trail from Kiowa Trail south to Pioneer Trail then east to connect with the Hennepin County Regional Trail Corridor. Length: Approximately I Y. miles. SUBTOTAL $1,240,000 COMMUNITY PARK DEVELOPMENT Bandimere Community ParklandlY outh Athletic Facility Construct a full service youth athletic facility on 37 acres of existing parkland. City Center ParkIYouth Athletic Improvements Purchase an additional 2 acres of open space. Reconfigure ball fields and add parking. SUBTOTAL $1,410,000 OPEN SPACE PRESERVATION Purchase Highly Desirable Open Space SUBTOTAL $1,755,000 GRAND TOTAL $4,900,000 t::'JI'Irl'rcrcrcn·.comronCIl1~).doc · .- ._- PARK REFERENDUM TASK FORCE SCHEDULE Date Time Items Monday, March 24, 1997 7:30 p.m. City Council ~eeting!Receive Authorization to Proceed Thursday, March 27. 1997 6:00 p.m. PTF MeetinglFinalize Components/$ Monday, April 7, 1997 7:30 p.m. PTF/CC Work Session Thursday, April 10, t 997 7:00 p.m, PTF Meeting/Committee AssignmentslW ork Session Monday, April 14, 1997 7:30 p.m. City Council Meeting/ Approve Special Election Resolution Tuesday, April IS, 1997 Give Written Notice of Special Election Resolution to County Auditor/Seek Bond Counsel Approval orBallot Question Tuesday, April 22. 1997 Receive Bond Counsel Approval of Ballot Question Thursday, April 24, 1997 7:00 p.m, PTF/Campaign Committee Kick Off, Jon Gurban, Speaker Monday. April 28. 1997 7:30 p.m. City Council Meeting! Approve Sample Ballot. Polling Locations and Times Tuesday. Apnl 29. 1997 Give copy of Ballot Question to COUllty Auditor Thursday. May I. 1997 7:00 p.m. Campaign Conunittee Meeting Thursday, May 8. 1997 7:00 p.m. PTF Meeting .- Monday, May 12,1997 7:30 p.m. Update City Council Thursday. May 15, 1997 7:00 p.m. Campaign Comminee Meeting Saturday. May 7. 1997 ! Hot Week Campaign Sunday, May 18, 1997 Hot Week Campaign Monday, May 19, 1997 Hot Week Campaign Tuesday, May 20, 1997 7:30 p.m, Hot Week Campaign Uodate nark and Recreation Commission Wednesday, May 21,1997 Hot Week Campaign Thursday, May 22, 1997 7:00 p.m. Hot Week Campaign Thursday, May 22, t997 7:00 p.m, PTF Newspaper Ad PTF Meeting Tuesday, May 27, 1997 7:30 p.m, Mail Brochure Update City Council Thursday, May 29, 1997 7:00 p.m. Publish and Post Notice of Election Campaign Committee Meeting Saturday, May 31,1997 9 a,m.- 5 p.m. City Wide Phone Bank Sunday, June I, 1997 12-8p.m. City Wide Phone Bank Thursday, June 5, 1997 7:00 p.m. Post Sample Ballot in County Clerk's Office/Campaign Committee Newspaper Ads PTF Meetitlg Monday, June 9, 1997 7:30 p.m. Update City Council Wednesday, June II, 1997 3-9p.m. Put up road signs-"Please Vote on June 14" "Get Out the Vote" Phone Banks Thursday, June 12, 1997 3-9p.m. Campaign Comminee Newspaper Ads "Get out the Vote" Phone Banks 7:00p.m. Calt1paign Comminee Meetillg Friday, June 13, 1997 3 - 9 p.m. "Get OUt the Vote" Phone Banks Saturday, June 14. 1997 Before 8 a,m, Post Sample Ballot in Polling Location' 8 a.m.- 8 p.m, VOTING I -7p.m. "Did you Vote" Phone Banks 6 - 10 p.m, Supper and CELEBRATION! --'- .- ,g:"pJrk'.rden.'n\calcndar.doc CITY 0 F CHANHASSEN April 28, 1997 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 nA'r 7" 8ó//Ý fC'~ Ð~~lel'el' f Dr. David Clough Superintendent of Schools School District 112 110600 Village Road - Chaska, MN 55318 .... - ..-£_.~.....~!:. ~ Dear Dr. Clough: The City of Chanhassen would like to announce its intention to hold a special election for a Park, Open Space, and Trail Bond Referendum. The attached resolution was approved by the city council on April 14, 1997. The referendum will be in the amount of $4,900,000 with a proposed polling date of Saturday, June 14, 1997. Park Referendum Task Force members and city officials would welcome the opportunity to discuss this initiative with your school board and staff members. Please contact me at 937 -1900 ext. 121 if you desire more infon11ation or wish to schedule a meeting. Sincerely, ft~ 41.£; J ';:á'/ - , /. / 4,V(.'æ./# .:¿; /.{ß {::tc(CÁ P" :~~t/"a~ ~g ¿-t><t¿ /"~. ;/ #~ Todd Hoffman Park & Recreation Director TH:k c: Don Ashworth, City Manager Park Task Force g:\pJrk\ref en:n \c ¡ Oll gh .doc , Chanhassen Park & Recreation Commission Chanhassen Park Task Force Press Release--May 20, 1997 Contacts: Park & Recreation Commission · Jan Lash, Chair, 474-1272 · Fred Berg, Co-Chair, 474-8394 Park Task Force · Alison Blackowiak, Co-Chair, 949-1183 . Mike Lynch, Co-Chair, 474-5642 City ofChanhassen . Todd Hoffman, Park & Recreation Director, 937-1900 ext. 121 FOR IMMEDIATE RELEASE Mayor Nancy Mancino to unvcil "Bandimcrc" Park plan. Thursday, May 22,1997,7;00 p.m., on location at 9400 Great Plains Boulevard (Highway 101 south), the current location of the Chanhassen Compost Site. The Bandimere Farm was purchased in 1990 at a cost ofSI98,000. This investment in city parkland was approved by residents in a 1989 special election. Today the land is valued at SI million. This Thursday night, Mayor Nancy Mancino will unveil a plan to construct a youth athletic facility on the site. The construction of this facility is dependent on the success of an upcoming park, open space, and trail special election. The park plan includes three fuIJ-size soccer fields, three youth softbaIJlbasebaIJ fields, one teen basebaIJ field, one hockey/in-line skating rink, two tenrus courts, picnic grounds, a kids play area, trails, and parking accommodations. The final design of the park is contingent upon a public input process. The estimated cost to construct this facility is $1.2 million. Invited guests to this special event include: · Tom Brenton, President, ChanhassenlChaska Soccer Association . A.J. Dordel, President, Chanhassen Athletic Association · Jeff Junkermeier, President, Tonka-United Soccer Association _ . · Youth team members representing each of these associations · City Council members Steve Berquist, Mark Engel, Mike Mason, Mark SelU1 · Park & Recreation Commissioners Mike Howe, Jim Manders, Jane Meger, Ron Roeser, Frank Scott · Park Task Force Members AlU1e GraupmalU1, Ken Potts, Richard Wing · Special Election Campaign Committee Chair Mike Mullins · Campaign Committee volunteers · Parents of youth athletic association participants ,g:\pJ.rk\re r~ren '.pressre teaseS_ 2 O.doc C ITY OF CHAHHASSEH u- , , ....,. 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM TO: Don Ashworth, City Manager -;?! FROM: Todd Hoffman, Park Task Force Secretary Park and Recreation Director DATE: April 24, 1997 SUBJ: 1997 Park Bond Referendum: Approve Ballot, Polling Locations & Times On April 14, 1997 the City Council passed and adopted a resolution approving a J 997 special election for a park, open space, and trail bond referendum. This resolution has been forwarded to the Carver County Auditor, the Independent School District 276 School Board and the Independent School District] J 2 School Board. Moving the referendum forward, the Park Task Force respectively requests that the City Council approve: 1. The attached resolution detennining the necessity for the issuance of general obligation bonds and calling for a special election thereon. 2. The single polJing location shall be the Chanhassen Recreation Center, 23 J () Coulter Boulevard. 3. The polling date shall be Saturday, June 14, 1997. 4. Polling times shall be 8:00 a,m. to 8:00 p.m. A TT ACHMENTS 1. Resolution Authorizing the Ballot. g:\park\rcfcrcn \po1 !inglocationmemo Extract of Minutes of Meeting of the City Council of the City of Chanhassen. Carver and Hennepin Counties, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Chanhassen, Calver and Hennepin Counties, Minnesota, \""as held at the City Hall in said City on Monday, April 28, 1997, commencing at p.m. The follov.'Ïng melll~rs were present: and the fOllowing were absent: * * * 'Î< * *- * '* * The following resolution was presented by Councilmember who moved its adoption: RESOLUTION NO. RESOLUTION DETER.Jo..1INING THE NECESSITY FOR THE ISSUANCE OF GENERAL OBLIGATION BOÑ"DS AND CALLING A SPECIAL ELECTION THEREON BE IT RESOLVED by the City Council of Chanhassen, Carver and Hennepin Counties, Minnesota (City) as follows: L The City Council hereby fmds and detemlÏnes: a) That it is in the best interests of the health, welfare, and safety of the City and its residents that the City acquire, construct and equip improvements to the City's park and open space system (project) consisting of the follo\>,,"ing: (i) Irnprovements to 18 neighborhood parks, to include playgrounds, picnic shelters, basketball cOUrt.$, trail connectors, and access point; (ii) Acquisition of land to preserve public open space; (iii) Developrnent of the Bandimere Community Parkland into ayouth athletic complex and expansion of City Center community Park ballfields; (iv) The construction of seven community trail links; and b) That the City is authorized by the provisions of Minnesota Statutes, Chapter 475 (Act) to issue its obligations to finance the Project In whole or in part and to pJedge its full faith, credit and taxing powers to the payment of such obligations; c) That it is necessary and expedient to the sound financiaJ management of the affairs of the City that the Project be financed in whole or in part by the issuance and sale of the City's general obligation bonds pursuant to the Act in an amount not to exceed $4,900,000; d) That the City Council has approved the use of electronic voting machines by the afììnnative vote of t\vo-thirds of the members and has compJied with the 60-day notice and six week demonstration requirements of Minnesota Statutes, Section 206_58, Subdivision 1, and has adopted special rules and instructions for use of the electronic voting machines which have been approved by the Secretary of State; and e) That the City )Janager has certified to the Secretary of State ¡hat an electronic voting system will be used in the City and the date of commencement of the use thereof. 2_ The proposition for the issuance of the bonds will be submitted to the voters of the City at a special election to be held on Saturday, June 14, 1997. The election ",ill be held and conducted in accordance váth the laws of the State of Minnesota relating to speciaJ municipal eJections. 3. The City Manager is directed to cause a notice of election [or sample baJlot, or both) in substantially the fonn attached hereto as Exhibit A to be posted and published as re- quired by Jaw as follows: (a) The notice of election ",ill be published once in the ofììcial newspaper of the City at least t\vo weeks prior to the election; (b) The notice of election and a sample baJlot will be posted at each of the po1ling places at 1east ten days prior to the election; (c) The notice of ejection and a sample baJlot \\ill be posted in the ofììce of the City Manager at least four days prior to the election; and (d) The sample ballot will be published in the official newspaper at least one week prior to the election. 4. The polling places, hours of election and the respective judges for the election will be those established by the City for special elections. The polls will be open from 8;00 A.M. until 8:00 P.M. OFFICIAL BALLOT SPECIAL ELECTION CITY OF CHANHASSEN Saturday, June 14. 1997 . . The City of Chanhassen is asking voter approval to issue and sell its general obligation bonds in an amount not to exceed $4,900,000 to finance park, open space and trail acquisition. The amount of taxes that would be raised in the first year of the property tax lev)' to pay the principal and interest on the bonds is estimated to be approximately $372,295. The ma;.¡imum amount of ta.xes that would be raised in any subsequent year for the purpose is estimated to be approximately SI,094,213. This maximum increa5e in property tax levy is estimated to be approximately .02% of the taxable market value of property in the City. SHOULD THE CITY OF CHANHASSEN BE AUTHORIZED TO ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $4,900,000 TO FINANCE THE ACQUISITION AND BEITERMENT OF PARK, TRAIL, ANTI OPEN SPACE RECREATIONAL FACILITIES? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. YES ( ( ) ) NO INSTRUCTIONS TO VOTERS: Voters desiring to vote in favor of the foregoing proposition shall make a cross mark (X) in the square opposite tire word YES. Voters degjring to vote against the foregoing proposition shall place a cross mark (X) opposite the word NO. (b) The City Manager is authorized and directed to prepare separate ballots, ballot strips, or ballot booklets for the elections for use in conjlU1ction ",ith the electronic voting s)'stem, on blue paper with black ink pursuant to the requirements of Minnesota Statutes, Section 206.61. The City Manager will provide each polling place Vliili at least two sample ballots which are facsimiles of the ballot strip or ballot booklet. Such samples must contain illustrated instructions for their use aJong with the electronic voting system or illustrated instructions \vill be posted adjacent to each sample ballot. 6. The City COlU1cil shall meet in the City Hall on , 1997, at p.m., C.T. to canvass the results of the election and to dedare the results thereof. The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the folIo",ing voted in favor thereof: and the following voted against the same: whereupcn said resolution \\as dedared duly passed and adopted. EXHIBIT A NOTICE OF SPECIAL ELECTION CITY OF CHANHASSEN CARVER A.'ID HENNEPIN COUNTIES, MINNESOTA NOTICE IS HEREBY GIVEN that a. special election will be held in and for the City of Chanhassen, Carver and Hennepin Counties, Minnesota, on Saturday, the 14th day of June, 1997, at which the following proposition will be submitted to the voters of the City for their approval or rejection: SHOULD THE CITY OF CHANHASSEN BE AUTHORIZED TO ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN AN A1'lOLINT NOT TO EXCEED $4,900,000 TO FINAJ'\iCE THE ACQUISITION AND BETTERJvŒNT OF PARK, TRAIL, AND OPEN SPACE RECREATIONAL FACILITIES? YES ( ( ) ) NO The polling place for saíd election is as follows: Chanhassen Recreation Center 2310 Coulter Boulevard Chanhassen, Minnesota The polls for saìd election \',ill be open at 8;00 P.M. and will remain open until closing at 8:00 P.M. Any qualified registered voter of the City is entitled to vote at saìd election, and any resident of the City not previously registered as a. voter may register on election day. BY ORDER OF THE CITY COUNCIL Is! Donald Ashworth City Manager Dated: ,1997. STATE OF MINNESOTA ) ) COUNTIES OF CARVER ) SS. At'\JD HE1\TNEPIN ) ) CITY OF CHANHASSEN ) 1, the !mdersigned, being the duly qualified and acting City Manager of the City of Chanhassen, Carver and Hennepin Counties, Minneso~ do hereby certify that I have carefully compared the attached and foregoing exn'act of minutes of a regular meeting of the City Council of said City held on April 28, 1997, v.ith the original thereof on file in my office and the same is a ftùl, true and correct copy thereof, insofar as the same relates to the calling of a special bond election for the issuance and sale of $4,900,000 Genera! Obligation Recreational Facility Bonds of the City. WITNESS My hand as such City Manager and the corporate seal of the City tllis _ day of , 1997, City Manager City of Chanha$sen, Minnesota (SEAL) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTms, MINNESOTA DATE: April 14. 1997 RESOLUTION NO: 97-24 MOTION BY: Berauist SECONDED BY: En2ei A RESOLUTION APPROVING A 1997 SPECIAL ELECTION FOR PARK, OPEN SPACE, AND TRAIL BOND REFERENDUM WHEREAS, in August of 1994, the city's Park & Recreation Commission opened discussions on a park referendum. WHEREAS, these discussions led the commission to recommend the city council appoint a special task force to pursue a park referendum. WHEREAS, the City Council appointed a Park Task Force on May 8, 1995. WHEREAS, the Task Force has worked diligently at their mission of forwarding a park bond referendum to the electorate of Chanhassen. WHEREAS, on April 7 the Park Task Force presented a referendum schedule to the City Council that was welJ received by the City Council. NOW, THEREFORE, BE IT RESOL VED that the Chanhassen City Council supports a 1 997 special election for a park, open space, and trail referendum. Passed and adopted by the Chanhassen City Council this 14th aay of April ,1997. ATTEST: ~'Q..Cf¿~~_r!¿: Don Ashworth, CityClerklManager ~K.~~ Nancy K. M cino, Mayor _ . YES NO ABSENT Mancino Mason Senn Engel Berquist None None C ITY OF CHAHHASSEH 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN MINNESOTA 55317 . . (612) 937-1900. FAX (612) 937-5739 April 17, 1997 Dear Resident: Next Thursday evening, April 24, 1997, is an important date for the future ofChanha>sen. On that evening. the city's Park Referendum Task Force will convene a meeting to kick off a campaign for a June 14. 1997 Parks, Open Space, and Trail:; Bond Referendum. The components of this referendum include: neighborhood park improvements. the development of the 35-acre Bandimere Fanll into a youth athletic complex. the construction of over 7 miles of community trails, and the preservation of significant open lands. We need your help! The Park Task Force. a group of 8 committed Chanhasscn resident>. have been working for the past 23 months on this initiative. An additional 75 to 100 volumeers will be required to complete a six-week referendum campaign. We hope that you arc willing to make a difference in your community as one of these volunteers. In October of 1969, ninety-nine families pledged their support to a park referendum r",,\thing in the acquisition of our treasured Lake Ann Community Park. The commitment of those individuals had a dramatic impact on the future ofChanhassen's park and recreational system. We hope you accept our invitation to join us next Thursday night, April 24th, to do the same. Sincerely, Alison Blackowiak and Mike Lynch Co-Chairs, Park Referendum Task Force k g: \p::n k\rcf c:cn \i n \' i! c4· 2: 4 .doc AGENDA 1997 PARKS, OPEN SPACE, AND TRAILS BOND REFERENDUM REFERENDUM CAMPAIGN COMMITTEE KICKOFF THURSDAY, APRIL 24,1997 7:00 - 8:30 P.M. CHANHASSEN SENIOR CENTER LOWER WEST SIDE OF CITY HALL (PARKING IS A V AILABLE IN UPPER WEST LOT) 7;00 p.m. - Gather to Socialize and Enjoy Refreshments. 7; 15 p.m, - Welcome: Mayor Nancy Mancino. 7;20 p.m. - . Referendum Background: Jan Lash, Park & Recreation Commission Chairperson. 7;30 p,m. - Parks and Recreation-Your Best Investment: Jon Gurban, Executive Director, The Minnesota Recreation and Park Association. 7;45 p.m. - Referendum Campaign Committee; What needs to be accomplished by Vote Day, Saturday, June 14, 1997: Alison BIackowiak, Co-Chair; Mike Lynch, Co-Chair; Park Referendum Task Force. 8:10 p.m. - Questions & Answers. 8;25 p.m. - Close: Todd Hoffinan, Director of Parks & Recreation. ., 8;30 p.m. - Adjourn Meeting. Good Evening, I'm representing Charihassen Youth Sports calling to remind you to vote YES this coming Saturday June 14 for the Parks, Open Space and Trails Bond Referendum. I want to remind you that the single voting place for this Special Election is the Chanhassen Recreation Center just off Highway 5 on the East end of the Bluff Creek Elementary School from 10:00 AM until 8:00 PM. In three of the previous referendum elections the issues have been decided by eight votes or less so your vote and that of any other registered voter in your house really counts. Pleasc mark thi. special occasion on your calendar and VOTE next Saturday. THA1'.'K YOU CHANHASSEN RESIDENTS FOR PARKS, OPEN SPACE AND TRAILS PHONE SURVEY Good evening. I'm from Chanhassen Residents for Parks, Open Space and Trails. We woull! encourage you to suPPOrt the Park, Open Space and Trail Proposal in the upcoming Special Election to be held on Saturday, June 14, by voting YES. Will you Vote YES for this proposal? FOR YES ANSWERS: Thank you. Please mark YOur calendars toVote on Saturday, June 14. FOR NO ANSWERS: 1'hankyou for your time. For additional information, refer to the brochure FOR ANSWERING MACHINES: Good evening. H'1n from Chanhassen Residents for Parks, Open Space and Trails. \Ve would encourage you to suPPOrt the Park, Open Space and Trail Proposal in the Upcoming special election to be held Saturday, June 14, by voting YES. Please mark you calendar to vote Yes on june 14. If you have questions or concerns, please call the phone numbers in the pamphlet you received in the mail. Thank you! FOR PEOPLE WHO HA VE SPECIFIC QUESTIONS: make a note of the person's name and let them know they will receive a call in the next day. . Todd Hoffman Park, Open Space & Trail Special Election Celebration Event At the hOl1te of Rçl1tdy & Alison Blackowiak 8116 Erie Circle Saturday, June 14, 6 p./n. Bring your spouse and a dish to share. Beverages will be provided. COl1te and join together as we all wait to hear the final election results. Note: The City Council will be recognizing ALL special election volunteers on Monday evening, June 23. "/'1 . '/..«'> U-/.,¡.æ.' "-~~_ØI1~~J) I:,;'; ""':;"'.'''';;'¡';;;'!·-i'''';~!ij' ¡.., );y ,\'1.:'\'-"." ,.f ~r~"':t!<'I<'" ¡Y~·'tt~)·I" ¡iffiJ\if~~:¡¡f1-*~t~~"¡;'-~f;k1i31 , i . ! * FINANCIAL RESPONSmII:J1Y: The City would retain a reserve of $2.2 million in bonding authority if the referendum is approved. * CONCEPT PLAN: This illustroJion includes the proposed community center in addition to the proposed expansion and improvement to City Center Park. Two additional ballfields, a new play structure, enlargement of three existing soccer fields, improved træk fæilities, repIæement of the two outdoor hockey rinks and replæement of the four exisfÚIQ tennis courts are included in this pIon. The specialty classrooms were added in response to the School District 112 Building Advisory Committee-s recommeiulation since clwir/band rooms, computer lab, ete. are not currently available oJ the schooL The School District has also noted thoJ expansion of Chanhassen Elementary School is Mt desirable since the current student popidimon is oJ an optimum levèL . -<.-::7\ ~. ...... I': " j' 1\ ¡ I,----~· i-----,()LØ__ ,> .,~(J ~ ,/ 0':5,,:v~ ~\~J ~ ~ '.' I ~---)~ \ 1+/ /. I, ''.1; ~~I rr,__ \~/ : t' I. ~ ~.'- ./ : I /"..., '~ : I. ( '.. 'I , ~., 'J ... ',f'Jroot.z...... . '... ',,,,--.,.,> ...--......- ,'. '. /~--l .,<>...., "-,0./ ; ..,'. Y . ., ' .... '..... ' ., . . ~- ... J ,. :;::--'., () l~ . , - , '. r'- . , , , , , I ' l~m~~1 " , , I I' t I .' ¿ ¿) I: I~ o! RU""'" 0'-' r::::::·:·:::~:¡.;~1 J L/ ~ J : : f"l~u. - FutuR[ : I [ß] :r ,/ '.: T~I ,,;\rH" ;; - < ! '^,.,~ ~ 1...,1 0 ' ...... _. 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'..- .. \1 \ \ \ , ./- . .,------.. - . .. . ~.' ,\ .., \ I I \ /" ../ /' \" " Z ./'. \ . . ./', ',. < \, Z . , I j < ! - 1 ~ i :<: \ '"' i ...., - I I X \ ~ \ ~ , 2 \ '"' I ¡ V I ...., I I I i L I 1 ; i - , ¡ .- ! ..... j Z ! < I - I :<: \ ì I \ z J , i \ i j I , . , . . . , , . , < \ " , '. ~. " 1 ." ' '" '.' t ~ : . \ ./ III 'è t , ",,-t t \ t t ~ , It 11 t . J -t' : St' .. , - n'._ --"'---.=.. -.-- . ,. 0.._ 19, 1969 .... ..... THE MAVERICK ~ ~r,...._... Chanhassen Residents: IiÞ VOTE IYESI FOR PARKS NOV.4 ,."... and ·MD. 'RUI\" Sillnt" "IT. and )1n.. H..nr)' M'I!il\C ~k ..nd MI';, )!I.rWld 8"",n "1&. and Mu. Ray $dlmill Mr..and Mn. ).Iauria: BI«d R"..;¡nd )tn. J. Orvj[]~ :'obnin ~r.Øld Mn.. Conto)' ....·eb$lrr !lob. ud folrc. Sfe~t Thonlp)!'n ~. ud M"" Man' Muyru "IT..IM! ~1'5. D. C. Prillaman Mr. and MD. E. C. Sdm "fr.and "'ß.. P. laJSQn Ct, .nd "'B. II.tbt:n tbTNIc1t -'fro ..lid JoIu. Quaid H~ )tB_ Richard Rdf )Jr. Ind )1ß. K<l:ß1Idh S.'lhcrlund "Sr. Ind "bs. toido \\',ITiu "", aDd ",,,,. Ridlard Pi>e "", and !Iofr... Cft1Ild S..dcrlind "'f..IIm! Mrs.. Did¡ Paßl'" "". aM Jotn-. Ru_1I H. LafY:oR "tr..,f.tnOøn$chdl "fr. TOni Klin~Ih..11 "if.lnd MB. RobM Cle'!IOn )lr. an4 )trs. BftI,; Rod,cn For Further IntormatioD CaD: ""inftt"~J.Paft:ilfCil ATtI~ ,,"'drÞo!rsbrdl .474.,57J) SimltnHtll.ra ß.IM)·"'iII .I)a-8I61 1.o1usUL:eaYCa ~!1,·ck~fI.:t1, .47.:¡.1::!IA· ..Hall"ru ,,'oIf ~.7~fI Co1onial Grove "'ea Clad!" Ml:û1'J' ..,n......" Too mil")' Colmmunillel hl'C lost ror. ner Ihe poteoUllitielt"'t .r'yellflU. Ible In OIaohaueo. II Ihereron: becomes Impon.ol Ihl! l"Ine IIf Chanhuleo'l IUlurll fftOU'CCI hi: Imnwdilldy p",lI:nl:d berulI: Ihb VilI'¡C llso leules io10 Ihe dn¡ma or"'jul IOcdhtfcommunlly". WE SUPPORT THE PARK BOND ISSUE! "'r~ t::''4a,d Ii",,-.,J ",. :.nJ ~I.~ j¡~..r)' N~:I. Mr. .and Mrs. A. W. O...e~ Mr..nul Mn.CI.·.m AI..II..IU Mr. 11115 Mn. Richard Bed.slrom ' Mr. ud Mrs Oarke Nkhobon AI,. and M",. Mau lord Mr. 11115 Mrs. S; M. (hrHJd Jr. )-h. and M'I. Jim Krlly M,. and Mr$. ,",'¡¡iii Klrin Mr. and Mrs. Howard Vikrn Mn¡. Loninr RCleser Mr. and Mn. Rkh.rd H. Come, ~tr. .IOnd loin. E,ik DUndUfS Mr. and Mrs. TQm Hndpnn Mr. and loin Ray JuicnJd M,. .nd M,~. Da\'f Paller!l'rn Mr. and 101,.. RoJ,e, tlrn"11 Mr. aod Mr.. Rno Mielke :'olr, and Mrs. Did.: Minta ~Ir. Ind Mr.. Jamn Parllt'n.. Mr, 10115 M,.. R¡,ll'h Kane tot,. Ind M",. Y..h Brodenon M,. and Mrs. Btlnn Oaylon :'>11, Ind 10115. Ro~n I'hÎllip~ Mr. ~..d Mr~. Sill;! F,Î.murl: Mr. aud Mrs. Tt'd II. det",. ") 101,. and Mr.;. Ralph 111".1010: M,s. {.1;ara a..~1I Mr. and Mr~. ,E. W. McCary Mr. and MI5. R. A. Rubens Mr. and Mrli. Sian Tilly Mr. and 10115. Paul Thompson Mr. and loin.. Michael Rouleau Mr. .nd MR. Hibbert Hill Mr. and 1011'5. Jerry Popt Dr..nd ,",n..Jim Bennyhoff Mr.'od Mrs. Ronald Roeser ,.Ir. Ind Mrs. Dean MOnlJðnltry M,. and Mn. Clenn ROill 101, .nd Mn;. Ruben Reichert foI,. Ind loin. Arnold Weimenki,ch AI,. Ind Mn. Jame. Cran.on foIr and M". Cile.< Courtney Mr. and MR. Ha,.,cy Will Mr. and MR. Herb Dc Vaan 101,. Ind MrIi. Elmer Kuncrlh M,. Rich~,d LYA...n Mr.lnd Mrs. Crnrld Ylnbch Mr. Ind M,s. Ed Hje,mstad This bond issue -'II proriIe..... ror IhefCllliuliunllfIMllOWllRftl:""ena; remaIKMI" facilities (or r.mlles. tdulll " ItAinr citluns II WCI II Mlabborhood pI.y Irc..S alld facilil"'l rOf lWimmln&, ICAllis, ~Pooh;rll. pCici"l, bildA" *,IInt:, bctd:ey.stiin..ndslidi..... RC'·. 11...,mil l. Lorenz Mr a'llf Mr~. Qjff Welèlman AIr. IlId fo!b. Conrad FJskaeu ~1.. .".è ; )¡". Rop Colley Mr. and Mrli. Gerrold Hdddnell Mr..nd Mrs. WilIer Pllllson Mr. Ind loin. Mule)' Robinson Mr. and Mn. AI Sinnell Mr. and Mrs. $lt¥en wolr ·Mr. and MrIi. AJ Harwy Mr. Ind Mrs. Don Slathar Mr. and Mn. Joe Cbccum Mr. and Mrs. Tmy O'IrirA Mr. and Mn.. Ly~ Ridder; Mr. Ind Mrs. Robert Bauer Mr. and MR. W.ller J. RntÎmaa Mr. and MrIi. NrWlon BrbIry AI,. and Mn. JOM N~1IX M,. and Mr~. JOlICph N. Boyer AI,. Ind Mrs, Gene Couher M,..M Mr.. AI Klinarlhutt Mr. alld AIr_. RlfY Kotler Mr. .nd Mr~ RólY Dietl Mr. and Mrs. Ntl BreUinFft r-+......................................., ::.. The Question On The Blue Ballot Will Be- I . OUESTlON NO. I Shalllhc ViU~gt c¡( {1Ianhnscn bono..... money by iuuin, ilS t: ¡O:Mr~! ohh¡:alitln bond~ in the ¡mounl (1(5250.000 10 p,ovide I '"""r""" "q';';"'" ""h"",m,,, orp,,'" : .i.: I What Does This Mean To Chanhassen Residents? . ( 11111' btpnni"l nr nur 0.....,. "illale part qll1em. t . (II A Mmmunity ricnic.tcllnd IWimmin,ooch. . (JINei.hbo,hOl.ldlollol.andballflddl. . 14) Pre5trvin, Ihe beauty and c:luinder of tbt Yilla&e- . Ihe ua.,n "'fly we all ft\(ved 10 Chan"'..". i___ ~i Where Do I Vote! Chanhu5tn rrllidenll livin¡ C.1if oroy. Rd. 117 mlt II the Chanh.1lueA VU1aF HaD, RCliid~nll IMR' west of 0)'. Rd. 117 VOle.1 WI'll JunåDf Hish School, localcd on Stale Hwy.41. ~~ . i . . j ) ":_'.~''''~ , 3":";'1...~~~" ~~.... : .;'''i\,~·.t . I " ".j.... I:~ ..... ., '1 _.- : ,? . . .'!Ií ' !: "t- . J' .. . ~ .11; o wf. ; . oqt . . " .. . ;~s '~'. c,¡' " f ~..... :.1 r.; ~:W~~:'fi . '-'t . 'W' '~:-\N:'~~ .~. . J:i~~ 1f '.. . ~ ' '. ·...:.~~JL ...JI.... . . ~I ~!'~'rl,.~l;,. ....... ~. ... ~ ',.'" ", ""'J~;.' ç ~'.h .0:", 'Ii:'!'{;:........ . .~..... ,_ " :¡..~.,':t~~i.,·..;~tt:I.:.In:at¡··:......~~·· :~~. .. WI, II·.. ..I:;'-".f~'·r.::;vz,-'..O. "'8 .. €"'_":~':J""~"Kli.jj'M·I'" ~.;, .' (.' .L'",.., I. "', ,..,,... '''t' ~"...'" of.,:.' .::~; . . . ij-¡'.d'iW·,'·\ôU '.-j, .:. ·~':·,,!!'f· '. . · . o~· '¿;;. 0'<' è·::· ';':':'-om~m é e'" '".. ,~. ,., . ..>~i.~'f':¡;¡:;"; _·..~·fi~.,.,. .~'i·... ,.', " ·.;..".,;,;.~..C I.:· ...: .¡\rr:'iJ'~' ....,... ¡,...",:.~;J ;:::~;::ii;;;¡:.:::5¡;;·;·:',*\::;f:'~~~i.·::::;}:~ ::··6\;:'·:i:~t~:· ;~"'.., ;.;': ::~ i::~';:>\\}:;:;;: :.1·~'~;· ,.... :::·:'~l;~j~ '''B' ':'.:''->',,: ·E-: ;n;<~';CI/"" J:<o'-':"f' \.jf;:~:;iU;··' ·n::"··· :e·:;'·· .';¡g' 'II'· .~:~-::.,,~/~:.:~¿:;i::: y... . "tj.,', .,...... L" ~.! c~t~;i~;.~.': ;'':1:'.:.",:'-. ': ...,"'. ...,. ~.~.....: ", - ....\A),~ t:,;;·...: jl-.ô¡¡;'¡':·{..~~ib·t ~i~;::·:~ ~__ .' ...\:: < _... :..,:.", ,,'.:"'" ," :.-'!.:C:- . '_" '. '," (o.;-.~'- }:\;~":.~?;--;···:'~~:.n:~'·l~,,:j;.;,. .. "",.:(!C'"M'~-")'~ -. ~.....' '.':1,,' a ,~.r.J.'\:-. ", ~ ,.. ·~~.I.J"·J.-tr.~. 4''''' ..!:......,"I,.....,;.¡. .,...., . "_,... -.:, . .~. ,_" .',' " ",'.' -' ." .'. '. ....\. . . .... " . ...._ '.'.. ....... ," '-' _. - . . _, "1 .. ..' .. By VIRGI~ HAR~is. "'"':. ..,;;:, ;.,' . At:èoR~iNÓ "To'p~~~e~\ 'p'ians;"-$"841~ witi. b~ SP~n.{ ." . '..:.',.. ," ,_. '" è..........'. I ,. . , .Chanhassenresidents sbòuld be able. to .swim 'and 0<' ;for developing parks other than the Lake Ann park.ò'lbese piCÍ1ic aÙlÎeii'.~kê AniIPark this summer.accorðingtO inêlude the Carver Beach site, the ball fields behiñd the plans of the village park and recreation commission. village hall, the.well site and a site in Chanh~sse~ Es- 'lbusresidéntswillbeabletoseethefirstconcrete ..tates.· .:.'.'.,:-- . .......::,.... ..':-.', "':,," . .,' . _, .' _ _' _. to'. . .' .".. . ....... ., . eVlden~ of the $250.000 bond issue they passed in Novem,.. ,. Tessness sa,~ about $4,400 will be spent for the sum- ber 1969. ..' < -~. .:.f ;, .~. :~...1 ';'¡ -:¡. :'~:(:r. tt/~, ,.:;~ mer recr~ation program, about the ~me' as'~p~nt in 1970. · MONDAY, TIlE Chanha·ssenCouncil authorized. the 'lbe amount spent for wintenecreation .will be $.t,250 or advertising for bids lor .work to·be done for the develop- , double last year's. ' .... ,~,:..:. .." '."" ;. ".; ;-, ',...,,:~. ' ment of the Lake Ann Park site. 'According to the speçifi- IN ADDITION, the park' and recr~atioÍl has budgeted cations, this work isto M completed by June 29.., .: . $250 fpr youth; $9~ for senior citizens. $200 for historicat · 'lbis means that thisspring when residents drive on resench and $3,675 for park maintenance..'·.~:'::.·' ','<' . Highway .5 and pass their park property they wit! 'see "¡'. y' . "Weimerskirchsaid the village has to be careful about what is beginning to look like'a park rather than a eab-,·,,;:how much bond issue money it spends for devetopmeÎltat . bagepatch. :...:. ' .;.'.;. ....;..; .....;,,;.;.. ':..,:!,/; this time beçause enough of a balance must be kept so it 'lbe Chanhassen Park and Récreation Commission . . qualifies for matching federal grànts for acquisition, . ,. plans to spend $50,000 for this first stage of park develop-. :: . ' ment at the µke Ann site. It also plans to spendabouP' $2,000 to, provide the necessary equipment for a ball field,'·,¡ picnic area and the beach. ..'. , .,... <....., " . ." . .,' .' .' , "~ ; . -. "J i TIlE FUNDS for these projects will be taken from the bond issue money. In addition; the commissi~ri plans to spend $1,200 out of its general fund budget to provide a life guarêlat the Lake Ann beach for 12 weeks:. .. "., TIlE BEACH and picnic areas will then be ready for . use this summer. It is uncertain whether the bal\'fields will be ready. . ..::<, . . .'lbe specifications califòithese to be seeded: Howev- .' er, it was mentioned at the council meeting that rather than seeding one of the ,ball fields, soine civic·minded . group might be wi1\ing 'to cut and lay sod so the field could be used this summe:r;> ,;:. .'. . .' . ". _ TIlE EXTENT of the work to be done at the site Is dependent on the bids thaiÎiome in. ,.", .', . Park' and recreatioíifCòmmissiön '~bairinàn' Arttold Weimerskirch said the ÿì1làge will advertise for bids on . . grading" ba~ drainag~2 ~irít. anf plaj,:Urig.. He said the sp«:c'ficatio~s ar~ .'!!"~~te" I.n :SUe!! ~ wily ~ttbevil- : lage ~t have a number:of.~IÜ!tilates ~ I\ca" ktiep. the' , " work WIthin the.. ÞUdget.'!.,J',~~~;~J ;\:~ ! ".tl:·:;t' .. t\ ~I1:LAGE:pLERK.~dt#;¡¡¡'itñitor Adolph T~ssnéss . sa~4lt 1.~'main1ylÍoped ~àrenough ~ork can be done this . fl~.~9.a~,so !he.p'eople will ~ve a road to get Into the P. a~J" an,d )l.pa!.k,,,g "r!,a[)~ tlíe...be. ach. ,piénic àrea and.· ~a\king t~~,ls ê4n be utili~..,·,,:·,.'::'·"'·." .' .-' : 1 .' . ressness said .Ü\~ .Vlllagewill actually be.spendij¡g aboµt$70.000 this year toward park improvement orrec- reati~n' ·programs. However, "$19,135' of this will come· fro~ generalfund re"ellUe..he said. . ": 'C': h' .... . .. .h.' , , . ..