HomeMy WebLinkAbout2016-07-05-J11 Park Road 28E AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 5, 2016
AGENDA ITEM: Consideration of approval of a resolution approving 28E Agreement between
Waukee Community School District and the City of Waukee, Iowa, for shared
use of parking facility
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: This agreement between the Waukee Community School
District and the City of Waukee is for the construction and shared use of
parking facilities in Centennial Park. The Waukee Community School
District will be financially responsible for all improvements as it relates to the
paving of parking on the school district side of Park Road and the City of
Waukee side of Park Road. The agreement will allow students to park on all
paved improvements and the parking lot directly west of the sand volleyball
courts from the first scheduled day of school until the last scheduled day of
the school year, Monday-Friday from 6:30 a.m. until 3:30 p.m. School district
staff will be responsible for managing that the parking requirements are
followed by students. The City of Waukee will be able to utilize paved
parking on the school district side for any events happing in Centennial Park
outside of the 6:30-3:30 time frame. Revisions to the agreement are being
made by the City Attorney and will be made available to Mayor and City
Council on Tuesday morning.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff has been meeting with the Waukee Community School
District to outline all of the details of the agreement. Staff is comfortable with
the time frame and believes that it will not affect the overall use of Centennial
Park. The additional paved parking in Centennial Park will be a great
improvement to the park and is consistent with the recent master plan that was
completed for Centennial Park by Confluence. Staff would recommend
approval.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. 28E Agreement and Exhibits
PREPARED BY: Matt Jermier
REVIEWED BY:
THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVING A 28E AGREEMENT BETWEEN WAUKEE COMMUNITY SCHOOL
DISTRICT AND CITY OF WAUKEE, IOWA
FOR SHARED USE OF PARKING FACILITY
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND,
WHEREAS, the Waukee Community School District and the City of Waukee find that a joint or
cooperative action with respect to the shared use of a parking facility abutting both Waukee Middle
School and Centennial Park/Park Road will be to their mutual advantage; AND,
WHEREAS, a 28E agreement is proposed between the two participating entities in order to set forth
the conditions pertaining to shared use of said parking facility;
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the City of
Waukee hereby approves the 28E agreement between the Waukee Community School District and the
City of Waukee, Iowa, for Shared Use of Parking Facility.
Passed by the City Council of the City of Waukee, Iowa, and approved the 5th day of July, 2016.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Brian Harrison
Shelly Hughes
Larry R. Lyon
Rick Peterson
VACANT SEAT
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Chapter 28E Agreement
Recorder’s Cover Sheet
Preparer Information:
Conner L. Wasson
100 Court Avenue, Suite 600
Des Moines, IA 50309
Phone: (515) 243-7611
Taxpayer Information:
N/A
Bill/Return to:
Rebecca D. Schuett
City of Waukee
230 W. Hickman Rd.
Waukee, IA 50263
Grantors: N/A
Grantees: N/A
Legal Description: See Page 3
Document or instrument number of previously recorded documents: N/A
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28E AGREEMENT BETWEEN
WAUKEE COMMUNITY SCHOOL DISTRICT
AND CITY OF WAUKEE, IOWA
FOR SHARED USE OF PARKING FACILITY
THIS AGREEMENT is made and entered into this _____ day of ___________, 2016, by
and between the WAUKEE COMMUNITY SCHOOL DISTRICT (hereinafter referred to as
“District”) and the CITY OF WAUKEE, IOWA (hereinafter referred to as “City”).
WHEREAS, District is a school corporation organized and existing under the laws of the
State of Iowa, and is a public agency as defined in Iowa Code Chapter 28E; and
WHEREAS, City is a municipal corporation recognized and existing under the laws of the
State of Iowa, and is a public agency as defined in Iowa Code Chapter 28E; and
WHEREAS, District owns real property in close proximity to the Waukee Middle School
located at 905 Warrior Lane, Waukee, IA 50263 which contains existing parking and upon which
the District plans to pave parking as shown on Exhibit A (the “District Parking”);
WHEREAS, City owns a property locally known as Centennial Park which includes an
existing parking lot and a portion of a road, currently known as Park Road in close proximity to the
Waukee Middle School located at 905 Warrior Lane, Waukee, IA which contains existing parking
and on which the District proposes to add additional angled parking pursuant to this agreement, as
generally depicted in Exhibit B (the “City Parking”);
WHEREAS, District is in need of space for its students, staff, and visitors to park at
Waukee Middle School and the practice fields adjacent thereto;
WHEREAS, City and District have agreed to share use of the District Parking and City
Parking for parking and other related purposes pursuant to the terms of this Agreement;
WHEREAS, the District seeks to improve its parking capacity and desires as part of those
improvements to pave angled parking stalls on both the District and City sides of Park Road which
will be used for the benefit of the public and school invitees as more particularly specified herein
for the duration of this agreement
WHEREAS, public and private agencies may enter into an agreement for joint or
cooperative action pursuant to Iowa Code Chapter 28E; and
WHEREAS, the District and the City find that such joint or cooperative action with respect
to the shared use of the parking facility will be to their mutual advantage, and the District and the
City believe that an agreement pursuant to Iowa Code Chapter 28E should be entered into for this
purpose.
NOW, THEREFORE, in consideration of the mutual promises set forth below, and
pursuant to Iowa Code Chapter 28E, the parties agree as follows:
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Section 1. Description of Premises. The real property owned by the District which
contains existing parking and upon which the proposed additional new District Parking will be
constructed is located at 905 Warrior Lane, in the City of Waukee, Iowa and generally depicted on
Exhibit A.
The real property owned by the City upon which the existing City Parking, and the
proposed additional new angled Parking is located is known as Centennial Park, in the City of
Waukee, Iowa and generally depicted on Exhibit B.
(“City Premises”)
Section 2. District Improvement of Premises. The District shall be responsible for
the improvement of the District Parking to create angled parking stalls as shown on Exhibit A,
including but not limited to the procurement and management of contracts for the design, paving,
and other construction of the parking facility, in accordance with the designs and specifications
approved by the City. The District will remain the owner of the Premises and the parking facility
in all such contracts. The District shall retain all ownership and control over the District Parking
and improvements associated therewith.
As part of its construction of the District Parking as set forth above, the District will, at its
cost and expense, be responsible for the design and construction of angled parking stalls on the
City Property in the area generally depicted on Exhibit B as “Proposed Improvements” in
accordance with designs and specifications approved by the City. The City will retain ownership
of its property and assume control, maintenance and responsibility over the improvements
constructed upon its property upon completion of the parking improvement on its property under
this agreement.
Section 3. District Grant of Use of District Parking. The District hereby grants to the
City the right to use the District Parking, including but not limited to all paved areas, entrances,
exits, driveways, and walks, when not in use by the District.
Section 4. City Grant of Use of Premises. The City hereby grants to the District the
right to use the City Parking, including but not limited to all paved areas, entrances, exits,
driveways, and walks, for parking and other related purposes between the hours of 6:30 a.m. and
3:30 p.m. beginning on the first day of each school year and ending on the last day of the second
term of each school year, both as indicated on the official school calendar on file with the District,
for the duration of this Agreement. The City hereby further grants to the District a right-of-way
for ingress and egress over the City Premises for the purpose of accessing the parking facility.
Section 5. Shared Use of Parking Facility. The City and the District agree to
cooperate as needed with respect to the shared use of the City Parking and District Parking to
assure that all required services and responsibilities are provided by the parties.
If a conflict in the use of the District Parking should arise between the parties during the
term of this Agreement, the District shall have priority to use the District Parking. If a conflict in
the use of the City Parking should arise between the parties during the term of this Agreement, the
City shall have priority to use the City Parking.
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If there are special events or activities that are scheduled to be held which would make the
District Parking or the City Parking unavailable for use by the City or the District, the party
scheduling such event shall notify the other party no less than three (3) business days prior to the
date the parking facility will be unavailable for the other party’s use.
Section 6. Maintenance of Premises. The District and the City shall, at their own
expense, maintain and keep in good repair the District Parking and the City Parking, respectively,
including but not limited to keeping the paved areas and right-of-way striped and free and clear of
snow, ice, garbage, and obstructions of every nature. The District and the City shall also provide,
at their own expense, adequate drainage and lighting for the District Parking and the City Parking,
respectively. Additionally, the District shall be responsible for ensuring its students obey the
limitations and restrictions related to the City Parking set forth in this Agreement.
Section 7. Taxes and Other Charges. The parties shall pay any and all taxes,
assessments, fees, utilities, and other public charges or charges in lieu of taxes related to their
respective properties, if any.
Section 8. Duration. The duration of this Agreement shall be from the date of filing
of the Agreement with the Iowa Secretary of State in accordance with Iowa Code Section 28E.8
following approval and execution by both parties, and continue until terminated as provided in
Section 9 of this Agreement.
Section 9. Termination. This Agreement may be terminated by mutual agreement of
the parties. In the absence of mutual agreement, either the District or the City may terminate this
Agreement by giving written notice of termination to the other party at least ninety (90) days
before the scheduled date of termination. Upon termination of this Agreement, each party shall
have sole custody and use of its respective property.
Section 10. Notices. All notices given under this Agreement shall be sent by certified
mail to the following addresses, or such other addresses as may be designated by the parties in
accordance with this section:
To the District: Attn: Superintendent
Waukee Community School District
12 Scott Street
Waukee, Iowa 51503
To the City: Attn: City Administrator
City of Waukee, Iowa
230 W Hickman Rd.
Waukee, Iowa 50263
Section 11. Governance. No separate legal or administrative entity or joint board shall
be created by this Agreement. The District Superintendent or designee shall be designated as the
administrator of the Agreement for purposes of Iowa Code Chapter 28E.
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Section 12. Property. It is not contemplated that any real or personal property will be
acquired for the purpose of carrying out the terms of this Agreement.
Section 13. Liability Insurance. Throughout the duration of this Agreement, the City
and the District shall each carry, at their own expense, liability insurance for protection from any
liability arising out of any accident or other occurrence causing any injury and/or damage to any
person or property upon the Premises due directly or indirectly to the use or occupancy thereof by
the insured. Each party shall be furnished with a certificate of insurance evidencing the required
insurance upon request.
Section 14. Indemnification. To the extent permitted by law, the City and the District
each agree to defend, indemnify, and hold harmless the other party, and the other party’s directors,
officers, employees, and agents, from and against any and all claims, liabilities, damages, losses,
costs, and expenses, including reasonable attorney fees, to the extent arising from the acts or
omissions of the indemnifying party under this Agreement.
Section 15. Parties’ Relationship. The relationship between the parties is that of
independent contract. Neither of the parties, nor their employees or agents, have the authority to
act for or on behalf of the other party unless specifically agreed to in writing.
Section 16. Compliance with Laws. Each party agrees to comply with all applicable
federal, state, and local laws and regulations in connection with the performance of its obligations
under this Agreement.
Section 17. Entire Agreement. This Agreement supersedes all agreements previously
made between the parties relating to its subject matter. There are no other understandings or
agreements between the parties relating to the subject matter addressed herein.
Section 18. Amendments. This Agreement may be amended by the parties at any time
by the adoption of a written amendment by the Board of Directors of the District, and the City
Council.
Section 19. Headings. The headings or captions in this Agreement are for convenience
of reference only and shall not be used to interpret or construe its provisions.
Section 20. Non-Waiver. No delay or failure by either party to exercise any right or
remedy under this Agreement shall constitute a waiver of that or any other right or remedy, unless
otherwise expressly agreed to in writing.
Section 21. Governing Law and Forum. This Agreement shall be construed in
accordance with and be governed by the laws of the State of Iowa.
Section 22. Severability. If any provision of this Agreement shall be declared invalid
or unenforceable, the remainder of the Agreement shall continue in full force and effect.
Section 23. Adoption. Each party represents and warrants that it has duly authorized
the adoption of this Agreement in accordance with applicable law.
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Section 24. Assignment. Neither party may assign this Agreement or subcontract any
of the duties in whole or in part, without the written agreement of the other party.
Section 25. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and permitted assigns.
Section 26. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed to be an original, but all of which together shall
constitute the same instrument.
IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their
respective officers pursuant to full authority granted as of the date first above written.
WAUKEE COMMUNITY
SCHOOL DISTRICT
By: ________________________________
Name: ______________________________
Title: Board President
CITY OF WAUKEE, IOWA
By: ________________________________
Name: ______________________________
Title: ______________________________
01233087-1\13379-000
OWNER:
WAUKEE COMMUNITY
SCHOOL DISTRICT
OWNER:
CITY OF WAUKEE
PROPOSED
IMPROVEMENTS EXHIBIT A: PROPOSED PARKING IMPROVEMENTS WAUKEE MIDDLE SCHOOL
CENTENNIAL PARK
CURRENT SCHOOL
PARKING
OWNER:
WAUKEE COMMUNITY
SCHOOL DISTRICT
OWNER:
CITY OF WAUKEE
PROPOSED
IMPROVEMENTS EXHIBIT B: CITY OF WAUKEE PARKING CITY OF WAUKEE
PARKING
WAUKEE MIDDLE SCHOOL
CENTENNIAL PARK