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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 1 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 2 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: 3 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. 4 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. 5 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. 6 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