ITEM 5.1 Otsego Waterfront East- Outlot AE
0 t ego
F o
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR: MEETING DATE:
Legal
City Attorney August 27, 2018
PRESENTER(s)
REVIEWED BY: ITEM #:
City Attorney
City Administrator/Finance Director Flaherty 5.1
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
Within Outlot A, Otsego Waterfront East.
Is a strong organization that is committed to leading the community through innovative
communication.
IS A PUBLIC HEARING REQUIRED?
Has proactively expanded infrastructure to responsibly provide core services.
No
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
City staff recommends approval of the attached Agreement between the City and Evans Park, Inc. for cost
Is a social community with diverse housing, service options, and employment opportunities.
X
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
Adopt Agreement Between the City of Otsego and Evans Park, Inc. Regarding Shared Improvement Costs
Within Outlot A, Otsego Waterfront East.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/J USTI F I CATI O N:
City staff recommends approval of the attached Agreement between the City and Evans Park, Inc. for cost
sharing on a pedestrian bridge across the storm water basin located on Outlot A in Otsego Waterfront East.
The City and Evans previously entered into a Developers Agreement for the Guardian Angels campus
located adjacent to City park land in Waterfront East. In that agreement, Evans agreed to pay for a
structure to provide pedestrian access over the storm water basin on Outlot A. The exact nature of that
structure was not specifically defined in the Agreement. Subsequently, Evans Park entered into
conversations with City employees and the City Engineer regarding what type of crossing would actually be
constructed. Originally, a box culvert structure was discussed.
The costs related to various Park Improvements (including the pedestrian crossing) were presented to the
City Council for consideration at their regularly scheduled meeting on July 23, 2018. Comparative costs
were presented for a box culvert structure and a pedestrian bridge. The difference in those costs was
estimated to be $77,159.00. Both the City Council and representatives of Evans Park agreed that the
pedestrian bridge would be the better option and would benefit both parties. After further discussion
between the City Council and representatives of Evans Park it was decided that the City and Evans would
split the additional cost of the pedestrian bridge over and above the cost for the causeway structure.
The attached Agreement is the written Agreement between the parties which has already been executed
by Evans Park, Inc.
I SUPPORTING DOCUMENTS ATTACHED: I
• Agreement Between the City of Otsego and Evans Park, Inc. Regarding Shared Improvement
Costs Within Outlot A, Otsego Waterfront Park
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to Approve the Agreement Between the City of Otsego and Evans Park, Inc. Regarding Shared
Improvement Costs Within Outlot A, Otsego Waterfront East.
BUDGET INFORMATION
FUNDING: BUDGETED:
Fund #203 — Park Development No
DRAFT- August 14, 2018
AGREEMENT BETWEEN THE CITY OF OTSEGO AND EVANS PARK, INC. REGARDING SHARED
IMPROVEMENT COSTS WITHIN OUTLOT A, OTSEGO WATERFRONT EAST
THIS AGREEMENT made this _ day of August, 2018 by and between the City of Otsego (CITY), a
Minnesota municipal corporation and Evans Park, Inc. (EVANS), a Minnesota nonprofit corporation.
WHEREAS, EVANS had previously agreed to construct improvements including a pedestrian crossing of
that storm water basin located on OUTLOT A, OTSEGO WATERFRONT EAST adjacent to property owned
by EVANS upon which it has constructed a senior living campus identified as RIVERVIEW LANDING; and
WHEREAS, EVANS has met with CITY staff and has explored the possibility of upgrading the proposed
pedestrian crossing from a box culvert to a steel pedestrian bridge; and
WHEREAS, the upgrade from a box culvert crossing to steel pedestrian bridge will increase the cost of
construction by an estimated $77,159.00; and
WHEREAS, both EVANS and the CITY believe that the upgrade will mutually benefit the parties and add
to the attractiveness of RIVERVIEW LANDING and the CITY park on which the pedestrian bridge will be
located; and
WHEREAS, EVANS and The CITY have agreed to split equally the costs of the upgrade from a box culvert
to a steel pedestrian bridge.
NOW, THEREFORE IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. EVANS and CITY shall equally share the final cost of the upgraded steel pedestrian bridge
estimated to be $77,159.00. The Final cost of the upgrade shall be determined after actual
construction of the steel pedestrian bridge. The actual final cost minus the estimate for the box
culvert ($111,306.00) shall be divided evenly between the parties.
2. CITY agrees to initially fund the additional costs for the upgrade. Upon completion of the Project
CITY will determine the actual final construction costs for the upgrade to the project and will
transmit that information to EVANS in the form of an invoice.
3. EVANS agrees to pay the invoice for the upgrade costs to the CITY in equal annual installments
over a three year period commencing upon receipt of the invoice. No interest will accrue on the
upgrade costs.
4. CITY may utilize any and all legal remedies available to it under the City Code or State statutes to
recover any costs not paid under this Agreement including legal or administrative costs incurred
as the result of non-payment. Said remedies include assessment of unpaid costs against the
EVAN'S property.
Dated:
EVANS PARK, INC.
By;
Its
Dated:
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk