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HomeMy WebLinkAboutItem 06.e Date: August 20, 2018 Item No. APPROVE FIRST AMENDMENT TO JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR PROPERTY ACQUISITION AND NATURAL RESOURCE MANAGEMENT FOR THE ORCHARD LAKE CONSERVATION AREA Proposed Action Staff recommends adoption of the following motion: Move to Approve First Amendment to Joint Powers Agreement with Dakota County for Property Acquisition and Natural Resource Management for the Orchard Lake Conservation Area. Overview The City and County entered into a Joint Powers Agreement (JPA) on August 7, 2017 for the acquisition of 0.19 acres to protect upland and aquatic habitat and enhance the water quality of Orchard Lake. The parcel acquisition was an addition a 29-acre contiguous undeveloped area (located south of Orchard Lake, between 175th Street and Layton Path) identified for natural resource management and passive recreational use (Orchard Lake Conservation Area). This amendment authorizes the County to provide additional funding in the amount of $920.23 to cover legal fees and settlement costs that exceeded the original estimate. Primary Issues to Consider • The City and County are responsible for 50% of the property acquisition cost (including title work, legal fees and settlement costs) as established by the JPA. The City and County share of the property acquisition cost is $2,220 each. Supporting Information • First Amendment to Joint Powers Agreement (Dakota County Contract C0029218.1) Financial Impact: $0 Budgeted: Y☐ N☐ Source: Related Documents: Joint Powers Agreement (Dakota County Contract C0029218) Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Zach Johnson, City Engineer Contract No. C0029218.1 AMENDMENT NO. 1 TO THE JOINT POWERS AGREEMENT BETWEEN COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR PROPERTY ACQUISITION AND NATURAL RESOURCE MANAGEMENT FOR THE ORCHARD LAKE CONSERVATION AREA WHEREAS, effective August 7, 2017, the County of Dakota (County) and the City of Lakeville (City) entered into a Joint Powers Agreement (JPA) for the provision of services related to the Orchard Lake Conservation Area (referred to in the Agreement as the “Conservation Area”); and WHEREAS, the JPA provides that any amendments shall be valid only when expressed in writing and duly signed by the parties; and WHEREAS, Jerald A. Johnson, 212 4th Avenue, Keystone, IA 52249 (referred to in this Agreement as “Johnson”), owned a 0.19-acre undeveloped parcel of land (parcel identification number 19-46901-08-060) within the Plat as generally depicted in the attached Exhibit A; and WHEREAS, the County contacted Johnson about his interest in selling his property to the City and he agreed to sell the parcel for the current tax assessed market value; and WHEREAS, the associated legal and settlement costs to acquire the Johnson parcel exceeded the original estimate and required additional funding from the City and County. NOW, THEREFORE, it is agreed that the City and County will enter Amendment No. 1 to the JPA, as described by the following sections: 1. Acquisition of the Johnson Parcel The City executed a purchase agreement with Johnson that included the following components: A. Due Diligence The County completed an Environmental Assessment of the Johnson parcel and shared the results with the City. B. Parcel Acquisition: The City acquired parcel identification number 19-46901-08-060 from Johnson for $1,100. C. Cost Share: The City will be responsible for up to an additional $920.23 and the County will be responsible for up to an additional $920.23 for the total legal and closing costs for acquiring the Johnson property. 2. Natural Resource Management The County and City will include the Johnson parcel in the NRMP for the Conservation Area according to responsibilities described in the Agreement. 3. Agreement and Restrictive Covenant The City and the County agree that each will execute, and the City agrees that it will cause to be recorded at its own expense contemporaneous with the acquisitions of the Johnson parcel, an agreement and restrictive covenant for this parcel in which an interest is acquired in part using County reimbursement of funds. It is the purpose of the agreement and restrictive covenant to limit the right of the City to convey or encumber land acquired with County funds without the consent of the County and to ensure that the land is maintained in compliance with the NRMP and devoted to conservation and passive recreational use by the public. The reimbursement of funds by the County to the City, as described in Paragraph 4 below, is contingent upon the County first receiving a copy of the recorded agreement and restrictive covenant and deed for the subject parcel. 4. Payment The City will act as the paying agent for the costs of acquiring the Johnson parcel. The City, in turn, will invoice the County for the County’s share of the costs. Upon presentation of an itemized claim by the City to the County, together with a copy of the recorded deed and agreement and restrictive covenant for the subject parcel by the City to the County, the County shall reimburse the City for its share of the costs incurred under this Agreement within 45 days from the presentation of the claim, subject to the availability of funds in the Land Conservation Capital Improvement Program budget. If any portion of an itemized claim is questioned by the County, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 5. Authorized Representatives The following named persons are designated the authorized representatives of the parties for purposes of this Agreement. These persons have authority to administer this Agreement, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing board or council. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE COUNTY: Steven C. Mielke, Director Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE CITY: Justin Miller, City Administrator 20195 Holyoke Avenue Lakeville, MN 55044 6. Amendments All other terms of the Agreement between the County and the City shall remain in full force and effect unless otherwise amended or terminated in accordance with law or the terms of the Contract. In any case where this Amendment conflicts with the earlier agreement, this Amendment shall govern. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. CITY OF LAKEVILLE RECOMMENDED FOR APPROVAL: By Justin Miller, City Administrator Mayor Date By City Clerk Date DAKOTA COUNTY Steven C. Mielke, Director Physical Development Division Date APPROVED AS TO FORM: Assistant County Attorney KS-18-______ Amendment 1 to the JPA Lakeville Orchard Lake Conservation Area Approved by County Board Resolution No.17-590 334-001