Loading...
HomeMy Public PortalAbout11.15.2022 Work Session Packet Posted 5/29/2009 Page 1 of 1 WORK SESSION AGENDA MEDINA CITY COUNCIL Tuesday, November 15, 2022 6:00 P.M. Medina City Hall 2052 County Road 24 I. Call to Order II. Motion to Delegate the Duties to Preside over the Meeting to Council Member DesLauriers III. 340 Clydesdale Trail Concept Discussion with Wellington Management IV. Hamel Athletic Club (HAC) Agreements Discussion V. Adjourn Posted 11.09.2022 Mayor Kathleen Martin will participate in the meeting virtually from Salt & Stone Restaurant located at 9900 Sonoma Hwy, Kenwood, CA 95452. 340 Clydesdale Trail Page 1 of 2 November 15, 2022 PUD/Layout Discussion City Council Work Session TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: November 8, 2022 MEETING: November 15, 2022 City Council Work Session SUBJECT: 340 Clydesdale Trail – Medina Clydesdale Marketplace – PUD Discussion Background During this summer, the City provided comments on a concept plan review proposing certain amendments to the Medina Clydesdale Marketplace Planned Unit Development (PUD) related to 340 Clydesdale Trail, the last vacant lot in the commercial development. The applicant proposed to develop a building for a State Farm agency. The City Council did not express support for the proposed changes to the PUD, expressing interest in a development pattern which would support more of a retail or food service type of use. The Council expressed interest in engaging in additional discussions to find ways to support development more in line with this vision. Wellington Management, who purchased the property and some of the other nearby sites within the development from Ryan Companies, expressed an interest in discussing with the Council. Attached is a letter and supplemental information from Wellington Management describing background and their perspective on the discussion. Existing PUD General Plan The PUD General Plan identified 3200 square feet of retail with 37 parking spaces on the site. The plan shows parking along the east and north of the building, which significant space occupied with drive aisles on three sides of the building. The layout was intended to have ingress from the east, with a one-way exit along the west of the building. Staff believes the layout appears to be based on some sort of drive-thru service. However, a drive-thru was explicitly not permitted on the lot within the PUD. Additionally, Wells Fargo and the original developer requested approval to make the Wells Fargo driveway one-way to the south, which makes it no longer possible to get into the subject site along the east. Staff believes these factors make development of the site as shown on the original PUD challenging. The original PUD established guidelines for applicants and staff to utilize during the development phase of each lot. The guidelines encourage pedestrian-friendly design, greenspace, architecture, building materials, trails, and signage. The guidelines also describe water features and drainage systems. The Guidelines are attached for reference. It is important MEMORANDUM Work Session Agenda Item #3 340 Clydesdale Trail Page 2 of 2 November 15, 2022 PUD/Layout Discussion City Council Work Session to note that many of the guidelines have more to do with the overall development, but some are more specific to sites. Adjacent buildings within the development are located close to Clydesdale Trail, with parking behind the building. This is the case for Goddard, Wells Fargo, and the multi-tenant building to the southeast. The original layout of the subject site also intended for parking to not be located between the building and Clydesdale Trail. The 37 parking spaces far exceeds the City’s minimum requirement for this amount of square footage. Staff believes it is reasonable to include less parking spaces for 3200 square feet of retail. Alternative layouts with more efficient circulation layout would support additional square footage as well. Potential Discussion Topics After reviewing the material and hearing from Wellington Management, the City Council may wish to consider discussing the following topics: Preferred use The Council can discuss preferred uses for the subject site. There may be changes to the layout which would be more likely to encourage and support different uses. Increased Building Size Staff recommends that Council discuss whether there is support for a larger structure on the site. As noted above, staff believes adjustments to the layout and amount of parking could be made which would support a larger building. Layout Adjustments Council can provide feedback on the type of adjustments may be supported for the development on the site. Information from the applicant summarizes potential layouts which have been considered on the site in the past. Specifically, it may be helpful for the Council to discuss whether it may support parking in front of building. This layout may reduce the amount of site which would be occupied by driveway/circulation and allow more building square footage and parking. Parking in front of the building would be different from other lots on the west end of the development and may not support pedestrian connectivity. Attachments 1. Information from Wellington 2. Medina Clydesdale Marketplace Guidelines 3. PUD General Plan Layout Medina City Hall 2052 County Road 24 Medina, MN 55340 To: Mayor Martin, Councilmember Albers, Councilmember Cavanaugh, Councilmember DesLauriers, Councilmember Reid Re: Work Session discussing development of 340 Clydesdale Trail Thank you so much for allowing the Wellington Management, Inc. team a chance to meet with the Mayor and City Council. We hope to discuss how best to develop the parcel of land located at 340 Clydesdale Trail, also known as Block 1, Lot 4 of the Medina Clydesdale Marketplace PUD. In attendance at the work session will be WMI’s CEO Steve Wellington, Property Manager Joe Housman, and Associate General Counsel Tim Lovett. Included with this letter are: • Wellington Management, Inc.’s brochure for the lease or sale of 340 Clydesdale Trail • Five plans and images showing potential designs for the parcel. • A Timeline of PUD zoning adjustments and attempts to develop 340 Clydesdale Trail • A Property Tax Comparison between 340 Clydesdale and three adjacent parcels We are excited to meet and discuss our team’s experience attempting to develop 340 Clydesdale Trail. We hope to come away from this work session with a mutual understanding on how best to approach the development of this parcel in a way that pairs the aspirations of the City Council with the economic and market conditions Wellington Management experiences in trying to develop it. The City Council has expressed in the past its desire to see 340 Clydesdale Trail developed into an asset that meets the needs of the citizens of Medina and adds to the character of the town. WMI would like nothing more than to find a suitable user to meet those needs. At this time, the Clydesdale Marketplace PUD allows for the construction of a 3,200 square foot retail space. If any development will deviate form that plan, the Mayor and City Council will need to approve an amendment ahead of time. Therefore, we hope to discuss what sort of user would be approved. WMI purchased the following parcels of Medina Clydesdale Marketplace in 2013 from Ryan Companies US, Inc., as shown to the right: • Block 1, Lot 2 • Block 1, Lot 4 • Block 2, Lot 1 • Block 2, Lot 2 • Outlot A • Outlot B Since purchasing these parcels, WMI oversaw the sale and development of the Goddard School at Block 2, Lot 1, and has made attempts to sell, lease, or develop 340 Clydesdale Trail. In 2016, a restaurateur expressed interest in developing a mixed used property that would have housed a restaurant on the ground floor, and a server cluster on the second floor. In order to make this arrangement feasible, the potential buyer retained an architect to develop a price chart and development timeline for planning an expansion of the parcel and of the parking lot extending over the adjacent wetland. The quoted total cost in 2016 was at a minimum $25,900 to create the engineering plans and necessary approvals for the project. This cost, as well as the financial pressures of construction of such an arrangement, lead the buyer to terminate the agreement. In 2021, the Goddard school expressed interest in the property, but instead elected to pursue a new development in Minnetonka, as it was not sure how to accommodate its secondary building within the PUD development guidelines. Most recently, in 2022, Kyle Vitense, owner and operator of a State Farm Insurance office, had entered into a purchase agreement with WMI for the sale of the land. His plan called for a single-story building that would have officed seventeen employees and provided meeting space and amenities for clients and colleagues. At this time, Mr. Vitense is exploring other options for his office. WMI owns over one hundred buildings and properties in the metro area, and leases to over six hundred commercial tenants in retail, office, and industry buildings – we are always interested in finding what a community wants, and what it will support for the long term. It is always our intent to develop properties as long term anchors in their communities, and know that working with the Medina city government we can develop a solution for a 340 Clydesdale. Thank you, Wellington Management, Inc. Clydesdale Marketplace 302-318, 325 Clydesdale Trail Medina, MN 55340 Joe Houseman 651-999-5515 jhouseman@wellingtonmgt.com • Home to Caribou Coffee, Dollar Tree, Kalla Lilly Spa/Salon, Verizon Wireless, among others • Shadow anchored by Target and Wells Fargo • Surrounded by rapid residential development growth, second fastest-growing city in Minnesota (2021) • Adjacent to the Highway 55 and County Road 101 intersection (25,000 VPD) • Excellent visibility from Highway 55 HIGHLIGHTS Fully Occupied Owner, Manager, Leasing Bldg 1: 27,100 SF in-line retail Bldg 2: 6,000 SF pad retail 200 surface stalls, 6.1 : 1,000 SF Built in 2006 Northwest Metro MPLS One-stop shopping for our northwestern neighbors. Clydesdale Marketplace is a 200,000 SF community shopping center exceptionally located on the heavily traveled intersection of Highway 55 and County Road 101 in Medina. Developed in 2006, Clydesdale Marketplace consists of two buildings, of which Wellington owns and manages in-line retail space (27,000 SF), a pad building (6,000 SF) and a 0.75-acre outlot. Wellington sold a second outlot to the highly acclaimed Goddard School (opened in 2020). The in-line retail component is attached to a Target store (134,000 SF), and the second building is a highly visible multi-tenant pad building next to Highway 55. The diverse local community- serving tenant mix makes for a convenient one-stop shopping experience. Site Plan N Site Plan Clydesdale I Clydesdale II Monument Sign Monument Sign Target owned property subject to the OEA Target StoreOutlot 0.75 acres The Goddard School of Medina Wells Fargo The Neighborhood Hot Spots 1. Clydesdale Marketplace 2. Medina Township Golf & Country Club 3. The Goddard School 4. Medina Entertainment Center 5. Medina Inn 6. Medina Townhomes 7. Medina Ridge Condos 8. CrossFit Medina N 1 MILE AWAY 2,997 Population 1,071 Households $172,423 Avg. Income 38,841 Population 12,335 Households $160,717 Avg. Income 96,988 Population 36,003 Households $146,887 Avg. Income 3 MILES AWAY 5 MILES AWAY Demographics 1 2 Highway 55 35,500 VPD 354 5 milesto 494 6 7 8 St. Paul-based Wellington Management, Inc. owns, manages and develops commercial and residential properties throughout the Twin Cities metro area. We work to make long- term community impact through careful district planning and neighborhood relationships. PROPERTY MANAGER LEASING AGENT Joe Houseman 651-999-5515 jhouseman@wellingtonmgt.com Main (651) 292-9844 Fax (651) 292-0072 wellingtonmgt.com Wellington Management © 2021 All rights reserved. Clydesdale Marketplace 302-318, 325 Clydesdale Trail Medina, MN 55340 1 Potential Parking Design Plans for 340 Clydesdale Trail Figure 1. A forty-seven stall plan serving a 5,003 square foot building. Entrance and exit are shared in a single driveway. 2 Figure 2. A thirty-one to forty-three stall parking lot, serving a 4,998 square foot building. The greater stall number is created by expanding the property. Entrance and exit are separate, with exit merging into the Wells Fargo drive-thru lane. 3 Figure 3. A twenty-four stall lot serving a 5,000 square foot building. Entrance and exit are each one-way and separate. 4 Figure 4. A fifty-eight stall parking lot serving a two story building with a 3,851 square foot footprint. This design is contingent on the expansion of the property line. Expansion of parcel shown in yellow, which would extend out over the established wetland. Features two shared entrances and exits. Timeline of 340 Clydesdale and PUD Development • 2005: Creation of PUD, Resolution No. 2005-55 o 340 Clydesdale is defined as “Block 1, Lot 4” o 340 Clydesdale is zoned PUD-UC, planned for 3,200 square feet and labeled ‘Retail’ • 2006 - PUD Amended for Wells Fargo, Resolution No. 2006-74 o City Council amends the PUD to allow for the construction of a Wells Fargo Bank at Lot 1, Block 1 of PUD o City Council changes the building square footage and re-orients the drive thru lanes • 2007 - PUD Amended for Caribou Coffee, Resolution No. 2007-10 o City Council amends PUD Block 2, Lot 2 for the construction of Caribou Coffee o Adjusts use from retail to restaurant, square footage, and re-routes drive thru • 2013 - Sale of Properties from Ryan, Co. to Wellington Management, Inc. • 2015: PUD Amended for Goddard School, Resolution No. 2015-58 o City Council amends PUD Block 2, Lot 1 for the construction of Goddard School o Adjusts use from restaurant to school, adjusts square footage, parking and drive thru • 2015: WMI attempts to sell 340 Clydesdale to Kal Stay for mixed use development o Development plan was for a restaurant with an office space above  Ground Floor: Restaurant was 100-130 seating capacity  Second Floor: Office Space would be one employee operating a server cluster o Potential buyer terminated because of financial concerns, market concerns, and parking limitations o This is the last time a restauranter has expressed interest in the Out Lot • 2021 - Goddard School declines to pursue a sale from WMI for the out lot o Goddard school was interested in 340 Clydesdale, but eventually declined o Goddard instead opted for a Minnetonka location • 2022 - State Farm Sale o Kyle Vitense sought to build a 17-employee office space for his insurance brokerage o Is now pursuing other properties outside of Medina for his building Property Tax Comparison ADDRESS SIZE 2022 MARKET VALUE TOTAL PAYABLE TAX 2022 1. VACANT 340 Clydesdale Block 1, Lot 4 0.75 acres $400,000 $14,107.80 2. GODDARD SCHOOL 345 Clydesdale Block 2, Lot 2 1.23 acres $1,601,000 $48,218.66 3. WELLS FARGO 330 Clydesdale Block 1, Lot 3 .74 acres $1,298,000 $38,782.26 4. CARIBOU COFFEE 325 Clydesdale Block 2, Lot 2 1.18 acres $1,515,000 $47,181.96 1 3 2 4 Clydesdale Marketplace Development Guidelines  Overview As a gateway to the City of Medina this development blends retail and hospitality uses. The project maintains some features of the natural site and seeks to create new, attractive design and landscape features that will complement the City of Medina. · Nature o Color palette drawn from the Autumn season. o Provide opportunities for walking paths. throughout the site. o Create places to relax and gather. o Utilize wetlands and stormwater as an amenity with ponds and water features. · Preservation o Maintain some of the significant trees and wetland area. · Community o Provide a pedestrian scale development that reinforces a downtown “commercial node” experience. o Create a hierarchy of spaces for commuters and shoppers, and residents that slows the pace of traffic and experience as you travel through the site. Clydesdale Marketplace Development Guidelines  Introduction This retail development in Medina, MN is proposed by Ryan Companies US, Inc. This document is created to help direct design solutions and define character for this project. It is also intended to provide concepts for future development. Purpose The primary purpose of Development Guidelines is to set basic parameters, describe preferences and illustrate design intent. These guidelines serve as a framework within which creative design can and should occur. There is no one prescribed solution, but many options that can meet the basic requirements and intent of this document. Application The format and content of these guidelines are specifically tailored for use as a reference workbook for both the retail center and outlot development. It outlines issues and recommendations that apply to the entire project area as well as highlights specific guidelines that apply to each parcel. Implied Responsibility All participants in the development of this project area must recognize the local and community impacts of this project and the various systems that play an important role. Each building must fit within the context of the entire plan. Individual projects must complement, not compete with, adjacent development in terms of public space, walk and trail connections, stormwater management solutions, street layout, parking strategies, land use mix and building design. Development Guidelines Overall Guidelines There are a number of guidelines that apply to the entire project including recommendations for stormwater management, streets, land use, parking, and other development components. Many of these overall project guidelines overlap, or are integrated with one another. For ease of discussion they are categorized according to a list of layers, similar to those on a master plan map: · Context – local, city, regional. · Water Management – surface water features, stormwater management. · Green Structure – trails and open space. · Land Use Mix – preferred uses, horizontal mixed use. · Streets and Blocks – access and circulation. · Architecture – built form, character of development. · Parking Strategies – quantity, location, type. · Transit – automobile, bus, other options. The proposed and future design solutions for development within the project area, must demonstrate an understanding of the interplay between these layers. Clydesdale Marketplace Development Guidelines  Context Although unique to Medina, the project is not intended to be a stand alone district within the City; instead, will be a part of, and connect with a variety of local, city-wide and regional systems. Guideline Recommendations To ensure that the Project takes full advantage of local and regional systems, development should: · Provide safe, easily recognized connections to city, and county trail corridors. · Make provisions for city and regional transit service and amenities and encourage their use. · Integrate with and complement the existing (and future) street framework. · Become an integral part of the city and county drainage/ stormwater management plan. Examples Open space will be easily accessible to all residents and people who work or visit the area. · Bikeways and pedestrian routes in the project must be designed for safety and ease of access. · Overall project design (and all future development within the project area) should accommodate stormwater within each new project, and highlight stormwater as an amenity. Clydesdale Marketplace Development Guidelines  Water features and drainage systems are essential components of the project. The potential mix of ponds, wetlands, fountains will provide focal amenities within the framework of an environmentally responsible, visually pleasing strategy to manage stormwater. Water elements are not intended to be separate stand alone features, but instead should be integrated with the variety of green spaces, trails, public open space, and gathering areas. Guideline Recommendations Water Management guidelines not only define the overall role and character of public space, but also encourage each development parcel to address the following: Water Management · Create signature water features (ponds, fountains, wetlands, etc.) as major visual amenities. · Promote high quality, creative and appealing aesthetics for all components of the water systems. · Integrate stormwater management components (meeting both water quality and quantity requirements). Example Integration of water and landscape, design creativity, use of quality materials and safety concerns are the critical objectives to be met. Water feature design should include both natural and informal forms (such as ponds) and should explore creative ways to integrate wetland/ rain garden landscapes with active urban spaces. Clydesdale Marketplace Development Guidelines  The overall design framework of the project creates a system of links between open spaces and wetlands via pedestrian trails. Of equal importance is the contribution from each use and each element of the development to this network of connections and green space throughout the project. Guideline Recommendations Green Structure guidelines encourage the following: · Work with the City to create an integrated system that links with existing city and county trails and open space networks. · Encourage the development of inviting, innovative and usable green space as integral parts of overall development. · Integrate stormwater management components (meeting water quality and quantity requirements) within the development. Together, the system of public and semi-public green space will result in a welcoming public realm throughout the new development. Green Structure Examples Based on the Concept Plan for the project, a variety of green spaces is proposed including: · Elements such as green areas, plazas, and seating areas characterize a pedestrian- oriented environment. · Green space should connect with other open space elements, providing a focal point for activity and a sense of place. Clydesdale Marketplace Development Guidelines  The Concept Plan identifies the proposed mix and the approximate location of the various land use types for the project. Together with the Zoning Code, these guidelines focus on the following overall objectives: · Promote an interesting mix of building styles, scales and massing over the different parts of the project. · Support creative, innovative, high-quality design solutions as the benchmark for success. · Integrate pedestrian connections through out the project. · Provide a variety of commercial types of development. Examples · Buffer and transition different parcels by use of landscape features. · Create areas for large-scale, auto-related uses, separate from smaller scale formats to provide varied user experiences. · Utilize the existing topography and landscape features to the best extent possible. · Uses shall promote pedestrian friendly streets, and configurations to control vehicular traffic. Land Use Mix Clydesdale Marketplace Development Guidelines  Streetscape Entrances to the project must balance a high level of service for the automobile with attractive and inviting amenities for the pedestrian including: · Provide gracious sidewalk width to invite pedestrian traffic. · Install street trees within tree grates in sidewalks and pedestrian plazas to frame and provide shade. · Provide street lighting that meets all safety standards and design criteria, while maintain the unique character for the project. · Provide bollards for pedestrian safety and building security, where appropriate at street corners, building entries, and other sensitive locations. Lighting may be integrated in to the street corner bollards to provide additional safety and as a night time visual element. Streets & Blocks The Concept Plan defines a specific strategy for the layout of the retail center and the outlets. The size, type and configuration of this street hierarchy is based on a combination of projected traffic volume, existing and future road connections, level of service at intersections, adjacent land use and desired aesthetic character. The project encourages a mix of large and small floor plates, accommodating auto-oriented uses. This suggests even greater attention be paid to public realm and streetscape improvements that not only accommodate vehicles, but also invite bicycle and pedestrian traffic. Surface parking areas provided through out the project with convenient access to storefronts, but present an additional challenge to the overall visual character and aesthetic appeal of this area. While green space is identified in the project, focus on gathering spaces and wide sidewalks are necessary. A consistent and attractive streetscape is also essential. Public realm and streetscape guidelines include the following. Public Realm Public Spaces should: · Focus on pedestrian connections and small gathering areas. · Encourage a balance of hardscape with landscape; a mix of pavements with plantings. · Provide small urban plaza integrated with building entries or taking advantage of shared space between buildings and outlots. · Promote safety and security in all design solutions, including landscape lighting, views into the site and accessibility. · Provide seasonal interest and color; promote quality materials and finishes. Clydesdale Marketplace Development Guidelines  Buildings make a significant contribution to the first impression of the project. Buildings form gateways at the major entries into the site, architectural elements and choice of materials convey a certain character and the scale or massing of structures begins to define the feel or experience of this place. The overall design and specific details of the buildings should make the project unique, inviting and memorable. Architecture guidelines include the following: Building Design, Character and Expression · Provide a variety of building types and styles expressed both in large scale (overall building) and small scale (design details). · Promote interesting, animated architectural features without being thematic or artificial – faux decorative elements are discouraged. · Promote 4-sided architecture at the outlot avoiding large, unarticulated side and rear elevations. · Emphasize important nodes by placing distinctive architectural elements or interesting facades at these prominent locations. Scale, Proportion and Building Height · Provide a variety of building heights, perhaps related to changes in use or at demising walls – retail buildings should express 12 to 14 foot floor heights. · Articulate front façades with projections and recesses. Street Presence · Emphasize pedestrian experience with architectural features at street level – canopies, material details, decorative light fixtures. · Encourage a variety of color, texture and materials to complement other streetscape elements and buildings within the project. · Conceal service entries, loading facilities and mechanical services from view. Architecture Windows and Doors · Optimize glass openings for ground level front facades in the village. · Provided recessed entries. · Use lightly tinted glass for all windows and doors where reasonable – mirrored, reflective glass or highly tinted glazing is not allowed. Materials · Provide a diverse mix of materials, applied in a variety of proportions, exposures, and detailing within a block or along a street. · Encourage durable, high-quality materials – local sources if available. · Main building facade and the sides facing internal streets shall use a minimum of 35% Class I building materials. Clydesdale Marketplace Development Guidelines  Architecture Guideline Recommendations Of all the layers that combine to form the project Concept Plan, architecture will typically be the most prominent component. Both visually and physically, architecture plays a major role in defining the overall design character and mix of uses. It is crucial that the design and location of buildings address these architectural guidelines with specific emphasis on the following: · Promote a variety of building types, including a range of height, scale and proportion, that supports an integrated mix of shopping destinations, food venues, service businesses, and other proposed uses. · Provisions for handicapped accessible facilities shall be provided as required by Minnesota state law. · Exterior materials and finishes shall be durable, non-combustible, and should convey a sense of consistency between adjacent buildings. All sides of buildings that face streets and driveways should have the same level of architectural detail. Material changes should not occur at interior or reverse corners or external corners. The exterior finish of buildings should be shall have at least 30% of the following materials: • brick • natural stone • granite • glass • metal panels • specialty concrete • opaque panels • masonry stucco • decorative concrete, precast concrete panels, and architectural rock face CMU may be used, provided the panels do not exceed 70% of exterior materials* • up to 20% may be wood, anodized aluminum or similar ornamental metals and my be used as an accent material if appropriately integrated into the overall building design * Decorative concrete includes concrete that is: 1) burnished to create a terrazzo appearance, 2) professionally colored and patterned ti create a high quality earth tone brick appearance, 30 professionally colored and patterned to create a high quality white earth tone or stucco appearance (not EFIS), 4) professionally colored and patterned to create a high quality travertine appearance. · Storefronts will be aluminum framing and glass as required by code. Tenant’s frontage will include storefront expanses in accordance with the City approved PUD design guidelines. At least 60% of the linear length of street-facing facades must contain windows and doors. · Minimize the impact of all mechanical equipment as viewed from ground level. Mechanical equipment located on the roof or around the perimeter of a structure shall be screened by a raised parapet, by comparable and compatible exterior building materials, or painted to complement the building materials in order to diminish its impact. · The site shall have asphalt paving at parking areas and driveways. The periphery of parking and driveways shall have poured in place concrete curbing. Clydesdale Marketplace Development Guidelines 0 · Site lighting shall be dark skies compliant and in accordance with current ordinances. The rear facades of buildings shall have lighting at entrances only to help minmize the impact to neighbors. Light fixtures shall be downcast, cut off type units, concealing the light source from view and preventing glare. Uniformed ornamental street lighting shall be used to integrate the Clydesdale Marketplace with the downtown Hamel lighting. Minimum light levels shall be .9 foot candle at general parking and pedestrian areas, as well as, 1.0 foot candle at vehicular use areas. · All exterior loading and service areas must be completely screened from ground level view from adjacent streets, except at driveway access points. The trash area adjacent to the premises shall consist of a concrete slab and screening that is integral with the building. · All areas of land other than occupied by building, parking, or driveways shall be landscaped with sod, mulch, and/or rock material in planting beds. Provide understory trees, shrubs, flowers, and ground covers deemed appropriate for a complete quality landscape treatment of the site to comply with City ordinances · No sign, symbol, or advertisement shall be placed or maintained on the exterior walls of, or above, the premises except signs complying with the City’s PUD sign ordinance. All signs shall have individual back illuminated letters unless otherwise approved. Color to be selected by the tenant. Internally illuminated, individual channel letters shall mounted directly to the facade or to a raceway that matches the building sign band color. Balancing the realities of car-related necessities (streets, parking and so on) with potential for future transit service, along with the desired character of the project is a significant challenge. The goal is to provide adequate parking; both quantity and Architecture Clydesdale Marketplace Development Guidelines  Parking location, while promoting creative strategies that support the overall needs of the project and the community. Guideline Recommendations Parking guidelines encourage the following: · Utilize a combination of landscaping and landform to screen parking areas from major streets and important views (Highway 55) · Create strategies for shared parking between adjacent uses, taking advantage of peak and off-peak cycles, business hours, night time activities, special events and other needs · Provide locations for bicycle storage throughout the project area at appropriate locations · Explore various landscape approaches to soften parking area edges, provide shade, integrate native plantings, offset islands and other ideas to reduce the visual impact of parking areas The project is designed to be transit ready in a way that provides a walkable public realm and a connected street system. The Concept Plan recognizes the importance of providing transit options other than the typical car. Clydesdale Marketplace Development Guidelines  Transit Guideline Recommendations Transit is an important component to the overall plan, with expectations for car trips to increase. It is a goal of the developer to promote transit use, based on the following guidelines: · Understand and take advantage of opportunities to use existing and proposed transit components. · Provide facilities specifically linked to uses and character including signage and lighting for way- finding and bicycle amenities. · Provide for future connections for bus and transit links. Overview The Master Plan identifies four distinct, but connected HAC Contract Page 1 of 3 November 15, 2022 Hamel Legion Park City Council Work Session TO: Mayor Martin and Members of the City Council FROM: Public Works Director Steve Scherer and Planning Director Dusty Finke DATE: November 9, 2022 MEETING: November 15, 2022 City Council Work Session SUBJECT: Hamel Athletic Club Contract – Hamel Legion Park Background During recent discussions related to construction of the grandstand in Hamel Legion Park, the City Council expressed interest in reviewing the contract with Hamel Athletic Club (HAC) for use of Hamel Legion Park. The 2022 contract is attached. Staff has reviewed and also had introductory discussions with HAC related to changes which may be anticipated. Summary of Key Provisions Contractor: Hamel Athletic Club The contract is with HAC, but HAC has indicated that they intend to coordinate with the Hamel Hawks as a “Subcontractor” as described within the agreement. The proposal is that the Hawks would not have a separate contract, but would pay through HAC. The Hawks would be required to provide their own insurance as a subcontractor. Use of Fields HAC would be provided use of all of the fields in Hamel Legion Park and the field in Hunter Lions Park from 4-9 p.m., Monday-Friday, from April 1-October 9. There are provisions in the contract for use of the open field area in the southwest portion of Hamel Legion Park, but HAC has indicated they are unlikely to need that area once Hunter Lions Park is usable. HAC’s primary activities are Monday-Thursday, and staff was curious if there would be an opportunity to discuss the opening up some Friday evenings during the season. Staff invites Council feedback. Fees/Rental Rates for 2022 were set at $3800+$4/participant. In 2022, there were 677 participants reported, which amounted to a total of $6,508. These costs are intended to cover a portion of the costs of the City’s operation of the fields. Most significantly, the City contracts for a number of additional services which largely benefit the user of the fields: •1 extra mowing per week, April-June •Cleaning of the concession building and restrooms •Portable toilets for the fields MEMORANDUM Work Session Agenda Item #4 HAC Contract Page 2 of 3 November 15, 2022 Hamel Legion Park City Council Work Session These costs have increased significantly in recent years, and staff does not believe the contract costs have kept pace. For example, staff estimates just the extra mowing is now over $10,000/year. Staff has notified HAC that the fees will need to be increased significantly and HAC representatives have acknowledged cost increases warrant adjustments. Additionally, HAC has requested that the City consider additional cleaning and garbage removal from the fields (increase from once per week, to twice per week) and have indicated that they would pay for those increased costs. Staff is still collecting these costs, but intends to recommend increasing the contract cost accordingly. It should be noted that there are additional costs for operating, managing, and administering the park and the fields, as well as utilities. Additionally, providing exclusive use of the fields to one organization for the season limits other opportunities. In terms of capital, staff believes it is fair to conclude that HAC has contributed toward significant improvements to the park over time, rather than depreciating the facilities. It is important to balance these factors with the recreational opportunities provided by HAC for Medina residents. Although a significant majority of the children in the program are from other communities, the organization does provide the opportunity for Medina residents, including staffing, volunteers, etc. Parking and Programming There was a significant amount of discussion during the review of the grandstand related to traffic, but especially parking during HAC activities. Staff recommends that a provision be added to the contract which requires HAC to take diligent efforts, to the satisfaction of City staff, to limit parking on nearby residential streets. Staff recommends against including specific provisions within the contract, so that flexibility is provided to implement different practices as the circumstances demand. Language could be similar to “The Contractor shall make diligent efforts, to inform its users that parking on nearby residential streets, including, but not necessarily limited to, segments of Brockton Lane, is discouraged and may be prohibited by local regulations. These efforts shall be consistent with City direction and may include, but will not necessarily be limited to: providing clear, written direction regarding parking in scheduling and advertising materials, email reminders, signage, providing volunteers and/or paid assistance for traffic control, and obtaining approval for additional parking options on nearby private property. The Contractor understands and acknowledges that parking will be monitored by City staff throughout the term of this Agreement and agrees to take additional actions as directed by City staff related to parking, and any failure to do so will be considered a material breach of this Agreement.” Staff intends to engage with the City of Plymouth and the HOA to the east of the park to discuss what practices can and should be implemented. It is important to note that interests are generally aligned with regard to parking. HAC is supportive of limiting or even prohibiting their parking on adjacent residential streets. HAC Contract Page 3 of 3 November 15, 2022 Hamel Legion Park City Council Work Session Staff has had discussions and also had preliminary discussions with HAC on some possible actions. Staff invites discussion on these actions at the work session along with any other possible ideas: • Additional information included in schedules and promotional materials about available parking locations • Email reminders about parking • Additional signage at exit of the baseball field parking lot, directing overflow parking to the north, specifically to the municipal parking lot at 3365 Mill St (and any lots that agree to the parking such as Farmers State Bank). • Additional signage at the municipal parking lot at 3365 Mill St. • HAC to fund extra police time during the early portion of the season to monitor parking, direct traffic, and enforce as necessary. • HAC volunteers to direct traffic to available parking • Whatever level of signage and enforcement the City of Plymouth prefers on adjacent streets. Initial discussions were to start with less aggressive signage such as “No Baseball Event Parking”, with the hope that most people would respect the signage, especially with other actions noted above. More specific and enforceable language could be considered if necessary. Attachment 2022 Contract 1 AMENDED AND RESTATED GROUNDS SERVICES AGREEMENT This Amended and Restated Grounds Services Agreement (“Agreement”) is made this 15th day of March, 2022, by and between the Hamel Athletic Club, P.O. Box 62, Hamel, MN 55340, a Minnesota non-profit corporation (the “Contractor”) and the city of Medina, a Minnesota municipal corporation (the “City”). Recitals 1. The City has been authorized to enter into a contract for grounds services; and 2. The City has approved the contract for grounds services with the Contractor; and 3. The parties wish to redefine the scope of services and terms of their agreement. NOW, THEREFORE, the City and the Contractor agree as follows: Terms 1.0 SCOPE OF SERVICES. The Contractor will perform “grounds services” for the City on all fields on the attached Exhibit A. “Grounds services” will consist of:  Picking up paper, trash, and debris following ball field use. This shall include keeping all dugouts clean and sweeping daily. Individual parties renting the fields will be responsible for cleaning up their own trash and debris, however, the Contractor will be responsible should the renters fail to perform their duties.  Grooming and dragging ball fields for Contractor’s scheduled practices, games, and tournaments.  Chalking ball fields for Contractor’s scheduled games and tournaments.  Preparing fields after rain to get them in playing condition to include getting rid of standing water and use of diamond dry when needed.  Maintaining the lips of all fields and re-edging each field every year as determined by the City.  Maintaining pitcher’s mound and home plate daily for all fields.  Working with the City on rolling the fields once during the contract term, at a time and date designated by the City. In consideration for providing the grounds services, the Contractor shall have the first option for dates reserved prior to March 31st for games and practices taking place between April 1 and October 9, 2022 to schedule and conduct youth baseball and softball practices and games on the Hamel Legion Park fields as defined in Exhibit A (the “Subject Property”). Contractor may also erect temporary back stops if needed for younger youth leagues in the open field areas of Hamel Legion Park as defined in Exhibit A. Contractor will remove backstops by July 31, 2022. Contractor shall be allowed to conduct youth softball/baseball tournaments and unlimited development clinics on the Hamel Legion Park and Hunter Lions ball fields during the duration of this Agreement. 2 Contractor will conduct its team formation tryouts on a weekend or weekends in April. The Contractor will also use these days to do field preparation. All Contractor schedules of activities shall be coordinated and approved by the City’s Staff Liaison. When possible, the Contractor will receive notification 30 days in advance of any events scheduled for the fields, so conflicts can be avoided. The Contractor will provide the City Staff Liaison with an email contact list, to help facilitate this communication. 2.0. TERM. The term of this contract will be from April 1, 2022 to October 31, 2022. 2.01 RIGHT OF FIRST OFFER. Prior to marketing the Subject Property, Areas A, B, C, D, and E per the attached Exhibit A to others at the end of the Term of this Agreement, the City shall give notice to the Contractor that the Subject Property will be made available to others and the terms (including the same number of fields, days and hours identified in Section 3.02 and Section 3.03 of this Agreement) to be contained in any such offer. The Contractor will have the right to accept the terms of any such offer referred to in the preceding sentence by giving the City notice of its election within 30 days of receipt of the terms of the City’s proposed offer. 3.0 COMPENSATION AND USAGE TERMS. 3.01 The Contractor shall provide the City with a $1,000.00 deposit by April 1, 2022 as a deposit for use of the City ball fields and facilities. The City shall retain a portion or all the deposit for actual costs incurred to repair damages to facilities as a result of the Contractor’s use or for costs incurred by the City to perform services which Contractor failed to perform under this Agreement. The City shall return any remaining balance of the deposit to the Contractor within 30 days following termination of the Agreement or at the Contractor’s request, roll the deposit forward for the next season. If additional expenses are incurred by the City in repairs and in the performance of services otherwise obligated to be performed by the Contractor under this Agreement in an amount in excess of the deposit, the City will submit a bill for the difference between the actual cost and the deposit to the Contractor and the Contractor agrees to pay such balance within 30 days of receipt. 3.02 The Contractor shall pay the City in the amount of $3,250.00 for use of the Hamel Legion Park recreational fields (Areas A, B, and C) per the days, times and dates detailed below. Payment shall be submitted to the City by April 15, 2022 • Area A per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 10:00 p.m., April 1st through October 9th, 2022. • Area B per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 10:00 p.m., April 1st through October 9th, 2022 • Area C per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 10:00 p.m. from April 1st through July 9th, 2022. 3.03 The Contractor shall pay the City in the amount of $550 for use of Paul Fortin Field (Area D) per the days, times, and dates detailed below. Payment shall be submitted to the City by April 15, 2022. 3 • Area D per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 10:00 p.m., from April 1st through October 9th, 2022 with the condition that the Contractor will work with the Hamel Hawks’ schedule for shared use of Area D. 3.04 The Contractor shall pay the City in the amount of $0 for use of Hunter Lions Field (Area E) per the days, times, and dates detailed below. Payment shall be submitted to the City by April 15, 2022. • Area E per the attached Exhibit A will not be used in 2022 due to city construction. 3.05 The Contractor will also receive priority for use of the batting cages in Area A and Area B per the attached Exhibit A from Monday through Friday, 4:00 p.m. to 8:00 p.m. from April 1st to October 9, 2022. The Contractor may also use the Hamel Legion Park recreational fields on weekends for training events at no additional cost with the condition that priority would be given to a scheduled group that has paid for a weekend field reservation. Payment shall be submitted by Contractor to the City by April 15, 2022. 3.06 The Contractor shall pay the City $60.00 per field each day for use of the Hamel Legion Park and/or Hunter Lions Park ball fields for youth softball/baseball tournaments. Payments shall be submitted to the City within 15 business days of the tournament completion. 3.07 The Contractor shall pay the City a $4.00 per participant surcharge fee by April 15, 2022 for use of the bathrooms, building utilities, and general facilities to help pay for utilities and building maintenance. The Contractor shall provide the City a roster of participants in their program by April 1, 2022. 3.08 The Contractor shall pay the City $150 each time the Contractor requests that the City conduct a second weekly mowing of the open fields in Area C per the attached Exhibit A. 3.09 If the Contractor fails to pay the City for any of the fees, bills, deposits, expenses, repairs or damages listed in this Agreement by its due date, a 10% late fee will be applied per month of non-payment. 3.10 The Contractor shall have access to store equipment and tools in the field house garage located in Hamel Legion Park Area A per the attached Exhibit A, storage shed located near Area B per the attached Exhibit A, and the storage shed located in Hunter Lions Park Area E per the attached Exhibit A. i) The Contractor shall submit all construction plans to the City and receive approval from the Public Works Director prior to making any changes to the storage area, shelves, or other items in the field house or field house garage at Hamel Legion Park. 3.11 The Contractor shall have access to the Hamel Community Building Assembly Hall for the purpose of youth ball team organizing meetings. The Contractor shall be limited 4 to conducting five organizing meetings for the duration of this Agreement. The Contractor shall schedule these meetings in advance through the City’s rental agent to avoid scheduling conflicts. 3.12 The City will grant the Contractor a temporary sign permit on the premises at Hamel Legion and Hunter Lions Parks at no cost to the Contractor for event and registration signage in compliance with City sign regulations. 3.13 The City shall supply Ag Lime for the inner fields and for the outer tracks around the fields in an amount to be mutually agreed upon by both parties. 3.14 The City shall provide reasonable repair to ball fields upon receiving sufficient notice from Contractor of repair requests and upon sufficient City equipment, materials and labor being available. These repairs are not the grounds services provided by the Contractor, but damages to the ball fields which the Public Works Director defines as arising outside of the responsibilities of the Contractor as defined in this Agreement. 3.15 The City shall provide cleaning services of the Field House bathroom facilities once a week between the dates of April 25 and October 9, 2022. 3.16 The City shall provide a garbage enclosure and garbage and recycling containers at the ball fields and shall coordinate collection at the garbage enclosure once a week between the dates of April 25 and October 9, 2022. 3.17 The City shall provide grass mowing of the ball fields excluding the infields twice a week from April 25 to July 31 and once a week from August 1 through October 9, 2022, or as needed in the area listed as Exhibit A and weed control of the ball fields as needed. To help league play, Contractor requests that the mowing be performed on Mondays and Thursdays (weather permitting), so that grass length does not hamper play. 4.0 SIGN ADVERTISEMENT PROGRAM. The Contractor shall be allowed to sell sign advertisements to area businesses to be placed on the ball field fences or scoreboards in Hamel Legion Park per the following conditions: 4.01 All proceeds from the program must be used for capital improvements within Hamel Legion Park such as ball field lights, irrigation system, dugouts, scoreboards, pitching mounds, etc. 4.02 The Contractor must maintain records of revenues and expenses from sign program and provide records to the City. 4.03 Sign dimensions and materials must be uniform and be approved by the City Staff Liaison. 4.04 Signs may be placed on the scoreboards or outfield fences facing home plate or on the ball field fences facing the walkway toward the field house as long as the signs do not restrict anyone’s view of the fields. No signs may be placed facing Brockton Lane. 5 4.05 Signs will be purchased, installed and maintained by the Contractor. It will be the sole responsibility of the contractor to repair and replace damaged signs and any damage such signs may cause to the fence on the fields of the park. 4.05 Signs will only be allowed to be displayed on the fences in the park during the regular season from April 1 to October 9, 2022. It is the responsibility of the Contractor to remove fence signs by October 9, 2022. 5.0 SALE OF FOOD AND BEVERAGES. The sale of food and beverages during Contractor use of premises is prohibited unless separate agreement or license is granted by the City. 6.0 INDEPENDENT CONTRACTOR. 6.01 Both the Contractor and the City acknowledge and agree that the Contractor is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for the Contractor in connection with this Agreement is also not an employee of the City. The Contractor understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker’s compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. 6.02 The Contractor will supply and use its own equipment and tools to complete the services under this Agreement. 6.03 The Contractor acknowledges that any general instruction it receives from the City has no effect on its status as an independent contractor. 7.0 INSURANCE. The Contractor will maintain adequate insurance to protect itself and the City from claims and liability for injury or damage to persons or property for all work performed by the Contractor and its employees, agents and subcontractors under this Agreement. The Contractor shall name the City as an additional insured under its general liability policy which shall remain in force during the term of this Agreement and shall maintain limits of liability under such policy of not less than $1,000,000 per occurrence and $1,000,000 in the aggregate, issued by an insurance company rated no less than A- by AM Best Company. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is effective. 8.0 WORKER’S COMPENSATION. 8.01 The Contractor will comply, and will ensure that each of its subcontractors comply, with the provisions of the Minnesota worker’s compensation statute as an independent contractor before commencing work under this Agreement. 8.02 The Contractor and any subcontractors will provide their own worker’s compensation insurance and will provide evidence to the City of such coverage before commencing work under this Agreement. 6 9.0 INDEMNIFICATION. The Contractor will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney’s fees) for claims as a result of bodily injury, loss of life, property damages and any other damages arising out of the Contractor’s performance or failure to perform under this Agreement. 10.0 PRIVATIZATION CLAUSE. Contractor agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. 11.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 12.0 ASSIGNMENT. The Contractor may not assign this Agreement or procure the services of another individual or entity to provide services under this Agreement without first obtaining the express written consent of the City. The Contractor shall provide the City with copies of all contracts for assigned or subcontracted services. 13.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 14.0 NO WAIVER BY CITY. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law. 15.0 TERMINATION. The City may terminate this Agreement at any time, for any reason. The Contractor must give no less than a 30 day written notice to the City to terminate this Agreement. The Contractor shall pay the City all sums due and the Contractor shall remain obligated to meet all applicable provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF MEDINA By _ Kathleen Martin, Mayor By Scott T. Johnson, City Administrator 7 HAMEL ATHLETIC CLUB (CONTRACTOR) By Andrew Servi, President 1 HAMEL LEGION PARK CONCESSION SERVICES AGREEMENT THIS HAMEL LEGION PARK CONCESSION SERVICES AGREEMENT (the “Agreement”) is entered into this 15th day of March 2022, by and between the City of Medina, a Minnesota municipal corporation (the "City") and the Hamel Athletic Club, a Minnesota non-profit corporation (the "Contractor"). RECITALS WHEREAS, the City owns the Tom Anderson Fields Four-Plex in Hamel Legion Park (the “Site”) which was constructed for general community recreational use; and, WHEREAS, the City desires to make available the sale of food and beverage concessions (the “Concessions”) as a benefit to the general public at the Site in a City owned field house (the “Facility”); and, WHEREAS, the Contractor submitted a proposal representing Contractor’s professional expertise to provide said Concession services; and, WHEREAS, the City and Contractor wish to specify certain terms and conditions relating to the Site and the operation, maintenance and use of the Facility. AGREEMENT NOW, THEREFORE, in consideration of mutual promises and obligations contained herein, the parties agree as follows. ARTICLE I. CONTRACT DURATION This Agreement shall be in effect from the date of execution of this Agreement through October 31, 2022. The City and Contractor shall meet for a post season review after October 31st of each year to discuss the agreement and the duties of each party to determine if an amendment needs to be made for the next season. ARTICLE II. DUTIES OF THE CONTRACTOR 1. Equipment Approvals. The Contractor agrees to provide Contractor owned NSF equipment, approved by Hennepin County Health Department, for Concessions operated on the Site and in the Facility. 2. Inventory Requirements. The Contractor agrees to purchase and maintain an inventory of Concessions and to provide such Concessions as sale items. The Contractor agrees further to provide other supplies as necessary for proper Concession operations. 2 3. Specific Concessions to be Provided. The Contractor agrees to provide beverages, pre-packaged food, and other refreshments for sale to the general public at the Site. The Contractor shall retain all profit from the concession sales. The Contractor shall submit a general list of Concession items and prices to the City with the understanding that specific items may change throughout the season. 4. Responsibility for Facility. The Contractor will be responsible for any damage to the Site, the Facility and the Facility’s contents. 5. Times and Dates of Concession Services. Concessions shall be open from 5:30-9 p.m. Monday – Thursday during regularly scheduled field use by the Hamel Athletic Club and during weekend tournaments approved by the City, beginning April 1, 2022 through October 31, 2022. 6. First Right of Refusal to Serve Concessions. The Contractor shall have first right of refusal to serve Concessions during the hours of ball field use. If the Contractor is unable to serve Concessions on any given day, a third party may be allowed to provide Concession services at the Facility as long as they first obtain a license through the Hennepin County Department of Health or the Contractor agrees to allow the third party to operate under the Contractor’s existing license. If the third party wishes to use the Contractor owned equipment, the third party will need to submit a $300 damage deposit to the Contractor. The damage deposit will be returned to the third party minus any damages after the equipment has been inspected by the Contractor. It will be the Contractor’s responsibility to remove any Contractor owned equipment that is not being used by the third party and inventory from the Facility when a third party is providing Concession services at the Facility. All Concession services shall comply with all Minnesota Department of Health regulations. 7. Management of Food Concession Operations. The Contractor shall provide trained staff for Concession operations at the Site. The Contractor agrees also to train and supervise all workers and volunteers for proper Concession handling and cleanup. 8. Payments to City. The City waives all rental, connection and utility fees for the usage of the Facility for Concession operations. The Contractor shall pay to the City any remaining fees in accordance with the City’s fee schedule. 9. Compliance with Laws. The Contractor agrees to comply with all City Code requirements, including licensing and permit requirements for Concession operations, and shall abide by the orders and instructions of the City’s designated inspectors. The Contractor also agrees to comply with all local, State, and Federal laws, rules, and regulations that apply to such Concessions, including but not limited to, health and sanitary codes regarding the preparation, sale and storage of food. The Contractor shall, at its own expense, obtain and keep in effect all licenses and permits which may be required by law to operate the Facility. Contractor shall require all volunteers to exercise courtesy and consideration in their relations with the public. The Contractor shall be responsible for the payment of any sales taxes and/or personal property taxes which may 3 be due as a result of the Concession or Facility operations. Neither Contractor nor Contractor’s employees or volunteers shall be considered employees of the City for any purpose. 10. Records and Reports. The Contractor agrees to maintain an internal control system which shall include tracking all revenues and expenditures. The Contractor agrees to provide unaudited financial statements to the City upon request by the City. 11. Clean Up and Area Maintenance. The Contractor agrees to be responsible for daily cleaning of the service area and daily pick up of all trash and debris located within 100 feet of the Facility. All garbage and recyclables shall be properly deposited in the garbage enclosure. The Contractor agrees to occasionally check the restrooms to ensure they remain orderly; this includes restocking soap and toilet paper and emptying garbage containers when needed. The Contractor shall be responsible for the cleaning of all equipment and the removal of all Concession supplies from the Site immediately following the close of the season. ARTICLE III. DUTIES OF THE CITY The City shall supply the Facility with electric, water and sewer utilities. The City shall supply the Facility with the proper cleaning supplies, garbage bags, soap, and toilet paper. The City shall be responsible for regular maintenance to the building including weekly cleaning of the restrooms. The City shall supply the Site with adequate solid waste and recyclable containers. The City shall arrange for weekly garbage and recycling collection by a licensed hauler to be picked up at the garbage enclosure. ARTICLE IV. INSURANCE The Contractor shall be responsible for insuring all of its personal property brought and maintained at the Site. During the performance of services, the Contractor shall maintain the following minimum insurance coverage and name the City as an additional insured: A. Comprehensive General Liability Insurance: $2,000,000 combined single limit with bodily injury limits of not less than $2,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $2,000,000 for each occurrence. B. Workers Compensation Insurance in accordance with Minnesota State Laws. C. Property damage insurance to adequately cover repair and replacement costs for the Contractor’s property. ARTICLE V. INDEMNIFICATION The Contractor shall take all reasonable precautions for the safety of all users of the Site and shall provide reasonable protection to prevent damage to the Site. The Contractor agrees to defend, indemnify, and hold harmless the City, its officials, agents, and employees from and against all claims, damages, losses, and expenses, including attorney fees arising out of or resulting from the performance of Concession operations and services 4 under this Agreement by the Contractor, its officers, employees, members and agents. Nothing herein shall be construed as waiving any statutory limitation on liability available to the City. ARTICLE VI. PRIVATIZATION CLAUSE Contractor agrees to comply with the Minnesota Government Data Practices Act (the “Act”) and all other applicable state and federal laws relating to data privacy or confidentiality. All data created, collected, received, stored, used, maintained or disseminated by the Contractor in performing its obligations is subject to the requirements of the Act, and the Contractor must comply with the requirements of the Act as if the Contractor was a government entity. ARTICLE VII. TERMINATION Either party may terminate this Agreement for any reason by giving a thirty (30) day written notice to the other party. ARTICLE VIII. ASSIGNMENT The Contractor shall not assign all or any portion of this Agreement without the City’s prior written consent, which consent the City may withhold at its sole discretion. ARTICLE IX. GOVERNING LAW This Agreement shall be governed by the laws of the State of Minnesota. CITY OF MEDINA By:________________________________ Scott T. Johnson, City Administrator CITY OF MEDINA CITY COUNCIL By:________________________________ Kathleen Martin, Mayor HAMEL ATHLETIC CLUB By:________________________________ Andrew Servi, President