City Council

MARCH 19, 2013 CITY COUNCIL STUDY SESSION 400 East Military Fremont NE 68025 5:30 p.m. AGENDA 1. Meeting called to order 2. Roll call 3. Recreation facilities collaboration (Mayor and Council Members Bixby, Navarrette, Stange and Johsnon) 4. YMCA Aquatic Center/Memorial Park land consideration (Dave Mitchell/Jerry Rinne) 5. Fremont Commons development (Dave Mitchell/Bruce Nelsen) 6. Use of Christensen Field for Jack Nitz Auction (Larry Gaeth) 7. Adjournment Agenda posted at the Municipal Building on March 15, 2013 and online at www.fremontne.gov. Agenda distributed to the Mayor and City Council on March 15, 2013. The official current copy is available at City Hall, 400 East Military, City Clerk’s Office. The City Council reserves the right to go into Executive Session at any time. A copy of the Open Meeting Law is posted in the City Council Chambers for review by the public. The City of Fremont reserves the right to adjust the order of items on this agenda.  Collaboration Agreement YMCA of Fremont Midland University Fremont Public Schools Archbishop Bergan Schools Metropolitan Community College Dodge County City of Fremont The organizations above acknowledge and agree: • They are separately established organizations and their actions are driven by decisions by their board of directors and executive officers. • While each organization has their own individual mission and purpose, working together we can achieve more. • Recreational facilities are key community components of a living environment that responds to the needs of our citizens today and are essential to attracting and retaining citizens in the future. • There is a critical need to make a sizeable investment in recreational facilities in our community over the next 4 years. • The development of a Community Recreational Plan that all organizations support and devote resources towards its implementation will allow the most efficient and effective use of our finite local resources and will attract regional financial resources towards implementation and will maximize the opportunity to attract regional financial resources in the form of grants and philanthropic donations. • Active collaboration by all the organizations above is in the best interest of the community and necessary for the successful accomplishment of a Community Recreational Facilities Plan. Thus, the organizations above agree to participate in an active collaboration effort and pledge their support and resources to improve the recreational facilities of Fremont. Purpose To develop a Community Recreational Facilities Plan including a defined implementation process and to have all the organizations actively participate in the accomplishment of that Plan over the next 4 years. This agreement should be updated at the end of 4 years. Key Components of the Plan • Commitment by all organizations to open and transparent discourse on the various projects being considered. *Concerns and issues will be addressed in the spirit of collaboration and in the appropriate forum of communication as established by the group. • Commitment that all organizations will be supportive and engaged in the implementation of the Plan throughout the 4 year Plan, even when individual projects are not directly impacting their organization. • All efforts will be made by each organization to support the Community Recreational Facilities Plan. *This includes a willingness to understand that the decisions incorporated into the Plan are intended for the common good of the community and may differ from the initial strategic timeframes of any one organization.  Process 1. A Leadership Group will be formed to facilitate the collaboration process and hold the organizations accountable as to timeframes and responsibilities. This group will be made up of representatives selected by each of the following organizations: the Fremont Public Schools, the City of Fremont, YMCA of Fremont, Midland University, Archbishop Bergan Schools, Dodge County, and Metropolitan Community College. 2. This Leadership Group will develop a Recreational Facilities Plan. 3. The Plan shall include, but not be limited to: a. Identification of all projects. b. Key stakeholders who will drive the project and/or be involved in the project c. Timeframe of projects initiation and completion d. Estimated cost of each project e. Formal and informal relationships that need to be established as part of the individual projects, (City approval or assistance, formal joint use or shared maintenance agreements, etc.) f. Need and/or benefit of each project g. Issues or challenges related to each particular project 4. Each organization representative shall communicate to their respective boards the Plan for their individual board’s approval of support. The Leadership Group shall convene periodic meetings regarding the progress tasks and responsibilities and to identify the future tasks and duties to keep the projects moving forward on the identified timeframe. 6. The key stakeholders of each specific project will be responsible for the fundraising, design and construction of the project and shall keep the Facilities Council updated on progress and project related issues. Resource Commitment to the Collaboration Each participating organization will commit resources to the collaboration. All participating organizations will contribute: • The time and effort required for consistent representation of and participation by the organization on the Leadership Committee; • Agreement to negotiate in good faith; timely and accurately drafting agreements and contracts; • The resources of their organization required to ensure fulfillment of specific commitments described below; Agreement to Coordinate Fundraising Efforts All the undersigned agree that it is in the communities best interest and the best interest of the organizations that fundraising efforts are best exercised in a cooperative fashion and that the likelihood of successful fundraising efforts will be realized if the undersigned collaborate in an organized fashion when seeking resources through fundraising efforts. Realizing that returns on fundraising efforts for the considered projects is likely to be maximized by joint efforts supported by the collaborative group, we the undersigned do hereby agree that we will communicate with each participating organization regarding our individual fundraising efforts on behalf of non-collaborative projects and use our best efforts to avoid conflicts in the timing of fundraising efforts that if conducted at the same time could significantly compromise one or more of those efforts This Agreement is signed by all the parties with the intent to actively collaborate on the Community Recreational Facilities Plan to the best of their ability. This active collaboration does not change or obligate organizations to actions or duties that are not approved by their respective boards. This Agreement does not cause the creation of any formal partnerships. Commitment Page City of Fremont, Nebraska Dodge County, Nebraska ___________________________ _____________________________ Scott Getzschman, Mayor (printed name and title) YMCA of Fremont Midland University ___________________________ _____________________________ (printed name and title) (printed name and title) Fremont Public Schools Arch Bishop Bergan Schools ___________________________ _____________________________ (printed name and title) (printed name and title) Metropolitan Community College ___________________________ (printed name and title)  PURCHASE AND DEVELOPMENT AGREEMENT This Agreement (“Agreement”) is made this ___ day of March, 2013 by and between the City of Fremont, Nebraska (“City”) and the Young Men’s Christian Association of Fremont (“YMCA”) on the following terms and conditions. Preliminary Statement A. The City of Fremont is a city of First Class in Dodge County, Nebraska with an area population of approximately 26,400 citizens; B. The YMCA is a non-profit health and wellness facility located at 810 N. Lincoln Ave., Fremont, Nebraska and which was originally founded in 1888; C. The YMCA employs over 390 full time and part time individuals on an annual basis, serves in excess of 10,500 citizens of the Fremont area community and provides over 300 health, wellness and fitness programs which serve all ages of individuals; D. The YMCA is also a licensed daycare provider, is actively involved in early childhood learning development and provides after school programs for area school children in conjunction with the Fremont Public School System. The YMCA is accessible to all citizens of the community through either membership or day passes and the YMCA follows a no youth denied policy which allows children who financially qualify to be members of the YMCA at no charge; E. Aquatics programming constitutes one of the central cores of youth and adult programming at the YMCA. Currently, the YMCA pool facilities are in a state of obsolescence and disrepair. Any renovation of the existing pool facilities would not be cost effective or consistent with the current programming needs of the YMCA and the Fremont area community; F. The City recognizes that the YMCA represents a core intangible asset of the Fremont area community as an economic development influence, employer and facility that significantly enhances the quality of life of the Fremont area community – all of which is important to the meaningful function, development and growth of the Fremont area community; G. The YMCA has resolved to build an approximate 38,000 square foot aquatics facility to meet the programming needs of the community. In order to encourage further economic development, growth and the enhancement of quality of life in the community, the City has agreed to sell a portion of what is commonly known as Memorial Park located at the intersection of Lincoln and Military Streets in Fremont, Nebraska to the YMCA according to the terms set forth herein. Agreement FOR AND IN CONSIDERATION of the terms, conditions and mutual covenants set forth herein and for good and valuable consideration, the sufficiency of which is acknowledged by both parties, it is agreed: 1. Recitals. The foregoing recitals are incorporated into this Agreement by reference. 2. Real Property. The City hereby agrees to sell and the YMCA hereby agrees to purchase the following described real estate within the following parameters: a. Property to be Conveyed to YMCA. The real property shall be conveyed by Warranty Deed, free and clear of all liens, encumbrances and restrictions except those of record and shall consist of the real estate tracts and improvements outlined in red and each labeled “Purchase Tract” on the site plan (the “Site Plan”) attached hereto as Exhibit “A” (the “Purchase Tracts”). The property labeled “City Retained Park Area” (the “Park Area”) shall be retained by the City for purposes of relocating and reconstructing the eternal flame monument, landscaping and relocation of the existing park shelter as more particularly addressed herein. The property labeled “City Retained Public Parking Area” (the “Parking Area”) shall be retained by the City for purpose of constructing additional public parking facilities as more particularly addressed herein. b. Easements. i. Parking and Ingress/Egress Easements. At Closing, as defined herein, the City shall convey perpetual non-exclusive easements to the YMCA for purposes of ingress, egress and vehicular parking only for the non-exclusive use of YMCA staff, users and lawful entrants in the areas identified in orange on Exhibit “A” that are labeled “Proposed Use and Parking Easement Area” as well as any future vehicular parking areas constructed in the Parking Area or Park Area by the City or YMCA (the “Parking Easement”). The Parking Easement shall be perpetual and will run with the land. The Parking Easement shall contain standard terms for such easements as are mutually agreeable between the parties with the specific legal descriptions concerning such easements to be surveyed prior to closing at the cost of the YMCA. The City shall maintain and repair all existing and future Parking Easement improvements; and, ii. Park Area and Parking Area Easements. The City agrees to convey a negative easement for the benefit of the YMCA to be filed against the Park Area and Parking Area which restricts the construction of improvements in the Park Area or Parking Area which unreasonably impair or interfere with the street curb view of the southwest parcel of the Purchased Tracts (the “Southwest Purchase Tract”) or improvements thereon from Military or Lincoln Streets. Any structures or improvements built in the Park Area or Parking Area in the future will be limited to the relocated/reconstructed eternal flame memorial, open shelter, parking and/or landscaping to be determined in cooperation with the YMCA and in a manner that is architecturally and aesthetically harmonious with the Aquatics Center, defined herein; and, iii. City Utility Easements. The YMCA shall convey utility easements to the City as are necessary in order to enable the City to provide sewer, water and electrical services to the Purchase Tracts or other adjacent property. c. Survey of Purchased Tracts. Following the signature execution of this Agreement, the Purchase Tracts shall be surveyed at the cost of the YMCA in ALTA form which shall govern for purposes of preparing the legal descriptions for the deeds to be conveyed to the YMCA. However, the parties agree that the property dimensions as set forth on the Site Plan may be modified as reasonably necessary in order to ensure that an approximate 38,000 sq. ft. facility can be built on the Southwest Purchase Tract with sufficient setbacks and otherwise in compliance with all City zoning, parking and subdivision regulations. 5. Purchase Price/Consideration. As consideration for the terms of this Agreement, the YMCA agrees as follows: a. The YMCA shall pay the sum of $200,000.00 (TWO HUNDRED THOUSAND DOLLARS AND NO ONE HUNDREDTHS CENTS) which it agrees to utilize in connection with the design and construction of a new aquatics facility in one or more phases estimated at up to 38,000 square feet in size with planned, but not mandatory, features consisting of an eight- to ten-lane competitive swimming pool with adequate spectator seating together with a family pool area consisting of zero-depth entry with interactive water features; resistance walking/lazy river; youth and adult swim, fitness and lesson area; locker and changing rooms; and, other related amenities (the “Aquatics Center”). The Aquatics Center will be available to all members of the Fremont area community by way of YMCA membership or fee-based day passes. The YMCA will own the Purchase Tracts and all improvements on the Purchase Tracts; b. Upon commencement of construction of the Aquatics Center, the City will remove the existing outside bathrooms, playground equipment and splash pad located on the Southwest Purchase Tract. The YMCA shall allow members of the general public to use the bathroom facilities in either the Aquatics Center following construction or the Sidner Ice Arena during normal hours of operation, subject to YMCA rules and regulations applicable to all users of the YMCA facilities; and, c. The YMCA agrees, individually or in collaboration with other community partners, to sponsor the Park Area in a manner so as to commemorate U.S. military veterans. In doing so, the YMCA agrees to relocate the eternal flame located in the Parking Easement to the Park Area together with landscaping which shall be done in conjunction with the submission of a design plan to be approved by the City, which shall not be unreasonably withheld. The YMCA, individually or in collaboration with other community partners, agrees to pay the costs of relocating the eternal flame and providing landscaping to the Park Area. The City agrees at its cost to extend the gas line for the eternal flame to the Park Area together with payment of all gas, electric and water utilities that will serve the Park Area. Following relocation of the eternal flame and installation of landscaping, the YMCA agrees to provide ordinary upkeep to the Park Area on a perpetual basis to include mowing, snow removal and flower bed/landscaping maintenance. The City shall be responsible for the maintenance, repair and/or replacement of all improvements to the Park Area. d. The YMCA shall have the right to construct additional public parking facilities in the Parking Area at the YMCA’s cost pursuant to recommendations from the YMCA Aquatics Center Architect and subject to approval by the City which shall not be unreasonably withheld. The YMCA shall not allow any liens to be placed upon the Parking Area and shall indemnify the City against any construction costs. After any such parking facilities are constructed, the YMCA shall convey any interest in the parking improvements to the City and the City shall thereafter be responsible for all maintenance, repair, improvement and snow removal concerning the Parking Area parking facilities. The YMCA shall retain a non-exclusive perpetual easement of ingress, egress and parking for YMCA staff, users and lawful entrants as referenced in Section 2(b)(i). 6. Contingencies. In addition to any conditions to closing or other contingencies set forth elsewhere in this Agreement, the YMCA’s obligation to conclude the purchase of the property is conditioned on: a. All inspection reports commissioned pursuant to paragraph 7c being satisfactory to the YMCA; b. The YMCA securing sufficient funding, in the discretion of the YMCA, to proceed with the continued plan, design and construction of the Aquatics Facility; and, c. The YMCA determining, based upon its pre-closing inspections and other due diligence, that the Southwest Purchase Tract is suitable for construction of the Aquatics Facility. 7. Pre-Closing Site Planning. Following the execution of this Agreement and prior to Closing, the YMCA and City will utilize their best efforts to plan and coordinate the following site development activities: a. Usage Collaboration. The YMCA and City agree to continue to collaborate in good faith to potentially develop a separate agreement which allows individuals, with Splash Station or Ronin Pool passes during the summer months in which the public pools are in operation to utilize the Aquatics Center during normal operating hours in exchange for an agreed usage fee to be paid by the City and otherwise subject to YMCA rules and regulations applicable to all users of the YMCA facilities. The parties will further explore in good faith other possible non-summer community Aquatics Center usage benefits that may be made contractually available by the YMCA with the understanding that any such agreement must fairly compensate the YMCA for the use of the facility and not have an adverse impact on membership enrollment in the judgment of the YMCA; b. Parking. The parties will utilize their best efforts to develop a lawful parking plan in conjunction with the existing parking facilities located on the Parking Easement to reasonably accommodate the Aquatics Center which may also include the construction of parking facilities in the Parking Area by the YMCA. The City agrees that by virtue of the unique size, dimension and character of the Southwest Purchase Tract, there is sufficient factual support for the granting of a variance, if necessary, from the existing parking space requirements under the City ordinances; c. Title Insurance. The City shall furnish title insurance showing merchantable title of record in the YMCA to the real property herein described. In the event of defects in title, the City shall be notified and the City shall proceed immediately to have said defects cured within a reasonable time after notice. Closing may be extended for a short reasonable time necessary to cure said title defects. The cost of said title insurance shall be paid by the YMCA as well as the cost of any lender’s endorsement. If there are defects in the title which cannot be cured as specified above, then this Agreement shall be voidable at the sole option of the YMCA. The insurance commitment shall be updated at the time of closing. The amount of title insurance shall be determined by the YMCA; d. YMCA Access Before Closing Date. The YMCA and its contractors and agents shall have access to the Purchase Tracts for the purpose of inspecting and testing as may be deemed necessary or desirable by the YMCA to satisfy the YMCA as to the condition of the Purchase Tracts, including without limitation, access for surveys, soil tests, engineering investigations, and environmental audits, investigation and testing. Any such inspection and testing shall be at the YMCA’s sole cost and expense. The Purchase Tracts shall be returned to their pre-inspection and testing condition by the YMCA and the YMCA’s contractors and agents after the completion of any inspection or testing conducted by or at the request of the YMCA. The YMCA agrees to indemnify and hold harmless the City and its employees and agents from an against any and all claims, liabilities, losses and costs arising in connection with any negligent or wrongful conduct of the YMCA in conducting any tests or inspections permitted hereunder. 8. Closing Date. Deliveries at Closing: a. Closing of this transaction (“Closing”) shall occur on or before December 31, 2013 (the “Closing Date”); b. Deliveries by City. In addition to the other documents required hereunder, the City shall deliver to the YMCA at Closing: i. Possession. Possession of the Purchase Tracts; ii. Warranty Deed. Warranty Deed in a form reasonably acceptable to the YMCA and its counsel, conveying the Purchase Tracts in marketable form, free and clear of all liens, encumbrances and restrictions, except those of record; iii. Title Policy. The owner’s title policy; iv. City Affidavits. Standard affidavits required by the title company in order to provide the title insurance policy required hereunder and sufficient to remove all standard exceptions consistent with an ALTA policy of title insurance; and, v. Easements. Fully executed easements as referenced herein. vi. Additional Documents. Any other documents reasonably requested by the City as necessary to comply with the terms of this Agreement. c. Deliveries by YMCA. In addition to the other documents required hereunder, the YMCA shall deliver to the City at Closing: i. The sum of $200,000.00, subject to any proper prorations; and, ii. Easements. Fully executed easements as referenced herein. iii. Additional Documents. Any other documents reasonably requested by the City as necessary to comply with the terms of this Agreement. 9. Covenant of Completion; Reconveyance. The parties hereby acknowledge and agree that the YMCA is purchasing the Purchase Tracts with the intention of constructing an Aquatics Center on the Southwest Purchase Tract as described herein. The parties further acknowledge and agree that the City has sold the Purchase Tracts to the YMCA to facilitate construction of the Aquatics Center based upon the community enhancement and economic development opportunities created by this project. Accordingly, the City and the YMCA agree as follows: a. Commencement of Construction. The YMCA agrees that it shall commence “hard” construction of the Aquatics Center, which may be in one or more phases or scaled down if necessary due to financing limitations, not later than 24 months following the Closing Date. Should the YMCA fail to commence “hard” construction within the time frame set forth above, the City may (but shall not be obligated to), by written notice delivered to the YMCA within three months following such failure by the YMCA to commence such “hard” construction, require the YMCA to reconvey the property to the City as herein provided in subparagraph (b) below. During the period of the construction of the Aquatics Center, the City shall grant to the YMCA a temporary easement over the immediately adjacent lands owned by the City, at locations and in amounts as determined by the City in its reasonable discretion to facilitate the YMCA’s construction of the Aquatics Center. Such temporary easement shall terminate upon substantial completion of the Aquatics Center. Upon termination of said temporary easements, the YMCA shall return the City’s property to its pre-easement condition; b. Reconveyance. In the event that the City requires the YMCA to reconvey the Purchase Tracts pursuant to subparagraph (a) above, at the closing for such reconveyance, the City shall pay the YMCA an amount equal to the net purchase price paid by the YMCA at Closing; and, c. Restrictions on Transfer. Prior to completion of construction of the Aquatics Center, the YMCA shall not sell or otherwise transfer the legal or equitable ownership of either of the Purchase Tracts, in whole or in part, directly or indirectly, without the prior written consent of the City. 10. Taxes: The YMCA shall pay all real estate taxes and assessments, if any, accruing from and after Closing. The City shall remain responsible for real estate taxes and assessments (assumed to be none) accruing prior to Closing.  11. Revenue Stamps: Not applicable. 12. No Representations/Warranties: This Agreement is based upon the inspection or investigation of the premises by the YMCA and not upon any representation or warranty of condition by the City or its agents except as otherwise provided in this Agreement. 13. Specific Performance: Either party may seek specific performance of this Agreement if the other defaults in addition to the pursuit of any other remedies available to either party under Nebraska law. 14. Risk of Loss: Risk of loss to the property is upon the City until title has been conveyed. 15. Environmental Provisions: A. The City’s Representations. To the best of the City’s knowledge after reasonable inquiry, the City represents and warrants as follows: (1) No claim, lawsuit, agency proceeding, or other legal, quasi-legal, or administrative challenge has been brought concerning the property, the operation of the property, or the existence of any hazardous substances thereon during the City’s period of ownership. (2) The City has not used the property for any industrial or commercial operation that utilizes hazardous substances. The City is not aware of any such prior use of the property. (3) The City has not spilled, discharged, released, deposited, or emplaced any hazardous substance on the property, whether in containers or other impoundments, or directly in the lands or waters of the property. The City is not aware of any such substances in or on the property. (4) The City has not installed or affixed any asbestos-containing materials in the structures of the property. (5) The City has not affixed or installed any electrical transformers, fluorescent light fixtures or other electrical equipment containing PCBs in the property. (6) The City has not installed any storage tanks, barrels, sumps, impoundments, or other containers or equipment (movable or fixed) for the containment of hazardous substances in any part of the property. (7) No governmental entity has served upon the City any notice claiming any violation of any statutes, ordinance, or regulations or noting the need for any repair, construction, alteration, or installation with respect to the property and hazardous substances or requiring any change in the means or methods of those conducting operation thereon. 16. Binding Effect: This agreement shall be binding on and inure to the benefit of the parties hereto and the assigns, personal representatives, heirs and successors of the parties. It is understood and agreed that all understandings and agreements contained herein or previously made between the parties are merged in this Agreement, which alone, fully and completely expresses their understanding. The Agreement may not be changed or terminated orally, but only by an instrument in writing executed by the party to be charged. This Agreement shall not be transferred or assigned, except as otherwise provided herein, without the prior written consent of the other party.  17. Provisions: No provision of this Agreement is intended to be or shall be merged by reason of any deed transferring title to the property from the City to the YMCA or any successor in interest. The deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. 18. Nebraska Law: This agreement shall be construed and enforced in accordance with the laws of the State of Nebraska. CITY OF FREMONT, NEBRASKA, By ____________________________________ YOUNG MEN’S CHRISTIAN ASSOCIATION OF FREMONT, By ____________________________________  MEMORANDUM OF AGREEMENT This Memorandum of Agreement (“MOA”) is entered into between the City of Fremont, Nebraska (“City”), and Fremont Commons, LLC, a Texas Limited Liability Company (“Fremont Commons”), to serve as a binding, substitute agreement in place of a Memorandum of Understanding dated August 11, 2011 between the City and predescessors in interest to Fremont Commons (the “MOU”). Upon execution of this MOA by the City and Fremont Commons, the MOU shall be deemed terminated in its entirety. This MOA is intended to be a binding obligation between the City and Fremont Commons although it is anticipated that this Agreement may be supplemented from to time pursuant to further written agreement between the City and Fremont Commons. Preliminary Statement A. Fremont Commons is the owner and developer of an approximate 116-acre tract of real estate described on Exhibit “A” attached hereto (the “Development Property”); B. Fremont Commons is in the process of obtaining approval of a final plat of the first phase of development of the Development Property and in order to proceed with the first phase, the parties agree that an agreement is necessary to establish the obligations of the parties concerning the extension and construction of water, sewer and natural gas utilities infrastructure; C. The City has agreed to extend water, sewer and natural gas utilities, for the development of the Development Property, as more particularly set forth herein; and, D. The extension of water, sewer and natural gas utilities by the City is consistent with the encouragement of beneficial economic development and growth of the City east of the U.S. Highway 275/30 bypass including the Development Property, property east of the Development Property and other properties located east of the U.S. 275 bypass. Agreement FOR AND IN CONSIDERATION of the mutual covenants contained herein, and other good and valuable consideration, the sufficiency of which is acknowledged by both parties, it is agreed: 1. Preliminary Statement. The terms set forth in the foregoing Preliminary Statement are incorporated into this MOA by reference. 2. Extension of Water, Sewer and Natural Gas Utilities to the Development Property. Upon the occurrence of: a. The filing of a final plat and dedication of a subdivided portion of the Development Property consisting of at least three (3) commercial lots and ninety (90) residential lots; (the “First Subdivided Tract”); b. The completed annexation of the First Subdivided Tract; and, c. The completion of the formation of sewer and water utility districts in connection with subdivided lots located within the First Subdivided Tract. The City agrees to form such districts on an expeditious basis following the acceptance and filing of the final plat for the First Subdivided Tract; the City will proceed to expeditiously design and construct the following utilities to the First Subdivided Tract according to the following terms: a. The City shall extend the current water utility grid to service the Development Property through the design, excavation, construction and extension of a water main to the northeast corner of the Development Property as generally delineated by the blue-line set forth on Exhibit “B” attached hereto and labeled “Phase 1 – City Water Extension”. All costs of the water main extension including design, excavation, underground/highway boring, construction and fixtures shall be paid by the City. Fremont Commons shall be allowed to connect its internal water distribution system to the water main without any form of connection fee, assessment or cost, provided, however, if Fremont Commons or the owner of any platted lot at any time connects a platted lot directly to the grid water main, a connection fee equal to the lot frontage times the cost to install a ten inch water main shall be charged to the property prior to the lot connecting to the water main. Each connection fee shall be determined on a lot by lot basis and shall be payable in respect to each lot as individual connection requests are made to the City. At such time as The City determines the property is sufficiently developed to require water from a second source, a grid water line will be designed and constructed by the City, at the City’s cost, in 16th Street from Johnson Road to the southeast corner of the Development Property. Fremont Commons will be responsible to provide the interior water main in the Development Property of a size specified by the City to loop the water system between the two grid extension mains. If the City requires any oversizing of the interior water main in excess of 10”, the City will pay for the difference between the 10” water main and larger interior water main costs. Fremont Commons shall not be charged any form of connection fee, assessment or cost to connect its interior main to the second water main, provided, however, if Fremont Commons at any time connects a platted lot directly to the grid water main, a connection fee equal to the lot frontage times the cost to install a ten inch water main shall be charged to the property prior to the lot connecting to the water main. Each connection fee shall be determined on a lot by lot basis and shall be payable in respect to each lot as individual connection requests are made to the City. b. The City shall install a lift station, force main, and gravity sewers to connect Fremont Commons to the City’s sewer system from the area defined as the general area from 23rd Street south to the Union Pacific Railroad from the Highway 275 bypass east one-half mile, as depicted on Exhibit B. and hereafter referred to as the “Sewer System”. The City Agrees to pay the cost of the design, construction and installation of the Sewer System, All area served by the Sewer System including, Fremont Commons, shall be charged a connection fee equal to the gross acres of a development connecting to the Sewer System times the cost of the sewer system divided by the total acres served by the sewer system. Each connection fee shall be determined on a lot by lot basis and shall be payable in respect to each lot as individual connection requests are made to the City. The parties further agree that, for purposes of determining connection fees, the total acres served by the sewer system is 480 and the total number of acres being developed by Fremont Commons is 116. The parties further agree that the actual per lot connection fee will be based upon the actual square footage of each lot that is connected to the Sewer System and, as noted, such fees shall be payable as each platted lot is connected to the sewer system. c. The City agrees to extend a 4” natural gas line to a point located in the vicinity of the northeast corner of the Development Property. Fremont Commons shall pay all costs for the design, construction, excavation and installation of the natural gas line, including any associated underground/highway boring costs. In order to assist Fremont Commons with the foregoing costs, the City agrees to provide Economic Enhancement Funds in an amount equivalent to the cost of the design, construction, excavation and installation of the natural gas line, including  any associated underground/highway boring costs, however the total amount of Economic Enhancement Funds shall not exceed the sum of $100,000. With respect to the Economic Enhancement Fund program, the parties agree to follow similar economic enhancement guidelines that have been followed traditionally in the past with respect to similar projects. In this regard, the program with respect to Fremont Commons shall require Fremont Commons to create six new jobs within five years of the date the natural gas line extension referenced in the preceding paragraph is completed. The jobs shall have an average wage of $14 per hour. The jobs being created will be from those businesses who locate to property within the Development Property. Fremont Commons will utilize its best efforts to obtain, from each new employee of any business that locates within the Development Property, an employee certification form which establishes the date of hire and rate of pay. The job creation covenant established pursuant to the Economic Enhancement Fund Program shall be satisfied if the specified number of jobs at the specified hourly rate are maintained for a period of two years from the date of the first hire. Each job that is created shall result in a $16,666 credit incentive to be applied against the recourse obligations of Fremont Commons under the program. 3. Fremont Commons agrees to develop and fortify the lake and common areas depicted on the landscape plan attached hereto as Exhibit “C” (the “Landscape Plan”) which shall include the installation and/or construction of one grouping of playground equipment, walking path,landscaping, and sufficient public parking to ensure adequate public access and usage of the park, i.e., no less than 20 standard sized paved parking stalls in the common area proximate to the park. Upon completion of the development of the lake and common areas depicted on the Landscape Plan, Fremont Commons agrees to donate the lake and common area depicted on the Landscape Plan for public use and enjoyment, and as more particularly delineated on the final plat of the First Subdivided Tract, to the City at no charge. Thereupon, the City shall enjoy all right, title, interest and use of the property, subject to the protective covenants that are in force and filed in conjunction with the final plat of the First Subdivided Tract. The City shall thereafter exclusively maintain and/or repair the lake and common areas in first-class condition from and after the date such property is conveyed to the City. 4. Annexation. As the Development Property is subdivided for commercial and/or residential purposes, Fremont Commons agrees to allow each final dedicated plat to be annexed upon request of the City as each final dedicated plat is filed of record with the Dodge County Register of Deeds. 5. Further Documents. This MOA is a definitive agreement with respect to the extension of water, sewer and natural gas utilities to the site. Each party acknowledges that additional definitive agreement(s) may be required between the City and Fremont Commons as the Development Property is developed. Each party agrees to reasonably cooperate with the other party to take such actions that are reasonably necessary in order to accomplish the terms of this Agreement. 6. Time of the Essence. The parties agree that each will take the necessary steps to comply with this Memorandum of Agreement with all reasonable dispatch. Dated this ____ day of February, 2013. CITY OF FREMONT, FREMONT COMMONS, LLC, a Texas Limited Liability Company, By__________________________________ By_________________________________ _____________________, Its _________ __________________, Its ___________  STAFF REPORT TO: Mayor and City Council FROM: Rian Harkins, AICP, Planning Director, Interim Public Works Director Dale Shotkoski, City Administrator DATE: March 15, 2013 SUBJECT: Discussion of Fremont Commons Project Impacts Background: The proposed Fremont Commons development is slated to be completed utilizing the principles of Traditional Neighborhood Design (TND) for the residential portion of the project, which is on a tract of land that is approximately 116 acres in size. The proposed development is located at the southeast corner of US Highways 30 and 275. The preliminary plat indicates a mix of housing styles, including row houses, zero-lot line development, and others. The proposed preliminary plat is part of a larger mixed use development that includes retail areas on the north and western edges of the development. The preliminary plat is the first step in the development process. Before any building permits can be issued, a final plat must be submitted, approved by the Planning Commission and City Council, and filed with the Regis- ter of Deeds office. The Planning Commission approved the Preliminary Plat at their September 2012 meeting The proposed development will be serviced by public utilities. However, the applicant has been in negotiations with the City and Department of Utilities regarding sharing ths costs of the infrastructure, specifically water, sewer, etc. The proposed development can be adequately serviced by public safety services within reasonable response times based on previous discussions with various city departments. The property is shown in the comprehensive plan as part of the suburban, auto-urban residential and auto-urban commercial land use classification on the future land use map. Furthermore, this proposed plat coincides with a zoning change request from the current AG Agricultural Urban Reserve zoning district to GC/R-3 districts with a Traditional Neighborhood Overlay District. While the development would open up land east of the US 275 Bypass for future growth, the Council needs to understand how the proposed development would impact the community, and specifically the city budget, with regard to infrastructure, traffic, etc. Staff will present the development proposal to Council, highlighting the actual development and the requested cost sharing brought forth by the developer.  Jack Nitz & Associates TRUCK AUCTION CITY SALES TAX COLLECTED CHRISTENSEN FIELD 2011 2/23/11 $ 829.52 4/20/11 2,244.75 6/30/11 2,399.56 8/31/11 477.88 9/30/11 346.04 12/7/11 1,011.30 2012 2/29/12 649.86 4/7/12 715.96 Other 4/18/12 970.86 6/20/12 2,307.00 8/29/12 738.26 12/5/12 1,850.84 12/8/12 320.24 Other 2013 2/27/13 10,586.05 TOTAL TAX $ 25,448.12 TOTAL RENT PAID 2011 2/23/11 $ 845.00 4/20/11 625.00 6/30/11 925.00 8/31/11 625.00 9/30/11 662.50 12/7/11 640.75 2012 2/10/12 1,115.00 4/7/12 658.50 4/17/12 625.00 6/21/12 625.00 7/12/12 700.00 8/20/12 695.00 12/5/12 975.00 12/8/12 870.00 TOTAL RENT $ 10,586.75 2/27/13 Submitted by Larry Gaeth, Jack Nitz & Associates  2012‐2013 Facility Fees Regular Rates Commercial Rates Daily Fee Daily Fee Daily Fee Daily Fee Facility Fri‐Sun Daily Fee Mon‐Thur Daily Fee Facility (No Alcohol) (w/alcohol ‐300) (w/alcohol +300) (w/alcohol +600) City Auditorium City Auditorium Gym $325.00 $240.00 Gym $385.00 $570.00 $865.00 NA Kitchen $45.00 $30.00 Kitchen $45.00 $45.00 $45.00 NA Community Room $75.00 $55.00 Community Room $75.00 $75.00 $75.00 NA Stage Only NA $100.00 Stage Only NA NA NA NA Christensen Field Christensen Field Main Arena $425.00 $320.00 Main Arena $485.00 $735.00 $1,060.00 $1,445.00 Kitchen $45.00 $30.00 Kitchen $45.00 $45.00 $45.00 $45.00 Meeting Room $75.00 $55.00 Meeting Room $75.00 $75.00 $75.00 $75.00 Stage $50.00 $50.00 Stage $50.00 $50.00 $50.00 $50.00 Short Stage $20.00 $20.00 Short Stage $20.00 $20.00 $20.00 $20.00 Friendship Center $300.00 $225.00 Friendship Center $360.00 F.C. Kitchen $45.00 $30.00 F.C. Kitchen $45.00 Indoor Arena $225.00 $175.00 Indoor Arena $285.00 Heat Determined by Usage Determined by Usage Heat Determined by Usage Outdoor Arena $125.00 $100.00 I. Arena Kitchen $30.00 Enclosed Barn $75.00 $55.00 I. Arena Kitchen $30.00 $20.00 Tables (All Facilities) $2/table (w/8 chairs) Horse Stalls $12.00 $12.00 Chairs Only $15/100 chairs Camping $15.00 $15.00 *Moller Field $75.00 $55.00 *unavailable after May 31, 2013 Tables (All Facilities) $2/table (w/8 chairs) $2/table (w/8 chairs) Chairs Only $15/100 chairs $15/100 chairs