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HomeMy WebLinkAboutResolution No. 139-26 - Resolution - Design Cost Allocation BFU RESOLUTION Resolution Authorizing Execution of Design Cost Allocation Agreement for Bold. Forward. Unbound. in Rochester WHEREAS, Mayo Clinic, a Minnesota nonprofit corporation (hereinafter referred to as “Mayo”), is in the process of redeveloping certain property it owns within the City of Rochester, Minnesota, as part of its Bold. Forward. Unbound. in Rochester initiative (the “Project”); and WHEREAS, as part of the Project, Mayo is obligated to complete and pay the costs of certain public site design and infrastructure improvements (the “Mayo Improvements”); and WHEREAS, the City Council previously approved approximately $38 million in Destination Medical Center (“DMC”) funding to support coordinated public infrastructure improvements adjacent to Mayo’s downtown campus (the “City Improvements” and, together with the Mayo Improvements, the “Improvements”); and WHEREAS, to maximize the public benefit of these investments in the City Improvements while minimizing disruption to businesses, residents, patients, visitors, and the traveling public, the City and Mayo have committed to coordinating the planning, design, and construction of Improvements occurring within the same geographic areas; and WHEREAS, it is in the mutual interest of the City and Mayo to ensure a cohesive design in downtown Rochester and to realize cost savings through collaboration; and WHEREAS, the City and Mayo have drafted a Design Cost Allocation Agreement (the “Agreement”) under which the City will retain certain design consultants to perform design work for the Improvements, and Mayo will reimburse the City for the cost of designing the Mayo Improvements; and WHEREAS, the Agreement further provides for the City and Mayo to enter into individual statements of work for certain portions of the Project (each, a “Project Segment”), each of which will identify the project limits, design consultant, scope of work, schedule, cost allocation methodology, and designated project representatives for that Project Segment; and WHEREAS, following execution of the Agreement, the City and Mayo will draft individual statements of work for each Project Segment in the form attached to the Agreement, subject to necessary revisions, and present such statements of work to the City Council for approval; and RC110\\175\\1029544.v1 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester (the “Council”) as follows: 1. The Council hereby approves the Agreement in substantially the form presented to the Council, together with any related documents necessary in connection therewith; authorizes the Mayor and City Clerk to execute the same on behalf of the City; and authorizes the Mayor and City Clerk to carry out, on behalf of the City, the City’s obligations thereunder. 2. Individual statements of work for each Project Segment are subject to future City Council approval. 3. The approval hereby given to the Agreement includes approval of such additional details therein as may be necessary and appropriate, and such modifications thereof, deletions therefrom, and additions thereto as may be necessary and appropriate and approved by legal counsel to the City and by the officers authorized herein to execute said documents prior to their execution. Said officers are hereby authorized to approve such changes on behalf of the City. The execution of any instrument by the appropriate officers of the City herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. RC110\\175\\1029544.v1 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2026. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2026. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) RC110\\175\\1029544.v1