Public’s access, fees to be set by university

April 12, 2007 04:03 pm

— An Ordinance adopting an Inter-Local Cooperative Agreement between Rowan County, Kentucky, The City Of Morehead, Kentucky and Morehead State University setting forth the terms for the purchase of Eagle Trace Golf Course
WHEREAS, Morehead State University requested that the City of Morehead, Kentucky participate in the funding for the purchase of Eagle Trace Golf Course;
WHEREAS, the Board of City Council voted to participate in the purchase stating that it was in the best interest of the Citizens of the City of Morehead due to the economic development and tourism associated with Eagle Trace Golf Course;
NOW, THEREFORE, BE IT ORDAINED by the Board of City Council of the City of Morehead, Kentucky that the Inter-Local Cooperative Agreement between Rowan County, Kentucky, the City of Morehead, Kentucky and Morehead State University which is attached hereto is approved and adopted in full.

Inter-Local Cooperative Agreement between Rowan County, Kentucky, The City Of Morehead, Kentucky, and Morehead State University
This Inter-Local Agreement made and entered into this the ______ day of 2007, by and between ROWAN COUNTY, KENTUCKY, by and through its authorized agent, Jim Nickell, Judge Executive, (hereinafter referred to as “County”), the CITY OF MOREHEAD, KENTUCKY, by and through its authorized agent, Bradley H. Collins, Mayor, (hereinafter referred to as “City”) and MOREHEAD STATE UNIVERSITY, by and through its authorized agent Dr. Wayne D. Andrews, President, (hereinafter referred to as “MSU”);
WHEREAS, this Inter-Local Cooperative Agreement is an inter-local agreement made pursuant to the terms and provisions of the Inter-Local Cooperative Act of Kentucky;
WHEREAS, the County, City and MSU (jointly “Parties”) are desirous of providing for the County and City citizens and for MSU students, faculty and staff a community offering the best possible recreational and educational facilities;
WHEREAS, the Parties understand that economic growth of the City, County, MSU and the region depends on a thriving environment and a community of varied and diverse opportunities;
WHEREAS, the Parties agree that MSU, its students, faculty, staff and visitors make great economic and other contributions benefiting the County and City, and further agree that improvements to and expansion of programs at MSU are in the best interest of all the Parties and their constituents;
WHEREAS, MSU entered into an assignable option to purchase the Eagle Trace Golf Course (hereinafter “golf course”) located in Rowan County, Kentucky for the purpose of providing academic and athletic facilities for the university and providing enhanced community, economic and recreational opportunities for the County, City and region;
WHEREAS, the Morehead State University Foundation (hereinafter referred to as “Foundation”) is soliciting current monies and pledges to obtain funding for the purchase, said property then to be donated to MSU;
WHEREAS, without the purchase of the golf course by one of the Parties, all of them, their constituents and the region are likely to lose access to current athletic and recreational facilities and those future opportunities that ownership of and management by MSU will provide;
WHEREAS, the City and County have both voted to participate in this agreement as it is in the best interest of the City, County and their citizens;
NOW, THEREFORE, BE IT ORDAINED: That for and in consideration of the premises aforesaid and in further consideration of the mutual promises, covenants and agreements herein, and in consideration of the mutual benefits to the County, City and MSU to be derived from this Inter--Local Cooperative Agreement, it is hereby mutually agreed as follows:
1. The County and City each independently agree to pay to MSU the sum of One Hundred Thousand Dollars ($100,000.00) toward the acquisition of said facility. The One Hundred Thousand Dollars ($100,000.00) sums due from both the County and the City shall be paid in five equal installments of Twenty Thousand Dollars ($20,000.00) each, due and payable over a period of five years. The first of the Twenty Thousand Dollars ($20,000.00) installments from each of the two entities shall be due and payable on July 1, 2007, with each of the remaining identical installments due on July 1 of each succeeding year until said total sums are paid in full.
2. MSU shall maintain the golf course in a reasonable condition and shall provide management for and operation of the facility or shall contract as it sees fit for said services.
3. MSU shall provide access to the golf course to citizens of the County and the City and the general public through purchased memberships and/or fee for use arrangements as established by MSU.
4. In the event MSU should choose to dispose of the golf course prior to the completion of payment of the total commitments authorized herein, the County and City then would be relieved of further payments due on the pledged amounts. In the event MSU should choose to dispose of the golf course after the County’s and City’s commitments are paid in full, no refund would be due from MSU to either entity recognizing the benefit already obtained by all Parties during the period of ownership.
5. In the event of disposal of the golf course by MSU at any time, all assets of the operation (real, personal and intellectual) shall be the sole property of MSU.
6. It is agreed that property acquired by MSU in relation to this agreement shall be pursuant to appropriate state law, and in the event of any federal funds being acquired, said acquisition shall be in accord with any federal requirements thereon.
7. It is agreed by and between the Parties that this Agreement shall continue in effect and be binding upon the parties until terminated as provided herein or by law or terminated upon mutual agreement of the Parties. Furthermore, any Party may terminate its participation in this agreement upon six (6) months written notice of its intention to withdraw and sending all other Parties a copy of the authorization for such withdrawal.