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Rules Committee approves use‑agreement changes for Edward Waters University track, preserves community access windows
Summary
The committee approved amendments to a neighborhood use agreement with Edward Waters University for track improvements that add legal cleanup, permit limited financing encumbrances (so long as public access isn't impaired), and specify community access windows; auditors had recommended recording the agreement, a proposal discussed but not adopted.
The Rules Committee approved a neighborhoods-related bill (2026-0336) on May 18, 2026 that includes a revised use agreement with Edward Waters University (EWU) covering track improvements and public access.
City attorneys and committee members explained legal "cleanup" changes intended to align the document with standard city contracting practices: an assignment provision allowing EWU to encumber improvements for financing provided it does not materially impair public access or reporting obligations; a clarified cure period for material breaches (allowing a reasonable cure beyond an initial 60‑day window if the party is pursuing completion); and counterpart execution language to allow the city and EWU to sign separate but legally equivalent copies.
The revised use agreement also formalizes community access windows. The agreement included in the committee record defines standard public access times as Monday–Friday 6:00–9:00 a.m. and 6:00–9:00 p.m., and Sundays 12:00–6:00 p.m., with additional programming provisions to be coordinated under the agreement. Committee members recorded support from EWU's counsel, who confirmed the university did not intend to transfer the property and accepted the cleanup edits.
Auditor staff had recommended recording the use agreement with the clerk of court so it would run with title and bind successor owners; city counsel explained that a recorded covenant would better guarantee public access if the property ever changed hands. EWU representatives said they had no present intention to transfer the property; committee members balanced the auditor's protection recommendation against EWU's concern that recording would encumber title. The committee approved the bill as amended (vote recorded five yes, zero no).
Committee members also noted a parallel negotiation with the administration over a separate long‑term agreement for the Shell Suite facility (a city‑built building managed by EWU that houses a clinic and a senior center and serves as an early voting site). Council Member Paluso asked the committee to ensure those functions continue operating while the city finalizes a longer-term arrangement.
The committee's action authorizes staff to proceed under the revised agreement and makes the city’s standard contracting protections part of the record for the EWU track project. The bill passed Rules as amended and will proceed per normal council processing.
