85-732 WMITE - CiTV CIERK
PINK - FINANCE G I TY O F SA I NT PA U L Council �y
CANARV - DEPARTMEN�T /y/ 7
BLUE - MAVOR File NO• [J� • �
Cou 'l Resolution
. .
Presented By �
V Referred To '^/1�C��`'[ Committee: Date T "���
Out of Committee By Date
RESOLVED, that the proper City officials are hereby authorized
and directed to execute an agreement with the DRinneapolis Park and
Recreation Board, said agreement providing for the rescinding of
all prior agreements between the City and said Board concerning the
Pigs Eye Wlood Utilization and Disposal Center, a copy of said
agreement to be kept on file and of record in the Department of
Finance and Management Services.
COU[VCILMEN
Yeas Nays Requested � Department of: /
Drew �
Masanz In Favor
N�cos�a
Scneibe� _�___ Against BY �� -�-�i �
Sonnen
Tedesco
WiisOn MAY 3 0 1985 Form prove by C� rney
Adopted by Council: Date — �
�
Certified a se Cou cil ret BY
�
1 MAY 3 1 1985 Appr by Mayor for miss'on`o Council
Appro d by Mayor: —
F����sr;�� .,.;�; � 1985
,, . . . : . ���_ 7.�-�
;. . � ��3� 7
. C��
AGREEMENT TERMINATING -
JOINT EXERCISE OF POWERS AGREEMENT
THIS AGREEMENT TERMINATING JOINT EXERCISE OF POWERS AGREE�IENT,
made and entered into this day of , 1985,
by and between the Minneapolis Park and Recreation Board (the "Board") ,
and the City of Saint Paul (the "City") ,
WITNESSETH: "
WHEREAS, pursuant to the authority granted by Minnesota Statutes,
Section 471.59, the parties have entered into a Joint Exercise of
Powers Agreement (Joint Powers Agreement) dated February 4, 1975, for
the pur�ose of deveioping a wood utilization and disposal center
(the Centar) for the disposal of diseased shade trees and other
trees; and �
WHEREAS, the parties have also entered into an agreement (the . _
1979 �Agreement) dated August 1, 1979, for the mutual control of
administration of the Center; and
WHEREAS, despite the terms of the Joint Powers Agreement and
� the 1979 Agreement, the operation and management of the Cent�r has
be�n under the ef�ective control of the City for a number of years;
and
in1FiEREAS, the Board' s ability to use the Center for wood disposal
has declined in recent years to the point where no use of the Cente�
was made by the Board in 1984; and .
WHEREAS, the Board desires to terminate its participation in
the Center so that alternative arrangements for long-term disposal
of trees felled in the City of Mi:zneapolis can be made; and
` . . . . . ��s �.��
.
WHEREAS, the City desires to continue operation of the Center
for the disposal of trees felled in the City;
NOW, THEREFORE, in consideration of the premises, the mutual
promises of the parties hereto, and the mutual benefits to be
g�ined by the performance hereof, the parties hereto agree as follows:
l. Termination of Joint Powers Agreement. The parti�s hereby
agree that the Joint Exercise of Powers Agreement made and
entered into between them on February 4 , 1975 be and is
hereby terr�inated as of the date first set forth above.
2. Termination of 1979 Agreement. The parties hereby agree
-that the agreement made and entered into between them on
August l, 1979 be and is hereby terminated as of the date
first set forth above.
3. Waiver of the Board' s Right to Depreciated Book Value.
The Board hereby agrees to waive its right pursuant to
paragraph VIII of the Joint Exercise of. Powers Agreement
to one-half the depreciated book value of the building
and equipment comprising the Center.
: 4. Waiver of City' s Claims for Costs. The City hereby agrees
to waive any past or future claims against the Board -for - _
all past or future equipment, operating, maintenance or
other costs for the Center.
5. Mutual Waiver and Release of Contractual Obligations.
Except as otherwise provided in this Agreement Terminating
Joint Exercise of Powers Agreement, the parties hereto hereby
waive and release each other from all claims of any nature
whatsoever arising from the Joint Powers Agreement, the
1979 Agreement, and any other agreements or contracts,
whether oral or written, of any nature whatsoever related
to the Center.
6. Liability and Indemnification Against Claims. The City,
in recognition of its exclusive control over the operation
of the Center for the past five (5) years, hereby agrees
to indemnify and hold the Board harmless from any and
all oast or future claims, demands and actions for injury,
death or damage to property, occurring or resulting from
occurrences at the Center or arising from the City's
operation of the Center subsequent to Januarg 1, 1979.
If the Board is named in any such claim, demand or action,
it shall tender defense of the same to the City and the
City at its sole expense shall fully defend on the Board' s
behalf; however, the Board at its discretion and sole ex-
pense may retain separate counsel for its defense. The City
also agrees to indemnify and hold the Board harmless from
Page 2 of 4
. - � . � - � - � �_ ��
_ any and all claims, demands and actions for damages, de-
claratory judgment or other relief arising from any con-
tractual obligation which the City may have entered into
which is in any way related to the Center or the City's
operation of the Center including, without limitation,
any claims, demands or actions brough�: under that certain
agreement entered into in November 1979 between the City
on the one hand and Mike and Arleen Lastavica on the other
hand, or any similar such contracts or agreements.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
CITY OF MINNEAPOLIS, Acting bX and
Through its Park and Recreation
Board
Approved as to Legality: gy +
Its re ident.
.
Park Board At o ney �n
By: �
Its Secretary
Countersigned:
City C troller/ easurer
_ CITY OF SAINT PAU�
; <
Approved as to Legality: gy; �
I s Ma
- �/�� � �
Assistant Cit Attorney
Page 3 of 4
t • �—d'.� /�"
�- � _
By: ,�- � ,r� �
Its Director, Department of
Communit� Services
By:
Its Director, Department of
Finance and Management Services
Page 4 of 4
�....�-.,.�..._,:�.�,
-- � � MAR 2 9 1985 � �����2
- ��� CITY OF SAINT PAUL
,:<<,.; ,,� . -
' 9,� ';L; OFFICE OF THE CITY A�ORNEY �
�, ,,,
J` ����������� '� EDWARD P. STARR, CITY ATTORNEY
,� uu �uu: ^:
,...
'�:,,��.�.�``� 647 City Hall, Saint Paul, Minnesota 55102
612-298-512'i
GEORGE LATIMER
MAYOR
March 28 , 1985 ���
����� � � /
. ,�-,
M E M 0 R A N D U M --
���'�d����
��PRi = ,
TO: LeeAnn Turchin - ►��5
Kathleen Stack -- �viNYUit�s
Robert Piram ,%� �/� UfrjCE
.��/' ��
FR: Paul McCloskey ���' `�/
Assistant City Attorney �
RE: Pigs Eye Wood Utilization and Disposal Center.
In the mid-1970s the City and P�inneapolis Park and Recreation Board
entered into a joint venture regarding the above matter.
�'- A special wood chipper was designed and placed at Pigs Eye under
this venture. This was done in anticipation of the onslaught of
Dutch Elm disease and it was thought that both bodies could recoup �
some of their tremendous financial losses in tree removal by reducing
the diseased trees to chips and selling them as a fuel source.
'I'�ao agreements between the City and the Board were entered into but
never implemented. No one was at fault in the lack of implementation
in that all of the tremendous travails surrounding the Dutch Elm
problem preoccupied both staffs for several years and each decided
to address the problem of tree disposal on their own.
Some months ago the attorneys for the Minneapolis Park Board wrote
the City demanding several things , including an accounting of
profits that they surmised the City had made from the disposal
� site. Bob Piram undertook to advise them of the true state of
affairs and the Board accepted our recounting of the real facts .
� . surrounding the center (and I suspect were chagrined about having
overstated their claims) .
In discussing the matter with the attorney for the Park Board it
was decided to simply clear the decks and rescind all prior agree-
ments between the City and the Board.
� .; . - -- �-�-��-_�3z
Page Two
March 28 , 1985
With this memo I am submitting a resolution and all copies of the
agreement to Kathy Stack for her review with Bob Piram. There is
nothing controversial in the agreement except the provision whereby �
we will indemnify the Board against any claims that may arise against
the Board because of our operation of the center. This is fair and
appropriate as the Board has never had any control over any of the
operations at the center due to its lack of implementing prior agree-
ments . As a practical matter, there are no outstanding claims
surrounding the disposal center and it is (I am advised) in minimal
use at the present time.
If Kathy and Bob find the agreement in order, Kathy should sign off
on the resolution and all copies of the agreement and transmit them
on to LeeAnn for further processing.
If any of you wish to discuss this matter with me, please do not
hesitate to call.
PFM:cg '
K_ ..,.� �.
_ e •. . �I �{` �;a � � �-
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, � � • ._ ..'-�`—•� _ . . . � . . . . . __ _' _ ' _ .
+��IITG — CITY CLFRK
?iN:c — Fc�AV;,E . \ COLL(1CII �
��avaRV — :;_?iHT�nEN7 (� ITY O.�' �AINT ����ITL File N0. �-`�J- 7�2
3L�.��A _ M4.OR� . . . .
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.
Pre�enced Q}� �
/ � LL
✓Referr�d To � C'�� Committee: Date ���?��
Out of Committee By Date
RESOLVED, that the proper City officials are herzby authorized
and directed to execute an agreement with the DZinneapolis Park and
Recreation Board, said agreement providing for the xescinding of
all prior agreements between the City and said Board concerning the
Pigs Eye 4�ood Utilization and Disposal Cent�r, a copy of said
agreement to be kept on file and of record in the Department of
Finance and Management Services.
CO�NCILI�IEN :7 `
Yeas Vay.s � Requested ht}r Departmen[ of:
I �, l r ,
.p'r'�t, ,tl • (,:r •� .(..�.�-� %
In Favor � y
� ;
Against BY �� Li�i,{1-'.✓ �''i ��.'
r\dc�ted by Council: Date Form prove by C'� �mey �
�
Cr•rtifi�d Passe� by C��unc.il Secretary BY � <
1
B�
�pp;ov�d by !,lavor: Date Appr� by 1+tayor Eor ' miss�on`o Council
. � . ��i-�
� .. ��, � . � � ���- �.��-
`: � � -���?� 7
AGREEMENT TERMINATING
JOINT EXERCISE OF POWERS AGREEMENT
THIS AGREEMENT TERMINATING JOINT EXERCISE OF POWERS AGREEMENT,
made and entered into this day of , 1985,
by and between the Minneapolis Park and Recreation Board (the "Board") ,
and the City of Saint Paul . (the "City") ,
WITNESSETH:
WHEREAS , pursuant to the authority granted by Minnesota Statutes,
Section 471. 59 , the parties have entered into a Joint Exercise of _
Powers Agreement (Joint Powers Agreement) dated February 4, 1975, for
the pur?�ose of developing a wood utilization and disposal center
(the Center) for the disposal of diseased shade trees and other
trees; and �
WHEREAS, the parties have also entered into an agreement (the
1979 Agreement) dated August 1, 1979, for the mutual control of
administration of the Center; and ,
WHEREAS, despite the terms of the Joint Powers Agreement and
� • t►'�e 1979 Agreement, the operation and management of the Center has
been under the effective control of the City for a number of years;
. and
WxEREAS, the Board' s ability to use the Center for wood disposaT
lias declined in recent years to the point where no use of the Center
was made by the Board in 1984; and •
WHERE�S, the Board desires to terminate its partidipation in
the Center so that alternative arrangements for long-term disposal �
of trees felled in the City of Minneapolis can be made; and
. . � � . � � . � � ����� ��°�
WtiEREAS, the City desires to continue operation of the Center
for the disposal of trees felled in the City; -
NOW, THEREFORE, in consideration of the premises, the mutual
p.romises of the parties hereto, and the mutual benefits to be
gained by the performance hereof, the parties hereto agree as follows:
1. Termination of Joint Powers Agreement. The parti�s hereby
agree that the Joint Exercise of Powers Agreement made and
entered into between them on February 4 , 1975 be and is
hereby terminated as of the date first set forth abave.
2. Termination of 1979 Agreement. The parties hereby agree
�that the agreement made and entered into between them on
August 1, 1979 be and is hereby terminated as of the date
first set forth above.
3. Waiver of the Board' s Right to Depreciated Book Value.
The Board hereby agrees to waive its right pursuant to
paragraph VIII of the Joint Exercise of Powers Agreement
to one-half the depreciated book value of the building
and equipment comprising the Center.
4. Waiver of City' s Claims for Costs. The City hereby agrees
to waive any past or future claims against the Board for . .-
__.__. a�l_ past or future equipment, operating, maintenance or
other costs for tlie Center.
5. P�utual Waiver and Release of Contractual Obligations.
Except as otherwise provided in this Agreement Terminating
Joint Exercise of Powers Agreement, the parties hereto hereby
�aaive and release each other from all claims of any nature
whatsoever arising from the Joint Powers Agreement, the
1979 Agreement, and any other agreements or contracts ,
whether oral. or writtens of any nature whatsoever related
to the Center.
6. Lia.bility and Indemnification Against Claims. The City,
in recognition of its exclusive control over the operation
of the Center �for the past f ive (5) years , hereby agrees
to indemnify and hold the Board harmless from any and
all nast or future claims, demands and actions for injury,
death or damage to property, occurring or resulting from
occurrences at the Center or arising from the City' s
operation of the Center subsequent to January 1, 1979 .
If the Board is named in any such claim, deinand or action,
it shall tender defense of the same to the City and the
City at its sole expense shall fully defend on the Board' s
behalf, however, the Board at its discretion and sole ex-
pense may retain separate counsel for its defense. The City
also aqrees to indemnify and hold the Board harmless from
Page 2 of 4
. . : �-=�'.s ��.
� � .
any and all claims, demands and actions for damages, de-
claratory judgment or other relief arising from any con-
tractual obligation which the City may have entered into
which is in any way related to the Center or the City's
operation of the Center including, without limitation,
any claims, demands or actions brought under that certain
agreement entered into in Nover.�er 1979 between the City � �
on the one hand and Mike and Ar'leen Lastavica on the other
hand, or any similar such contracts or agreements.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
CITY OF MINNEAPOLIS, Acting by and
Through its Park and Recreation
Board
Approved as to Legality: gy � /
,
Its resident
�
Park Board At�o ney
_ _ BY= �. ��l
Its Secretary
Countersigned:
City C troller/T easurer
_ CITY OF SAINT PAUL
. t
Approved as to Legalit�r: By: 1 '�.'� .1 I ,�,a"
I �s �ia�oX
� � J n -v
_ �� `,, � .
�
Assistant Cit� Attorney �
Page 3 0� 4 .
. .. . . �=� -���
. . . . �
��,/�i /� �
.� ,
By : :! 1 ;%%.�.t':. '4 ' y/l.� ^Z .f�_
Its Director, Department of
Community Services
. BY:
Its Director, Department of
Finance and Management Services
1 ----- -- _- -
Page 4 of 4
WHITE t CITY CLERK , COUI1C11 �<��Vtl i � �
p�NK, . - FIIyANCE (jITY OF SAINT PAUL gile N0. ;
�(,+►NARY�- OEPARTMENT ' h ��
9 L U[l - M A V O R � � • ,��I]..Z ��
� =-o�nc�l Resolution �
�� ' �!, � .�c
��� 4�' - �--�. � � �
Presented By � ' , �����=-�-�/� �/
Refe .... io Committee: Date� �,�..7�
Date
Out of Committee By
� �C��/��ca-Z"�-�`�/9 7�a�,�>
RESOLVED, That the Council of the City of Saint Paul does hereby approve
and authorize the Joint Exercise of Powers Agreement with the Minneaaolis
Park and Recreation Board authorizing the establishment of a Wood Rec cling
enter r e is osal of di sed shade �rees and ot er trees and shrubs,
an w ic agreement provides for the making of an application to the Minnesota
State Department of Agriculture for a grant providing 50% of the �`unds to
construct and equip this center on land leased from the Port Authority;
further providing'that the City will negotiate an operations and management
agreement with Occupational Training Center, Inroductsteandffurther�providing
of the Center and the disposal of the wood by-p
that the Center shall not impose a charge upan either the City of Saint Paul
or the Minneapolis Park Board for disposal of trees and shrubs unless such a
charge has been approved by the City and the Board, and that in the event the
Center sustains a loss then the City, Park Board and OTC shall each share in
such losses; and further providing that in the event OTC does not operate the
Center, it shall be operated banahParktBoardsaand,Pbelitnd all costs should
equally be shared by the C�ty
FURTHER RESOLVED, That the City's share of the cost of constructing and
equipping the Wood Recycling Center shall be paid from the dedicated fund
balance Dutch Elm Disease Con�ant fromttheaStaterDepartmenttofrAgriculturel
be made upon receipt. of the g
uested b Department o ' r
COUNCILMEN R� y r----.�--�_.
Yeas Nays ``Commun�y Serv s� ' �_
Christensen � In Favor � - '� ` -�" ` ��"�
X��(�'kX Hunt � � � �/ �
Levine , N`'� '�� ` '
Roedler Against
Sylvester �
Tedesco
president�x HOZZd ,. ���, Form Approved by City Attorne�j j
.iF:�? d i�, .; � , I
Adopted by Cou . Date ,
By ` � s
Certifie as ed b oun S tary � % �
l
• f '= ' ? '.� '= Approved by Ma or for unmission to Council
i
ppprove or: D te
� i�
/`;��-� � � ����'�-
BY
� /
B}' _ �ci. ..�,-� �r/� � '
`—r �
. • - ' �, s� . .� ^_, �
. . : . - - ��,� .���
. �
11/5/75 `; . ? :i��
P.ecor,nend;.�d by� the'StanJi,�q Co;�i�nit�ee or� OF'�i�1'fi0i;:: ar.d ado�ted by the Bo�rd. �
Cor�nission�rs Olson, 6erg��•, Gilberi:, P;eiman, Spzr�tz, Co�;�.i�ii:tee. ` �
� 4.1 - A. That the B�ard enter i��i:o a�J�int Pe:.z►-s kgreem�nt ti��ith the City of
St. Pa�:l for tE�e esta�?i shrr�nt o� a V!aod Rec��cl i ng Center.
.....o..R,.......,�.._......_-.
B. Tl��tt i.he Eozrd� p�n�suant to �i�e Joint Po�,�:�rs Fl�ree�r,�nt rla:;e a��;�li�atia�
foi� grant-i.n-ai d far a �•:ooa uti 1 i zati o� und di s��esal sysi;�:r�i as p�r
- AGR. - 100, Stai.2 of �%ci�:r►esotz D��urtm�nt o` fiqricul'c�!�e's F:ules and
R��gul<<t�ions a,;:; u�o�� a<<�rd ti�at ec�u�1 funds i•:ill be allocated.
_ C. That tf�� Board pursuan� to i:he Joint Pos���rs AcJree�j,�n� �:ith th� Cit� oi'
� St. Paul en 4ei• i nio a co:��ra�t ti•,i th Occ��;,a�i onzl Tra�i ni n, Cznter �or
� - : the man�gemer«; af tn� t�Iood k:ecycliny Center. _ �
_ : , (A cop; of tF�e abo��e mentioned �aint Po;,�rs �lgreem�nt is atta�h�d to the �
� . perma�cni. Baard fi7e relating to this m��tir��. } . � � :
4.2 ��I�at the �oard direct the staff to prep:.re a rep�rt to be pres�nteJ ai.the
. � _ .next meei:i ng setti rg forth a7 tern�ti ves �o �the mul ti pl e use of �areas - ,'
� foo�ba�l , soccer, ice s{;ating, etc. - r�rflich necessiiates concen�rated usaa� -
of such ar�as. � . . -
. Recamcnended by the Star,di ng Com�ni t�ez�on�FIt�a'�;CE��:id'�d6pi.e�'t�y the'Soard.
_ Cor.�z�i ss i oners Gi 1 berfi, 8�rger, Hi�lmeyer, t�ieiman, Ol son, Co�;�ri t�ze. � .C
6.T That tfi� Board auttt�ri ze the foT 1 o;ri ny f-i nal zn� semi-pa}���nts: . . � - �
Ol son Conct•ete Compan;, Contrac� ;8117 � � � _ - � �
� � for COC1S�:'UCt1011 of lladi ng pool at P.i versi de Par� � . .
. Fi naI Paflr;zn� " �� �. � � . . - � -�5,668.25 �
� A. Kamish & Sons, Contract n828Q , � .
for demol i t�on �•rork at Eust Lo;•;•ry !-fi 11 Si te � � � : �
- Fi nal Pu��me�t - � ' � . � 1 ,7 49.60
� ��:ortY�ern Contracti n��Co. , Contract�;828� �
foz• constructi on of foo�5ridgz across • . �• .
- Shingle Creen: ,
Final Payment . � � 1 ,160.00
� Euck Blac'r,to , Inc. , 'Contract �83J2
fior renov�tio�� o tennls courts at '.
Harrison and ldebber Parks � ' . . '
� � Final Payment � � � 3,830.27
. �
-160- .
. . � � ��'�.5->�� ���
� - � _ �
,
� ;
t
! ' �
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. �
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i
JOINT EXERCISE OF POIaERS AGREEMENT �
THIS AGREEMENT, made and entered into this �� day of �
, 1975, by and between the Minneapolis Park and
Recreation Board, hereinafter referred to as the "Board" and tne
City of Saint Paul, hereinafter referred to as the "City" ;
WITNESSETH: y
I
Pursuant to the authority granted by Minnesota Statutes,
Section 471. 59, and for the purpose of developing a system of
disposing of diseased. shade trees and other trees, the Board and •
City shall make application to the �Zinnesota State Commissioner of
Agriculture, pursuant to Chapter 253, Minnesota Laws of 1975, for
. - funds to pay one-half (1/2) the cost of acquirirg and equi�ping a
wooci �tilization and disposal. center (here�r.a::;.er ref erred to as
the "Center" ) . The City, on behalf of both the Board and City,
shall submit the application to the Commissioner of Agriculture
and shall be empowered and authorized to submit all inyormation
required by said Commissi�ner. The Board and City shall each
contribute 25� of the cost of providiny and equipping t;ze Center.
It: is estimated that tne total cost of the Center will be
$460,Od0. 00.
. II
In the event Ehat the grant application is approved bf the
Commissioner of Agriculture, the City snall enter into a twenty-
year lease agreement with the Port Authority• of the City of Saint
_ . . . . . �,�"--�.��
. ., � .
Paul for a parcel of real estate located in the Northwest quarter
of Section 10, Township 28 , Range 22, City of Saint Paul, Ramsey
Count . The exact location and rental terms to be subject to the
Y
roval of the Board and City. Said real estate shall be. the site
app ,
for the establisY�ment of the Center.
III
Plans and spec
ifi.cations for the Center shall be prepared by ''
Cit and, after approval by the Board, bids shall be soli.cited
the Y
by the City' s Purchasi.ng Agent in accordance with Minnesota
Statutes, Section 471. 345. The City shall secure all state,
metropolitan, county and local approvals and permits in accordance
with applicable law. Prior to the award of contracts, the City
and Board shall review all bids and concur in the award of contract
o the lowest responsible bidder, or cr.c�s�• tQ reject all bids and
t . .
resubmit the purchase for new .bids. The Ci-:.y and Board shall be
'ointly responsible for supervision and inspection durinq con-
7
struction and installation.
IV
It is contemplatec� that one-half (1/2) of the cost oi
uctin and equippin5 the Center will be paid from grant
constr 5
proc�eus received from the State Commissioner of Ag
riculture. �'�»
balanc
e of construction and ecuipment costs shall be shared on �n
equal basis by the Board and City. Upon award of all contracts,
the City shall request that the Board advance its proportionate
sh
are Af the contract cost. Upon completion of construction and/
2.
. . �,-'�'� y�� i
. . ;
. _, , .
,
or lnst
allation, as the case may be, the City shall submit a
'nal accounting of associated costs and disbursements, indicating
fi
either a refund to the Board, or whether the Board' s original
c
ontribution was not suff icient, and requesting that the Board
transmit additional funds to the City.
The Board, at all times,
have complete access to all the books and records maintained 4
shall `'
by the City for' these purposes. �
V.
The City and the Board will negotiate and enter into a
lease/operativns agreement with Occupational Training
Center, a
' t Minnesota corporation (hereinafter referred to as "OTC") ,
nonprof i
b OTC would operate and maintain the Center for an initial
where y rovide
term of seven (7) years. The operatir�g agreement shall p
„.
substantially as fQ].lows:
�.. OTC w��� oP�rate, manage, re�air and maintain the Center,
and will market the wood by-products from the trees p
rocessed bX
lt at
the Center, The Center and its services shall 'pe made avail-
�ublic and private.
� ersons or entities, both p
able to all p
2. The City will assign or sublet the premises to O�iC,
sul�ject to the approval of the Port Authority-
3 , OTC will provide all labor, materials and sup�lies fo�"
he ur ose of operati:ng and maintaining the Center and in market-
t p P
ing the by-products.
• shall receive all trees, shrubs, etc. , brought to
4. OTC
Center by the Board, City of N�inneapolis and by the City of
the ,
Saint Paul from ali public property and streets wit'r►ir► their
3.
- . . - � � �,r-�'.�-�3°� I
_ . ;
. . � ;
, . ,
;
. ,
whether removed by their own forces or f
respective jurisdictions,
f
free of any charqes.
under contract, � es to be paia by r
5. OTC shall adopt a schedule of charg .
than as stated, which schedule shall be
users of the Center other to determine that the
subject to approval of the Board and City� osing
d are reasonable and related to the cost of disp `V
rates charge . �'
he schedule of charges will be reviewed by the
of the trees. T eration and at least
Board, City and OTC after six (6) months of °P
every six (6) months thereafter.
g, OTC will pro
vide funds with whic'n to operate and maintain
the Center and sha
11 be entitled to apply all revenues received,
such costs, including charqes and sales receipts.
towards eration of the Center,
�. All revenue received from the �P Wood by-products,
udin �inco�le. received �from marketing and selling
incl g � • - o erational costs,
a ent of day-to-day. P
shall be applied to` the p Ym
ents. OTC shall then apply such revenues anc�
including lease paYs'n ital eqUiPm`'t'�
' ncome towards a reserve for depreciation for the cap
i C'"`"y
and building
according to a schedule agxeed to between Board,
ereafter any remaining revenue and income shal
e
and OTC, and th
net profits and shall be distributed annualll as
d�si.ynated as ement fee; one-th1tU
f�l�ows: one-third (1/3) to OTC as a manag .
to the Board and one-^third (1/3) to the City.
(1/3) a day-to-day operation
g. If income is insuff icient ta p y deficits
expen
ses, and meet depreciation reserve require�ents,
will be made up as follows:
. 4�
. . ��� .��� �,
. � • � ' � I
, ,
. , ;
�
(p,) Up to $97 , 500 of deficits plus interest thereon
in each twelve (12) Snonth f iscal year will be
allocated and assessed at the end of each such �
year equally among OTC, the City and the Board.
Each of the parties will contribute its pro-
�;
�ortionate share of these deficits in the �;
form of a cash contribution to the project
within thirty (30) days of receipt of its
assessment.
. �g) OTC will absorb and pay for all deficits in :
ss of $97,500 for each twelve (12) month , �
exc e .
fiscal year.
9. OTC shall keep suff 'icient reCords of all income and �
ex enses of the management and operation of � the Center, in such
P
form as may be required by� tne City and th.e Board and according ro
standard acceptable accounting practices. Both the Board and the
Cit shall be allowed complete access to all records, reports and
Y
other data maintained by OTC for the operation and maintenance of
th� Center, and the OTC' s records shail be subject to an �nnu�-►.�.
indepenclent audit if so desired by either the Board or the Ci�Y-
VI '
All trees felled or trimmed by the Board and the City shzl].
be processed at the Center. The Board and the City agree that th�y
each shall not dispose of trees at any otner place nor in any other
manner than at the Center.
5.
._ . . . . �=�'�=�3�
,
�zz
In the event that the City and OTC do not enter into a
' management agreement :
management agreement, or in the event that the
d not be renewed, the City shall operate and maintain
shall expire an olicy-
Center with mutual control of administration through a p es of
the resentativ
board to be made up of an equal number of rep ��
making eration of '�
the C ity
and Board, and all expenses incurred in the oP .
the Center
shall be borne ec�ually between the Board and the City.
VIII
b mutual agreement
This agreement may be terminated only Y
In such event title to the Center
between the Board and the City. , a to the Board
shall be vested in the City and tne City shall p Y
1 2) the depreciated book va].ue of the building and
one-half ( / .
equipment comprising the Center.
. , ZX
,,., .
In the event the project and Center shall be abandoned,
tit e
assets of
the Center shall be liquidated and the proceeds shall be
used f
irst to pay the costs of said liquidation with the balance
to be divided equally between the Board and the City.
X
The City shall establish an enterprise fund for the City
ich all receipts and, disbuXSements shall be made. ,All
from wh as
am
ounts credited or received as "reserve for depreciation ,
" ed for in Article V, shall be funded in cash and shall e
provid and the
the C i ty
retained in the enterprise fund established by �� inc luding ali
stuns so accumulated as "reserve for depreciation ,
t earned thereon, shall be used for the purchase of
interes ,
6.
� . - � . -, . . . � � ������
�
,
additional equipment and major xepairs or zep
lacement of equipment,
ma be authorized and approv�d by both the Board and the
all as Y
U on termination of this agreement, as provided for in
City. P �
Articl
e VIIIr all remaininq funds in the account "reserve for
depreciat
ion" shall be distributed half each to the Board and to
the City. , • �>
XI �
' ons recommendations and approval required of the
All decisi r y the City' s
Cit and the Board respectivel shal.l be exercised by
y nee and
ctor of Department of Community Services or his desig
Dire .
by the B
oard' s AsSistant Superintendent of Operations oz his
designee. '
IN
WITNESS WHEREOF, the parties have caused this agreement
o be executed as of the date and year f�.rst , �bove written.
t .-T
NII�INEAPOLIS PARK AND RECR�A7.'IO�i i30t1Ri�
ppproved as to form: �-_, - ,
r, , .
W •' � B �� �,l
It�: ���}ES����
r � ' � a
�
�: ��- .��--- _
;.ts: ���%���';
'�' G���
� By /(c��
City of Minneapolis
� Comptroller-Treasurer
7 .
� . . ,I• . - � , .. . + � • //r J� ' ���
l/� 0
t •
Approved as to form: . CITY OF SAINT PAUL
. By:
Assist City A orne ayor _
y
,
. gy . . .
�r Directo , Department ot Finance
+��' and Management Services �� _z y_ 7 �
. " � . �
• i
. , .
8.
..�. . • I � �,,��'.�- y�.�z
CITY OF SAINT PAUL
- OFFIC� OP' THE CITY COIINCIL �
��o�se
��fu�uuo
�����Of�6 • .
' '�°� 0 a t e : May 22, 1985
COMM (TTEE RE PORT
TO = Sa�nt PQU1 Cii`y Council
F R � M � C o m m i t t e e O h ENERGY, UTILITIES AND ENVIROIW�IEI�iT
C M AIR Councilmember Kiki Sonnen
Resolution authorizing City to execute an agreement with the Minneapolis
Park and Recreation Board,providing for the rescinding of all prior
agreements between the City and said Board concerning the Pigs Ey�
� Wc�od Utilization and. Disposal Cent�r:
� At its meeting of May 22, 1985, the Energy, Utilities and �
Environment Committee reco�ended approval of above
resolution.
CTTY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102
.,�.„