84-373 WHITE - CITV CLERK
PINK - FINANCE G I TY OF SA I NT PA U L Council /�'/ /�
CANARV - DEPARTMENT File NO.---- �/ ` `y ��
BLUE - MAVOR
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RETURN COPY TO VALUATIONS Council Resol tion
ROOM 218 .
Presented By •
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the Council of the City of Saint Paul does hereby
authorize arul direct the proper City officials to execute on behalf of the
City of Saint Paul, a three-way real property Participation Agreement by ar�cl
between the City of Saint Paul, the County of Ramsey and the Port Authority
of the City of Saint Paul for property legally described as:
Lot 2, Block l, Energy Park ar�d
Outlot G, �ergy Park
Said Participation Agreement provides for ingress and egress acoess �, over
and across to the Port Authority or its representatives for the purposes of
c�erating and maintaining the wellhouse located on Outlot G, Energy Park
A�klition; and
,
PUK1�ID.2 RESOLVID, that the proper City officials are hereby authorized
and directed to e�cecute a deed oonveying Outlot G, Energy Park Additi� tA
the Port Authority of Saint Paul for a wellhouse in connection with the
development of Energy Park; in a form authorized and accepted by the City
Attorney; and
FUIt�'.R RESOLV�, that the proper City officials are hereby authorized
and directed to execute on behalf of the City of Saint Paul a revised Lease
Agreement C.S. 16 between the City of St. Paul (Community Services) and
Ramsey County for the land occupying the Oscar Johnson Ice Arena and
adjacent parking area and legallly described as follaws:
Lot 2, Block l, Energy Park Addition.
COUNCILMEN Requested by Department of:
Yeas �_ Nays //
`"f Fi nc and Mana nt Services
Drew � In Favor
Masanz
Nicosia ����� Dir�r
T� -�__ Against BY
Wilson
Adopted by Council: Date MAR 15 198�4 Form Approved by City Attorney
Certifie assed b Co il S retary By �- �� � 2��r ���
r ' r
By
EApprove IVlavor: Date ��� 9 198� Approved y ayoc for Sub ' ion to Council
BY BY
�UBLISNED MAR 2 41984
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A G R E E M E N T
THIS AGREEMENT, Ma.de and entered into this day of
, 1983, by and between the PORT AUTHORITY OF
THE CITY OF SAINT PAUL, a public body corporate and politic,
organized and existing under the provisions of Minnesota
Statutes Chapter 458, hereinafter referred to as "Authority",
and the CITY OF SAINT PAUL, a municipal corporation of the State
. of Minnesota, hereinafter referred to as "City", and the COUNTY
OF RAMSEY, a political subdivision of the State of Minnesota,
� hereinafter referred to as "County";
WITNESSETH:
WHEREAS, the City and the County di:d enter into a long-term
l�ase for certain real property located in the City of Saint Paul
near the old Midway Stadium for the construction and operation of
the Oscar Johnson Arena; and
WHEREAS, the City and the County are preparing to enter into ,
a modified lease for the Oscar Johnson Arena, as well as associated
adjacent parking, legally described as Lot 2, Block 1, Energy
Par'�t; and
WHEREAS, the City of Saint Paul has established a development
district known as the Energy Park Development District and has
desi�nated the Port Authority of the City of Saint Paul as the
administrator of the Energy Park Development District; and
WHEREAS, the aforesaid lands are within the Energy Park
Development District; and
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WHEREAS, the City will convey Outlot G, Energy Park
to the Authority for a wellhouse in connection with the
development of Energy Park; and
WHEREAS, for maintenance of the wellhouse it will be
necessary for the Authority from time to time to cross over
the parking area of Lot 2, Block I, Energy Park; and
WHEREAS, to facilitate the development within Energy Park
of a parcel of industrial property south of Lot 2, Block 1,
Energy Park the parties agree that the parking area adjacent
to the Oscar Johnson Ice Arena will be shared between the County
and the Authority or a tenant or assignee of the Authority during
the normal business day hours of 8:00 a.m. to 4: 30 p.m. , Monday
' through Friday; and
. WHEREAS, until such time as the Authority, a tenant or
assignee of the Authority develops the parcel south of the ice
arena, Lot 1, Block 1, Energy Park, the County will be responsible
for maintenance of the parking area, and at such time as develop-
ment occurs on Lot 1, Block 1, Energy Park necessary arrangements
�aill be made acceptable to the County and the Authority for shared .
maintenance of the parking area; . �
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES, the
parties hereto agree as follows :
1. The City will deed property legally described as Outlot
G, Energy Park to the Authority for a. wellhouse.
2. �
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2. The City will enter into a modified lease with the
County for the Oscar Johnson Ice Arena and adjacent parking
areas, Lot 2, Block l, Energy Park.
3. The County hereby grants permission to the Authority
to cross over the parking area of Lot 2, Block 1, Energy Park
for access as may be necessary to construct, operate and maintain
the aforementioned wellhouse .
4. That as soon as the Authority or a tenant of the
Authority or assignee develops Lot 1, Block 1, Energy Park, the
� County and the Authority or the Authority' s tenant or assignee
will share the parking area of Lot 2, Block 1, Energy Park during
the normal business hours of 8 :00 a.m. to 4:30 p.m. , Monday through
Friday, and will enter into a maintenance agreement as to the
parking area.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals as of the day and year first above written.
PORT AUTHORITY OF THE CITY OF
SAINT PAUL
By
Its
By
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CITY OF SAINT PAUL �
By
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BY
. Its
COUNTY OF RAMSEY
By t
APPROVED AS TO FORM. I t �h��,_ �,ro � corr+m�wn�s
��c�.�cc.2P C. �.�:20 '1-l-83
ASSI�TANT C�UNTY ATTORhEY
Ramsey Cou�ty, Minnesota By
t s �h' f Clerk-Counly Boerd
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STATE OF MINNESOTA -
ss.
COUNTY OF RAMSEY
On this day of , 19 , before me, a
Notary Public wit in and or sai ounty, personalTy appeared
and
to me persona y nown, w o, eing eac y me u y sworn, i say �
that they respectively are the President and the Secretary of the
PORT AUTHORITY OF THE CITY OF SAINT PAUL, the public corporation
named in the foregoing instrument, and that the seal affixed to
said instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed on behalf of said �
corporation by authority of its Board of Commissiones, and said
� and
ac now e ge sai instrument to e the ree act an ee o sai
corporation.
Notary Public
S�TATE OF MINNESOTA )
) ss .
COUNTY OF RAMSEY )
On this day of , 19 , before me, a
Notary public w tFin and for sai ounty, personal?y appeared
and - �
to me persona y nown, w o, eing y me u y sworn, i say t at
they respectively are the and
of the City of Saint Paul, t e municipa corporation name in f e
foregoing instrument, and that said instrument was signed on behalf
of said municipal corporation and said
and . acknow e ge sai instrument to
be t e ree act an ee o sai municipal corporation.
Notary Public
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, � ' . ��. ;' �' �' �; �,� .����`-�'
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
`
On this �� day of , 19��5 , before me, a
Notar ubli within and for s County, personally appeared
Y P ,�A. .
and �. N(�} �-
to me persona y nown, w o, eing by me u y sworn, i say t at
they re spective ly are the (�'���a�/� and � L��
of the County of Ramsey, a politica �u�division of the tate o
Minnesota named in the foregoing instrument, and that said instrument
� w s signed py�/ half of said political ubdivision said
UU and �� i4�S�4C-L—
ac now e ge sai instrument to e the ree ct an ee o sai
political subdivision.
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� Notary P � ' y
MARY J. NlOpD!tlCH
`'-<1 � h'JTARY PU8L�C—FQl,lt.'c'S�J7A
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�riY CO?�1fA.E.YPtRsS FtOY.21. 1 So9
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LEASE AGREEMENT
THIS AGREEMENT, Ma.de and entered into this day of
19 , by and between the CITY OF SAINT A�UL, a municipal corporation of the
State of Minnesota, hereinafter referred to as "City"� and the COUNTY OF
RAMSEY, a subdivision of the State of Minnesota., hereinafter referred to as
"County";
WITNESSETH:
WHEREAS, The County is authorized by Laws 1969, Cha.pter 1055, to acquire
from ar�y source, by purchase, gift, lease or condemnation, sites for eight
Artificial Ice Arenas to be maintained and operated by the County; and
WI�RFAS, The County has requested that the City lease, at no compensation,
a portion of the City's property located in the vicinity of the City`s Midway Stadium
for the purpose of constructing an Artificial Ice Arena; and
WHERFAS, The City 3esires to cooperate with the County in making possible
the construction of the said Artificial Ice Arena.;
NOW, THF�i�'ORE, THE CITY AND COUIVTY AGREE AS FOLIAWS;
l. The City, for the consideration hereina.fter set forth, does hereby
let unto County certain property located within the City of Saint Pa.ul, Ramsey
County, State of Minnesota, described as follows, for a term of ninety-nine
(99) years, commencing on March 15, 1971.
Lot 2, Block l, Energy Pa.rk, sub3ect
to utility easement rights.
2. County agrees to use the above-described real property for the con-
struction and operation of an Artificial Ice Arena only, and if the use of the
demised premises for an Artificial Ice Arena. is discontinued by the County,
this lease shall terminate, and the City shall be entitled to possession of the
leased premises without further action by either the City or County.
3. County agrees to operate the Artificial Ice Arena in the manner set
forth in Iaws 1969, Chapter 1055, and, flirther, that it will extend the use of
the facilities f�ee to public� pa.rochial and priva.te secondary schools located
in Ramsey County, and such other free uses as the County shall be permitted to
provide.
4. County shall construct, operate and mainta.in this Artificial Ice Arena
in strict compliance with all applicable laws and at its own cost and expense�
and County expressl,y agrees and underta.kes herewith to f�.i].�y indemnif�r and
hold ha.rmless and defend the City, its agents, officers and employees f�om ar�y
and all damages, claims, losses, 3udgments, suits, expenses, actions or causes
of action of whatsoever manner arising out of or occasioned by the occupa.tion
or use of the demised premises by the County.
. �r- �y.��
Upon the termination of this lease agreement or the discontinued use of the
demised premises for an Artificial Ice Arena, the County express�}r agrees, at
its awn expense, to remove all improvements on the demised premises and to
restore the demised premises to its origina.l condition and to the satisfaction
of the City.
At all times during the term of this lease, City shall ha.ve the right to enter
into and upon the demised premises and improvements thereon during reasonable
business hours for the purpose of exaraining arid inspecting the sa.me and de-
termining whether the County sha.11 have complied with its obligations hereunder
in respect to the care and maintenance and use of the premises.
In the event there is ar�y prior existing lease between the County and City
covering the subject property, it is agreed and understood that the lease sha.11
ca.ncel and terminate said prior lease as of the effective date of the lease.
IIJ WITNESS WHEREOF, The City and County have caused this Lease Agreement
to be executed pursuant to authority of its City Council and Boa.rd of County
Commissioners, respective]y, as of the day and year first above written.
Approved as to Form CITY OF SAINr PAUL
. BY
Assistant City Attorney Mayor
Director of Community Services
City Clerk
Director of Finance and Management Services
In the Presence of: COUNrY OF RAMSEY
By
Chairma.n, Boa.r of County Commissioners
Approved as to Form and Execution:
County Attorney
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Finance � Management Se�rv r.DFpARTt1ENT RECE
Da ve Ne 1 son -1'-ONTACT . ""
298-5317 p�ONF 2 9
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Feb_ ruary ,28, 1984 , DATE � TH E T
�RRI� '`� i��oa�heet)
Ass i� N�ber for Routi ng Order (Cl i p At l I.ocati�„ons f,orr Mayoral S i qnature):
� Department Di rector ���
x City Attorney _ ��i "'"'—
f�or / TN�S 1 S A� 4�.�cd��.
.•-�' Finance and Management ervi ces Df tor ��' ����0`� �`'K'��
RECEIVED StaF.�'� ObcE� �EY�.3,1
,,,�„ City Clerk �cldS 1.a6� ��+'�j�,
„� Budget Di rector MAR 1 - 1984 �'T�"�.
6 Valuations '
fCE
What Wi11 be Achieved by 7aking Actio� on the Attached MMiterfals? (QurposeJRatianale�_:
1 • Provide access over City land to the Port Authority in order for the Port
Authority to operate a wellhouse for Energy Park. The City land has been
leased to the County for the Midway Ice Arena.
2• Deed Port Authority Outlot G, Energy Park on which the wellhouse has been
constructed.
3. Authorize and direct City Officials to execute revised lease agreement C.S. 16
between City and County for the Midway Ice Arena Ground Lease.
Finaruial , 6�dc�etary �nd Per,sonnei ,Impacts Anticipa�ed: .
No anticipated impacts
Fun� Source and Fund Activity puqber Charged or C�d:
Attachn,ents (List and Nwiber a11 Attachments): �
I �Yi� ��I� ��� . . ._... _ ... ... .. . .
1. Resolution 5. Map
2, Participation Agreement
3. Deed
4. Lease C.S. 16 Revised
DEPARTMENT REYIfW CITY ATTQRNEY REYIEW
x Yes Na Council Resolutian Required? Resolution Required? Yes No
Yes X No Insurance Required? Insurance Sufficient? Yes No
Yes X No Insurance Attached?
Revision of October, 1982
(See Reverse Side for Instructions)