84-305 WNITE - CITV CLERK
PINK - FINANCE GITY OF SAINT PALTL Council �'�_30� �
CANARV - DEPARTMENT File NO.
BLUE - MAVOR
RETURN COPY TO VAI,UATIONS
DNISION ROOM 218 Council Resol tion
� �
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the Council of �he City of Saint Paul dces hereby authorize
and direet the proper City officials to execute on behalf of the City of Saint
�ul, a three way real property I�irticipation Agreement by and between the City of
Saint Pa.ul, the Caunty of Ramsey and the Port Authority of the City of Saint Paul
for property legally described as:
Lot 2, Block l, Energy Paxk and
Outlot G, Energy Park
Said Participation A�reement provides for in�ress and egress access on, over and
across to the Port Authority or its representatives for the purposes of aperating
and maintaining the wellhouse located on Outlot G, Energy l�rk Addition; and
FURTHF�t RESOLVED, that the prc7per City officials axe hereby authorized and
directed to execute a deed eonveying Outlot G, Energy Park Addition to the Port
Authority of Saint I�ul for a weLlhause in connection with the development of
Ener�y Park; in a form authorized and accepted. by the City Attorney; and
FURT�R RESOLVID, th�t the proper City officials are hexeby authorized and
disected to execute on beha,lf of the City of Saint Paul a revised Lease Agreement C.S.
16 between the City of St. Paul (Commn�nity Services) and Ra,msey Crnznty for �he land
occupying the Oscar Johnson Ice Arena and ad�acent parking axea and legally described
as follaws:
Lot 2, Block l, Energy Park Addition
COUfVCILMEN Requested by Department of:
Yeas Fletcher Nays
Drew �_ [n Favor Fi e and Mana, em�nt Services
Masanz �
Nicosia
�.f+s�a � __ Against By Director
TedesCo
Wilson
MAR -6 198� Form Approved by City Attorney
Adopted by Council: Date � � n
� 3 13 `f
Certified as e Council cre gY t , C r�'—'
�
By
�1pp by 1�lavor: Date — Approved ayor for Subm' sion to Coun il
.� — sY �
PUBLISHED MAR 1'7 198�
� � G�F ��-�°-s
A G R E E M E N T
THIS AGREEMENT, Made 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 did 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
Park; and .
WHEREAS, the City of Saint Paul has established a development
district known as the Energy Park Development District and has
designated 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
• � .3
/ . •
: � � � C r- �y-3Qs"
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 1, 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
. WfiEREAS, 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 l, Block 1, Energy Park necessary arrangements
� will 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. �
. . C F ��!-�o�
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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 1, 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 0� THE CITY OF
• SAINT PAUL
By
Its
BY
Its
: ' ,�
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. �� ��1-�.3os
. � •
CITY OF SAINT PAUL
By
Its -
$Y
. Its
COUNTY OF RAMSEY
. By�
APPROVED AS TO FORM. I t rhatrn+en_ Boerd of �ommK�onan
�,8�.�� c. �.�:�v �-l 83
ASSISTANT COUNTY ATTORNEY
R�msey Cou�ty, Minnesota By
t s �h' f Clerk-County Boer'd'
�-�� —
.. 4 .
�
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• ' '' • � • �
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY ) �
On this day of , 19 , before me, a
Notary Public wit�in and for sai ounty, personaZTy 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 Fublic
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
On this day of , 19 , before me, a
I�otary public witTin and for sai County, personalTy 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 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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, � . • , C� �y_3o�
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STATE OF MINNESOTA )
) ss. : �
COUNTY OF RAMSEY )
`
Qn this �� day of , 19�, before me, a
Notary public within and for s County, persona ly appeared
and �. �N(/� �
to me persona y nown, w o, eing by me u y sworn, i say t at
they respectively are the ��j�/� and �
of the County of Ramsey, a political �ub-division of the tate o ~
Minnesota named in the foregoing instrument, and that said instrument
� w signed py�/ half of said political ubdivision said
V(/ and fi� �4�4�-L—
ac now e ge sai instrument to be the ree ct an ee o sai
political subdivision. .
�
, �
' Notary P � AAARY J. NlOpDRICH r
-"f ' hOTARY PUSIIC—AA3;dtEESOTA
` �� DA,�O7�COL't1FY
� �� hiY COh1ld.EX(ifRES PtOV.21, 1So9
Y
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Corpo atiOn'or Parntne shipA'M DEED Mlnnesota Uniform ConveYancing Blanks(1978) Y "� Miller-Davia Co..Minoeapqljs
to Corporation or Partnership
No delinquent taxes and transfer entered;Certificate
of Real Estate Value ( ) filed ( ) not required - '
Cert.ificate of Real Estate Value No._. �
---- --, 19 _ �
:�
County Auditor
by , ..
Deputy
S`I'ATE DFED Tr1X DUE HEREON: $ � ,
Date:—. , 19------
(reserved for recording data)
FOIt VALUABLE CUNSIDERATION, City of Saint l�,ul �
, a Municival Corporation under the laws of �
The State Of Minnesota , (arantor,hereby conveys and quitclaims to �
Port Authority ,Grantee, �
�l -�uh�ic Cc�rz cirRtian tindcr the laws oi The State of Minnesota , real propert;�in
___Ramsey ('ounty, Minr�esota, described as follows:
Lot 2, Block 1, Energy Pa.rk, Sub3ect to Utility Easement Rights
lif more space is needed,continue on back)
tc��;E�tklcr �vith all heredit,aments and ap��urtenances belonging ther.eto. �
City of Saint I�ul �-
. � ;
, . By '
Its Mayor
By
Its f:ity Cl .rk ' �
STATi; OF NIINNESOTA
By �
COl)NTY OF SS� Its Director of Finance & Manage- �
--- ment Services
`1'he foregoing was acknowledged before me this day of , 19 ; ,
by=_� and ' �
the and � �
of _�. — , a I
undcrr the la�vs of , on behalf of the �
NO'I'.4RIAL STAMP OR SEAL (OR OTHER T1TLE OR RANK) I
I SIGNATURE OF PER90N TAKINd ACKNOWLEDGMENT
Taz Statement� !or the rasl proyerty de�ezlb�d la th4 fn�trumenL�hould
bo eent to(Include name and addreu ot Graatee): h
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'PI{!S I:Vti'['BU:�iGN'C WAS DAAFTLU BY(NAME AND ADDRESS):; �
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THIS AGREEMENT, Made and entered into this day of
19 , by and between the CITY OF SAIN.P A4UL, a municipa.l corporation of the
State of Minnesota, hereinafter referred to as "City", and the COUNTY OF
RAMSEY, a subdivision of the State of Minnesota., hereina.fter referred to as
"County";
WI'PNESSETH:
WI�REAS, 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 �perated 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 Sta.dium
for the purpose of constructing an Artificial Ice Arena; and
WHERFAS, The City desires to cooperate with the County in making possible
the construction of the said Artificial Ice Arena;
NOW, THEREFORE, THE CITY AND COUNTY AGREE AS FOLIAWS;
l. The City, for the consideration hereina.fter set forth� dces hereby
let unto County certain property located within the City of Saint Pa.ul, Ramsey
County, State of Minnesota., described as follaws, for a term of ninety-nine
(99) years, commencing on March 15, 1971.
Lot 2, Block 1, Energy Park, subject
to utility easement ri�hts.
2. County agrees to use the above-described real property for the con-
struction and operation of an Artifici.al Ice Arena on],y, and if the use of the
demised premises for an Artificial Ice Arena is discontinued by the County,
this lease sha.11 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 opera.te the Artificial Ice Arena in the manner set
forth in Iaws 1969, Chapter 1055, and, flarther, that it will extend the use of
the fhcilities �ee to public, parochial and private secondary schools loca.ted
in Ramsey County, and such other f�ee uses as the County shall be permitted to
provide.
�+. County shall construct, opera.te and mainta.in this Artificia.l Ice Arena.
in strict compliance with all applicable laws and at its awn cost and expense,
and County expressly agrees and undertakes herewith to f�l.ly indemnif� and
hold harmless 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 occupation
or use of the demised premises by the County.
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� •
Upon the termination of this lease a�reement or the discontinued use of the
demised premises for an Artificial Ice Arena, the County express]y 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 have the right to enter
into and upon the demised premises and improvements thereon during reasonable
business hours for the purpose of examinin� and inspecting the sa.me aad de-
termining whether the County shall have complied with its obligations hereunder
in respect to the care and maintena.nce and use of the premises.
In the event there is arLy prior existing lease between the County and City
covering the sub3ect property, it is agreed and understood that the lease shall
cancel and terminate sa.id prior lease as of the effective date of the lease.
IIJ WITI�SS WI�REOF, 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 SAII� PAUy
BY
Assistant City Attorney Mayor
Director of Community Services
City Clerk
Director of Fir�ance and Mana.gement Services
In the Presence of: COU1�Y OF RAMSEY
_ By
. Cha.irman, Boa of Coun y Commissioners
Approved as to Form and Execution:
County Attorney
_2_
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w�r+An�A x, __ �ae� • �EPART�•1ENT
Dave Nelson : �,ONTACT� ✓ ,
�9�8-5317 �pHONE
' OATE reen e e .
____�. �. _ �
(Routing and Explanati� Sheet) �
Assign Nwnber far Routing Or�r (C)ip A1] Locations for Mayoral Signatur��_. 'J��
�. IVED �E9 1 �:� 1��
_,�„r Ci ty Attorney r
FEB � 1 1984 R��FI�IED .� C1Ti� ATi 0,����Y
Finance and Manaqement Servic�s Di�S OFFICE�EB 15 1984
City Clerk �
Budg�t Di rector OFFEC� OF THE Dl�EC70R
DEPARTMENT OF F�'�IA►�CE
� Valuations AND MANAG�t�EN r SERVICES .
�hat Wi11 be Achieved b� Takin�,,�►ction on the Attached Materials? �(Pur�ose/Ratiar�ale�_
l. Prcnride access rnrer City land to the Port Authority in order for the Port
Authority to operate a wellhaase �or Energy Paxk. The City land has been
lea�ed to the Canxnty for the Miclway Ice Arena.
2. Deed Fort Authority 4atlot, f}, Energy Park on which the wellhcn�se he»s been
constructed.
3. Authorize and direct City Of'ficials to execute revised lease agreement C.S. 16
betxeen City a�d County for the Midway Ice Areaa Grc�a,nd Lease.
�inancial , Budg�Cary and Perscnnel Impacts �ticipated: _
No anticipe,ted impacts
Funding Saurce artd F�td Activity N�er Charged or Credited:
Attachments (List and Number all Attac#�rits�• �
�_�._... �
l. Resolution 5• 1�P
2. R�rticip�,tion Agreen ent
3• Deed
4. Lease C.S. 16 Revised
DEPARTMENT REVIEW CITY ATf4RNEY REVIEW
� Yes PFo Council Resolution Required? Resoiution Requ�red? Yes No
Yes x No Insurance Requir�d? Insurarac� Sufficient? Yes No
Yes x No Insurance Attached?
Revision of 4ctober, 198Z
(�ee Reverse Side for Instructions)