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266144 WHITE - CITY CLERK ����� PINK - FINANCE COIlIICll CANARV - DEPARTMENT GITY O. - INT PAITL File NO. BLUE -MAVOR � � � ' �� �esolution , Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the Council of the City of Saint Paul does hereby approve and authorize the execution by the proper City officers of a Cooperative Agreement between the County of Ramsey and City of Saint Paul providing for the establishment and operation of a landscape nursery by said City and County in accordance with the terms and conditions set forth in the Cooperative Agreement, a copy of �h3:ch is attached hereto. ,' _ COUNCILMEN Requested by Department of: Yeas Nays Christensen '''') � Hunt / In Favor Levine � , Rcedler Against BY Sylvester Tedesco President�i�3K Hozza Adopted by Council: Date � � � �� Form Approved by ity t rney Certified Passe ouncil Secretary � BY � t By _ ' Approv by May : D � Approved b a ssi to Council By By NiBUS� OCT i � 1975 . . _, �66�44 : REPORT TO THE HON. LAWRErJCE D. C�IiF.P1, P�tAYOR FROM: Th�aaa J. xolley, City Administrator . DATL: " September 18, 1975 � R�G1�RD�NG: Th� establishment of a tree nursery for the development, � maintenance, and ha'rvesting of planting stock for th� joint b�'nefit of the City ,of Saint Paul and Ramsey Caunty. � Under the ,terms of the agr.eement, a ten-acre site would be plant�d with whlps and �eedlings. The site, which is � owned by the County, is loca�ed near the Tntersection of Battle Creek Rd. and Florence Ave. All maintenance, stock purchases, planting and digging operations will be carried out by the City. In return for�the use of the land, the County will rece�t'v� 1D% of .the stock harvested. The first trees ►irFll be dug in six years. � � , � , SOURCE: Robert P. Pi ram , , � �, . . ; ACTI�N RLQU88�B: Approval of Council ResO�ution authorizing • Agreement between the City and County. . , .�* �' s � , � . ,�: w� . , Council Resolutiori � " ATTACHIYtiNTB: Agreement � , r ' f � � � �ss��� COOPERATIVE AGREEMENT BETWEEN RAMSEY COUNTY AND THE � C TTY OF ST. 'PAUL FOR ESTABLISHMENT AND OPERATION °3 OF A LANDSCAP$ NURSERY WHLREAS, the County and the City� each aeparately own and operate a sub-syatem of outdoor recreation open space within the geographic boundariea of the County, and WHEREAS, these aub-systems have been designed and are cooperatively operated eo that taken together with other local municipal, atate and privatety held outdoor recreational aub-systems within the County, they comprise the greater Ramsey County Open Space System, and WHEREAS, each have annual need of new trees, ahruba and other land- scape floral stock, for purposea of repleniahing and improving their re- spective outdoor recreation sites, and WHEREAS, for purposes of expansion and development of its Battle Creek Park, the County did apply to the State of Minnesota, did receive and now doea hold pursuant to M.S.A. 282.01, Subdivision 1, a '�use estate deed" to some twenty (20) acrea more or less, lying west of Battle Creek Road and south of Florence Avenue within the City of Maplewood and legally described as: Subject to street and (except for Battle Creek Park) , the east 1/2 of the southwest 1/4 of the southwest 1/4 of Section 2, Townahip 28, Range 22, and WI�REAS, the partiea find that within the above described property there is suitable acreage and soils upon which a landacape nuraery could be eatablished, and W[�REAS, the City has the Profesaional Personnel and Budgetary Resources with which to layout, stock, operate and manage a landecape nuraery, NOW, THEREFORE: the parties, pursuant to M.S.A. Section 471.59 agree caoperatively to establish and operate upon the above described premiaes, a Landscape Nursery to-wit; 1. The County will, commencing January of 1976, make available for purposea of this Agreement a ten (10) acre portion of that property found auitable within the above described tract. 2. The City agrees to establiah a Landscape Nursery upon said property and to operate same for the mutual benefita of both parties, as followa: a. All costs of operating the Landscape Nursery, such as maintenance, stock purchase, planting and digging operations will be the responsibility of the City. b. Nursery equipment use may be shared between the parties. _. . � � <,_ . •a . ., ����`Y� c. The City will inform the County yearly of the stock planted and dug for thaC year. d. The County will receive 10% of the re-plantable stock dug each year as the value accruing to the use of the land. 3. The City, acting in behalf of both parties, may enter upon the premises at will and to perform all operations neceasary to Chis ,joint City/County Landscape Nursery, provided however, that express prior written approval of the Board of Ramaey County Commisaioners ahall firat be obtained for the erection of any signs, fixtures or atructures, or alterations to the topography. �',;� 4. This agreement ahall become effective upon the date first above written, and ahall remain in full force and effect for a period of twenty (20) years therefrom, unless it be earlier terminated, pursuant to paragraph five (5) hereof. 5. Either party may cancel this agreement, by aervice upon the other party, a written notice of a desire to cancel, and can- cellation shall become effective ewelve (12) months next following the date of service. It is further a�reed, that the City may have an additional twelve (12) months in which to complete the phase-out of operations, removal and diatri- bution of nursery stock, of which ten percent (10%) of the re-plantable inventory existing at the time of termination aha11 accrue to the County. 6. The City ahall protect and indemnify the County from and against any and all clafms, demands, ,judgments and chargea arising out of or occasioned by the city's negligent occupancy and use of the premiaes. IN WITNESS WHEREOF, the parties have subacribed their names as of the date and year firat above written. COUNTY OF RAMSEY CITY OF SAINT PAUL `/,. �� r� _ - �, 4 i• t�' Cha rman of the Board of C9finty Mayor C miasionere � _-y --'�7 f �'l�'.�21c' � '<ll�.�l�'� , Cou "�AdminisCrator ity Clerk Director, Department of Finance and Management Services APPROVED AS T�0 FORM: APPROVED AS TO FORM: �� _ ,-�-' �.. �.� Asaiatant� County Attorney Aesista� t ty Atj�o n