02-1145S ��o s�: ��.._� � - �`J zc. �\, � o o �
Council File # O a_ 1 1 y S
Green Sheet # �.O 3S o'� �
RESOLUTION
CITY OF SAINT PAUL, MINNE50TA
Presented By
Refened To
Committee: Date
1 WF�REAS, it is the responsibility of the Division of Pazks and Recreation to manage
2 the park and recreation resources of the City of St. Paul; and
4 WHEREAS, the McNeely Family proposes to make a multi-decade gift to the City for the
5 sole use of the Como Pazk Conservatory for both capital and operating expenses and to establish
6 an endowment fund to provide such funds in perpetuity, in return for the naming of the
Conservatory after a family member; and
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WF�REAS, the Division of Parks and Recreation, on behalf of the City wishes to accept
the gift so that it can enhance the outstanding collections of the Conservatory and insure the
integrity of this historic structure into the future; and
WHEREAS, the Saint Paul Parks Commission has unanimously supported and
encouraged the Division of Pazks and Recreation to pursue this gift and naming opportunity;
now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul hereby thanks the McNeely
Family and accepts the generous gift to the Como Park Conservatory, and appropriates the gift to
its exclusive use as set forth above, and in accordance with the terms set forth in the
Conservatory Gift Agreement, which the Division of Parks and Recreation is hereby authorized
to execute.
_.. . _ _ Qy•���C
DEPARTMENT/OFFICE/COUNCIL DATEINITIATED GREEN SHEET NO 203527
Parks and Recreation Dec 3, 2002
� CONTACTPERSONANDPHONE INITIAVDATE INITIALlDATE
" Liz Anderson ZE)B O DEPPATMENf DIREGTOR �!� 3 _dTY COUNCIL
„���N -
.. NUMBQi\� CITY ATTORNEY _CITY CLEHK
MUS� BE ON COUNGIL AGENDA BY (�ATE1 ROIrtING
OFDE3t FINANCIAL SERVICES OIF. _fINANG1Al SEFIV/ACCT6
�eCembef � �, 2��2 _MAVOR (OR ASSISTANn ,PARKS AND flECFEATION
,, iOTAL Y pF SIGNATVRE PAGES 3 ICOP ALL LOCATONS FOR SIGNATIPEI
, ACTION REQUE5fED: � g�C�,�j,��.:n '^
Adopt attached Council Resolution �
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, FECOMMENDATIONS: ApOmve (A1 or Rejec[ (R� , PEPSONAL SERVICE CONTRACTS MUST ANSWER THE POLLOWING QUE5TION5:
` _ PLANNIN6 COMMISSION _ CIVIL SERVICE COMMISSION �. Has ih�s pwson(6rm ever worked under a cortvact for Mis tlepMment?
� CIBCOMMITTEE VES NO-_ --
. STqFF 2. Has this pe�son/firm ever been a ciry em0�oyae?
' VES NO
^ DISTRICT COUNQL
, — — 3. Does th�s person/t)rm passess a skill no[ normally possesud by anY curreni c�ry employee?
� SUPP9RTS WHICH COVNCIL OBJECTIVE? VES NO
', Explain a0 yea answers on separate sheet antl alC+ch to green sheet.
INITIATING PROBLEM, ISSUE, OPPORTUNITV IWM1O, What, When, Where, Why):
- An anonymous donor proposes to make a multi-decade gift to the Como Park.Conservatory for capital and operating
purposes and to create an endowment in return for the naming of the Conservatory after a family member.
. ' ADVANTAGESIFAPPROVED.
Conservatory can enhance its collections and flower displays and ensure the integrity of the historic building.
41SADVAM'AGES IF APPftOV£D: ,
None
DISAOVANTAGES IF NOT APPFOVED:
City cannot receive gift through the Como Zoo and Conservatory Society.
� TOTAL AMOUNT OF TRANSAGTION S COST/REVENUE BUDGEfED ICINCLE ONE) YES NO
FUNDING SOURCE AClIVItY NUMHER
FINANCIAL INFORMATION: IEXPLAIN�
v �.-�t�
CONSERVATORY GIFT AGREII��NT
THIS AGRFFMF.NT, �e and entered into tbis day of , 2002, .
between the Donald McNeely family or their designated foundations, (hereinafter '�'amily"), the City of _
Saint Paul, a mimicipal coiporation, through its Division of Pazks and Recreation (heieinaftet °City"} and
Como Zoo and Conservatory Society, a non profit organizarion, incorporated under the laws of the State
of Minnesota (hereinafter "Society").
Wf�REAS, the Ciry of Saint Paul owns and operates the Como Park Conservatory, the
maaa;ement of which is under the direction of the Division of Parks and Recreation; and
WHEREAS, the NcNeely family proposes to make a si�ificant mulri-decade gift to the City for
the sole use of the Como Pazk Conservatory, in return for which they wish the Conservatory to be named
for a famiiy member; and �
WHEREAS, the Como Zoo and Conservatory Society is a non-profit organizarion which works
in parmersIup with the City to improve the physical facilities and the annual operarions of the Como Zoo
and Conservatory Campus, and which has the tesources to act as the fiscat agent for the gift to be made
by the McNeely fanuly;
Now, therefore, the parties do hereby agree as follows:
I. Term of the Agreement.
This Agreement shall be in effect from the date of its execufion ttuough the yeaz 2023, provided
that, if the conditions of Secfion 33 aze met, Szcfion 33 shall be in effect and be binding on the parties
in peipehrity and further pzovided that Section IV shall remain in effect until all �fts of money under this
Agreement aze fully expended.
II. Scope of Gift
2.1 The Family will donate annual gifts in the amounts set forth below. Each �ft shall be made
in Sanuary of the stated yeaz, with tlie exception of the initial gift which shall be made upon acceptance
of the terms of tlus Agreement by the Saint Paul City Council, and with the further exception of the 2003
gift, which shall be made following installation on the Conservatory of the signage described in Section
3.1, or on June 30, 2003, whichever is later:
2002: $ 1,500,000.00
2003: 1,500,000.00
2004: 200,000.00
200�: The base aznountfrom 2004, adjusted for inflation using the Cqnsumer Pzice
Index (CP�
2006-2023: The gift amount from each immediately preceding yeaz plus CPI
2.2 Payments to the City shall be made throngh the Como Zoo and Conservatory Society, which
shall act as fiscal agent for the City. The Como Zoo and Conservatory Society shall manage the money
__ �
oa-���,s
for the City independent of any money which the Sociery is contributing on its own behalf It is
understood by all pazties that these payments aze not mtended to affect the funding agreements
established between the Society and the City established by the Memorandum of Understanding betcveen
the parties dated October 18, 2001. ,
2.3 Parties understand tbat the Society will not dishibute the total amount of the gift each yzar,
but will divide the amount between the Endowment Fund, the Capital Gampai� and the Conservatory
budgat, in a manner agreed to by the Society and the City. The City has the ulrimate decision as to the
division of the amounts between each of the accounts.
2.4 If the Family faIls to make any of the gift payments, the Society, acting on behalf of the
City, shall pzovide written notice of such failuie to the Pamily. Failure to make the gft payment, or to
renegotiate a payment date within sixty (60) days of receipt of such notice wiIl be a basis for the City to
terminate this agreement.
III. Right to name Como Park Conservatory
31 Parties hereto agee ttiat in consideration for the gifts to be paid under this Aa eement that
the Conservatory shall be named the "Marjorie McNeely Conservatory at Como Pazk" Appropriate
signage will be installed on the Conservatory building. The design of the sign shall be consistent with
the historic nature of the Conservatory facade, the appeazance and the era of the structure. It shall read
"Marjorie McNeely Conservatory" and be composed of individual letters; appLO�mately eleven inches
high, constructed of silver anodized ahiminum and attached to and spanning approximately twenty feet of
the thirty foot length of the frieze of the Conservatory.
3.2 Signage identifying the Coriservatory building by the new name shall be designed,
fabricated and installed on the build"ang as soon following receipt of the first payment under 2.1 above as
is reasonably possible.
3.3 In the event that all payments aze made during the term of this Agreement, the name of the
Conservatory building will remain "Mazjorie McI3eely Conservatory at Como Puk" in perpetuity, except
that the Ciry may elect to eliminate the ghrase "at Como Pazk" at any time.
3.4 In the event the Family fails to make any of the payments and the notice under 2.4 is given
without the payment being made, the City can change the name of the Conservatory and it will revert to
the "Como Puk Conservatory" and sib age will be changed to raflect the chan�e in name. Such action
by the Ciry shall not affect any gifts previously made by the Family.
IV. Restrictions on Use of Gift
4.1 All gifts of money under this Ageement ue solely for the use of the Como Pazk
Conservatory. They may be used to support the operations and maintenance of the e�sting Conservatory
structure, e�sting outdoor gazdens and future outdoor gardens.
4.2 Receipt of money under this Ageement is not intended as a substitute for e�sting funding
by either the Society or the Ciry. Parties understand thai this A�eement cannot bind future budget
decisions by the Saint Paul City Council, but it is intended that any decreases in funfling to the Como
Park Conservatory necessitated by budget cuts or shortfalls shall be consistent with decreases in funding
to other Pazk budget funds, whether through the general or special funds. It is also intended that futuie
�a-t��,s
funding from the Society will not decrease at a Ievel inconsistent with funding provided to Como Zoo or
the Coma Campus. "
4.3 The gifts of money imder this A�eemen� shali not be continued in the event that 1) the
Conservatory is closed by the City of Saint Paul for a period exceeding three (3) calendar months for any
reason other than force majeure; or 2) the mission and/or principal use of the Conservatory is materially
changed and such change is not consented to by the Famity.
V. Operations and Maintenance of Conservatory
The City of Saint Paul, tYirough its Division of Parks and Recreation, owns, ma„aQes, maintains and
operates Como Conservatory. The City shall retain complete authority to supervise all operations,
including but not limited to buildings, collections and human resources. Nothing in this Agreement shall
be conshved to limit such authority to manage the Conservatary as part of ihe I7ivision of Pazks an@
Recreation. Tide to e�sting and future plant collections shall remain with the City.
VI. Teffiinafion
Tt is the understanding of the parties that the terms of this Agreement shall govem their
relationslup for the periods of time set forth in Secrion 1, unless sooner amended or terminated by
written agreement of the parties or by operation of Sections 2.4, 3.4 or 43.
IN WITNESS WI�REOF, the parties hereto have executed this Agreement the day and yeaz first written
above.
CITY OF SAIlVT PAUL
,,��- '`:`n� �.��.��
Director, Division of Pazks and Recreation
COMO ZOO AND CONSERVATORY SOCTETY
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resident
DONALD MGNEELY FANIILY
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Approved as to form:
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Assistan ity Attorney
Council File # � .� — ��� S
Crreen Sheet # �.O 3 S a1.�
r
Presented By
Refetred To
WHEREAS, it is the responsibility of the Division of Pazks a�fd Recreation to manage
the park and recreauon resources of the City of St. Paul; and /
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WHEREAS, an anonymous donor proposes to make a ulti-decade gift to the City for
the sole use of the Como Pazk Conservatory for both capital d operating expenses and to
establish an endowment fund to provide such funds in perp uity, in return for the naming of the
Conservatory after a family member; and
WHEREAS, the Division of Parks and R
the gift so that it can enhance the outstanding co
integrity of this historic structure into the future;
WHEREAS, the Saint Paul Parks
encouraged the Division of Parks and Re�
now, therefore, be it
. uC -�'- ,
i, on behalf of the City wishes to accept
of the Conservatory and insure the
>sion has unanimously supported and
to pursue this gift and naming opportunity;
RESOLVED, that the Council the City of Saint Paul hereby thanks the anonymous
donor and accepts the generous gift t he Como Park Conservatory, and appropriates the gift to
its exclusive use as set forth above.
Adoption Certified by �ouncil Secretary
By:
Approved by Mayor Date
By:
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
,
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Adopted by Council: Datk
Requested by Depa tment o�-
P�- �S 5 � �.�
BY: _ �i"� .r' YJ 2�''—" `-C