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97-135(�'4 ,� , �. , 1 � i t— e . ` - . . „: RESOLUTION CITY OF Presented By Referred to Council Eile # �� — 135 Green Sheet # � ! �5� Committee: Date a 9, 1 WI�REAS, the City of Saint Paul and Ramsey County are collaboraCing in efforts to 2 address the current ice arena shortage by expanding and remodeling the e�sting County-operated 3 Highland Ice Arena to a two ice sheet facility, hereinafter called the "Project," and 4 WHEREAS, the City has appropriated $1 million (CF 96-1261) toward the Project 5 contingent upon the Pro}ect receiving sufficient additional funds from ather sources, including 6 the County and the Minnesota Amateur Sports Commission's (MASC) grant program, for an 7 estixnated $2.6 million total Project cost, and 8 WHEREAS, the County by its Resolution 96-373 has approved a$2.6 million 9 amendment to its 1997 Capital Improvement Budget for the Project, including City, County and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 MASC funding, and WI-IEREAS, City officials aze authorized (CF 46-1154) to negotiate an agreement with the County for use of City's $1 million far the Project, and WHEREAS, Ciry and County officials have therefare prepared a Joint Powers Agreement which establishes the terms and conditions for development of the Project, including: a. Project size and scope b. Project plam�ing, design and conshuction processes and responsibilities c. Grant contract administration - by County d. Land lease for Project site - by City e. Title restriction on Project site as a condifion for receipt of MASC grant - by City f. DesignBuild contract administration - by County g. City funds payable to County upon County's award of designlbuild contract h. Ownership, operation and maintenance of completed Proj ect - by County i. Insurance and Indemnification requirements PAUL, MINNESOTA ��t -�3s 24 25 26 NOW THEREFORE BE IT RESOLVED, that the Council ofthe City of Saint Paul hereby approves said Joint Powers Agreement and authorizes the proper City officials to execute the Agreement on behalf of the City of Saint Paul. — -- ------------------------- r - ------ �� �� Yeas �� Nays �� Absent �� �� BZakeY �� '��� �� �� �� Bostrom �� ✓ �� �� �� �� Harris_�� ,/�( )� )� �� Mauer �� _/�) �� �� �� Megard_�� ✓�{ �� �� �� Rettman ��_��� �� �� �I Thune II �/If II II Adopted by Council: Date �9� Adoption Certified by Council Secretary BY ��, "� �� �—�� - Approved by y L�ayor: Date � 2! /� /`� 7- By : i� iiv�,fL�� � �G� ' ET— Requested by: vision of Pa � cs�an creatiorl� � By: - Form Approved by City Attorney By: . 4GCL� c✓'iv.��t Approved by Mayor for Submission to Council (? /J By: � � -�%Y�� DEPABTMENT/OFFIGE/CDUNpL Parks and Recreation CqNTAGT PERSON AND PHONE DATE MRIATED 7/28l97 John Wirka , 266-6411 pgg�GN " NIIMBEfiFO MUST BE ON COUNCIL AGBJDA BY (DAip O� NG February 12, 1997 TOTAL t OF SIGNhiUPE PAGES � (CI.iP ALL IOCATONS FOR SIGqATURE) GREEN SHEET INRIAUDASE � DEPAR'fMEMDIfSECTOR 2 cmarroa�r ��-�3s NO. 37155 INfTiALNATE 4 cm cour+ca 5 CRY CLERK _BUOGEf 01[tECTOR _FIN. & MGT. SERVICES OIR. 3 MAYOR (OR ASSISTANiI 6 Parks & Recreation ACT10N RERUESTED: Approval of City Council Resolution authorizing execution of a Joint Powers Agreement with Ramsey County for the Highland Ice Arena Project. RECOMMENDATIONS: Appraue (A) or RejeCt (R) __.PLANNING CAMMISSION _CIVII SERVICE COMMISSION _cia coenenmee _C 96-1154 A STAFF _ __DISlA1CTC0UNCIL � _ SUPPORTS WHICH COUNCIL O&IECTNE? INITIATING PROBLEM, ISSUE, OPPORTVNITY (Who, Whai, When, 4Vhere, Why): PEqSONAL SEHVICE CONTAACTS MUST ANSWEq iHE FOLLOWING nUESilONS: Hes thrs persoNfum ever worked under a cooaac2 far tttis department? VES NO 2. Hat this persoNfirm ever been a crty employee? YES NO �oes tM1iS person/fum posses5 e sWU not narrnaliy posSessed 6y any curtCnt city employeet YES NO �O�ain all yas answers on s¢parate sheet antl attach [o green sheeU City and County officials have prepared a joint powers agreemeni which establishes the terms and conditions for development of the Highland Ice Arena Project. z�r��a This agreement is a necessary step in the process to provide remodeling and addition to the Highland Ice Arena, and includes provisions for City participation in the Project's planning and design, establishes overail financial and construction administration responsibilities, Project ownership, operation and maintenance responsibilities, insurance and indemnification requirements a�d conditions for City's payment of its S1 million for Project costs. This resolution will be foflowed by a finai Project reso�ution authorizing execution of a land lease between the City of Saint Paul, the Saint Pauf Board of Water Commissioners and Ramsey County for the Ice Arena site. The lease document, attached as Exhibit C of the Joint Powers Agreement, will be completed as soon as the Project design has advanced to the point where the exact Iegal description of the leased area can be determined. As a condition for receipt of Minnesota Amateur Sports Commission grants for the Project, the leased area will be subject to a title restriction whereby Owner {City) agrees that ihe la�d "cannot be soid, mortgaged or otherwise disposad of by the public officer or agency which has jurisdiction over it or owns it without the approval of the Minnesota Commissioner of Finance." �'3��� � �� �° a�� P l��� TAL AbtOUNT OF TRANSACTION IbiNG SOUIICE COST/AEVEOIUE BUOGEfEO (CIRGlE.� """"'" ACiNITY NUMBEit �NCIAL INFOPMAi10N: �EXPLAIN) Couacil File n ��� , i RESOLUTION CITY OF SAINT PAUL, MINNESOTA Gree^ Sheet y�yg I ��1-135 � Preser.ted By ?eferre3 to Com-nittee: Date 1 �VFIEREAS, the City of Saint Paul Cin• Council has authorized the use of � i million 2 (CF 96-989} towazds tl�e constraction of an additional sheet of ice at the Highland Arena, 3 hereinafter referred to as the "Highland project", and 4 �VHEFtEAS, this authorization �vas made contingent upon the Hi�hland project bein� 5 reviewed by the Saint Paul Long Range Capital Improvement Committee and it receiving 5 sufficient additional funds froni other sources, including Ramsey County and Statz Mighty 7 Ducks funds administered by the Minnesota Amateur Sports Commission (MASC}, to meet the 8 entire project costs, which ��•ere listed at 52.6 million, and 9 «'HEItEAS, on September 3, 1996, the Ramsey County Boazd of Commissioners lo authorized a 52.6 milIion an�endment to the R� Counry 1997 Capital Improvement Budget i l for the Hi�hland project includins S I�> million of 1997 County Capital Improvement Bonds in 12 addition to the 51 million City of Saint Paul con�ribution; and 13 Z� 15 16 WHEIiEAS, on September 12, 1996 the Saint Paul Long Ran�e Capital Improvements Committee reviewed the Hiohland project, and �VHEREAS, the deadline for applicatioas to thz MASC for 1996 "Miehty Ducks" grants is October 4, 1996; 17 NO�V, THEREFORE, BE IT RESOLVED, that the proper City officials aze authorized 18 to prepaze and submit applications, in cooperation ��•ith Ramsey County, to the MASC for a 19 �2�0,000 "Mighty Ducks" new construction srznt and a"Mi�hty Ducks" renovation grant of up 2o to $100,000, and � 21 BE IT FURTHBR RESOLVED, that the proper City offieials are authorized to make 22 the appropriate contacts with the Saint Paul W2,er Utility necessary for gainin� land use 23 approvals for proceedin� with the Hi�hlznd project and 2� BE IT FURTHER RESOLVED, that the proper City officials aze authorized to 25 participate in pl2nning effors for the Highland p:oject, inciuding the establishment of a joint 26 planning team to include representatives of the Highland Hockey Community in addition to st2ff 2 7 from both the City of Saint Paul and Rar,sey Couaty and s , .� q`� -135 28 BE IT FIi�'ALLY RESOL�'ED, that t:e proper City offici�ls �.�e authorized to neeotiate 2 9 �z a�reement with Ramsey County for the use of S I miilioa of Cin� of Szint Paul funding 3 0 (Highland Ice Arena Project) to�vazds complecion of the High1�^�d project in combination w�ifn 31 51.25 million of 1997 Ramsey County Capital Improvemer>t Progrv bonds and State of 3 2 Minnesota ivfighty Ducks gr�.-�t funds. Requ.ested by: Ado�ted by Cour_cil: Dzte �4��. �_P�g( Fdoption Certified by Con::c+_1 Secretary bY _ �...�._. r.� Approved by M.ayor: Dzte: ��I ?L'1���" $r� �1,(G �; I � j •j � Divi oa o Par s �an�d ation � By :�� ��� �%" ���'E1:�-=`-�"'�a"�r`J Approval P.ecomme^ded by Budget Directoz: � sY: ` �i��� M 4 � ro:m Agproved by City A`t y BY � ��J •.i. ::v.�c.� �Q. -:�J \ —( '�-�.e- ; U F.aaroce3 y N,ayor fo bm ssion to Counci s�: �'1�--_-°._ JOINT POWERS AGREEMENT BETWSEN - RAMSEY COUNTY AND TSE CITY OF ST. PAIIL FOR ESPANSION OF THE HIGHLAND ICE ARENA ♦ y� .� � - � r ; ,s _�� �° '� . THIS AGREEMENT, is made and entered into this day of , 19 , by and between the County of Ramsey, hereinafter called "County," and the City of St. Paul, Minnesota, hereinafter called "City," both parties being governmental and political subdivisions of the State of Minnesota. WITNESSETH: WHEREAS, Ramsey County owns and operates a system of ten {lo) ice arenas, including Highland Ice Arena, for the benefit of the citizens of Ramsey County; and WHEREAS, The City, through its Parks and Recreation Division, provides a comprehensive parks and recreation program for the citizens of Ramsey County who reside within the City; and WHEREAS, The County and the City have,recognized the need to provide an additional ice arena within the County system to meet the growing demand for services by their common constituents; and WHEREAS, The City, by its Council Resolutions No. 96-989 and 96-1261, has appropriated $1 million for construction of an additional indoor ice arena adjacent to the County's existing Highland Ice Arena; and WHEREAS, The County, by Resolution No. 96-373, agproved an amendment to the 1997 Capital Improvement Program (CIP) budget of $2.6 million for construction of a new ice arena adjacent to Highland Ice Arena to be financed by the following sources: $1 million County 1997 CIP bonds (major projects); $250,000 County 1997 CIP bonds (renovation funds); $1 million appropriation by the City; $250,000 Minnesota Amateur Sports Commission (MASC) new construction grant; and $100,000 MASC renovation grant; and WHEREAS, The County, by Resolution No. 96-391, approved the tax levy to pay debt service for CIP bonds associated with the Project; and WHEREAS, The County and the City have jointly applied for a $250,000 MASC grant for construction of a new arena adjacent to the County's existing Highland Ice Arena with the understanding that the County will be the grant recipient and be responsible for administering the grant contract; and -1- �t� - t�s WHEREAS, The County has applied for a$100,000 MASC grant for renovation of the existing Aighland Ice Arena; and WHEREAS, The County and the City desire to work cooperatively to develop an arena complex at the FIighland Ice Arena site that responds to the needs of the skating community to the extent possible within available budget resources; NOW, THEREFORE, The County and the City, pursuant to the authority contained in Minnesota Statutes Section 471.59, commonly known as the Joint Powers Act, in order to accomplish the foregoing purposes, agree as follows: l. Proiect Description. The general Project description, hereinafter called "Project," will include the following elements: A new 85` x�20Q' indoor refrigerated ice rink, including mechanical and electrical systems necessary to effectively operate the facility; spectator bleacher seating capacity for 50o people; mezzanine levelflobby area of 2,000 square feet; 500 square foot concessions stand with storage; 120 square feet of offi:ce space; six team rooms approximately 300 square feet each; restrooms for skaters and spectators; separate rooms for mechanical sys�ems, storage, refrigeration equipment (equipment with capacity to serve both arenas), ice resurfacing machine (with direct interior access to both arenas and a snow melting pit); meeting and officials rooms; and dry land conditioning/weight training room. Term. This agreement shall be effective as of the date above and shall terminate on 1/1f2039. Joint Plannina. The County, through its Parks and Recreation Department, and the City, through its Parks and Recreation Division, shall jointly plan and design an addition to the Highland Ice Arena and modifications to the existing arena as may be necessary to provide a fully functional arena complex that best accommodates the needs of the skating public within available resources. The County and the City will invite representatives from the St. Paul School District and the local skating association to provide ongoing input in the design and planning of the Project. 4. DesignlBuild Team. The County, through the Joint City-County Purchasing office, wi11 issue a request for proposals for a design/build team to design and construct the Project. A representative of the City Parks and Recreation Division, along with County and community representatives, will participate in evaluating proposals and pregaring a recommendation to the County`s Board of Commissioners. -2- ��-�35 5. Cit�Review. The designfbuild team that is recommended to the Caunty Board of Commissioners, design development plans prepared by the designlbuild team, and authorization £or the design/build team to proceed with construction of the Project are subject to review by proper City officials. In the event of disagreement as to the adequacy of the design development plans, the parties agree to work together in good faith to reach a mutually agreeable resolution. 6. DesicmlBuild Contract. The County Board of Commissioners will be responsible for entering into a contract with a qualified design/build team. A. The County agrees to require the design/build team to include the City and the St. Paul Water Utility as additional insureds under the contract. B. The Cour�ty will require the designJbuild team to comply with a11 applicable codes and ordinances. C. The County will require the design/build team to conform to labor laws of the $tate of Minnesota and all other laws, ordinances and legal requirements affecting work in the City and County. D. The County will require the c�,esign/build team to protect against any damage to City and St. Paul Water Utility facilities located adjacent to the Project such that the City and the St. Paul Water Utility are able to maintain continuous, uninterrupted services. 7. MASC Grant Contracts. Upon notification by the MASC on award of grant contracts for construction of the Project, the County will enter into the grant contracts and be responsible for administering the contracts for the benefit of the Project. The City, as fee owner of the real property where the project will be constructed, agrees to execute and comply with the attached Declaration prescribed by the MASC grant contract, attached as Exhibit A, and incorporated herein. 8. St. Paul Board of WaCer Commissioners 199? Land Lease. The City shall, prior to construction of the Project, secure from the St. Faul Board of Water Commissioners a lease to the County of that portion of the Board of Water Commissioners property located in the vicinity of Snelling Avenue and Ford Parkway necessary to construct and operate the Project. Said lease agreement shall be for a minimum of forCy (40) years from the date of execution and shall incorporate the 1973 leased property (Exhibit B) and additional land necessary to develop and operate the Project. Terms and conditions of the 1997 land lease shall be in the general Eorm of Exhibit C, attached, and shall be approved by the City, County and St. Paul Water Utility. -3- `� �I -1�-s 9. 1989 Hicrhland Area Hocke�Association (HAHA) Lease. It is understood that the Project will require termination o£ the existing lease to FIAHA £or an outdoor rink at the Project site. The County agrees to communicate Project scope and schedule to F�AHA, to request HAHA's agreement to terminate lease and advise Board of Water Commissioners thereof, and to assist HAHA as may be necessary to secure new lease for outdoor rink at Aighland site, i£ so desired by HAI3A. 10. Remittance o£ Citv Funds. Upon award of the design/build contract by the County Board o£ Commissioners, the City wi11 remit one million dollars ($1,000,000) to the County for contract payments. The County will provide documentation to the City for all contract payments associated with the Project. It is understood that one million dollars ($1,000,000? is the limit of the City's project funding. 11. Design/Suild Contract Manaaement. The County wi11 be responsible�for management of the design/build contract. Any changes that may have a material affect on the Project will be reviewed with the design team prior to implementation. The County will provide for periodic meetings with the City and/or written progress reports throughout the Project period. 12. Ownership of the Proiect. All capital improvements made to the Highland Ice Arena under this agreement shall be the property of the County. The County shall ba responsible for all ongoing operations and maintenance of the expanded ice arena complex. 13. Scheduling of the Completed Proiect. The County will schedule the completed Project as part of the County system of ice arenas. The County agrees to consult with the City, annually, in its scheduling of the use of the completed Project. 14. Indemnifiaation. The County shall indemnify, defend and save harmless the City from any and all claims by or on behalf of any person or persons for personal injuries, wrongful death or property damages arising out of the performance of the obligations of the County as defined herein. The City shall indemnify, defend and save harmless the County from any and all claims by or on behalf of any person or persons from personal injury, wrongful death or property damages arising out of performance of the obligations of the City as defined herein. Nothing herein shall constitute a waiver of liability limits provided by Minnesota Statutes, Chapter 466, or other applicable laws. � `�`1-135 15. Citv-Countv Sblit of Fundina Surolus_ City and Count� agree to share surplus funds, if any, in the same proportion as their respective project funding, exclusive of any grant funds (1:1.25 City/County). IN WITNESS WHEREOF, The parties have hereto set their hands. RAMSEY COIINTY CITY OF ST. PAIIL By By Susan Haigh, Chair Board o£ Commissiqners � � Bonnie C. Jackelen Chief Clerk-County Board Department Recommendation: �'�! By Assistant City Attorney Gregory A. Mack, Director Parks and Recreation Department Date Approved as to form: Assistant County Attorney Risk Management Hudgeting and Accounting Date -5- EXHIBIT A ATTACFIMENT A DECLARATION l '�1 -� �S The undersigned, as owner of fee title to the real properry legally described in Attachment B, which is attached hereto and made a part hereof ("Property"), hereby declazes that title to the Property is hereby subject to the following reshiction: The Property is bond financed property witfun the meaning of Minn. Stat. § 16A.695, and cannot be sold, mortgaged or othenvise disposed of by the public o�cer or agency which has jurisdiction over it or owns it without the approval of the Minnesota Commissioner of Finance. Approval must be evidenced by a written statement signed by the Commissioner of Finance and attached to the deed, mortgage or instrument used to sell, mortgage or othenuise dispose of the Property. Title to the Property shali remain subject to this restriction until (i) the reshiction has been fully complied with as evidenced by a written approval from the Minnesota Commissioner of Finance, or (ii) a written release, releasing the Property from the resirictibn, signed by the Minnesota Commissioner of Finance, is recorded in the real estate records relating to the Property. � : Title: FOR PITBLIC ENTITY Subscribed and sworn to before me this _ day of , 199_ NOTARY PUBLIC This Decluation was drafted by: 31 EXHIBIT A Page 2 (INSER"1� m ATTACEiMENT R LEGAL DESCRIPTION 32 °(�-135 EXHIBIT g L�s� ac�Eas�2 °( `1 -135 � ' � .� � �' m�:.iS AGi =��.ri, :�ade �zd eaiered inio �his �• �-- '`. n a duy o: , (lACX�(Y.L .! / IC7t�� l�y and be�:reen �PB u11�' Q: $li11�= ��U'L 2 IIIllT17.C1D� �OT^ � f � 1 . . , rora�ion o_ �che S�<�e OI' l_' �naesew, ^�'_'°11'12iL'6}' :°=C LO cS ��Cili.jr 2riC1 $IYE C.�U1�1Y �. .'��±jS.�i�7� d Sll�C.1ViS10,^. O_ �:18 .`�'.�n�0 Ci i','1.:1'18SOL�� hereina_°tar re£e:r�d �O d5 ���'.OQi1Zj+��� ?+TLf�iC.7J �TiS' :+-,.-�_ .. :.....,:ulS, Tile Ccun�f is au�horized by Lai�rs 1559, Chap�ar i05�, to cC01:1:8 I?'Ol 2T?� S011T'CC� D?j 7�C't�85Q �_I'L� 2ease OT' conde^!na�ion si�es i0: eigh� .srtiricia? Ice i:rer.as �o oe maintained and operate3 'oy the Cou��y; and '-Tru;RrAS, lhe Cet:n�,� nas requesced that tiie 3o�rd o� �ta�ar Co: 1ea�e, at no con_r.ensa�ior.� a'portion oi the 9oard's proner�;� located =r_ the vicin�rv o� Sne1Ln� ar,ri i�ord Par,:;ay ior che pureose o£ constructi. g an �r�i_`:ci<1 Ice ;irena• end � �'�r_..�:�?S, 1ne Boa:ri ci iiater Cos�missioners des:^es to coo_ er2te �rith ;.he Cocn�y ir, mzking'possible ihe consi of tne said Ariiiicial ice �se.na� N0:�7, TF�;17�;� m�^. ��y ;�1D CDu�iTY AGRti� AS :OLLGS�'S: 1. The Board o� ?vater Comnissioners for the consideraiion. hereinaiie; set iorth, does hereby 1et unyo County cerisin nroperty Zocated 4ri�hin �he Ci�;� a= azint Paul, Raasey Coun�,�, S�,aie oi ifinneso�a, described as iollot.s, zor a �em o.i � �orty 1�0) yezrs, com7rienciag the day and yezr £irs : 2bove k:itten. That g:,rt o_° ine :vor�hr:est cuzr�er o£ P?orthiaes� quarte� (i��+� oi r?�." of 3ection 15, Tot, 28 idorth, Range Z3 �^es� of the Paurth Principal P�Seridian, St, peu�, R��eY �o�.�z�:;r, '<`iinneso�a described �s ioL7_o:•rs: The itiorth !�1 ieet of the South 1c97 S'eet; of �.he �ast 278 feet of the iiesu 753 feet; and Beg_nnin� a� a point on �he I;est line of sa..id N�;a4 distant 623.10 fee� T+orih oi the Souihtaest co�er thereo_, thence 2•iorth alon; said 4+esi line a distance a_ 69 •5 fee�, East para11e1 w the Soutl� Lne of 23S"r-4 oi P1:<`r:; Section 1j a disLance oi 1tS°.38 feet, thence deflec�ing Sou�hea_,;�erly i�y an angle of jl�� 50' 3fl" £or a di.stznce of 239•z!� fee;, �o a point lt97 feei North of sa.id South line of F:?•7=4 of i��:-:� Sec�cion i�, thence t:est pzralle? to said Soutn line a disthnce of b1.'72 feet, �hence deilecting �?orth:resterly by an angle of 63° R6� for a —� ---._ � /_.. ... � _. �t rj - I 3S distance of 86.23 feev, ti:ence Z•les� oarallel �e said South line a distance of 303.77 £ee�, thence North parallel �o �he 1•�est line of N4d,�—, oi i'�IW4 Sect_cn 15 a distance oi '-F8.80 feet, tnence bi�st parailei �o said South iine a distance of 193.15 ieet to ;oint of be�inning. Subject to Snellin� Ave. over the vlest 50 feet thereoi. 2. County ag_ees to use the above-aescribed real property iOT' �:12 COriStiUC�7.Qi1 d?1Q opera�ion OT' dri AT'i,li'1C1�1 r.C2 ''.Y'°YI2 only, ane i£ the use oi �he demised premises ior an Astiiicial Ice Aren2 is disconiinued 'oy the County, this Lease shall te?�nina�e, and the City sha11 be entitled �o possessio� oi the leased prem_s2s with- out iurther acticn oy e��her the Ci�y or Coun�;,*. 3. County agrees to operate the Ar�iiicial Ice Arena in the manner set forth in Laws 1969 Chapter 1055, ar.d, zurther, tha� i� will extend the use:oi tne iacilities to puolic, paroc�ial and nrivate secondar;��scnools located in R�*�sey County, and such o�her uses as the County sh�li be pe�ni�ted to provide. 4. County sha11 construct, operate and mainta_n the leased pre.mises in strict comnliance with all 2pplicable laws and at its ovrn cos� and expense, and County e;cpressly agrees and under- takes herewith to £ully inde.�nnify and hold har:�less 2nd de=end the , Boarfl oi [dater Comnissioners, its a�ents, officers. �nd e^.:p1_oyees =rom any znd all danages, claims, losses, jud�ents, suits, expenses, actions or causes of action of 4•�hatsoever manner arisng ouc of or occasioned ny the occupation or use af the dem=sed premises by the County. 5. County agrees that the maintenance and snovr plowing o£ the parlcing 1ot delineated in �he ].eased pronerty is its resnonsibility and iurther agrees that the Board of Water Gommissioaers sha11 have joint usage oi the parking lot to maintain its ad,jacent grounds and facilities. 6. During �he construction period,. County.shali cause its contractor to"take out and maintain coMnre::ensive pub2ic liabiZity (including automobile) insurance for and in behaif of itself. The City of St. Pau? and Board of Gdater Commiss?oners are joint ir.sureds, which wil? protect the City, tne Board and Lessee from claims £or damages and bodily injuries, i:�cluding accidental death; zs er=11 as from claims £or property damage rihich may arise fron operations, all oi•rned, .leased and nonoti•rned vehicles, incidental to the contract, including coverage for damage to structures or ur.der�;round iacili�ies oi any kind, Hrhe�her such operations be by the Caunty or by its contractor or subcontractor or by an;�one directly or indirectly emoloyed by elther of them. Sucn insurance sha11 ' also include Con�ractual Liability coverage and shall insure the liability assumed by the County under the inde:�nification clause �t� -i35 ccntained in �C7�5 contrac�. The min�mum amounts oi such publlc liabill�y insu=ance sra?? be as follovrs: Bodiiy injur� �nsurance (including death) in an anount oi not less tnan s250,000.00 for all damages arising ou� of bod-ly in,�uries to or dsavn of one oerson and su�ject to �he same 1�m_ts for e.=c� person in a total of not 1°ss tnan 5500,000_00 on account of anY one occurrenc°. Progerty damag� insurance in an amoun� of not 1°ss �han �100,OOC.00 for all damages �o or des�ruct:on o£ nroperty _n any one occurrence, and subject �c �f:2t limi� oer occurrence; furcner subject �o a totai of no� less than �2CO ior all d&7:dges to or des�<~uction of prcoerty d'.:ri-^•g th° policy perioc.� Workr,ien's co:�pensa�ion insurance Dl'OV1C177$ at least statutory li.�^i�s as provided by tne laws o� Minnesota. Said 2bove described insurances snall iaclude ���e provision they cannot be altered or, cancelled C'-iT'2:1$ the construc�ion period e:ccent on thirty days' written notice to the Board, and such i�suranc°s shall meet with the approval of the Cornoration Counsei of the Cit� of Saint Pau1. 7, Upon the termination of this Lease Agreemer.� or the discontinued use of the demised premises for an Arzificial Ice Arena, the County expressly agrees, at its own expense, to remove_a11 imnrovements on the demised premises and to restore the de�nised premises �o its ariginal condition and to the satisfac�ion of the Board of 47ater Commissioners. 8. At al1 times during the term o£ this Lease, City sha11 have the right to enter into and upon �he de.�ised premises and improvements thereon during reasonable business hours for the aurpose oz examining and inspecting the same and determining whe�her the Coun�y shall have complied ti•rith iL OI��.l$2t'.'=0Y)S hereunder in respect to the care ar.d maintenznce an� use of the premises. IN k'ITNES5 �riHEREO�, fihe City and County have caused thi� I,eaae Agreemen't tc be execu�ed pursuant to 2uthority oi its City Council and 5oard of County Corunissioners, resoective?y, as of the day and year iirst above written. ir_ °= esex:�s / . .- ,� ,- ( � ��=�i-- �`� -- - �� / � _ '� ��_ � , _ � � / . ;.Pp:?CV�D: / - i , '' V LL %7: = - Y' /��, ' � Cli='.ford '�YJHe�qiiri, �enera] � BO1.tZD OF ;'.TAT_"--R z;� cz�r= i, sa 3y � n �� esence o_`: CIT (�`�,� � — / EY _ �" . � C) /' � ,/Y ,^ � n ' ,•' :-,; _2! ���f� � J '� Lc�nard '.:. ie:^. � / . /� .1 n � rl. Hu: �1�1-135 �-.QF 79 i � o � p de_^.:, %' i / /. �: � Apnr �_. to ro:�: a�;_ �tznt �rpor :cion Cow1�e1 • �no*_'oved zs to Form and r�cecu�ion �his '2 :3' oi� 1972 l� ' � �sist<.nt C, or2�.� on i.o:msel THOMEIS :Y. K Ef_f r• • 'C In?Y ADFrtINIS?R;�?i�.� �.: �_�G•�LL-L � elt�es�= ; c : _ _� aud?.Eo * Cow�'�.ersi � a: �� C, J... �—r � �ri �4�F:-�. lt � �tci�l�_� 3obert �%. i:ude=n, ac �ing He?d De:ar�ent of Fin�nce C�t TY OI' . "•fS�Y By Chair-aa oz the L�oa: d oi Co; i�issione: s EXNIBTT C � � -135 LEAS� AGREE1iE1�"I' THf3.�GtiEG4LENT, niade and entered info this day of _ , by a�Fd Ix.'tsveen the CIT'i` OF SAIN"I' PAL�i_, a municipal carparati�n of tt�e State ai� Ivlinnesata,lieceinafrcr ceferreci tn as `Ciry", and the COUI�TY QP RAiti'1SEY. a subiii�'ision c�f Ure Statc of C�tinnesota, hereinafter referred t� as "Counn�"; and THL BO�RD OI� ��'t�TECt COi1i:�1ISSIt};�E(tS, a subdicision of�the State of h�iinnesota, heceinafter mfeneii co as "F�nard". � W ITVESSEI'�l: �i�'C{rRF4S, The Caunry tvitl leasz fram the }3oard, xt•nc� camgensation, a parcinn r�fthe F3aar�3`s rarope�� lorated in the vicinity of Sncllirig a��d Tord P�uk�,vay for the purpose �f canscructittg un artificiat ice arena; and «'H.t'sRF AS, "I15e Cau��csr� docs requesK that the Baard a41ot� ihe Comity ta espatici its artificial ic� aren� to include tl�e addition af a ne��� arena adjacent t� the exiscing arena and tn ex�wd the c�ebicle �Sarkin�t acea; and �VIiEREA5,'1he requested ne� arena is a joint p�u�ers ventare betu�een tiie Cotu�ty and Cit}, where the Cocint;� u;ill he the o�i�er and o�:rator of the duat ice arena buildingtsl, huilt to serve tk�e deenands r�f their cc�mmon cc�nstituents; and '�!'?.S.4AL!'t[:2T.S".RL'50G1.EASE.R1;:5 fcbmm�' 3. 194i °�� -�3S s���ar ��5, "fhe Board desires to cooperate x�ith the County and City in making possible the construccion vC the sai3 additionaI artilciai ice arena: ti0��' CITY AND COU�ITYAG12Er :�5 F�LL.OftiS: 1. The Ba�'d, for the consideration 4lercinaf'[er set forth, dnas hceebp• Iet unt�� Cc�unty ccrtain property, I�ereinafter re�crred to as "Preavses", tocated ca•i$iin the City of 5�unt Pat�l, I2 amse}� Cotcnt}', State ot' hfinnesota. described as fol(a4vs, far a tcrm �f forty� (44) qears, �ommencing at tbe date of execution of this leasc, 5aid term ma}� he eYteaded for additioital terms o£ ti7rc4 (4{l) year� br cansenE of the C�tmt�, Ciry and B�ard. That gart oftfie Ivarth«�est quarter ofNortttwest quarter {NZVI�4 af ir'iV 114} a£Sec:tion (5, Trnanship 27, Narth, Range 23 t'�'es�t nf the Fatzrth Ptincipal h�teridian, Sl. Pat�I, f�amscy C."'c�unty, h2i�wesaca d�scribed :u fi�Ilc�ws: The Nnrth 4�St Icet �f the South 497 feet; af the E�st 218 feet of thc 6t`zst 7�3 feeC �1 Bc��mnmg at a point on the �Vest tine afsai3 \'l�' 1:4 distant G�3.10 fi;et 1�`oi�th of the �otiEthtio•est camer tltereof, thence NorEi� along said �t`esC liue a dist��nce af Fi9.5 feet, Easc Paraftel to tlse South line ofN��' 1j� ofN�V i,�4 Sc�ti�n l� a clistancc of' �tS�I.?S icet, thencc deflectin2 Southeasteri�= b}° an angle of ��° ip' �0" for a N�;Nn1.6Clt fS:li[s41:,L.EASC RT:S 1'e6ru;uv 3. 7�7 2 ��-135 distance aF239.2� fect tc� a point 497 feet North of said South Iine of ��4" l:`4 of `�1�' i!�l Section 15, thence ��:'est para[tel to said 5auth line a distance ef 61.72 fcec, theace deflecting Northwesterlr b` an an�le nf f 3° 46' for a distance of Rfi:_'3 feet, thenc� ��'est parallcl ta said S�uth line a disk�nce of 303.77 £eet, tliencc I�forth paxaltel to ttte �L'est line of R4�' 1'� ofN�'� U4 Section 1 S a clistance of 43.86 I'eet. thence ���est parallel #o said SouBi line a dist�lnce oE 193. i 5 reet to pnint crf beginning. Subject to Sne[lina Avenue a4�er the �'est SQ fect tli�rc:of. NOTE: ADD FXPtLNSIOivT AFtt:a TO LEGAL - AS NEGESS:�R�' 2. County agrees ta use the abave-descrihed real property tor the con�tructio�t and a�aeration of an artiticial ice areua �iicli ac3jacent par��ne c�nty, and if the use of th�: peemiscs for an aMii7cial ice aren3 is clis�antinued hy� ihe County, ttzis L.ease sha11 termi�rate, and the fio�rct shall f�c entifled to passcSSinn nf the lcaseri premises wi$�out fuirt�ter action b}• eith�r Ehe k3aard c�r c��t�,t�. 3_ Gauni4 agrec,� ta optrate thz artificial ice arena in the manner set Porth in I.aws 19(9. Chaptc;r 10�5, g�e�eming tl�e acquisitian of sites for ice arenas and, furtttc.r, [hat it ti� exten�i ihe use of the fac.-i[ities tQ pubEic, ��arackual and pri�ate sc'condary schoais located in P�an�sey �'ouncv, and such other uses as Yfie Catcnty shall be permitted to provide. x �•.n+ns.�tr�irs.iccsc�i_t�s.cM,acs r�ha.�y 3. i�- G1 � -13�5 d. Cawitt• shall consuuct, apzt�tte and maintain thc Ieased premises in strict compli�trtcc tiiith all applicahle la�ss an� �t its oti.�n cast and e�ense, and County expressty agrees and undenakes lzeretiiith to fullv indemnif_r• and bold liartnless and defend the Buard, the Cin�, th�.ir agenu, c�fficcr; an3 emplopees fram a�ig and atl dama�es, cIaims, losses, iudwnsents, suits, expenses, actic��u or cattses° of actin�i af «�hatsoever nTanner arising aut of or nccasiorted by the crcc«�atic�n c�r use rFf the premises by tk�e Counr;. The F3oard has an e?cisimg 1 R mallian gailc�n ���ter storage resen°oir, cansinec�. d in i 92�5, lo�:ateii ciirectly «�est nfthe deseriba�ci premises and propaszd ice arenas. 'J�he floar e]ev�tion af t�is re.eervo'sr is approtimatety 10t34.i mean sea level (1�tSL} �r 30b Cit;= Dahmt and thc floor �levacivt� �fthe �+rapesed ice arena is 973.1 '�45L (?79 Citn Datum) or appratimatelp 27 feet I��tivtr. 71�e reservoir ciid have a Gsatf ane� flc>nr failure occur in the lafe 192(7's. The repz�ir h�s perfannect very we;€[ f�r 7(l years, but th� im�artance af the eartl�en dead load suppurt is nat knnG4n ai��i distitrtaance cif the eatth baekfiEi ��ay eotttpramise the st�ucturai ii�ce�rit� ansi nr a�er:aic�naE capahility of the reser�•oir. In the ew�ent that the ne�c arena is located west af the e:�istitig a.rc,�tia, there is a potential far damage ta ar interrupted use ofthis re.seR•��ir beth ciuring and aCter con;tructiort ot the praposed ic� arena. lf the new arcna is Is�cated �vest a€ thr exi,tin� areala, the Cnunty aerees t� catsipletely teim6urse and makc whole the tioard for nnF• ex�.case incurred t�y the F3oard due #a the arena cc�nstruction, nlaiateFiaFtce or opar<uion noce or in the future, a5 a re5iilt afthe arena constniction or aperation. ti �.htALBCRTS',kS�StJl�lFxISE.RI�S Fc6tirary 3. 1'Y37 ��-135 5. CounE4 agrees that the maintenance and snQw glo�in� 4f the garkin� lat delineated in �he leased property is its resp�nsibility and further aa ees that the Board shall have joint usa;e oF t tile pazkin� lot to �xzaintain its ad}aceni gronnds and facilities. (. t�urina t6e co�tstn.wtinn perind, the County cantractar shal] L�l:e �ut and maiata'uz com�reltei�si�e puhlic liability (iitcludin� automahit�} insurance far anci in bel�alf of iiscl E 1n�3 the Cit;.• of St. Paul as jc�inE insureds, �ti�hieh c�i{I pretect the City and Cc�unty ft�m clsims wt�ich aiay ai�se out of, or res-utt tiom, cantract�r's operation, under the contract, u•hether sucli c�p��Cions be by cnnts�actot or any suficontractor or anyone directiy entpl��yed hy titen�; c�r hy anyone far ulx3se acts �ny onc af Ehem may be Iiable. The rninimum amoua�s ot such insuran4e zhati he ss f�ifaws: a. Corntneeeial General Liability (I:.Sf� CCL form} I�linimum I.,imit�: $ 6U�.OtIfJ cach c,w•ent liruit 51,QOp,Q00 generaE a�reg�te $ i�(?06,t7fH} products�`campletec4 operations tatai iimit $ 60b,�00 �ersnaal injury utd advettising l+al�ilit�� N:1[,0.(.f3F.RTS�RESOI.;LCASL RES Fcbnrorp 3. 194? �1�1-I 3S The pnlic� is to be �i•ritten ont an accurrence basis or as accepklhle ta [he Caunty's Risk 1�lanager_ Certifieat�.s ef Insurance must indicate if the palicy i� issued on a ciaims-�nade or occune��ce L�sis and if coyernge is pravided for �, C, [J ha��rcis, if applicabte. T'}te Citp and Comtn•, their oF�cials anci employees sha}t be added as additional insw•eds. h. Aut�cnobite Liabiii�y� lnsurance '�liaxinium Linut: $6QO,Q00 Combinea Sinale Limit t;overa�e shall andude: hired, non-n«�led and o�lned auto c. W"orker; Catnl�ensation and Crnpicstefis Liabilit}� `r'�'ork�rs Compensation: per IvfN State Statute EmE�lot�er's f..iability I�tix�inzum Limits: �tiQr},OOb �cr accideni; $5dt�.DO(l �er empla}�ee: �50t].Q00 perdiscasc �olicy limit Qther Scaties Cc�4e��ase ^�:.AtAI.(iERTS:I2L-St�t.1L,4SG.RESFchruary},1947 � �2 - ti3S d. Professir�nal Liabilit� Insurance i�4uunuim Limits: � 600,0(70 per elaim S 1,�00 ,fl4f} a��*regafe �. License as cequired f. Certikicate shall indicate if poticc� is written i�ith an actntittc�{ or noa-ad�tiitte<1 camcr. 13es#s' rating Ior the insurer sl�all 6e noced nn the certiticate, and shail nat tre less than a B+. g. �JI Ccrtificates nf Insurance shatl �roti�ide that the insurance company �i��� the Cic�; aad the Ccrunty thirct' {10� days priar E�ritten notic;z af cancellaCinn. ac7n- rene�+�at e>r any material changes in the policy. 7. Upun the terznisintic�n of this Lease flgrcement or the disconti�,ued iwtie of thc �+reigiises fnr an acrifccia( ice arena, ihe County expressly agrees, at its o�4n e�pe�ase. te� rerno�e t+ll smpror on tlle prenuses and to rc;store the premises to its originaf conditian and to tl�e satisfacu��n of tk�e Board. ti 1M11.�L(fER7'S`�SiL•:S4L'.Ll':ASGR1;:5 Febru:vy 3, t'k)7 7 �� -�35 S. r'lt all times duriag the term c�f this T ease, Board sl�ai( hace the right to encer ineo �nd upon il�e premises artd impro�'ements therzan durin� reasonable husines�� houn For the pcup�}sa of e:taminia� an3 ic�specting [he samc an� deterniinine u°hefEier the Cottats shal! lti+ve com�l ied �t ith its ubtigatians hereunder in respect to the care and maintenance <uid use of the �remises. €�i �,E'[1Z1�S5 �l�i ��g�QF, The parties iiereto ha�e causu3 thi� LeaSe Asreement ta 1�2 executed as ak d�e day and y�r first ab«ve c� .:,rat.ueicn:xss�a� •t.sr+sE.r.r-s r�r,r;�r.• 3 ��c; R �l � -I 3S APPRO�•"ED: Bernie Tt. }3ullert, General ibfanaoer Appr��ved as fo FoCni: :�ssistan[ t:itv A[CameV Approti•eci as to Form: Rainse� C'�unty Attnmey Ba_arin oF r�•a:�x cotiu�nssto:vt,Rs CITSi flF SAL�T Pr1UL By President B}' Secmtari COTfiTERSTC�'Ell: B� Mariha Larson, Directcir, Deparim�nt of Finance and Mana�emcnt Serc�ices CIT�" t7E SaINT' PAL'L hi�3VQE F3v City Clerk COiT:�IT4' QF Rrtit4SEl' Av Susan Haigh Chair, Ramse�� Counry I3oard of Ca��zissiuncrs Bti> Bannie .iackelen Chief Clerk - fiount}• Baac�i Ni�Llf.l3iiR'iS'�RLSU(:11=-ASERES Fr.bru.ssy 3, 1�.�3? � (�'4 ,� , �. , 1 � i t— e . ` - . . „: RESOLUTION CITY OF Presented By Referred to Council Eile # �� — 135 Green Sheet # � ! �5� Committee: Date a 9, 1 WI�REAS, the City of Saint Paul and Ramsey County are collaboraCing in efforts to 2 address the current ice arena shortage by expanding and remodeling the e�sting County-operated 3 Highland Ice Arena to a two ice sheet facility, hereinafter called the "Project," and 4 WHEREAS, the City has appropriated $1 million (CF 96-1261) toward the Project 5 contingent upon the Pro}ect receiving sufficient additional funds from ather sources, including 6 the County and the Minnesota Amateur Sports Commission's (MASC) grant program, for an 7 estixnated $2.6 million total Project cost, and 8 WHEREAS, the County by its Resolution 96-373 has approved a$2.6 million 9 amendment to its 1997 Capital Improvement Budget for the Project, including City, County and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 MASC funding, and WI-IEREAS, City officials aze authorized (CF 46-1154) to negotiate an agreement with the County for use of City's $1 million far the Project, and WHEREAS, Ciry and County officials have therefare prepared a Joint Powers Agreement which establishes the terms and conditions for development of the Project, including: a. Project size and scope b. Project plam�ing, design and conshuction processes and responsibilities c. Grant contract administration - by County d. Land lease for Project site - by City e. Title restriction on Project site as a condifion for receipt of MASC grant - by City f. DesignBuild contract administration - by County g. City funds payable to County upon County's award of designlbuild contract h. Ownership, operation and maintenance of completed Proj ect - by County i. Insurance and Indemnification requirements PAUL, MINNESOTA ��t -�3s 24 25 26 NOW THEREFORE BE IT RESOLVED, that the Council ofthe City of Saint Paul hereby approves said Joint Powers Agreement and authorizes the proper City officials to execute the Agreement on behalf of the City of Saint Paul. — -- ------------------------- r - ------ �� �� Yeas �� Nays �� Absent �� �� BZakeY �� '��� �� �� �� Bostrom �� ✓ �� �� �� �� Harris_�� ,/�( )� )� �� Mauer �� _/�) �� �� �� Megard_�� ✓�{ �� �� �� Rettman ��_��� �� �� �I Thune II �/If II II Adopted by Council: Date �9� Adoption Certified by Council Secretary BY ��, "� �� �—�� - Approved by y L�ayor: Date � 2! /� /`� 7- By : i� iiv�,fL�� � �G� ' ET— Requested by: vision of Pa � cs�an creatiorl� � By: - Form Approved by City Attorney By: . 4GCL� c✓'iv.��t Approved by Mayor for Submission to Council (? /J By: � � -�%Y�� DEPABTMENT/OFFIGE/CDUNpL Parks and Recreation CqNTAGT PERSON AND PHONE DATE MRIATED 7/28l97 John Wirka , 266-6411 pgg�GN " NIIMBEfiFO MUST BE ON COUNCIL AGBJDA BY (DAip O� NG February 12, 1997 TOTAL t OF SIGNhiUPE PAGES � (CI.iP ALL IOCATONS FOR SIGqATURE) GREEN SHEET INRIAUDASE � DEPAR'fMEMDIfSECTOR 2 cmarroa�r ��-�3s NO. 37155 INfTiALNATE 4 cm cour+ca 5 CRY CLERK _BUOGEf 01[tECTOR _FIN. & MGT. SERVICES OIR. 3 MAYOR (OR ASSISTANiI 6 Parks & Recreation ACT10N RERUESTED: Approval of City Council Resolution authorizing execution of a Joint Powers Agreement with Ramsey County for the Highland Ice Arena Project. RECOMMENDATIONS: Appraue (A) or RejeCt (R) __.PLANNING CAMMISSION _CIVII SERVICE COMMISSION _cia coenenmee _C 96-1154 A STAFF _ __DISlA1CTC0UNCIL � _ SUPPORTS WHICH COUNCIL O&IECTNE? INITIATING PROBLEM, ISSUE, OPPORTVNITY (Who, Whai, When, 4Vhere, Why): PEqSONAL SEHVICE CONTAACTS MUST ANSWEq iHE FOLLOWING nUESilONS: Hes thrs persoNfum ever worked under a cooaac2 far tttis department? VES NO 2. Hat this persoNfirm ever been a crty employee? YES NO �oes tM1iS person/fum posses5 e sWU not narrnaliy posSessed 6y any curtCnt city employeet YES NO �O�ain all yas answers on s¢parate sheet antl attach [o green sheeU City and County officials have prepared a joint powers agreemeni which establishes the terms and conditions for development of the Highland Ice Arena Project. z�r��a This agreement is a necessary step in the process to provide remodeling and addition to the Highland Ice Arena, and includes provisions for City participation in the Project's planning and design, establishes overail financial and construction administration responsibilities, Project ownership, operation and maintenance responsibilities, insurance and indemnification requirements a�d conditions for City's payment of its S1 million for Project costs. This resolution will be foflowed by a finai Project reso�ution authorizing execution of a land lease between the City of Saint Paul, the Saint Pauf Board of Water Commissioners and Ramsey County for the Ice Arena site. The lease document, attached as Exhibit C of the Joint Powers Agreement, will be completed as soon as the Project design has advanced to the point where the exact Iegal description of the leased area can be determined. As a condition for receipt of Minnesota Amateur Sports Commission grants for the Project, the leased area will be subject to a title restriction whereby Owner {City) agrees that ihe la�d "cannot be soid, mortgaged or otherwise disposad of by the public officer or agency which has jurisdiction over it or owns it without the approval of the Minnesota Commissioner of Finance." �'3��� � �� �° a�� P l��� TAL AbtOUNT OF TRANSACTION IbiNG SOUIICE COST/AEVEOIUE BUOGEfEO (CIRGlE.� """"'" ACiNITY NUMBEit �NCIAL INFOPMAi10N: �EXPLAIN) Couacil File n ��� , i RESOLUTION CITY OF SAINT PAUL, MINNESOTA Gree^ Sheet y�yg I ��1-135 � Preser.ted By ?eferre3 to Com-nittee: Date 1 �VFIEREAS, the City of Saint Paul Cin• Council has authorized the use of � i million 2 (CF 96-989} towazds tl�e constraction of an additional sheet of ice at the Highland Arena, 3 hereinafter referred to as the "Highland project", and 4 �VHEFtEAS, this authorization �vas made contingent upon the Hi�hland project bein� 5 reviewed by the Saint Paul Long Range Capital Improvement Committee and it receiving 5 sufficient additional funds froni other sources, including Ramsey County and Statz Mighty 7 Ducks funds administered by the Minnesota Amateur Sports Commission (MASC}, to meet the 8 entire project costs, which ��•ere listed at 52.6 million, and 9 «'HEItEAS, on September 3, 1996, the Ramsey County Boazd of Commissioners lo authorized a 52.6 milIion an�endment to the R� Counry 1997 Capital Improvement Budget i l for the Hi�hland project includins S I�> million of 1997 County Capital Improvement Bonds in 12 addition to the 51 million City of Saint Paul con�ribution; and 13 Z� 15 16 WHEIiEAS, on September 12, 1996 the Saint Paul Long Ran�e Capital Improvements Committee reviewed the Hiohland project, and �VHEREAS, the deadline for applicatioas to thz MASC for 1996 "Miehty Ducks" grants is October 4, 1996; 17 NO�V, THEREFORE, BE IT RESOLVED, that the proper City officials aze authorized 18 to prepaze and submit applications, in cooperation ��•ith Ramsey County, to the MASC for a 19 �2�0,000 "Mighty Ducks" new construction srznt and a"Mi�hty Ducks" renovation grant of up 2o to $100,000, and � 21 BE IT FURTHBR RESOLVED, that the proper City offieials are authorized to make 22 the appropriate contacts with the Saint Paul W2,er Utility necessary for gainin� land use 23 approvals for proceedin� with the Hi�hlznd project and 2� BE IT FURTHER RESOLVED, that the proper City officials aze authorized to 25 participate in pl2nning effors for the Highland p:oject, inciuding the establishment of a joint 26 planning team to include representatives of the Highland Hockey Community in addition to st2ff 2 7 from both the City of Saint Paul and Rar,sey Couaty and s , .� q`� -135 28 BE IT FIi�'ALLY RESOL�'ED, that t:e proper City offici�ls �.�e authorized to neeotiate 2 9 �z a�reement with Ramsey County for the use of S I miilioa of Cin� of Szint Paul funding 3 0 (Highland Ice Arena Project) to�vazds complecion of the High1�^�d project in combination w�ifn 31 51.25 million of 1997 Ramsey County Capital Improvemer>t Progrv bonds and State of 3 2 Minnesota ivfighty Ducks gr�.-�t funds. Requ.ested by: Ado�ted by Cour_cil: Dzte �4��. �_P�g( Fdoption Certified by Con::c+_1 Secretary bY _ �...�._. r.� Approved by M.ayor: Dzte: ��I ?L'1���" $r� �1,(G �; I � j •j � Divi oa o Par s �an�d ation � By :�� ��� �%" ���'E1:�-=`-�"'�a"�r`J Approval P.ecomme^ded by Budget Directoz: � sY: ` �i��� M 4 � ro:m Agproved by City A`t y BY � ��J •.i. ::v.�c.� �Q. -:�J \ —( '�-�.e- ; U F.aaroce3 y N,ayor fo bm ssion to Counci s�: �'1�--_-°._ JOINT POWERS AGREEMENT BETWSEN - RAMSEY COUNTY AND TSE CITY OF ST. PAIIL FOR ESPANSION OF THE HIGHLAND ICE ARENA ♦ y� .� � - � r ; ,s _�� �° '� . THIS AGREEMENT, is made and entered into this day of , 19 , by and between the County of Ramsey, hereinafter called "County," and the City of St. Paul, Minnesota, hereinafter called "City," both parties being governmental and political subdivisions of the State of Minnesota. WITNESSETH: WHEREAS, Ramsey County owns and operates a system of ten {lo) ice arenas, including Highland Ice Arena, for the benefit of the citizens of Ramsey County; and WHEREAS, The City, through its Parks and Recreation Division, provides a comprehensive parks and recreation program for the citizens of Ramsey County who reside within the City; and WHEREAS, The County and the City have,recognized the need to provide an additional ice arena within the County system to meet the growing demand for services by their common constituents; and WHEREAS, The City, by its Council Resolutions No. 96-989 and 96-1261, has appropriated $1 million for construction of an additional indoor ice arena adjacent to the County's existing Highland Ice Arena; and WHEREAS, The County, by Resolution No. 96-373, agproved an amendment to the 1997 Capital Improvement Program (CIP) budget of $2.6 million for construction of a new ice arena adjacent to Highland Ice Arena to be financed by the following sources: $1 million County 1997 CIP bonds (major projects); $250,000 County 1997 CIP bonds (renovation funds); $1 million appropriation by the City; $250,000 Minnesota Amateur Sports Commission (MASC) new construction grant; and $100,000 MASC renovation grant; and WHEREAS, The County, by Resolution No. 96-391, approved the tax levy to pay debt service for CIP bonds associated with the Project; and WHEREAS, The County and the City have jointly applied for a $250,000 MASC grant for construction of a new arena adjacent to the County's existing Highland Ice Arena with the understanding that the County will be the grant recipient and be responsible for administering the grant contract; and -1- �t� - t�s WHEREAS, The County has applied for a$100,000 MASC grant for renovation of the existing Aighland Ice Arena; and WHEREAS, The County and the City desire to work cooperatively to develop an arena complex at the FIighland Ice Arena site that responds to the needs of the skating community to the extent possible within available budget resources; NOW, THEREFORE, The County and the City, pursuant to the authority contained in Minnesota Statutes Section 471.59, commonly known as the Joint Powers Act, in order to accomplish the foregoing purposes, agree as follows: l. Proiect Description. The general Project description, hereinafter called "Project," will include the following elements: A new 85` x�20Q' indoor refrigerated ice rink, including mechanical and electrical systems necessary to effectively operate the facility; spectator bleacher seating capacity for 50o people; mezzanine levelflobby area of 2,000 square feet; 500 square foot concessions stand with storage; 120 square feet of offi:ce space; six team rooms approximately 300 square feet each; restrooms for skaters and spectators; separate rooms for mechanical sys�ems, storage, refrigeration equipment (equipment with capacity to serve both arenas), ice resurfacing machine (with direct interior access to both arenas and a snow melting pit); meeting and officials rooms; and dry land conditioning/weight training room. Term. This agreement shall be effective as of the date above and shall terminate on 1/1f2039. Joint Plannina. The County, through its Parks and Recreation Department, and the City, through its Parks and Recreation Division, shall jointly plan and design an addition to the Highland Ice Arena and modifications to the existing arena as may be necessary to provide a fully functional arena complex that best accommodates the needs of the skating public within available resources. The County and the City will invite representatives from the St. Paul School District and the local skating association to provide ongoing input in the design and planning of the Project. 4. DesignlBuild Team. The County, through the Joint City-County Purchasing office, wi11 issue a request for proposals for a design/build team to design and construct the Project. A representative of the City Parks and Recreation Division, along with County and community representatives, will participate in evaluating proposals and pregaring a recommendation to the County`s Board of Commissioners. -2- ��-�35 5. Cit�Review. The designfbuild team that is recommended to the Caunty Board of Commissioners, design development plans prepared by the designlbuild team, and authorization £or the design/build team to proceed with construction of the Project are subject to review by proper City officials. In the event of disagreement as to the adequacy of the design development plans, the parties agree to work together in good faith to reach a mutually agreeable resolution. 6. DesicmlBuild Contract. The County Board of Commissioners will be responsible for entering into a contract with a qualified design/build team. A. The County agrees to require the design/build team to include the City and the St. Paul Water Utility as additional insureds under the contract. B. The Cour�ty will require the designJbuild team to comply with a11 applicable codes and ordinances. C. The County will require the design/build team to conform to labor laws of the $tate of Minnesota and all other laws, ordinances and legal requirements affecting work in the City and County. D. The County will require the c�,esign/build team to protect against any damage to City and St. Paul Water Utility facilities located adjacent to the Project such that the City and the St. Paul Water Utility are able to maintain continuous, uninterrupted services. 7. MASC Grant Contracts. Upon notification by the MASC on award of grant contracts for construction of the Project, the County will enter into the grant contracts and be responsible for administering the contracts for the benefit of the Project. The City, as fee owner of the real property where the project will be constructed, agrees to execute and comply with the attached Declaration prescribed by the MASC grant contract, attached as Exhibit A, and incorporated herein. 8. St. Paul Board of WaCer Commissioners 199? Land Lease. The City shall, prior to construction of the Project, secure from the St. Faul Board of Water Commissioners a lease to the County of that portion of the Board of Water Commissioners property located in the vicinity of Snelling Avenue and Ford Parkway necessary to construct and operate the Project. Said lease agreement shall be for a minimum of forCy (40) years from the date of execution and shall incorporate the 1973 leased property (Exhibit B) and additional land necessary to develop and operate the Project. Terms and conditions of the 1997 land lease shall be in the general Eorm of Exhibit C, attached, and shall be approved by the City, County and St. Paul Water Utility. -3- `� �I -1�-s 9. 1989 Hicrhland Area Hocke�Association (HAHA) Lease. It is understood that the Project will require termination o£ the existing lease to FIAHA £or an outdoor rink at the Project site. The County agrees to communicate Project scope and schedule to F�AHA, to request HAHA's agreement to terminate lease and advise Board of Water Commissioners thereof, and to assist HAHA as may be necessary to secure new lease for outdoor rink at Aighland site, i£ so desired by HAI3A. 10. Remittance o£ Citv Funds. Upon award of the design/build contract by the County Board o£ Commissioners, the City wi11 remit one million dollars ($1,000,000) to the County for contract payments. The County will provide documentation to the City for all contract payments associated with the Project. It is understood that one million dollars ($1,000,000? is the limit of the City's project funding. 11. Design/Suild Contract Manaaement. The County wi11 be responsible�for management of the design/build contract. Any changes that may have a material affect on the Project will be reviewed with the design team prior to implementation. The County will provide for periodic meetings with the City and/or written progress reports throughout the Project period. 12. Ownership of the Proiect. All capital improvements made to the Highland Ice Arena under this agreement shall be the property of the County. The County shall ba responsible for all ongoing operations and maintenance of the expanded ice arena complex. 13. Scheduling of the Completed Proiect. The County will schedule the completed Project as part of the County system of ice arenas. The County agrees to consult with the City, annually, in its scheduling of the use of the completed Project. 14. Indemnifiaation. The County shall indemnify, defend and save harmless the City from any and all claims by or on behalf of any person or persons for personal injuries, wrongful death or property damages arising out of the performance of the obligations of the County as defined herein. The City shall indemnify, defend and save harmless the County from any and all claims by or on behalf of any person or persons from personal injury, wrongful death or property damages arising out of performance of the obligations of the City as defined herein. Nothing herein shall constitute a waiver of liability limits provided by Minnesota Statutes, Chapter 466, or other applicable laws. � `�`1-135 15. Citv-Countv Sblit of Fundina Surolus_ City and Count� agree to share surplus funds, if any, in the same proportion as their respective project funding, exclusive of any grant funds (1:1.25 City/County). IN WITNESS WHEREOF, The parties have hereto set their hands. RAMSEY COIINTY CITY OF ST. PAIIL By By Susan Haigh, Chair Board o£ Commissiqners � � Bonnie C. Jackelen Chief Clerk-County Board Department Recommendation: �'�! By Assistant City Attorney Gregory A. Mack, Director Parks and Recreation Department Date Approved as to form: Assistant County Attorney Risk Management Hudgeting and Accounting Date -5- EXHIBIT A ATTACFIMENT A DECLARATION l '�1 -� �S The undersigned, as owner of fee title to the real properry legally described in Attachment B, which is attached hereto and made a part hereof ("Property"), hereby declazes that title to the Property is hereby subject to the following reshiction: The Property is bond financed property witfun the meaning of Minn. Stat. § 16A.695, and cannot be sold, mortgaged or othenvise disposed of by the public o�cer or agency which has jurisdiction over it or owns it without the approval of the Minnesota Commissioner of Finance. Approval must be evidenced by a written statement signed by the Commissioner of Finance and attached to the deed, mortgage or instrument used to sell, mortgage or othenuise dispose of the Property. Title to the Property shali remain subject to this restriction until (i) the reshiction has been fully complied with as evidenced by a written approval from the Minnesota Commissioner of Finance, or (ii) a written release, releasing the Property from the resirictibn, signed by the Minnesota Commissioner of Finance, is recorded in the real estate records relating to the Property. � : Title: FOR PITBLIC ENTITY Subscribed and sworn to before me this _ day of , 199_ NOTARY PUBLIC This Decluation was drafted by: 31 EXHIBIT A Page 2 (INSER"1� m ATTACEiMENT R LEGAL DESCRIPTION 32 °(�-135 EXHIBIT g L�s� ac�Eas�2 °( `1 -135 � ' � .� � �' m�:.iS AGi =��.ri, :�ade �zd eaiered inio �his �• �-- '`. n a duy o: , (lACX�(Y.L .! / IC7t�� l�y and be�:reen �PB u11�' Q: $li11�= ��U'L 2 IIIllT17.C1D� �OT^ � f � 1 . . , rora�ion o_ �che S�<�e OI' l_' �naesew, ^�'_'°11'12iL'6}' :°=C LO cS ��Cili.jr 2riC1 $IYE C.�U1�1Y �. .'��±jS.�i�7� d Sll�C.1ViS10,^. O_ �:18 .`�'.�n�0 Ci i','1.:1'18SOL�� hereina_°tar re£e:r�d �O d5 ���'.OQi1Zj+��� ?+TLf�iC.7J �TiS' :+-,.-�_ .. :.....,:ulS, Tile Ccun�f is au�horized by Lai�rs 1559, Chap�ar i05�, to cC01:1:8 I?'Ol 2T?� S011T'CC� D?j 7�C't�85Q �_I'L� 2ease OT' conde^!na�ion si�es i0: eigh� .srtiricia? Ice i:rer.as �o oe maintained and operate3 'oy the Cou��y; and '-Tru;RrAS, lhe Cet:n�,� nas requesced that tiie 3o�rd o� �ta�ar Co: 1ea�e, at no con_r.ensa�ior.� a'portion oi the 9oard's proner�;� located =r_ the vicin�rv o� Sne1Ln� ar,ri i�ord Par,:;ay ior che pureose o£ constructi. g an �r�i_`:ci<1 Ice ;irena• end � �'�r_..�:�?S, 1ne Boa:ri ci iiater Cos�missioners des:^es to coo_ er2te �rith ;.he Cocn�y ir, mzking'possible ihe consi of tne said Ariiiicial ice �se.na� N0:�7, TF�;17�;� m�^. ��y ;�1D CDu�iTY AGRti� AS :OLLGS�'S: 1. The Board o� ?vater Comnissioners for the consideraiion. hereinaiie; set iorth, does hereby 1et unyo County cerisin nroperty Zocated 4ri�hin �he Ci�;� a= azint Paul, Raasey Coun�,�, S�,aie oi ifinneso�a, described as iollot.s, zor a �em o.i � �orty 1�0) yezrs, com7rienciag the day and yezr £irs : 2bove k:itten. That g:,rt o_° ine :vor�hr:est cuzr�er o£ P?orthiaes� quarte� (i��+� oi r?�." of 3ection 15, Tot, 28 idorth, Range Z3 �^es� of the Paurth Principal P�Seridian, St, peu�, R��eY �o�.�z�:;r, '<`iinneso�a described �s ioL7_o:•rs: The itiorth !�1 ieet of the South 1c97 S'eet; of �.he �ast 278 feet of the iiesu 753 feet; and Beg_nnin� a� a point on �he I;est line of sa..id N�;a4 distant 623.10 fee� T+orih oi the Souihtaest co�er thereo_, thence 2•iorth alon; said 4+esi line a distance a_ 69 •5 fee�, East para11e1 w the Soutl� Lne of 23S"r-4 oi P1:<`r:; Section 1j a disLance oi 1tS°.38 feet, thence deflec�ing Sou�hea_,;�erly i�y an angle of jl�� 50' 3fl" £or a di.stznce of 239•z!� fee;, �o a point lt97 feei North of sa.id South line of F:?•7=4 of i��:-:� Sec�cion i�, thence t:est pzralle? to said Soutn line a disthnce of b1.'72 feet, �hence deilecting �?orth:resterly by an angle of 63° R6� for a —� ---._ � /_.. ... � _. �t rj - I 3S distance of 86.23 feev, ti:ence Z•les� oarallel �e said South line a distance of 303.77 £ee�, thence North parallel �o �he 1•�est line of N4d,�—, oi i'�IW4 Sect_cn 15 a distance oi '-F8.80 feet, tnence bi�st parailei �o said South iine a distance of 193.15 ieet to ;oint of be�inning. Subject to Snellin� Ave. over the vlest 50 feet thereoi. 2. County ag_ees to use the above-aescribed real property iOT' �:12 COriStiUC�7.Qi1 d?1Q opera�ion OT' dri AT'i,li'1C1�1 r.C2 ''.Y'°YI2 only, ane i£ the use oi �he demised premises ior an Astiiicial Ice Aren2 is disconiinued 'oy the County, this Lease shall te?�nina�e, and the City sha11 be entitled �o possessio� oi the leased prem_s2s with- out iurther acticn oy e��her the Ci�y or Coun�;,*. 3. County agrees to operate the Ar�iiicial Ice Arena in the manner set forth in Laws 1969 Chapter 1055, ar.d, zurther, tha� i� will extend the use:oi tne iacilities to puolic, paroc�ial and nrivate secondar;��scnools located in R�*�sey County, and such o�her uses as the County sh�li be pe�ni�ted to provide. 4. County sha11 construct, operate and mainta_n the leased pre.mises in strict comnliance with all 2pplicable laws and at its ovrn cos� and expense, and County e;cpressly agrees and under- takes herewith to £ully inde.�nnify and hold har:�less 2nd de=end the , Boarfl oi [dater Comnissioners, its a�ents, officers. �nd e^.:p1_oyees =rom any znd all danages, claims, losses, jud�ents, suits, expenses, actions or causes of action of 4•�hatsoever manner arisng ouc of or occasioned ny the occupation or use af the dem=sed premises by the County. 5. County agrees that the maintenance and snovr plowing o£ the parlcing 1ot delineated in �he ].eased pronerty is its resnonsibility and iurther agrees that the Board of Water Gommissioaers sha11 have joint usage oi the parking lot to maintain its ad,jacent grounds and facilities. 6. During �he construction period,. County.shali cause its contractor to"take out and maintain coMnre::ensive pub2ic liabiZity (including automobile) insurance for and in behaif of itself. The City of St. Pau? and Board of Gdater Commiss?oners are joint ir.sureds, which wil? protect the City, tne Board and Lessee from claims £or damages and bodily injuries, i:�cluding accidental death; zs er=11 as from claims £or property damage rihich may arise fron operations, all oi•rned, .leased and nonoti•rned vehicles, incidental to the contract, including coverage for damage to structures or ur.der�;round iacili�ies oi any kind, Hrhe�her such operations be by the Caunty or by its contractor or subcontractor or by an;�one directly or indirectly emoloyed by elther of them. Sucn insurance sha11 ' also include Con�ractual Liability coverage and shall insure the liability assumed by the County under the inde:�nification clause �t� -i35 ccntained in �C7�5 contrac�. The min�mum amounts oi such publlc liabill�y insu=ance sra?? be as follovrs: Bodiiy injur� �nsurance (including death) in an anount oi not less tnan s250,000.00 for all damages arising ou� of bod-ly in,�uries to or dsavn of one oerson and su�ject to �he same 1�m_ts for e.=c� person in a total of not 1°ss tnan 5500,000_00 on account of anY one occurrenc°. Progerty damag� insurance in an amoun� of not 1°ss �han �100,OOC.00 for all damages �o or des�ruct:on o£ nroperty _n any one occurrence, and subject �c �f:2t limi� oer occurrence; furcner subject �o a totai of no� less than �2CO ior all d&7:dges to or des�<~uction of prcoerty d'.:ri-^•g th° policy perioc.� Workr,ien's co:�pensa�ion insurance Dl'OV1C177$ at least statutory li.�^i�s as provided by tne laws o� Minnesota. Said 2bove described insurances snall iaclude ���e provision they cannot be altered or, cancelled C'-iT'2:1$ the construc�ion period e:ccent on thirty days' written notice to the Board, and such i�suranc°s shall meet with the approval of the Cornoration Counsei of the Cit� of Saint Pau1. 7, Upon the termination of this Lease Agreemer.� or the discontinued use of the demised premises for an Arzificial Ice Arena, the County expressly agrees, at its own expense, to remove_a11 imnrovements on the demised premises and to restore the de�nised premises �o its ariginal condition and to the satisfac�ion of the Board of 47ater Commissioners. 8. At al1 times during the term o£ this Lease, City sha11 have the right to enter into and upon �he de.�ised premises and improvements thereon during reasonable business hours for the aurpose oz examining and inspecting the same and determining whe�her the Coun�y shall have complied ti•rith iL OI��.l$2t'.'=0Y)S hereunder in respect to the care ar.d maintenznce an� use of the premises. IN k'ITNES5 �riHEREO�, fihe City and County have caused thi� I,eaae Agreemen't tc be execu�ed pursuant to 2uthority oi its City Council and 5oard of County Corunissioners, resoective?y, as of the day and year iirst above written. ir_ °= esex:�s / . .- ,� ,- ( � ��=�i-- �`� -- - �� / � _ '� ��_ � , _ � � / . ;.Pp:?CV�D: / - i , '' V LL %7: = - Y' /��, ' � Cli='.ford '�YJHe�qiiri, �enera] � BO1.tZD OF ;'.TAT_"--R z;� cz�r= i, sa 3y � n �� esence o_`: CIT (�`�,� � — / EY _ �" . � C) /' � ,/Y ,^ � n ' ,•' :-,; _2! ���f� � J '� Lc�nard '.:. ie:^. � / . /� .1 n � rl. Hu: �1�1-135 �-.QF 79 i � o � p de_^.:, %' i / /. �: � Apnr �_. to ro:�: a�;_ �tznt �rpor :cion Cow1�e1 • �no*_'oved zs to Form and r�cecu�ion �his '2 :3' oi� 1972 l� ' � �sist<.nt C, or2�.� on i.o:msel THOMEIS :Y. K Ef_f r• • 'C In?Y ADFrtINIS?R;�?i�.� �.: �_�G•�LL-L � elt�es�= ; c : _ _� aud?.Eo * Cow�'�.ersi � a: �� C, J... �—r � �ri �4�F:-�. lt � �tci�l�_� 3obert �%. i:ude=n, ac �ing He?d De:ar�ent of Fin�nce C�t TY OI' . "•fS�Y By Chair-aa oz the L�oa: d oi Co; i�issione: s EXNIBTT C � � -135 LEAS� AGREE1iE1�"I' THf3.�GtiEG4LENT, niade and entered info this day of _ , by a�Fd Ix.'tsveen the CIT'i` OF SAIN"I' PAL�i_, a municipal carparati�n of tt�e State ai� Ivlinnesata,lieceinafrcr ceferreci tn as `Ciry", and the COUI�TY QP RAiti'1SEY. a subiii�'ision c�f Ure Statc of C�tinnesota, hereinafter referred t� as "Counn�"; and THL BO�RD OI� ��'t�TECt COi1i:�1ISSIt};�E(tS, a subdicision of�the State of h�iinnesota, heceinafter mfeneii co as "F�nard". � W ITVESSEI'�l: �i�'C{rRF4S, The Caunry tvitl leasz fram the }3oard, xt•nc� camgensation, a parcinn r�fthe F3aar�3`s rarope�� lorated in the vicinity of Sncllirig a��d Tord P�uk�,vay for the purpose �f canscructittg un artificiat ice arena; and «'H.t'sRF AS, "I15e Cau��csr� docs requesK that the Baard a41ot� ihe Comity ta espatici its artificial ic� aren� to include tl�e addition af a ne��� arena adjacent t� the exiscing arena and tn ex�wd the c�ebicle �Sarkin�t acea; and �VIiEREA5,'1he requested ne� arena is a joint p�u�ers ventare betu�een tiie Cotu�ty and Cit}, where the Cocint;� u;ill he the o�i�er and o�:rator of the duat ice arena buildingtsl, huilt to serve tk�e deenands r�f their cc�mmon cc�nstituents; and '�!'?.S.4AL!'t[:2T.S".RL'50G1.EASE.R1;:5 fcbmm�' 3. 194i °�� -�3S s���ar ��5, "fhe Board desires to cooperate x�ith the County and City in making possible the construccion vC the sai3 additionaI artilciai ice arena: ti0��' CITY AND COU�ITYAG12Er :�5 F�LL.OftiS: 1. The Ba�'d, for the consideration 4lercinaf'[er set forth, dnas hceebp• Iet unt�� Cc�unty ccrtain property, I�ereinafter re�crred to as "Preavses", tocated ca•i$iin the City of 5�unt Pat�l, I2 amse}� Cotcnt}', State ot' hfinnesota. described as fol(a4vs, far a tcrm �f forty� (44) qears, �ommencing at tbe date of execution of this leasc, 5aid term ma}� he eYteaded for additioital terms o£ ti7rc4 (4{l) year� br cansenE of the C�tmt�, Ciry and B�ard. That gart oftfie Ivarth«�est quarter ofNortttwest quarter {NZVI�4 af ir'iV 114} a£Sec:tion (5, Trnanship 27, Narth, Range 23 t'�'es�t nf the Fatzrth Ptincipal h�teridian, Sl. Pat�I, f�amscy C."'c�unty, h2i�wesaca d�scribed :u fi�Ilc�ws: The Nnrth 4�St Icet �f the South 497 feet; af the E�st 218 feet of thc 6t`zst 7�3 feeC �1 Bc��mnmg at a point on the �Vest tine afsai3 \'l�' 1:4 distant G�3.10 fi;et 1�`oi�th of the �otiEthtio•est camer tltereof, thence NorEi� along said �t`esC liue a dist��nce af Fi9.5 feet, Easc Paraftel to tlse South line ofN��' 1j� ofN�V i,�4 Sc�ti�n l� a clistancc of' �tS�I.?S icet, thencc deflectin2 Southeasteri�= b}° an angle of ��° ip' �0" for a N�;Nn1.6Clt fS:li[s41:,L.EASC RT:S 1'e6ru;uv 3. 7�7 2 ��-135 distance aF239.2� fect tc� a point 497 feet North of said South Iine of ��4" l:`4 of `�1�' i!�l Section 15, thence ��:'est para[tel to said 5auth line a distance ef 61.72 fcec, theace deflecting Northwesterlr b` an an�le nf f 3° 46' for a distance of Rfi:_'3 feet, thenc� ��'est parallcl ta said S�uth line a disk�nce of 303.77 £eet, tliencc I�forth paxaltel to ttte �L'est line of R4�' 1'� ofN�'� U4 Section 1 S a clistance of 43.86 I'eet. thence ���est parallel #o said SouBi line a dist�lnce oE 193. i 5 reet to pnint crf beginning. Subject to Sne[lina Avenue a4�er the �'est SQ fect tli�rc:of. NOTE: ADD FXPtLNSIOivT AFtt:a TO LEGAL - AS NEGESS:�R�' 2. County agrees ta use the abave-descrihed real property tor the con�tructio�t and a�aeration of an artiticial ice areua �iicli ac3jacent par��ne c�nty, and if the use of th�: peemiscs for an aMii7cial ice aren3 is clis�antinued hy� ihe County, ttzis L.ease sha11 termi�rate, and the fio�rct shall f�c entifled to passcSSinn nf the lcaseri premises wi$�out fuirt�ter action b}• eith�r Ehe k3aard c�r c��t�,t�. 3_ Gauni4 agrec,� ta optrate thz artificial ice arena in the manner set Porth in I.aws 19(9. Chaptc;r 10�5, g�e�eming tl�e acquisitian of sites for ice arenas and, furtttc.r, [hat it ti� exten�i ihe use of the fac.-i[ities tQ pubEic, ��arackual and pri�ate sc'condary schoais located in P�an�sey �'ouncv, and such other uses as Yfie Catcnty shall be permitted to provide. x �•.n+ns.�tr�irs.iccsc�i_t�s.cM,acs r�ha.�y 3. i�- G1 � -13�5 d. Cawitt• shall consuuct, apzt�tte and maintain thc Ieased premises in strict compli�trtcc tiiith all applicahle la�ss an� �t its oti.�n cast and e�ense, and County expressty agrees and undenakes lzeretiiith to fullv indemnif_r• and bold liartnless and defend the Buard, the Cin�, th�.ir agenu, c�fficcr; an3 emplopees fram a�ig and atl dama�es, cIaims, losses, iudwnsents, suits, expenses, actic��u or cattses° of actin�i af «�hatsoever nTanner arising aut of or nccasiorted by the crcc«�atic�n c�r use rFf the premises by tk�e Counr;. The F3oard has an e?cisimg 1 R mallian gailc�n ���ter storage resen°oir, cansinec�. d in i 92�5, lo�:ateii ciirectly «�est nfthe deseriba�ci premises and propaszd ice arenas. 'J�he floar e]ev�tion af t�is re.eervo'sr is approtimatety 10t34.i mean sea level (1�tSL} �r 30b Cit;= Dahmt and thc floor �levacivt� �fthe �+rapesed ice arena is 973.1 '�45L (?79 Citn Datum) or appratimatelp 27 feet I��tivtr. 71�e reservoir ciid have a Gsatf ane� flc>nr failure occur in the lafe 192(7's. The repz�ir h�s perfannect very we;€[ f�r 7(l years, but th� im�artance af the eartl�en dead load suppurt is nat knnG4n ai��i distitrtaance cif the eatth baekfiEi ��ay eotttpramise the st�ucturai ii�ce�rit� ansi nr a�er:aic�naE capahility of the reser�•oir. In the ew�ent that the ne�c arena is located west af the e:�istitig a.rc,�tia, there is a potential far damage ta ar interrupted use ofthis re.seR•��ir beth ciuring and aCter con;tructiort ot the praposed ic� arena. lf the new arcna is Is�cated �vest a€ thr exi,tin� areala, the Cnunty aerees t� catsipletely teim6urse and makc whole the tioard for nnF• ex�.case incurred t�y the F3oard due #a the arena cc�nstruction, nlaiateFiaFtce or opar<uion noce or in the future, a5 a re5iilt afthe arena constniction or aperation. ti �.htALBCRTS',kS�StJl�lFxISE.RI�S Fc6tirary 3. 1'Y37 ��-135 5. CounE4 agrees that the maintenance and snQw glo�in� 4f the garkin� lat delineated in �he leased property is its resp�nsibility and further aa ees that the Board shall have joint usa;e oF t tile pazkin� lot to �xzaintain its ad}aceni gronnds and facilities. (. t�urina t6e co�tstn.wtinn perind, the County cantractar shal] L�l:e �ut and maiata'uz com�reltei�si�e puhlic liability (iitcludin� automahit�} insurance far anci in bel�alf of iiscl E 1n�3 the Cit;.• of St. Paul as jc�inE insureds, �ti�hieh c�i{I pretect the City and Cc�unty ft�m clsims wt�ich aiay ai�se out of, or res-utt tiom, cantract�r's operation, under the contract, u•hether sucli c�p��Cions be by cnnts�actot or any suficontractor or anyone directiy entpl��yed hy titen�; c�r hy anyone far ulx3se acts �ny onc af Ehem may be Iiable. The rninimum amoua�s ot such insuran4e zhati he ss f�ifaws: a. Corntneeeial General Liability (I:.Sf� CCL form} I�linimum I.,imit�: $ 6U�.OtIfJ cach c,w•ent liruit 51,QOp,Q00 generaE a�reg�te $ i�(?06,t7fH} products�`campletec4 operations tatai iimit $ 60b,�00 �ersnaal injury utd advettising l+al�ilit�� N:1[,0.(.f3F.RTS�RESOI.;LCASL RES Fcbnrorp 3. 194? �1�1-I 3S The pnlic� is to be �i•ritten ont an accurrence basis or as accepklhle ta [he Caunty's Risk 1�lanager_ Certifieat�.s ef Insurance must indicate if the palicy i� issued on a ciaims-�nade or occune��ce L�sis and if coyernge is pravided for �, C, [J ha��rcis, if applicabte. T'}te Citp and Comtn•, their oF�cials anci employees sha}t be added as additional insw•eds. h. Aut�cnobite Liabiii�y� lnsurance '�liaxinium Linut: $6QO,Q00 Combinea Sinale Limit t;overa�e shall andude: hired, non-n«�led and o�lned auto c. W"orker; Catnl�ensation and Crnpicstefis Liabilit}� `r'�'ork�rs Compensation: per IvfN State Statute EmE�lot�er's f..iability I�tix�inzum Limits: �tiQr},OOb �cr accideni; $5dt�.DO(l �er empla}�ee: �50t].Q00 perdiscasc �olicy limit Qther Scaties Cc�4e��ase ^�:.AtAI.(iERTS:I2L-St�t.1L,4SG.RESFchruary},1947 � �2 - ti3S d. Professir�nal Liabilit� Insurance i�4uunuim Limits: � 600,0(70 per elaim S 1,�00 ,fl4f} a��*regafe �. License as cequired f. Certikicate shall indicate if poticc� is written i�ith an actntittc�{ or noa-ad�tiitte<1 camcr. 13es#s' rating Ior the insurer sl�all 6e noced nn the certiticate, and shail nat tre less than a B+. g. �JI Ccrtificates nf Insurance shatl �roti�ide that the insurance company �i��� the Cic�; aad the Ccrunty thirct' {10� days priar E�ritten notic;z af cancellaCinn. ac7n- rene�+�at e>r any material changes in the policy. 7. Upun the terznisintic�n of this Lease flgrcement or the disconti�,ued iwtie of thc �+reigiises fnr an acrifccia( ice arena, ihe County expressly agrees, at its o�4n e�pe�ase. te� rerno�e t+ll smpror on tlle prenuses and to rc;store the premises to its originaf conditian and to tl�e satisfacu��n of tk�e Board. ti 1M11.�L(fER7'S`�SiL•:S4L'.Ll':ASGR1;:5 Febru:vy 3, t'k)7 7 �� -�35 S. r'lt all times duriag the term c�f this T ease, Board sl�ai( hace the right to encer ineo �nd upon il�e premises artd impro�'ements therzan durin� reasonable husines�� houn For the pcup�}sa of e:taminia� an3 ic�specting [he samc an� deterniinine u°hefEier the Cottats shal! lti+ve com�l ied �t ith its ubtigatians hereunder in respect to the care and maintenance <uid use of the �remises. €�i �,E'[1Z1�S5 �l�i ��g�QF, The parties iiereto ha�e causu3 thi� LeaSe Asreement ta 1�2 executed as ak d�e day and y�r first ab«ve c� .:,rat.ueicn:xss�a� •t.sr+sE.r.r-s r�r,r;�r.• 3 ��c; R �l � -I 3S APPRO�•"ED: Bernie Tt. }3ullert, General ibfanaoer Appr��ved as fo FoCni: :�ssistan[ t:itv A[CameV Approti•eci as to Form: Rainse� C'�unty Attnmey Ba_arin oF r�•a:�x cotiu�nssto:vt,Rs CITSi flF SAL�T Pr1UL By President B}' Secmtari COTfiTERSTC�'Ell: B� Mariha Larson, Directcir, Deparim�nt of Finance and Mana�emcnt Serc�ices CIT�" t7E SaINT' PAL'L hi�3VQE F3v City Clerk COiT:�IT4' QF Rrtit4SEl' Av Susan Haigh Chair, Ramse�� Counry I3oard of Ca��zissiuncrs Bti> Bannie .iackelen Chief Clerk - fiount}• Baac�i Ni�Llf.l3iiR'iS'�RLSU(:11=-ASERES Fr.bru.ssy 3, 1�.�3? � (�'4 ,� , �. , 1 � i t— e . ` - . . „: RESOLUTION CITY OF Presented By Referred to Council Eile # �� — 135 Green Sheet # � ! �5� Committee: Date a 9, 1 WI�REAS, the City of Saint Paul and Ramsey County are collaboraCing in efforts to 2 address the current ice arena shortage by expanding and remodeling the e�sting County-operated 3 Highland Ice Arena to a two ice sheet facility, hereinafter called the "Project," and 4 WHEREAS, the City has appropriated $1 million (CF 96-1261) toward the Project 5 contingent upon the Pro}ect receiving sufficient additional funds from ather sources, including 6 the County and the Minnesota Amateur Sports Commission's (MASC) grant program, for an 7 estixnated $2.6 million total Project cost, and 8 WHEREAS, the County by its Resolution 96-373 has approved a$2.6 million 9 amendment to its 1997 Capital Improvement Budget for the Project, including City, County and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 MASC funding, and WI-IEREAS, City officials aze authorized (CF 46-1154) to negotiate an agreement with the County for use of City's $1 million far the Project, and WHEREAS, Ciry and County officials have therefare prepared a Joint Powers Agreement which establishes the terms and conditions for development of the Project, including: a. Project size and scope b. Project plam�ing, design and conshuction processes and responsibilities c. Grant contract administration - by County d. Land lease for Project site - by City e. Title restriction on Project site as a condifion for receipt of MASC grant - by City f. DesignBuild contract administration - by County g. City funds payable to County upon County's award of designlbuild contract h. Ownership, operation and maintenance of completed Proj ect - by County i. Insurance and Indemnification requirements PAUL, MINNESOTA ��t -�3s 24 25 26 NOW THEREFORE BE IT RESOLVED, that the Council ofthe City of Saint Paul hereby approves said Joint Powers Agreement and authorizes the proper City officials to execute the Agreement on behalf of the City of Saint Paul. — -- ------------------------- r - ------ �� �� Yeas �� Nays �� Absent �� �� BZakeY �� '��� �� �� �� Bostrom �� ✓ �� �� �� �� Harris_�� ,/�( )� )� �� Mauer �� _/�) �� �� �� Megard_�� ✓�{ �� �� �� Rettman ��_��� �� �� �I Thune II �/If II II Adopted by Council: Date �9� Adoption Certified by Council Secretary BY ��, "� �� �—�� - Approved by y L�ayor: Date � 2! /� /`� 7- By : i� iiv�,fL�� � �G� ' ET— Requested by: vision of Pa � cs�an creatiorl� � By: - Form Approved by City Attorney By: . 4GCL� c✓'iv.��t Approved by Mayor for Submission to Council (? /J By: � � -�%Y�� DEPABTMENT/OFFIGE/CDUNpL Parks and Recreation CqNTAGT PERSON AND PHONE DATE MRIATED 7/28l97 John Wirka , 266-6411 pgg�GN " NIIMBEfiFO MUST BE ON COUNCIL AGBJDA BY (DAip O� NG February 12, 1997 TOTAL t OF SIGNhiUPE PAGES � (CI.iP ALL IOCATONS FOR SIGqATURE) GREEN SHEET INRIAUDASE � DEPAR'fMEMDIfSECTOR 2 cmarroa�r ��-�3s NO. 37155 INfTiALNATE 4 cm cour+ca 5 CRY CLERK _BUOGEf 01[tECTOR _FIN. & MGT. SERVICES OIR. 3 MAYOR (OR ASSISTANiI 6 Parks & Recreation ACT10N RERUESTED: Approval of City Council Resolution authorizing execution of a Joint Powers Agreement with Ramsey County for the Highland Ice Arena Project. RECOMMENDATIONS: Appraue (A) or RejeCt (R) __.PLANNING CAMMISSION _CIVII SERVICE COMMISSION _cia coenenmee _C 96-1154 A STAFF _ __DISlA1CTC0UNCIL � _ SUPPORTS WHICH COUNCIL O&IECTNE? INITIATING PROBLEM, ISSUE, OPPORTVNITY (Who, Whai, When, 4Vhere, Why): PEqSONAL SEHVICE CONTAACTS MUST ANSWEq iHE FOLLOWING nUESilONS: Hes thrs persoNfum ever worked under a cooaac2 far tttis department? VES NO 2. Hat this persoNfirm ever been a crty employee? YES NO �oes tM1iS person/fum posses5 e sWU not narrnaliy posSessed 6y any curtCnt city employeet YES NO �O�ain all yas answers on s¢parate sheet antl attach [o green sheeU City and County officials have prepared a joint powers agreemeni which establishes the terms and conditions for development of the Highland Ice Arena Project. z�r��a This agreement is a necessary step in the process to provide remodeling and addition to the Highland Ice Arena, and includes provisions for City participation in the Project's planning and design, establishes overail financial and construction administration responsibilities, Project ownership, operation and maintenance responsibilities, insurance and indemnification requirements a�d conditions for City's payment of its S1 million for Project costs. This resolution will be foflowed by a finai Project reso�ution authorizing execution of a land lease between the City of Saint Paul, the Saint Pauf Board of Water Commissioners and Ramsey County for the Ice Arena site. The lease document, attached as Exhibit C of the Joint Powers Agreement, will be completed as soon as the Project design has advanced to the point where the exact Iegal description of the leased area can be determined. As a condition for receipt of Minnesota Amateur Sports Commission grants for the Project, the leased area will be subject to a title restriction whereby Owner {City) agrees that ihe la�d "cannot be soid, mortgaged or otherwise disposad of by the public officer or agency which has jurisdiction over it or owns it without the approval of the Minnesota Commissioner of Finance." �'3��� � �� �° a�� P l��� TAL AbtOUNT OF TRANSACTION IbiNG SOUIICE COST/AEVEOIUE BUOGEfEO (CIRGlE.� """"'" ACiNITY NUMBEit �NCIAL INFOPMAi10N: �EXPLAIN) Couacil File n ��� , i RESOLUTION CITY OF SAINT PAUL, MINNESOTA Gree^ Sheet y�yg I ��1-135 � Preser.ted By ?eferre3 to Com-nittee: Date 1 �VFIEREAS, the City of Saint Paul Cin• Council has authorized the use of � i million 2 (CF 96-989} towazds tl�e constraction of an additional sheet of ice at the Highland Arena, 3 hereinafter referred to as the "Highland project", and 4 �VHEFtEAS, this authorization �vas made contingent upon the Hi�hland project bein� 5 reviewed by the Saint Paul Long Range Capital Improvement Committee and it receiving 5 sufficient additional funds froni other sources, including Ramsey County and Statz Mighty 7 Ducks funds administered by the Minnesota Amateur Sports Commission (MASC}, to meet the 8 entire project costs, which ��•ere listed at 52.6 million, and 9 «'HEItEAS, on September 3, 1996, the Ramsey County Boazd of Commissioners lo authorized a 52.6 milIion an�endment to the R� Counry 1997 Capital Improvement Budget i l for the Hi�hland project includins S I�> million of 1997 County Capital Improvement Bonds in 12 addition to the 51 million City of Saint Paul con�ribution; and 13 Z� 15 16 WHEIiEAS, on September 12, 1996 the Saint Paul Long Ran�e Capital Improvements Committee reviewed the Hiohland project, and �VHEREAS, the deadline for applicatioas to thz MASC for 1996 "Miehty Ducks" grants is October 4, 1996; 17 NO�V, THEREFORE, BE IT RESOLVED, that the proper City officials aze authorized 18 to prepaze and submit applications, in cooperation ��•ith Ramsey County, to the MASC for a 19 �2�0,000 "Mighty Ducks" new construction srznt and a"Mi�hty Ducks" renovation grant of up 2o to $100,000, and � 21 BE IT FURTHBR RESOLVED, that the proper City offieials are authorized to make 22 the appropriate contacts with the Saint Paul W2,er Utility necessary for gainin� land use 23 approvals for proceedin� with the Hi�hlznd project and 2� BE IT FURTHER RESOLVED, that the proper City officials aze authorized to 25 participate in pl2nning effors for the Highland p:oject, inciuding the establishment of a joint 26 planning team to include representatives of the Highland Hockey Community in addition to st2ff 2 7 from both the City of Saint Paul and Rar,sey Couaty and s , .� q`� -135 28 BE IT FIi�'ALLY RESOL�'ED, that t:e proper City offici�ls �.�e authorized to neeotiate 2 9 �z a�reement with Ramsey County for the use of S I miilioa of Cin� of Szint Paul funding 3 0 (Highland Ice Arena Project) to�vazds complecion of the High1�^�d project in combination w�ifn 31 51.25 million of 1997 Ramsey County Capital Improvemer>t Progrv bonds and State of 3 2 Minnesota ivfighty Ducks gr�.-�t funds. Requ.ested by: Ado�ted by Cour_cil: Dzte �4��. �_P�g( Fdoption Certified by Con::c+_1 Secretary bY _ �...�._. r.� Approved by M.ayor: Dzte: ��I ?L'1���" $r� �1,(G �; I � j •j � Divi oa o Par s �an�d ation � By :�� ��� �%" ���'E1:�-=`-�"'�a"�r`J Approval P.ecomme^ded by Budget Directoz: � sY: ` �i��� M 4 � ro:m Agproved by City A`t y BY � ��J •.i. ::v.�c.� �Q. -:�J \ —( '�-�.e- ; U F.aaroce3 y N,ayor fo bm ssion to Counci s�: �'1�--_-°._ JOINT POWERS AGREEMENT BETWSEN - RAMSEY COUNTY AND TSE CITY OF ST. PAIIL FOR ESPANSION OF THE HIGHLAND ICE ARENA ♦ y� .� � - � r ; ,s _�� �° '� . THIS AGREEMENT, is made and entered into this day of , 19 , by and between the County of Ramsey, hereinafter called "County," and the City of St. Paul, Minnesota, hereinafter called "City," both parties being governmental and political subdivisions of the State of Minnesota. WITNESSETH: WHEREAS, Ramsey County owns and operates a system of ten {lo) ice arenas, including Highland Ice Arena, for the benefit of the citizens of Ramsey County; and WHEREAS, The City, through its Parks and Recreation Division, provides a comprehensive parks and recreation program for the citizens of Ramsey County who reside within the City; and WHEREAS, The County and the City have,recognized the need to provide an additional ice arena within the County system to meet the growing demand for services by their common constituents; and WHEREAS, The City, by its Council Resolutions No. 96-989 and 96-1261, has appropriated $1 million for construction of an additional indoor ice arena adjacent to the County's existing Highland Ice Arena; and WHEREAS, The County, by Resolution No. 96-373, agproved an amendment to the 1997 Capital Improvement Program (CIP) budget of $2.6 million for construction of a new ice arena adjacent to Highland Ice Arena to be financed by the following sources: $1 million County 1997 CIP bonds (major projects); $250,000 County 1997 CIP bonds (renovation funds); $1 million appropriation by the City; $250,000 Minnesota Amateur Sports Commission (MASC) new construction grant; and $100,000 MASC renovation grant; and WHEREAS, The County, by Resolution No. 96-391, approved the tax levy to pay debt service for CIP bonds associated with the Project; and WHEREAS, The County and the City have jointly applied for a $250,000 MASC grant for construction of a new arena adjacent to the County's existing Highland Ice Arena with the understanding that the County will be the grant recipient and be responsible for administering the grant contract; and -1- �t� - t�s WHEREAS, The County has applied for a$100,000 MASC grant for renovation of the existing Aighland Ice Arena; and WHEREAS, The County and the City desire to work cooperatively to develop an arena complex at the FIighland Ice Arena site that responds to the needs of the skating community to the extent possible within available budget resources; NOW, THEREFORE, The County and the City, pursuant to the authority contained in Minnesota Statutes Section 471.59, commonly known as the Joint Powers Act, in order to accomplish the foregoing purposes, agree as follows: l. Proiect Description. The general Project description, hereinafter called "Project," will include the following elements: A new 85` x�20Q' indoor refrigerated ice rink, including mechanical and electrical systems necessary to effectively operate the facility; spectator bleacher seating capacity for 50o people; mezzanine levelflobby area of 2,000 square feet; 500 square foot concessions stand with storage; 120 square feet of offi:ce space; six team rooms approximately 300 square feet each; restrooms for skaters and spectators; separate rooms for mechanical sys�ems, storage, refrigeration equipment (equipment with capacity to serve both arenas), ice resurfacing machine (with direct interior access to both arenas and a snow melting pit); meeting and officials rooms; and dry land conditioning/weight training room. Term. This agreement shall be effective as of the date above and shall terminate on 1/1f2039. Joint Plannina. The County, through its Parks and Recreation Department, and the City, through its Parks and Recreation Division, shall jointly plan and design an addition to the Highland Ice Arena and modifications to the existing arena as may be necessary to provide a fully functional arena complex that best accommodates the needs of the skating public within available resources. The County and the City will invite representatives from the St. Paul School District and the local skating association to provide ongoing input in the design and planning of the Project. 4. DesignlBuild Team. The County, through the Joint City-County Purchasing office, wi11 issue a request for proposals for a design/build team to design and construct the Project. A representative of the City Parks and Recreation Division, along with County and community representatives, will participate in evaluating proposals and pregaring a recommendation to the County`s Board of Commissioners. -2- ��-�35 5. Cit�Review. The designfbuild team that is recommended to the Caunty Board of Commissioners, design development plans prepared by the designlbuild team, and authorization £or the design/build team to proceed with construction of the Project are subject to review by proper City officials. In the event of disagreement as to the adequacy of the design development plans, the parties agree to work together in good faith to reach a mutually agreeable resolution. 6. DesicmlBuild Contract. The County Board of Commissioners will be responsible for entering into a contract with a qualified design/build team. A. The County agrees to require the design/build team to include the City and the St. Paul Water Utility as additional insureds under the contract. B. The Cour�ty will require the designJbuild team to comply with a11 applicable codes and ordinances. C. The County will require the design/build team to conform to labor laws of the $tate of Minnesota and all other laws, ordinances and legal requirements affecting work in the City and County. D. The County will require the c�,esign/build team to protect against any damage to City and St. Paul Water Utility facilities located adjacent to the Project such that the City and the St. Paul Water Utility are able to maintain continuous, uninterrupted services. 7. MASC Grant Contracts. Upon notification by the MASC on award of grant contracts for construction of the Project, the County will enter into the grant contracts and be responsible for administering the contracts for the benefit of the Project. The City, as fee owner of the real property where the project will be constructed, agrees to execute and comply with the attached Declaration prescribed by the MASC grant contract, attached as Exhibit A, and incorporated herein. 8. St. Paul Board of WaCer Commissioners 199? Land Lease. The City shall, prior to construction of the Project, secure from the St. Faul Board of Water Commissioners a lease to the County of that portion of the Board of Water Commissioners property located in the vicinity of Snelling Avenue and Ford Parkway necessary to construct and operate the Project. Said lease agreement shall be for a minimum of forCy (40) years from the date of execution and shall incorporate the 1973 leased property (Exhibit B) and additional land necessary to develop and operate the Project. Terms and conditions of the 1997 land lease shall be in the general Eorm of Exhibit C, attached, and shall be approved by the City, County and St. Paul Water Utility. -3- `� �I -1�-s 9. 1989 Hicrhland Area Hocke�Association (HAHA) Lease. It is understood that the Project will require termination o£ the existing lease to FIAHA £or an outdoor rink at the Project site. The County agrees to communicate Project scope and schedule to F�AHA, to request HAHA's agreement to terminate lease and advise Board of Water Commissioners thereof, and to assist HAHA as may be necessary to secure new lease for outdoor rink at Aighland site, i£ so desired by HAI3A. 10. Remittance o£ Citv Funds. Upon award of the design/build contract by the County Board o£ Commissioners, the City wi11 remit one million dollars ($1,000,000) to the County for contract payments. The County will provide documentation to the City for all contract payments associated with the Project. It is understood that one million dollars ($1,000,000? is the limit of the City's project funding. 11. Design/Suild Contract Manaaement. The County wi11 be responsible�for management of the design/build contract. Any changes that may have a material affect on the Project will be reviewed with the design team prior to implementation. The County will provide for periodic meetings with the City and/or written progress reports throughout the Project period. 12. Ownership of the Proiect. All capital improvements made to the Highland Ice Arena under this agreement shall be the property of the County. The County shall ba responsible for all ongoing operations and maintenance of the expanded ice arena complex. 13. Scheduling of the Completed Proiect. The County will schedule the completed Project as part of the County system of ice arenas. The County agrees to consult with the City, annually, in its scheduling of the use of the completed Project. 14. Indemnifiaation. The County shall indemnify, defend and save harmless the City from any and all claims by or on behalf of any person or persons for personal injuries, wrongful death or property damages arising out of the performance of the obligations of the County as defined herein. The City shall indemnify, defend and save harmless the County from any and all claims by or on behalf of any person or persons from personal injury, wrongful death or property damages arising out of performance of the obligations of the City as defined herein. Nothing herein shall constitute a waiver of liability limits provided by Minnesota Statutes, Chapter 466, or other applicable laws. � `�`1-135 15. Citv-Countv Sblit of Fundina Surolus_ City and Count� agree to share surplus funds, if any, in the same proportion as their respective project funding, exclusive of any grant funds (1:1.25 City/County). IN WITNESS WHEREOF, The parties have hereto set their hands. RAMSEY COIINTY CITY OF ST. PAIIL By By Susan Haigh, Chair Board o£ Commissiqners � � Bonnie C. Jackelen Chief Clerk-County Board Department Recommendation: �'�! By Assistant City Attorney Gregory A. Mack, Director Parks and Recreation Department Date Approved as to form: Assistant County Attorney Risk Management Hudgeting and Accounting Date -5- EXHIBIT A ATTACFIMENT A DECLARATION l '�1 -� �S The undersigned, as owner of fee title to the real properry legally described in Attachment B, which is attached hereto and made a part hereof ("Property"), hereby declazes that title to the Property is hereby subject to the following reshiction: The Property is bond financed property witfun the meaning of Minn. Stat. § 16A.695, and cannot be sold, mortgaged or othenvise disposed of by the public o�cer or agency which has jurisdiction over it or owns it without the approval of the Minnesota Commissioner of Finance. Approval must be evidenced by a written statement signed by the Commissioner of Finance and attached to the deed, mortgage or instrument used to sell, mortgage or othenuise dispose of the Property. Title to the Property shali remain subject to this restriction until (i) the reshiction has been fully complied with as evidenced by a written approval from the Minnesota Commissioner of Finance, or (ii) a written release, releasing the Property from the resirictibn, signed by the Minnesota Commissioner of Finance, is recorded in the real estate records relating to the Property. � : Title: FOR PITBLIC ENTITY Subscribed and sworn to before me this _ day of , 199_ NOTARY PUBLIC This Decluation was drafted by: 31 EXHIBIT A Page 2 (INSER"1� m ATTACEiMENT R LEGAL DESCRIPTION 32 °(�-135 EXHIBIT g L�s� ac�Eas�2 °( `1 -135 � ' � .� � �' m�:.iS AGi =��.ri, :�ade �zd eaiered inio �his �• �-- '`. n a duy o: , (lACX�(Y.L .! / IC7t�� l�y and be�:reen �PB u11�' Q: $li11�= ��U'L 2 IIIllT17.C1D� �OT^ � f � 1 . . , rora�ion o_ �che S�<�e OI' l_' �naesew, ^�'_'°11'12iL'6}' :°=C LO cS ��Cili.jr 2riC1 $IYE C.�U1�1Y �. .'��±jS.�i�7� d Sll�C.1ViS10,^. O_ �:18 .`�'.�n�0 Ci i','1.:1'18SOL�� hereina_°tar re£e:r�d �O d5 ���'.OQi1Zj+��� ?+TLf�iC.7J �TiS' :+-,.-�_ .. :.....,:ulS, Tile Ccun�f is au�horized by Lai�rs 1559, Chap�ar i05�, to cC01:1:8 I?'Ol 2T?� S011T'CC� D?j 7�C't�85Q �_I'L� 2ease OT' conde^!na�ion si�es i0: eigh� .srtiricia? Ice i:rer.as �o oe maintained and operate3 'oy the Cou��y; and '-Tru;RrAS, lhe Cet:n�,� nas requesced that tiie 3o�rd o� �ta�ar Co: 1ea�e, at no con_r.ensa�ior.� a'portion oi the 9oard's proner�;� located =r_ the vicin�rv o� Sne1Ln� ar,ri i�ord Par,:;ay ior che pureose o£ constructi. g an �r�i_`:ci<1 Ice ;irena• end � �'�r_..�:�?S, 1ne Boa:ri ci iiater Cos�missioners des:^es to coo_ er2te �rith ;.he Cocn�y ir, mzking'possible ihe consi of tne said Ariiiicial ice �se.na� N0:�7, TF�;17�;� m�^. ��y ;�1D CDu�iTY AGRti� AS :OLLGS�'S: 1. The Board o� ?vater Comnissioners for the consideraiion. hereinaiie; set iorth, does hereby 1et unyo County cerisin nroperty Zocated 4ri�hin �he Ci�;� a= azint Paul, Raasey Coun�,�, S�,aie oi ifinneso�a, described as iollot.s, zor a �em o.i � �orty 1�0) yezrs, com7rienciag the day and yezr £irs : 2bove k:itten. That g:,rt o_° ine :vor�hr:est cuzr�er o£ P?orthiaes� quarte� (i��+� oi r?�." of 3ection 15, Tot, 28 idorth, Range Z3 �^es� of the Paurth Principal P�Seridian, St, peu�, R��eY �o�.�z�:;r, '<`iinneso�a described �s ioL7_o:•rs: The itiorth !�1 ieet of the South 1c97 S'eet; of �.he �ast 278 feet of the iiesu 753 feet; and Beg_nnin� a� a point on �he I;est line of sa..id N�;a4 distant 623.10 fee� T+orih oi the Souihtaest co�er thereo_, thence 2•iorth alon; said 4+esi line a distance a_ 69 •5 fee�, East para11e1 w the Soutl� Lne of 23S"r-4 oi P1:<`r:; Section 1j a disLance oi 1tS°.38 feet, thence deflec�ing Sou�hea_,;�erly i�y an angle of jl�� 50' 3fl" £or a di.stznce of 239•z!� fee;, �o a point lt97 feei North of sa.id South line of F:?•7=4 of i��:-:� Sec�cion i�, thence t:est pzralle? to said Soutn line a disthnce of b1.'72 feet, �hence deilecting �?orth:resterly by an angle of 63° R6� for a —� ---._ � /_.. ... � _. �t rj - I 3S distance of 86.23 feev, ti:ence Z•les� oarallel �e said South line a distance of 303.77 £ee�, thence North parallel �o �he 1•�est line of N4d,�—, oi i'�IW4 Sect_cn 15 a distance oi '-F8.80 feet, tnence bi�st parailei �o said South iine a distance of 193.15 ieet to ;oint of be�inning. Subject to Snellin� Ave. over the vlest 50 feet thereoi. 2. County ag_ees to use the above-aescribed real property iOT' �:12 COriStiUC�7.Qi1 d?1Q opera�ion OT' dri AT'i,li'1C1�1 r.C2 ''.Y'°YI2 only, ane i£ the use oi �he demised premises ior an Astiiicial Ice Aren2 is disconiinued 'oy the County, this Lease shall te?�nina�e, and the City sha11 be entitled �o possessio� oi the leased prem_s2s with- out iurther acticn oy e��her the Ci�y or Coun�;,*. 3. County agrees to operate the Ar�iiicial Ice Arena in the manner set forth in Laws 1969 Chapter 1055, ar.d, zurther, tha� i� will extend the use:oi tne iacilities to puolic, paroc�ial and nrivate secondar;��scnools located in R�*�sey County, and such o�her uses as the County sh�li be pe�ni�ted to provide. 4. County sha11 construct, operate and mainta_n the leased pre.mises in strict comnliance with all 2pplicable laws and at its ovrn cos� and expense, and County e;cpressly agrees and under- takes herewith to £ully inde.�nnify and hold har:�less 2nd de=end the , Boarfl oi [dater Comnissioners, its a�ents, officers. �nd e^.:p1_oyees =rom any znd all danages, claims, losses, jud�ents, suits, expenses, actions or causes of action of 4•�hatsoever manner arisng ouc of or occasioned ny the occupation or use af the dem=sed premises by the County. 5. County agrees that the maintenance and snovr plowing o£ the parlcing 1ot delineated in �he ].eased pronerty is its resnonsibility and iurther agrees that the Board of Water Gommissioaers sha11 have joint usage oi the parking lot to maintain its ad,jacent grounds and facilities. 6. During �he construction period,. County.shali cause its contractor to"take out and maintain coMnre::ensive pub2ic liabiZity (including automobile) insurance for and in behaif of itself. The City of St. Pau? and Board of Gdater Commiss?oners are joint ir.sureds, which wil? protect the City, tne Board and Lessee from claims £or damages and bodily injuries, i:�cluding accidental death; zs er=11 as from claims £or property damage rihich may arise fron operations, all oi•rned, .leased and nonoti•rned vehicles, incidental to the contract, including coverage for damage to structures or ur.der�;round iacili�ies oi any kind, Hrhe�her such operations be by the Caunty or by its contractor or subcontractor or by an;�one directly or indirectly emoloyed by elther of them. Sucn insurance sha11 ' also include Con�ractual Liability coverage and shall insure the liability assumed by the County under the inde:�nification clause �t� -i35 ccntained in �C7�5 contrac�. The min�mum amounts oi such publlc liabill�y insu=ance sra?? be as follovrs: Bodiiy injur� �nsurance (including death) in an anount oi not less tnan s250,000.00 for all damages arising ou� of bod-ly in,�uries to or dsavn of one oerson and su�ject to �he same 1�m_ts for e.=c� person in a total of not 1°ss tnan 5500,000_00 on account of anY one occurrenc°. Progerty damag� insurance in an amoun� of not 1°ss �han �100,OOC.00 for all damages �o or des�ruct:on o£ nroperty _n any one occurrence, and subject �c �f:2t limi� oer occurrence; furcner subject �o a totai of no� less than �2CO ior all d&7:dges to or des�<~uction of prcoerty d'.:ri-^•g th° policy perioc.� Workr,ien's co:�pensa�ion insurance Dl'OV1C177$ at least statutory li.�^i�s as provided by tne laws o� Minnesota. Said 2bove described insurances snall iaclude ���e provision they cannot be altered or, cancelled C'-iT'2:1$ the construc�ion period e:ccent on thirty days' written notice to the Board, and such i�suranc°s shall meet with the approval of the Cornoration Counsei of the Cit� of Saint Pau1. 7, Upon the termination of this Lease Agreemer.� or the discontinued use of the demised premises for an Arzificial Ice Arena, the County expressly agrees, at its own expense, to remove_a11 imnrovements on the demised premises and to restore the de�nised premises �o its ariginal condition and to the satisfac�ion of the Board of 47ater Commissioners. 8. At al1 times during the term o£ this Lease, City sha11 have the right to enter into and upon �he de.�ised premises and improvements thereon during reasonable business hours for the aurpose oz examining and inspecting the same and determining whe�her the Coun�y shall have complied ti•rith iL OI��.l$2t'.'=0Y)S hereunder in respect to the care ar.d maintenznce an� use of the premises. IN k'ITNES5 �riHEREO�, fihe City and County have caused thi� I,eaae Agreemen't tc be execu�ed pursuant to 2uthority oi its City Council and 5oard of County Corunissioners, resoective?y, as of the day and year iirst above written. ir_ °= esex:�s / . .- ,� ,- ( � ��=�i-- �`� -- - �� / � _ '� ��_ � , _ � � / . ;.Pp:?CV�D: / - i , '' V LL %7: = - Y' /��, ' � Cli='.ford '�YJHe�qiiri, �enera] � BO1.tZD OF ;'.TAT_"--R z;� cz�r= i, sa 3y � n �� esence o_`: CIT (�`�,� � — / EY _ �" . � C) /' � ,/Y ,^ � n ' ,•' :-,; _2! ���f� � J '� Lc�nard '.:. ie:^. � / . /� .1 n � rl. Hu: �1�1-135 �-.QF 79 i � o � p de_^.:, %' i / /. �: � Apnr �_. to ro:�: a�;_ �tznt �rpor :cion Cow1�e1 • �no*_'oved zs to Form and r�cecu�ion �his '2 :3' oi� 1972 l� ' � �sist<.nt C, or2�.� on i.o:msel THOMEIS :Y. K Ef_f r• • 'C In?Y ADFrtINIS?R;�?i�.� �.: �_�G•�LL-L � elt�es�= ; c : _ _� aud?.Eo * Cow�'�.ersi � a: �� C, J... �—r � �ri �4�F:-�. lt � �tci�l�_� 3obert �%. i:ude=n, ac �ing He?d De:ar�ent of Fin�nce C�t TY OI' . "•fS�Y By Chair-aa oz the L�oa: d oi Co; i�issione: s EXNIBTT C � � -135 LEAS� AGREE1iE1�"I' THf3.�GtiEG4LENT, niade and entered info this day of _ , by a�Fd Ix.'tsveen the CIT'i` OF SAIN"I' PAL�i_, a municipal carparati�n of tt�e State ai� Ivlinnesata,lieceinafrcr ceferreci tn as `Ciry", and the COUI�TY QP RAiti'1SEY. a subiii�'ision c�f Ure Statc of C�tinnesota, hereinafter referred t� as "Counn�"; and THL BO�RD OI� ��'t�TECt COi1i:�1ISSIt};�E(tS, a subdicision of�the State of h�iinnesota, heceinafter mfeneii co as "F�nard". � W ITVESSEI'�l: �i�'C{rRF4S, The Caunry tvitl leasz fram the }3oard, xt•nc� camgensation, a parcinn r�fthe F3aar�3`s rarope�� lorated in the vicinity of Sncllirig a��d Tord P�uk�,vay for the purpose �f canscructittg un artificiat ice arena; and «'H.t'sRF AS, "I15e Cau��csr� docs requesK that the Baard a41ot� ihe Comity ta espatici its artificial ic� aren� to include tl�e addition af a ne��� arena adjacent t� the exiscing arena and tn ex�wd the c�ebicle �Sarkin�t acea; and �VIiEREA5,'1he requested ne� arena is a joint p�u�ers ventare betu�een tiie Cotu�ty and Cit}, where the Cocint;� u;ill he the o�i�er and o�:rator of the duat ice arena buildingtsl, huilt to serve tk�e deenands r�f their cc�mmon cc�nstituents; and '�!'?.S.4AL!'t[:2T.S".RL'50G1.EASE.R1;:5 fcbmm�' 3. 194i °�� -�3S s���ar ��5, "fhe Board desires to cooperate x�ith the County and City in making possible the construccion vC the sai3 additionaI artilciai ice arena: ti0��' CITY AND COU�ITYAG12Er :�5 F�LL.OftiS: 1. The Ba�'d, for the consideration 4lercinaf'[er set forth, dnas hceebp• Iet unt�� Cc�unty ccrtain property, I�ereinafter re�crred to as "Preavses", tocated ca•i$iin the City of 5�unt Pat�l, I2 amse}� Cotcnt}', State ot' hfinnesota. described as fol(a4vs, far a tcrm �f forty� (44) qears, �ommencing at tbe date of execution of this leasc, 5aid term ma}� he eYteaded for additioital terms o£ ti7rc4 (4{l) year� br cansenE of the C�tmt�, Ciry and B�ard. That gart oftfie Ivarth«�est quarter ofNortttwest quarter {NZVI�4 af ir'iV 114} a£Sec:tion (5, Trnanship 27, Narth, Range 23 t'�'es�t nf the Fatzrth Ptincipal h�teridian, Sl. Pat�I, f�amscy C."'c�unty, h2i�wesaca d�scribed :u fi�Ilc�ws: The Nnrth 4�St Icet �f the South 497 feet; af the E�st 218 feet of thc 6t`zst 7�3 feeC �1 Bc��mnmg at a point on the �Vest tine afsai3 \'l�' 1:4 distant G�3.10 fi;et 1�`oi�th of the �otiEthtio•est camer tltereof, thence NorEi� along said �t`esC liue a dist��nce af Fi9.5 feet, Easc Paraftel to tlse South line ofN��' 1j� ofN�V i,�4 Sc�ti�n l� a clistancc of' �tS�I.?S icet, thencc deflectin2 Southeasteri�= b}° an angle of ��° ip' �0" for a N�;Nn1.6Clt fS:li[s41:,L.EASC RT:S 1'e6ru;uv 3. 7�7 2 ��-135 distance aF239.2� fect tc� a point 497 feet North of said South Iine of ��4" l:`4 of `�1�' i!�l Section 15, thence ��:'est para[tel to said 5auth line a distance ef 61.72 fcec, theace deflecting Northwesterlr b` an an�le nf f 3° 46' for a distance of Rfi:_'3 feet, thenc� ��'est parallcl ta said S�uth line a disk�nce of 303.77 £eet, tliencc I�forth paxaltel to ttte �L'est line of R4�' 1'� ofN�'� U4 Section 1 S a clistance of 43.86 I'eet. thence ���est parallel #o said SouBi line a dist�lnce oE 193. i 5 reet to pnint crf beginning. Subject to Sne[lina Avenue a4�er the �'est SQ fect tli�rc:of. NOTE: ADD FXPtLNSIOivT AFtt:a TO LEGAL - AS NEGESS:�R�' 2. County agrees ta use the abave-descrihed real property tor the con�tructio�t and a�aeration of an artiticial ice areua �iicli ac3jacent par��ne c�nty, and if the use of th�: peemiscs for an aMii7cial ice aren3 is clis�antinued hy� ihe County, ttzis L.ease sha11 termi�rate, and the fio�rct shall f�c entifled to passcSSinn nf the lcaseri premises wi$�out fuirt�ter action b}• eith�r Ehe k3aard c�r c��t�,t�. 3_ Gauni4 agrec,� ta optrate thz artificial ice arena in the manner set Porth in I.aws 19(9. Chaptc;r 10�5, g�e�eming tl�e acquisitian of sites for ice arenas and, furtttc.r, [hat it ti� exten�i ihe use of the fac.-i[ities tQ pubEic, ��arackual and pri�ate sc'condary schoais located in P�an�sey �'ouncv, and such other uses as Yfie Catcnty shall be permitted to provide. x �•.n+ns.�tr�irs.iccsc�i_t�s.cM,acs r�ha.�y 3. i�- G1 � -13�5 d. Cawitt• shall consuuct, apzt�tte and maintain thc Ieased premises in strict compli�trtcc tiiith all applicahle la�ss an� �t its oti.�n cast and e�ense, and County expressty agrees and undenakes lzeretiiith to fullv indemnif_r• and bold liartnless and defend the Buard, the Cin�, th�.ir agenu, c�fficcr; an3 emplopees fram a�ig and atl dama�es, cIaims, losses, iudwnsents, suits, expenses, actic��u or cattses° of actin�i af «�hatsoever nTanner arising aut of or nccasiorted by the crcc«�atic�n c�r use rFf the premises by tk�e Counr;. The F3oard has an e?cisimg 1 R mallian gailc�n ���ter storage resen°oir, cansinec�. d in i 92�5, lo�:ateii ciirectly «�est nfthe deseriba�ci premises and propaszd ice arenas. 'J�he floar e]ev�tion af t�is re.eervo'sr is approtimatety 10t34.i mean sea level (1�tSL} �r 30b Cit;= Dahmt and thc floor �levacivt� �fthe �+rapesed ice arena is 973.1 '�45L (?79 Citn Datum) or appratimatelp 27 feet I��tivtr. 71�e reservoir ciid have a Gsatf ane� flc>nr failure occur in the lafe 192(7's. The repz�ir h�s perfannect very we;€[ f�r 7(l years, but th� im�artance af the eartl�en dead load suppurt is nat knnG4n ai��i distitrtaance cif the eatth baekfiEi ��ay eotttpramise the st�ucturai ii�ce�rit� ansi nr a�er:aic�naE capahility of the reser�•oir. In the ew�ent that the ne�c arena is located west af the e:�istitig a.rc,�tia, there is a potential far damage ta ar interrupted use ofthis re.seR•��ir beth ciuring and aCter con;tructiort ot the praposed ic� arena. lf the new arcna is Is�cated �vest a€ thr exi,tin� areala, the Cnunty aerees t� catsipletely teim6urse and makc whole the tioard for nnF• ex�.case incurred t�y the F3oard due #a the arena cc�nstruction, nlaiateFiaFtce or opar<uion noce or in the future, a5 a re5iilt afthe arena constniction or aperation. ti �.htALBCRTS',kS�StJl�lFxISE.RI�S Fc6tirary 3. 1'Y37 ��-135 5. CounE4 agrees that the maintenance and snQw glo�in� 4f the garkin� lat delineated in �he leased property is its resp�nsibility and further aa ees that the Board shall have joint usa;e oF t tile pazkin� lot to �xzaintain its ad}aceni gronnds and facilities. (. t�urina t6e co�tstn.wtinn perind, the County cantractar shal] L�l:e �ut and maiata'uz com�reltei�si�e puhlic liability (iitcludin� automahit�} insurance far anci in bel�alf of iiscl E 1n�3 the Cit;.• of St. Paul as jc�inE insureds, �ti�hieh c�i{I pretect the City and Cc�unty ft�m clsims wt�ich aiay ai�se out of, or res-utt tiom, cantract�r's operation, under the contract, u•hether sucli c�p��Cions be by cnnts�actot or any suficontractor or anyone directiy entpl��yed hy titen�; c�r hy anyone far ulx3se acts �ny onc af Ehem may be Iiable. The rninimum amoua�s ot such insuran4e zhati he ss f�ifaws: a. Corntneeeial General Liability (I:.Sf� CCL form} I�linimum I.,imit�: $ 6U�.OtIfJ cach c,w•ent liruit 51,QOp,Q00 generaE a�reg�te $ i�(?06,t7fH} products�`campletec4 operations tatai iimit $ 60b,�00 �ersnaal injury utd advettising l+al�ilit�� N:1[,0.(.f3F.RTS�RESOI.;LCASL RES Fcbnrorp 3. 194? �1�1-I 3S The pnlic� is to be �i•ritten ont an accurrence basis or as accepklhle ta [he Caunty's Risk 1�lanager_ Certifieat�.s ef Insurance must indicate if the palicy i� issued on a ciaims-�nade or occune��ce L�sis and if coyernge is pravided for �, C, [J ha��rcis, if applicabte. T'}te Citp and Comtn•, their oF�cials anci employees sha}t be added as additional insw•eds. h. Aut�cnobite Liabiii�y� lnsurance '�liaxinium Linut: $6QO,Q00 Combinea Sinale Limit t;overa�e shall andude: hired, non-n«�led and o�lned auto c. W"orker; Catnl�ensation and Crnpicstefis Liabilit}� `r'�'ork�rs Compensation: per IvfN State Statute EmE�lot�er's f..iability I�tix�inzum Limits: �tiQr},OOb �cr accideni; $5dt�.DO(l �er empla}�ee: �50t].Q00 perdiscasc �olicy limit Qther Scaties Cc�4e��ase ^�:.AtAI.(iERTS:I2L-St�t.1L,4SG.RESFchruary},1947 � �2 - ti3S d. Professir�nal Liabilit� Insurance i�4uunuim Limits: � 600,0(70 per elaim S 1,�00 ,fl4f} a��*regafe �. License as cequired f. Certikicate shall indicate if poticc� is written i�ith an actntittc�{ or noa-ad�tiitte<1 camcr. 13es#s' rating Ior the insurer sl�all 6e noced nn the certiticate, and shail nat tre less than a B+. g. �JI Ccrtificates nf Insurance shatl �roti�ide that the insurance company �i��� the Cic�; aad the Ccrunty thirct' {10� days priar E�ritten notic;z af cancellaCinn. ac7n- rene�+�at e>r any material changes in the policy. 7. Upun the terznisintic�n of this Lease flgrcement or the disconti�,ued iwtie of thc �+reigiises fnr an acrifccia( ice arena, ihe County expressly agrees, at its o�4n e�pe�ase. te� rerno�e t+ll smpror on tlle prenuses and to rc;store the premises to its originaf conditian and to tl�e satisfacu��n of tk�e Board. ti 1M11.�L(fER7'S`�SiL•:S4L'.Ll':ASGR1;:5 Febru:vy 3, t'k)7 7 �� -�35 S. r'lt all times duriag the term c�f this T ease, Board sl�ai( hace the right to encer ineo �nd upon il�e premises artd impro�'ements therzan durin� reasonable husines�� houn For the pcup�}sa of e:taminia� an3 ic�specting [he samc an� deterniinine u°hefEier the Cottats shal! lti+ve com�l ied �t ith its ubtigatians hereunder in respect to the care and maintenance <uid use of the �remises. €�i �,E'[1Z1�S5 �l�i ��g�QF, The parties iiereto ha�e causu3 thi� LeaSe Asreement ta 1�2 executed as ak d�e day and y�r first ab«ve c� .:,rat.ueicn:xss�a� •t.sr+sE.r.r-s r�r,r;�r.• 3 ��c; R �l � -I 3S APPRO�•"ED: Bernie Tt. }3ullert, General ibfanaoer Appr��ved as fo FoCni: :�ssistan[ t:itv A[CameV Approti•eci as to Form: Rainse� C'�unty Attnmey Ba_arin oF r�•a:�x cotiu�nssto:vt,Rs CITSi flF SAL�T Pr1UL By President B}' Secmtari COTfiTERSTC�'Ell: B� Mariha Larson, Directcir, Deparim�nt of Finance and Mana�emcnt Serc�ices CIT�" t7E SaINT' PAL'L hi�3VQE F3v City Clerk COiT:�IT4' QF Rrtit4SEl' Av Susan Haigh Chair, Ramse�� Counry I3oard of Ca��zissiuncrs Bti> Bannie .iackelen Chief Clerk - fiount}• Baac�i Ni�Llf.l3iiR'iS'�RLSU(:11=-ASERES Fr.bru.ssy 3, 1�.�3? �