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HomeMy WebLinkAboutCCRes_90-24No. R-90-24 CITY OF FALCON HEIGHTS C O U N C I L R E S O L U T I O N • Date May 23, 1990 RESOLUTION APPROVING AGREEMENT REGARDING EASEMENTS AND APPROVING AGREEMENT AMENDING AND RESTATING LEASE • • WHEREAS, the City of Falcon Heights and the Regents of the University of Minnesota entered into an Agreement dated August 8, 1985 regarding easements granted by the University of Minnesota in favor of the City of Falcon Heights. WHEREAS, in connection with the registration of title to the 1666 Coffman Project property it is necessary for the City of Falcon Heights and the Regents of the University of Minnesota to execute a document in recordable form containing the provisions of said August 8, 1985 Agreement, which document is attached to this Resolution as Exhibit A. WHEREAS, the City of Falcon Heights and the Regents of the University of Minnesota entered into an Agreement Amending Lease dated November 24, 1986. WHEREAS, the legal description contained in said Agreement Amending. Lease inadvertently included land lying within the 1666 Coffman Project Property. WHEREAS, it is therefore necessary for the City of Falcon Heights and the Regents of the University of Minnesota to execute a document containing a correct legal description, which document is attached to this Resolution as Exhibit B. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the City of Falcon Heights hereby approves the Agreement Regarding Easements attached to this Resolution as Exhibit A and approves the Agreement Amending and Restating Lease attached to this Resolution as Exhibit B. Moved by Jacobs YEAS Nays BALDWIN CIERNIA GEHRZ WALLIN 5 in Favor 0 Against JACOBS Approved by C~_ ~,~^~.~~~ Mayor May 23, 1990 D t y~~ Attested by /J City Clerk May 23, 1990 Date Adopted by Council May 23 , 1990 City of Falcon Heights Council Resolution Approving Agreement Regarding Easements and Agreement Amending and Restating Lease May 23, 1990 • Page 2 2. That the mayor and clerk of the City of Falcon Heights are hereby authorized and directed to execute documents substantially similar in form to said Exhibits A and B. Adopted by the Falcon Heights City Council this twenty-third (23) day of May, 1990. • ~. ~ . • ~.. AGREEMENT REGARDING EASEMENTS This Agreement is made this lb- ± da of r y ~~, 1990, by and between the City of Falcon Heights, a Minnesota municipal. corporation (the "City") and The Regents of the University of Minnesota, a Minnesota constitutional educational corporation (the "University"); WHEREAS, the parties have previously entered into an agreement dated August 8, 1985 (the "1985 Easement Agreement") regarding easements granted by the University to the City, dated August 8, 1985, filed September 6, 1985, and recorded as Document Nos. 2280760 and 2280761 in the office of the Ramsey County Recorder (the "Easements"); and WHEREAS, the parties wish to memorialize of record the • provisions of the 1985 Easement Agreement affecting the Easements; NOW, THEREFORE, in consideration of the mutual promises set forth herein, the City and the University agree as follows: 1• The City agrees to pay all costs of installation of the storm sewer east of Gortner Avenue, and all costs for restoring the_: property to its original condition following such installation. The University and the City shall share the cost of utility and street construction on Larpenteur Avenue west of Cleveland Avenue and on Coffman Street in accordance with previous agreements. All utility trenches shall be backfilled or protected at the end of each day of construction. The area disturbed will not exceed the easement width granted in the Easements. EXHIBIT A 2: - The City shall place a temporary fence on the south side • of the construction area east of Gortner Avenue to prevent disruption beyond the limits of the easement area described in the Easements. The University reserves the right to inspect the construction site and reserves the right to shut down the project if construction is not proceeding as agreed. The City shall provide access to all University buildings and parking lots at all times during construction. 3. The University shall remove and replace the existing fence located on the easement area described in the Easements and lying east of Gortner Avenue. The City shall reimburse the University for all costs associated with removal and replacement of the fence. 4. The City shall have the utility trenches compacted to 95$ • of standard Proctor density in the lower portion of the trench and 100$ of standard Proctor density in the upper three feet of the trench. 5. The City shall provide full-time qualified inspection during construction. 6. The City shall allow the University to review all plans and specifications for any work done pursuant to the Easements and shall allow changes in accordance with the conditions of this Agreement. 7. The City shall obtain approval from the City of St. Paul ' and any "other required governmental approvals for any proposed improvements located in the easement area granted in the Easements. • 2 8. After utility installations have been completed and are • =-made-operational, and the construction area restored, the City ~~ shall notify the University before any maintenance or repair - - - - operations rare-undertaken. The City shall restore .any areas disturbed by any repair operations. 9. The -City hereby agrees to hold the. University harmless -- from and against any and all liability, demands, causes, actions or claims,_whether well-founded or otherwise, including the cost of defending the same, which in any way may arise out of or connection with the granting of this permission, or the construction, .installation, connection or surface restoration. Further, the University shall not be responsible to the City or any other parties served by the City for any damages, consequential or otherwise, for the use or disruption of service by the City's • construction. All contractors engaged by the City shall give suitable and adequate bonds to the City to insure timely and satisfactory performances of the contracts, and shall maintain adequate liability insurance to indemnify the City and to uphold the City's responsibilities to the University pursuant to this Agreement. - - IN WITNESS WHEREOF, the- parties to this Agreement have hereunto set their hands as of the day and year first written above. • THE CITY OF FALCON HEIGHTS By I s 3 • THE REGENTS OF THE UNIVERSITY OF MINNESOTA By Its ,, STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) p The foregoing instrument was acknowledged before me this '73~ day of M~1''( , 1990, by '~A,t -~~4~p~tl~N , the /h,,ttyp~ of The City of Falcon Heights, a Minnesota municipal corporation, on behalf of the corporation.' r;,~~~..,. THOMAS A. GEDOE ~~ ~' NOTARY PUBLIC - MINNESOTA `~~ HENNEPIN COUNTY Notar ublic . `~ •r My Commission Exp. June 16. 1992 • STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before e this ~~ day of Jc'~~ 1990, bye r~'t -,~~ci~i~~~ the,5;~ trig ~' r~c3~~~~~~' of The Regents of the University of Minnesota, a Minnesota constitutional educational corporation, on behalf of the corporation. _.~ R..O! -. .. ~,., . - THIS INSTRUMENT WAS DRAFTED BY: Leonard, Street and Deinard -- SCM 150 South Fifth Street, Suite 2300 Minneapolis, Minnesota 55402 san\coffaan\easement.ayt 4 ~^ University Lease No. U-128 Amendment No. 2 • AGREEMENT AMENDING AND RESTATING LEASE This Agreement is made this ~lf~ day of ,J~.,,e , 1990, by and between The Regents of the University of Minnesota, a Minnesota constitutional educational corporation (the "University") and the City of Falcon Heights, a Minnesota municipal corporation (the "City" ) . WHEREAS, the University and the City entered into an agreement dated October 29, 1975 (the "Lease") providing for the City's use of certain premises in the City of Falcon Heights for a playground during the period from July 1, 1975 through June 30, 1976 and annually thereafter until terminated by either party as therein provided; and • WHEREAS, the parties entered into an Agreement Amending Lease dated November 24, 1986 and amending the Lease to reduce the amount of land subject to the Lease to make way for construction of the 1666 Coffman Condominium Development; and WHEREAS, the legal description contained in the Agreement Amending Lease inadvertently included land underlying the 1666 Coffman Condominium Development; NOW, THEREFORE, in consideration of one dollar and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the University and the City agree to amend and to restate the Lease as previously amended by the Agreement Amending Lease as follows: • EXHIBIT B Q 1. The University hereby leases to the City an area lying • between Folwell Street and Larpenteur Avenue, east of Coffman -~ -Street, in the City of Falcon Heights described as follows: Commencing at the Southwest corner of the Northeast Quarter of the Northeast Quarter of Section 20, Township 29 North, Range 23 West, Ramsey County, Minnesota; then North (assumed bearing) along the west line of the Northeast Quarter of the Northeast Quarter of said Section 20 a distance of 687.00 feet; thence East 18.00 feet to the Point of Beginning of .the property being described; thence North 269.00 feet; thence East 290.00 feet; thence South 285.52 feet; thence North 89 degrees 31 minutes 54 seconds East 27.00 feet; thence South 58.72 feet; thence North 76 degrees 38 minutes, 45 seconds West 325.81 feet to the Point of Beginning; except the northerly forty (40) feet thereof; reserving the westerly 25.00 feet for roadway purposes. Subject to easements or other restrictions existing or subsequently granted by the University. 2. The City shall not sublease all or any portion of the leased premises nor assign this Agreement without the prior written • consent of the University. 3. The City shall use the leased premises only to improve, maintain and operate a playground facility, including a softball field, play equipment area and outdoor skating facility during the winter months. Any other use of said premises requires the University's prior written consent. Further, the City shall perform all appropriate improvement, management and maintenance activities, on a regular basis, consistent with other comparable facilities at the sole cost and expense of the City. 4. Prior to making any improvements or changes, other than ~- those necessary to appropriate maintenance activities, the City shall submit its plan to the University Office of Physical Planning for approval. • ~ ,~ 5. The City shall obtain and keep in full force and effect, •~ during the full term of this Agreement, at its sole cost and expense, liability insurance as described more fully below, which shall indemnify and save harmless the University, from any and all claims, suits, losses, damages or expenses arising out of .the maintenance and use of the leased premises by the City, on account of injuries to, or death of any and all persons whatsoever, including the employees of .the City and of the University, and on account of damage to property of any and all persons whatsoever, including property owned by the City. and property owned by the University, at a limit of liability of $500,000 Combined Single Limit (CSL) per occurrence bodily injury (including personal injury) and property damage liability, such policy or policies naming the University as an additional insured. Certificate(s) • evidencing the above insurance coverage shall be directed to the University's Property/Casualty Insurance Office, 231 Administrative Services Center, 1919 University Avenue, St. Paul, MN 55104. 6. Official notices required under provision of this Agreement shall be directed in writing to the parties at the following addresses or to such other place either party may designate in writing form time to time: University: Regents of the University of Minnesota c/o University Attorney 330 Morrill Hall 100 Church Street S. E. Minneapolis, MN 55455 City: City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, MN 55113 • 3 ' -~ - - 7. The City shall pay any and all costs associated with its • use of the leased premises. The University shall incur no cost whatsoever because of this Agreement. ` 8. Zn the event of default of any term or condition of this `l~greement, the defaulting party shall be entitled to thirty (30) days written notice specifying the nature of the default. In the event said default is not corrected within said thirty (30) day period, or a cure commenced and the defaulting party be diligently pursuing correction, the non-defaulting party may elect to terminate this Agreement immediately, and the obligations of that party hereunder shall cease immediately. 9. This agreement commenced July 1, 1975 and shall automatically be renewed annually unless either party shall give ninety (90) days written notice of cancellation to be effective on • the subsequent anniversary of this Agreement. 10. All the covenants and promises hereof shall inure to the benefit of and be binding upon the respective successors and assigns of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Second Agreement Amending and Restating Lease on the day and year first written above. REGENTS OF THE UNIVERSITY OF MINNESOTA By ~ - Its ~ (.e, J~ • 4 r~ STATE OF MINNESOTA CITY OF FALCON HEIGHTS By ~ - -- Its M.t1.4o2 And C~ Its ~ ss. COUNTY OF HENNEPIN ) ~ y The fore~c~oing instr~ume t ,~s~,acknowledged before~°e this day of ~l~U; 1990, by A.~ the 5,~, c'i.u /~~%~~~' ~ of the Regents of the University of Minnesota, a Minnesota constitutional educational corporation, on behalf of the corporation. ., . ~,_;_~ ,. .~ - ~ _~ ~.., -. STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) The foregoing day of /'h1E'`T ,~ 1990, the l~~'`f0~ Falcon Heights, a r corporation. instrument was acknowledged before me this 3?4 by `tZ) k B~LDW rA/ and sul2~t~r G. CtFex~wEr;~l and Ct ~7R.bC of the City of Minnesota muniipal corporation, on behalf of the f;:~'"'~;;•, THOMAS A. GEDOE ~je !~ ~ NOTARY PUBLIC -MINNESOTA _~ '•~~#~ HENNEPIN COUNTY .~6'V`...r..! My Commission Exp. June t6. t992 Nota Public THIS INSTRUMENT WAS DRAFTED BY: Leonard, Street and Deinard -- SCM 150 South Fifth Street, Suite 2300 Minneapolis, Minnesota 55402 • scw\coffstsn\aoended•tse 5