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Home My WebLink About01/06/1994 Park Board Packet City of Lino Lakes Park Board Meeting Thursday, January 6, 1994 AGENDA 1. Call to Order and Roll Call 6:30 pm 2. Approval of Minutes of December 6, 1993 6:35 pm 3. Open Mike 6:35 pm 4. Old Business a. Report on Council Work Session 6:40 pm Discussion Regarding Park Board Priority List - Verbal Report b. Set Public Hearing Date To Amend 6:50 pm Comprehensive Plan For Change In Recreation Complex Site c. Parks Referendum Issue - Jeff Schoenbauer 7:00 pm d. Review of Special Meeting Regarding Shores 7:15 pm of Marshan Parks and Recreation Building e. Rice Lake Cooperative Park Sketch Review 7:20 pm f. Park Updates and Other Old Business 7:35 pm 5. New Business 7:45 pm 6. Adjourn 7:45 pm All times are approximate and subject to change. If you cannot attend the meeting please notify Carole Kohler at 464-5562. CITY OF LINO LAKES -0-N PARK BOARD MEETING MONDAY, DECEMBER 6, 1993 Please note that the following minutes may be more abbreviated than usual because of audio problems that occurred during taping of this Park Board meeting. The regular meeting of the Lino Lakes Park Board was called to order at 6:30 pm on Monday, December 6, 1993 at Lino Lakes City Hall by Chairperson George Lindy. Roll Call was taken, other members in attendance were Bob Williams, Brian Bourassa, Ken Johnson, Joe Schmidt and Jacquelyne Farm. Absent was John Baumann. Also in attendance was Marty Asleson, Parks, Recreation and Forestry Coordinator and Barry Bernstein, Recreation Program Supervisor. APPROVAL OF MINUTES: There were no corrections or additions to the minutes of the November 1, 1993 meeting. Minutes were approved as written. OPEN MIKE: No one appeared under Open Mike. NEW BUSINESS: This agenda item was moved up to accommodate developers in attendance. Fox Trace - Mr. Clyde Rehbein came forward to present park his dedication plans for a newly proposed development. The development called Fox Trace will be located between Hodgson Road on the west and Ware Road and 62nd Street on the east. The plan is for 55 single family homes on a 25 acre site. A density of 2 .2 homesites per acre. There is no need for a park in this area as indicated by the Comprehensive Plan. Mr. Rehbein is proposing to satisfy his park dedication requirement by contributing $35,000 in cash dedication, which is 10% of the total purchase price of the land, as called for in the Park Dedication Ordinance for developments with a density of 0 to 3 unite/acre. To satisfy the trail dedication, Mr. Rehbein is "proposing to grade and place the base material for a pedestrian and bike trail within the right-of-way along the west side of Ware Road and along the east side of S.T.H. 149. " He further states that "it shall be understood that if it is necessary to place any part of these trails outside of the road right-of-way and into my plot, that I will be responsible to see to it that all real estate taxes are current. " Mr. Rehbein also proposed to require that all marketing materials such as brochures, sales office displays and signage will clearly alert any purchasers that a trail will be constructed within the power line easement along the south side of Fox Trace at such time as that property is developed. 1 CITY OF LINO LAKES '"N PARK BOARD MEETING MONDAY, DECEMBER 6, 1993 MOTION: Upon a motion and second from board members, it was unanimously agreed that Park Board recommend to the council to accept Mr. Rehbein's park and trail dedication as presented, with the understanding that permits, disclosures and road issues be approved by the City. Willow Ponds Development - This sub-division is a re-plat of what was formerly known as The Cottages, the proposed senior housing development. The new proposal by Mr. Gary Uhde who appeared before the board, calls for a development of 13.59 acres that will have 27 homesites . This is a density of 2.19 units/acre. This development is bounded on the north by I35, St. Joseph's Church to the east, and Sunset Avenue to the west. As per our Comprehensive Plan there is no required land dedication needed for this parcel. Thus the park dedication is based on the Park Dedication Formula. At $10,000 per acre x 13.59 acres x 10% of 27 lots equals $503 per lot or $13,590 per development. For trail dedication, Mr. Udhe states in his proposal . . "The proposed subdivision includes an additional seven (7) feet of n right-of-way so that an eight (8) foot wide trail can be constructed along the north side of Elm Street. The road is currently County Road No. 12 but is slated for turnback to the City when Apollo Drive is accepted by Anoka County. " . . . MOTION: After a short discussion the park board make a motion, seconded and voted unanimously to recommend that council accept the park and trail dedication for the Willow Ponds development as presented. OLD BUSINESS• Country Lakes Re-design - Marty Asleson presented the finished design concept of Country Lakes Park done by Brauer & Associates. This finished concept was a composite of two designs previously presented to the board. Jeff Schoenbauer from Brauer took elements from the two designs at the boards request. This new design was acceptable to the board. There will be follow ups at future meetings. Recreation Department Updates - A Recreation Focus Committee has been formed to solicit ideas from volunteer residents. Marty Asleson informed the board of the first meeting. He explained that there was a good turn out that included residents with varied 2 CITY OF LINO LAKES PARK BOARD MEETING MONDAY, DECEMBER 6, 1993 interests such as: skiing, youth, hockey and baseball to name a few. Marty explained that the input was positive and discussion centered around empowering residents of the City to give input into recreation programming. He reports that there was much discussion about recreation opportunities, but invariably all discussions led to a need for support facilities for the programs. There will be regular monthly meetings and updates will be brought to the park board. OTHER OLD BUSINESS: Trail Updates - The board has had some questions regarding the completion of the trial in the Wenzel Farms development. Marty Asleson reviewed the status of all trails with the board and informed them that the trails in the Wenzel Farms area are completed. The connecting trail to Sunrise Park between Ulmer Drive and Snow Owl trail is in. NEW BUSINESS• Tax Forfeit Land - Marty Asleson reported that the City has acquired Outlot B - south of LaMotte Park through tax forfeiture. n This a good addition to that park. Adopt-A-Park - Girl Scout Troop 1834 has adopted Lino Park. An adoption agreement has been signed and the Troop has agreed to plant flowers in the park, weed the garden as necessary, pick up/clean up the park two times a year, and report anything unusual at the park. In return, the City will supply litter bags, plant material, and recognition for their efforts including a sign at the park. OLD BUSINESS (CONT'D. ) Park Board Project Priority Recommendations - The board took a lot of time to discuss and list project priority recommendations for the council. A copy of the letter to the council with the recommendations for projects and expenditures for 1994 is attached to the back of these minutes. ADJOURN: - Upon unanimous consent, the meeting was adjourned at 10:00 pm. 3 City of Lino Lakes PARK BOARD RECOMMENDATIONS/PRIORITY PROJECTS TO EXPEND DEDICATED DOLLARS FOR 1994 (as recommended by Park Board at meeting of December 6, 1993) Priorities are listed in order of importance as was determined by the Park Board through a 0 - 10 rating system with 0 being the lowest priority and 10 being the highest. Where the board determined that an exact dollar figure should be assigned to a particular project - it is noted by an asterisk. 1. Continue paving existing trails that are not yet hard surfaced * $15, 000 per year a. pave all surfaces as they are developed 2. Continue planning and phased development of Country Lakes Park to begin with: a. Park master plan (completed) b. Open area up and improve beach appearance *$3000 c. Restructuring entrance, roadways and parking area - *$1500 (this cost would be for engineering/study d. Re-establish turf e. Beach clean-up - brush/sand f. Pursuing DNR Grant for fishing dock g. Prioritizing phases of development 3 . 1. ) Completion of N14 (South Baldwin Lake Park) development - *1$18, 000 (this amount has already been approved by Council) 2 . ) Outdoor pleasure skating rink at Lino Park to better use building, and make miscellaneous improvements. Finish building interior ie sheetrock, etc to use building for warming house - *Not to exceed $2000 3 . ) Hockey rink for City Hall - *$12,000 (tied into Marine Corps project) 4 . 1. ) Routine upgrade and maintenance of existing parks - ie picnic tables, etc. *$1000 2 . ) Future park land acquisition and development funding is an immediate concern - the park board would like to begin planning for a bond referendum: *$5000 (this is money previously approved by council for land acquisition - $2700 has been used to date for re-location study) a. Stand alone park financing for a bond referendum b. In combination with City Hall referendum c. In combination with Recreation Complex referendum d. Or any combination of the above h 1 5. Continue search for recreation complex and provide additional funding if needed 6. Rice Lake Estates - Pursue and follow up with joint powers agreement with Circle Pines to finally resolve issues at Rice Lake Estates and complete the park development (sell 2 lots + $40, 000 as slated in developers agreement) 7. 1. ) Improve parking conditions at Lino Park - *$5000 2. ) Park Design/neighborhood input Brandywood Development 8. Park design concepts/park land delineation Quail Ridge* 9. Access to Leonard and Bradley Park (Sunset Oaks) *$300 (for wetland delineation for trail going to the east from the park) 10. Park design/neighborhood input Pine Ridge area 11. Completion of land acquisition N14 (Baldwin Lake Park) - if feasible * 12 . Rice Lake Elementary - tennis courts 13 . Park design/neighborhood input Wenzel Farms ,.� 14. Shores of Marshan Lake (Forjay Bldg. ) improvement is a very lowest priority * Expend a total of $2000 for park design concepts for items 8 through 13 (except #12 tennis courts at Rice Lake Elem) Ref:Priority 2 j AGENDA ITEM STAFF ORIGINATOR Marty Asleson DATE January 6, 1993 TOPIC Setting a Public Hearing Date for the Relocation of the A-3 Recreation Complex The evaluation of alternative sites for the South Recreation Complex was undertaken in response to the cities's concern that land within the Metropolitan Urban Services Area be developed to its highest and best use. Although the site as defined in the Comprehensive Plan and Development Guide is ideally suited for this type of development, it is also considered prime land for development, and became tied into the sewer and water expansion projects. Given the cities's concerns, the search for a an alternative site for the South Recreation Complex was initiated. Parameters for site selection were set, and a process of an alternative site selection, through the input of staff and the citizens based Ad Hoc Committee was undertaken. The findings of the committee were outlined in the final report submitted in October. The committee came to theconsensus that parcel "D" was the preferred site as outlined on the attached map. It is necessary to hold a public hearing to amend the Comprehensive park plan to enable this proposed change. A tentative date has been set to hold this public hearing on the 7th of February, 1994, 6:30 P. M. at the beginning of the 'regular Park Board meeting. We 'need a motion from the Park Board to do this at that time Make .arecone. dation to hold the public hearing to amend the Parks and Recreation Comprehensive Plan on February 7th, 1994 at the next Park Board meeting 2 . Set another date,. Sllr r . 1E �. ON 1. Option 1, recommend holding a public hearing to amend the Comprehensive Plan to relocate the Recreation Complex location. bCEO yr�t,'� �s.�,p►�py'y r ° o� �R�, � � s Mill pasd e7tb.a pe f;;o d � �11•��o,egw�a.'an i � �/ wd■ n AGENDA ITIE M STAFF ORIGINATOR Marty Asleson i DATE December 21,, 1993 TOPIC Rice Lake Estates Cooperative Park Update Please find enclosed background information on the cooperative park concept in the Rice Lake Estates Developmen t. Several letters' o f correspondence, the final development agreement, maps, and concept sketch are all enclosed:. Going through another file that I found at City Hall, I found the final development agreement. Please notice that page 5, item number 5 states that the developer shall pay to the City the sum of $40,000.00 for the use by the city in development of park improvements on said lots and adjacent park property within Rice Lake Estates. In addition, there has been one ,property owner concerned about the boulevard trees that all but 4 residents received . This is also spelled out in the agreement under item if. I am currently working on this. I will bring overlays to the Park Board meeting for discussion purposes. 71, 1. Continue the pursuit of this park concept. 2. Develop other options. This is an information update. There are, no recommendations from staff at this time. U Q 2 � Ld lJ ', � 7 r u � f � ° II i c� 4 E- y i r r � i —y .\ C J � ,ft% CITY OF CIRCLE PINES 200 Civic Heights Circle Circle Pines,Minnesota 55014-1795 Telephone 784-5898 FAX 785-2859 Marshall N.Dahl,Mayor Hazel Schneider,Councilmember Mike Wagner,Jr.,Councilmember Jeffrey Nelson,Councilmember Michael A.Felling,Councilmember James W.Keinath,City Administrator February 25, 1991 Marty Asleson Parks Director City of Lino Lakes 1189 Main St. Lino Lakes, MN 55014 Dear Marty: Eric Olsen, of Fred Burstein and Associates, has reviewed the park property lease. He has sent me a letter indicating that, because the property pro- posed to be leased is not currently owned by the City, it would be premature for the City to enter into the lease. The City Council has directed full acquisition of this parcel. The City Attorney has made a number of contacts with the Department of Transportation, however, to this point, we have been unsuccessful in proceeding forward on the variety of State ownerships on the four different parcels that are in- volved. It would be my best guess that it would be into the summer, at the earliest, before all of the legal work necessary for us to acquire the property were to occur. I realize that you had hoped to place park equipment on this parcel during 1991. I do not see that as a likely possibility. I will update you when I have more information as to a closing or acquisition date for the parcel. Sincerely, res W. Keinath City Administrator JWK/mh cc/Dave Phipps Mr. Jim Keinath December 13,1993 City Administrator City of Circle Pines 200 Civic Heights Circle Circle Pines, Mn. 55014 Dear Jim I am writing this letter in reference to the proposed cooperative park in the Baldwin Park/ Rice Lake Estates development. The Lino Lakes Park Board would like to proceed with this project next year. The Board has placed a high priority on it. I understand that the land transfer takes time, and this is what I have conveyed to the Park Board. Perhaps a letter addressed to our Park Board from the City of Circle Pines as an update would help to answer questions. I would also be able to share this with our neighborhood in Rice Lake Estates. Thank you for your help. We look forward to working with you on this project. By the way, Lino Lakes is next in line for the "Spotlight" in the Minnesota Parks and Recreation publication Keeping Up. I am mentioning this project in this article. Thanks again. Marty Asleson Parks Recreation and Forestry Coordinator City of Lino Lakes. CITY OF CIRCLE PINES 200 Civic Heights Circle Circle Pines,Minnesota 55014-1795 Telephone 784-5898 FAX 785-2859 Marshall N.Dahl,Mayor Hazel Schneider,Councilmember Mike Wagner,Jr.,Councilmember Jeffrey Nelson,Councilmember Michael A.Felling,Councilmember James W.Keinath,City Administrator January 30, 1991 Marty Asleson City of Lino Lakes 1189 Main St. Lino Lakes, MN 55014 Dear Marty: This is to inform you that I have forwarded the proposed park property lease to the City Attorney for his review. As soon as I hear from him I will communicate to you the status of the proposed lease, as far as the City of r1 Circle Pines is concerned. Si erely, / A;4�1 .fames W. Keinath City Administrator JWK/mh January 21, 1991 Mr. Jim Keinath City of Circle Pines 900 Civic Heights Circle Circle Pines, Minnesota 55014 Dear Jim; This letter is just a follow up to the letter and information 10� I sent you on November 15, 1990 concerning the proposed Rice Lake Estates/Baldwin Park lease agreement. We would like to proceed with the specifications for development in this area. If there are any problems with the way the lease agreement is written, or any other questions you or the City of Circle Pines may have, please contact me at 464-5562. Thank you, Jim. We look forward to our cooperative efforts on this project. Sincerely, Marty Asleson Superintendent of Parks, Recreation and Forestry MA/cmk cc: Don Volk Director of Public Works i C I T Y O F INOLAI�] November 15, 1990 Mr. Jim Keinath Circle Pines City Hall 200 Civic Heights Circle Circle Pines, Minnesota 55014 Dear Jim; Enclosed is a proposed lease regarding the Rice Lake Estates/Baldwin Park area to the west of lots 1 and 2 , block 1 in the Rice Lake Estates development. you' ll notice that we have left open the commencement dates in paragraph 2 and 3 . This date can be filled in later at a mutually agreeable time. Also notice that our Park Board wished the lease agreement to continue for 25 years at the cost of $1. 00, and that there is a 15 year option to extend this lease after 25 years. I have enclosed as much information as we have at this time. Please notice the specifications for equipment. The tennis courts would be a standard battery of two with enclosed fence. As we discussed before, the trail exercise course would have to be a joint-pay project. We understand that there might be different trail surfaces and cost share ideas to be discussed. (ie) there are more exercise stations in the Circle Pines side of the trail, do we equally share the cost? Once we have a signed agreement, it is our wish to better illustrate the concept and present it to our neighborhood group for input. The ideas may change slightly. We will forward the finished concept to you. It might be helpful if you could. forward any demographic information you might have on the area regarding your side of the City lines within 1/4 to 1/2 mile. 1189 MAI I,IN() !_AKf;S. MINN ,<0"!A 55014 012-464-5562 d If all goes well, we can expect to start writing the specs this winter. Thanks Jim, for your cooperation. Sincerely, Marty leson Superintendent of Parks, Recreation and Forestry MA/cmk LAW OFFICES OF Make alyd }Hawkws /1 SUITE 101 ' 299 COON RAPIDS BOULEVARD JOHN M.BURKE COON RAPIDS,MINNESOTA 55433 WILLIAM G-HAWKINS PHONE(61 2)784-2996 October 2 , 1990 Mr . Marty Asleson Lino Lakes City Hall 1189 Main Street Lino Lakes, MN 55014 Dear Marty: Enclosed please find a proposed lease concerning the Circle Pines park property. There are several items that you will have to attach to the lease since I did not have them with the information that you had sent to me. The first is an Exhibit A showing the exact location of the park property. If you have a legal description for the property that would be even better than just attaching a map indicating the location. Secondly, you will have to fill in the term on Paragraph 2 since I did not know what day you wanted it to commence. It is my understanding that it is to run for a period of thirty years after the commencement date. Under Paragraph 3 you will also have to include the commencement date. In Paragraph 4 I have made a provision regarding payment of special assessments and that the costs would be shared equally. I did not know whether it is contemplated that sewer and water may be extended to this property or if there are roadways that may bypass same that would give rise to special assessments in the future. I have merely divided these equally if there are special assessments between the City and Circle Pines. If this is not appropriate please advise. Also in Paragraph 5 I mace a provision for utility payments by the City of Lino Lakes. If this is not correct, please let me know and I will make appropriate changes. Mr . Marty Asleson October 2, 1990 .�•, Page 2 Under Paragraph 7 of the lease I have provided for specific approval to make park improvements by the City of Lino Lakes in accordance with plans and specifications which should be attached as Exhibit B . I believe approval should be given before you sign the lease so that we have no dispute over what is going to be done on the property. Please review the remainder of the lease closely to ensure that it includes all of the provisions that have been discussed between both cities. If any additional items need to be added , please advise. � ,r5 ncere , illiam G. Hawkins WGH :mk Enc. i CIRCLE PINES PARR PROPERTY LEASE THIS LEASE MADE and entered into this day of , 19 , by and between the City of Circle Pines, a municipal corporation, hereinafter called "Circle Pines", and the City of Lino Lakes, a municipal corporation, hereinafter called "Lino Lakes" . 1. PREMISES DEMISED. That in consideration of the covenants and agreements hereinafter mentioned to be performed by the respective parties hereto, and in payment of rental hereinafter designated to be made by Lino Lakes in accordance with the provisions under this lease, Circle Pines has by these presents let, leased, rented and demised unto Lino Lakes, its successors and assigns, and Lino Lakes takes and hires from Circle Pines, those certain premises consisting of real property described as follows: See Exhibit A attached hereto and made a part hereof for a map indicating the location of the demised premises. Such demised premises shall include all of Circle Pine's easements and appurtenances in adjoining and adjacent land, highways, roads, streets, lanes, whether public or private, reasonably required for the installation, maintenance, operation, and service of sewer, water, gas, power, and other utility lines, for driveways, approaches to and from abutting highways, for the use and benefit of the above described parcel of real estate. -1- 2. TERM. The term of this lease shall commence on the day of 19 , and continue for a period of ( ) years from and after such commence- ment date. Circle Pines further grants to the City of Lino lakes the option to extend the term of this lease for an addition fifteen (15) years after the expiration of the original term. Such option term shall commence automatically without further notice unless six (6) months prior to the termination date of the initial term, Lino Lakes, in writing, indicates its intent not to exercise such option to Circle Pines. 3. RENT. Lino Lakes shall pay to Circle Pines as and for rent for the demised premises, in advance on the first day of each and every year during the term of this lease the sum of One and no/100 ($1.00) Dollar per year commencing on , 19 4. SPECIAL ASSESSMENTS. It is agreed by and between Circle Pines and Lino Lakes that each shall pay fifty (50%) percent of all taxes, assessments and impositions and costs of any kind, if any, including special assessments. 5. UTILITIES. Lino Lakes shall pay promptly as and when the same become due and payable, all rents, rates and charges for water, sewer, electricity, and gas used by Lino Lakes in connection with the use of the demised premises. 6. USE OF THE PREMISES. Lino Lakes agrees that the -2- premises shall be used only for park purposes. Lino Lakes shall not have the right to use the premises for any other purposes without the express written approval of the Circle Pines. 7. IMPROVEMENTS. Lino Lakes agrees that it will construct park improvements according to the plans and specifi- cations attached hereto and made a part hereof as Exhibit B. All improvements and construction on the demised premises shall be at the direction and expense of the Lino Lakes. Any addi- tional permanent improvements to the premises shall not be constructed without review and written approval by Circle Pines. 8. MAINTENANCE. Lino Lakes agrees to keep the premises continually in a neat, clean and respectable condition. Lino Lakes shall regularly remove all trash and garbage. Lino Lakes shall repair any damage to any park equipment, building or other improvements upon the premises caused by use by the public. 9. INDEMNITY. Circle Pines (including its partners, employees, agents and representatives) shall not be liable to Lino Lakes, or those claiming through or under Lino Lakes, for any injury, death or property damage occurring in, on or about the premises, and the Lino Lakes shall indemnify Circle Pines and hold it harmless from any claim or damage arising out of any injury, death or property occurring in, on or about the demised premises and Lino Lakes shall indemnify Circle Pines and hold it harmless from any claim or damage arising out of any injury, -3- death or property damage occurring in, on or about the leased premises to Lino Lakes or to an employee, customer or invitee of Lino Lakes. 10. ASSIGNMENT AND SUBLETTING. Lino Lakes shall not assign, transfer, mortgage or encumber this lease or sublet or rent or permit occupancy or use of the demised premises, or any part thereof by any third party, without obtaining the prior written consent of Circle Pines. 11. DEFAULT. If Lino Lakes shall fail to pay any yearly installment of rent, or other charges as herein provided although no legal or formal demand has been made therefor, or shall violate or fail to perform any of the other conditions, covenants or agreements herein made by Lino Lakes, Circle Pines may, thirty (30) days after written notice thereof to Lino Lakes by Circle Pines, at the option of Circle Pines, terminate this lease and said notice shall operate as a notice to Lino Lakes to quit (any further notice to quit, or of Circle Pines's intention to re-enter being hereby expressly waived) and Circle Pines may proceed to recover possession under and by virtue of the provi- sions of the laws of the state. If Circle Pines elects to terminate this lease, all obligations herein contained on the part of Circle Pines to be done and performed shall cease, but without prejudice to the right of Circle Pines to recover from Lino Lakes all past or future rentals and damages. Should this lease be terminated before the expiration of the term of this -4- lease by reason of Lino Lakes's default as hereinabove provided, or if Lino Lakes shall abandon or vacate the demised premises before the expiration or termination of the term of this lease, Circle Pines may accelerate Lino Lakes ' s entire rental obligation hereunder, including rent, and upon notice thereof the entire rent and taxes due for the balance of the term hereof shall immediately become due and payable. The demised premises may be relet by Circle Pines for such rent and upon such terms as are not unreasonable under the circumstances and Lino Lakes shall be liable for all damages sustained by Circle Pines, including, without limitation, deficiency in rent, reasonable attorneys' fees, and expenses of placing the demised premises in first class rentable condition and expenses of renting same including, but not limited to, the payment of brokerage fees, Lino Lakes allowances or any other Lino Lakes inducement. The provisions contained in this paragraph shall be in addition to and shall not prevent the enforcement of any claim Circle Pines may have against Lino Lakes for anticipatory breach of the unexpired term of this lease. Any and all attorneys' fees and costs of collection incurred by Circle Pines in the enforcement of the terms or provisions of this lease shall be payable by Lino Lakes in the event of any default, and the amount of such costs shall be deemed additional rental and shall, upon notice by Circle Pines given at any time prior to and including the service of notice of any legal action, be immediately due -5- hereunder. In the event Circle Pines shall commence legal action, or any unlawful detainer proceeding or other summary proceeding for collection of rent due hereunder, said additional rent shall be deemed a past due obligation to pay rent in connection with said proceeding. Lino Lakes hereby waives any right of offset, counterclaim or any other claim in any such proceeding. Circle Pines shall have a right to commence one or more actions to enforce the terms of this section and the commencement and prosecution of one action shall not be deemed a waiver of an estoppel from commencing one or more actions from time to time in the future. All rights and remedies of Circle Pines under this lease shall be cumulative and shall not be exclusive of any other rights and remedies provided to Circle Pines under applicable law. 12. WAIVER. If, under the provisions hereof, Circle Pines shall institute proceedings and a compromise or settlement thereof shall be made, the same shall not constitute a waiver of any covenant herein contained nor of any of Circle Pines's rights hereunder. No waiver by Circle Pines of any breach of any covenant, condition or agreement herein contained shall operate as a waiver of such covenant, condition, or agreement itself, or of any subsequent breach thereof. No payment by Lino Lakes or receipt by Circle Pines of a lesser amount than the yearly installments of rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent nor -6- shall any endorsement or statement on any check or letter accompanying a check for payment of rent be deemed an accord and satisfaction, and Circle Pines may accept such check or payment without prejudice to Circle Pines's right to recover the balance of such rent or to pursue any other remedy provided in this lease. 13. HOLDING OVER. In the event Lino Lakes continues to occupy the premises after the last day of the term herein created, and Circle Pines elects to accept rent thereafter, a tenancy from year-to-year only shall be created. 14. CIRCLE PINES'S COVENANT OF TITLE AND QUIET ENJOYMENT. Circle Pines covenants and warrants that Circle Pines has full right and lawful authority to enter into the lease for the full term hereof and that Circle Pines is lawfully seized of the entire premises hereby demised and has good title thereto, free and clear of all tenancies and encumbrances, and that at all times when Lino Lakes is not in default under the terms and conditions of this lease, Lino Lakes's quiet and peaceable enjoyment of the demised premises shall not be disturbed or interfered with by anyone. 15. NOTICE. If at any time after the commencement of this lease, it shall become necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication shall be in writing, signed by the party serving same, deposited in -7- the Registered or Certified United States mail, Return Receipt Requested, postage prepaid, and shall be addressed to Circle Pines at its residence or the place designated for the payment of rent and to Lino Lakes at 1189 Main Street, Lino Lakes, Minnesota 55014. 16 . HEADINGS. Headings or title of the paragraphs and subparagraphs are inserted solely for the convenience of reference and shall not constitute a part of this lease, nor shall they affect its meaning, construction or effect. Words of any gender used in this lease shall be held to include any other gender and words in the singular number shall be held to include the plural when the sense requires. 17. BINDING ON SUCCESSORS AND ASSIGNS. It is further expressly agreed and understood that all covenants and agree- ments herein made shall extend to and be binding upon the heirs, devisees, executors, administrators, successors in interest, and assigns of Circle Pines, and of Lino Lakes, as permitted above. 18. APPLICABLE LAW. There are no understandings or agreements not incorporated in this lease. This is a Minnesota contract and shall be construed according to the laws of Minnesota. The captions in this lease are for convenience only and are not a part of this lease. 19. SHORT FORM LEASE. The parties will at any time at the request of either promptly execute duplicate originals of an instrument in recordable form which will constitute a short form -8- lease setting forth the description of the premises, the terms of this lease and any other portions hereof, excepting the rental provisions, as either party may request. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. LANDLORD: CITY OF CIRCLE PINES By Its By Its TENANT: CITY OF LINO LAKES By ri Its By Its -9- STATE OF MINNESOTA) .1 ) ss. COUNTY OF ) On this day of 19 before me, a Notary Public within and for said County, personally appeared and to me known to be the and of the City of Circle Pines, a municipal corporation under the laws of the State of Minnesota, and that they executed the foregoing instru- ment and acknowledged that they executed the same on behalf of said municipal corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF ) On this day of , 19 , before me, a Notary Public within and for said County, personally appeared and to me known to be the and of the City of Lino Lakes, a municipal corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they executed the same on behalf of said municipal corporation. Notary Public This instrument was drafted by: Burke and Hawkins 299 Coon Rapids Blvd. , #101 Coon Rapids, MN 55433 -10- EXHIBIT A Legal Description of Demised Premises i � EXHIBIT � Legal Description of Demised premises TLE vosl72 OVO99O 90112 , E E B A L Z B N O T E V I E W KEYp00224091 VR,91 FEE OQNER:CIRCLE PINES CITY OF ACCT.E30 3I 22 23 0001 2EQ LEGAL DESCRIPTION SEQ LEGAL SE.ERIPTION / SweEATTED CITY of CIRCLE \ PINES T8 FT nw - , - OE NWI/4 4 SE. Jo-31-22 <Ex RT eLATTEs � z 3 C:R�dsw � PINES P 2 E 6 \\\> <SUBJ IO EASE OF �^ 7 RECORQ12 > @ 14 16 17 18 I9 20 23 24 25 26 »® 28 »» 30 CONTINUENX) - ruNC: 'DATA- SUS: YEAR: 9� MESSAGE, g � EXHIBIT B Plans and Specifications C I T Y O F LINO LiM, IES July 23 , 1990 Mr. David R. Phipps Superintendent of Parks 200 Civic Heights Circle Circle Pines, MN 55014 Dear. Dave; This letter is in regards to the questions that were generated at your June 4th Park Board meeting, concerning the cooperative park development issue of Baldwin/Rice Lake Estates . The City of Lino Lakes would use their own Park Dedication monies from Rice Lake Estates to develop the amenities of this area exclusive of the trail in the Circle Pines side of the loop. We will develop everything (within our budgetary constraints) that the neighborhood would identify as a need. Again, hopefully these amenities can complement the facilities in Baldwin Park. Some of the concepts that have been talked about are tennis courts , playground equipment and the trail loop with the exercise equipment . Possibly the trail would need to be implemented at a later date when joint dollars could fund it. I would envision some of the basics again in playground equipment (swings , slides) with an "adventure" type play structure that would complement Baldwin design. Parking would be facilitated, on the Lino Lakes side, at our well house site. We do not anticipate a great deal of parking need since this park mainly is to be used by this isolated neighborhood. Circle Pines residents would park in the Baldwin Parking lot . The exact routing of the trail could be worked out prior to the time of trail installation. I would envision the trail falling lower on the contours where the tennis court and play apparatus were identified (and the tennis court and play apparatus higher on the contours) on the concept plan. Also the trail probably would need to be routed to the east side of the hockey rink at Baldwin Park. This is speculation and we would need to verify the exact location before we proceed very much further. Adding on the back of the tennis courts, a basketball court is a possibility, however, we too have a limited budget and must determine what is a possibility based on neighborhood input and allowed budget. 1189 MAIN 8TREET, LINO LAKES.MINNE50TA 55014 612-464-5562 Page 2 The City of Lino Lakes would ask for a reasonable, renewable lease agreement to be drawn up by our City Attorney. I would say that reasonable would be perhaps the life expectancy of a tennis court , or 30 years . Under this lease agreement the City of Lino Lakes would be responsible for the maintenance development and administration of this park area. Upkeep would be in accordance with our bi-monthly playground inspections and all equipment would fall under ANSI standards . I hope that this answers the questions that were addressed in your letter. We look forward to this cooperative venture. Please call me for a time that we may do a field survey for trail locations. Thank you. Sincerely, Marty A leson Superintendent of Parks , Recreation and forestry City of Lino Lakes MA/jal ram. May 31 , 1990 Mr. Jim Keinath City Administrator- city of Pines 200 Civic Heights Circle Circle Pines , MN 5501J, Dear Jim. Please find enclosed a preliminary concept plan for the possible joint parks use at Baldwin Park/Rme Lake Estates development that we informally Lalhed abnut on the Ath of' May . We have a need to provide recreation facilities for this basically isolated neighborhood- Since these people are using Baldwin Park, we thought that it might be appropriate to share the commitment to park facility development in this area. This enclosed concept plan was generated and sent to you because it falls on the City of Circle Pines land . As You can see it lies directly to the west of our well house , where we could provide parking needs on our side . The thought is to install a tennis court and playground equipment that would complement equipment in Baldwin Park . The trail around the pond was drawn in and might accommodate exercise equipment , and be a nice place to just walk . The City of Lino Lakes generally installs an 8 ' wide bituminous path over class W5 . Wood chips might also work here . Our proposal was to lease this area of park from you twest or' the well house) and develop and maintain the facilities . The trail cost would be shared. 1 believe this idea of joint use would benefit and enhance both city parks and recreation departments . Thank you for your consideration . Sincerely, Marty Asieson Superintendent of Park. , Recreation and Forestry City of Lino Lakes MA/jal V � , 30 If j :• - 0 i .WJ-------L__. io?fCA(/JJZ/a/°fi c .../a t,Y .... ��/ ._. ,�.� �D. � Ire•, � .-_ _/6'Sc , °{f`,� f +'.i;i�•.r' 'C !'• i„ j , .�,COR ECTE P AT , F LOCKS I 5B 0 d93jo L� 1 ��6 +INCLUSIVE, BLOk•K 17, 1 Iv I U' '•l (r)- v'� / ('17 ) t t !I CIRC E,, I E i4) �� 061) = _ (1)( PART, I ST a1' Sy a) VV d'pt 01) rrt �..1' v P- id''.r /fir'./' r 11, �� I,� /• ' / _i.._ r^ } i ;y `/� rjl� \\ �,\\n,p^Q t t t~ ;,. \`��• / 1„L/ r .r� .1 �, 1 ,[r'1^ J � // �t \(1+•I0 .r O —`1. Iy+-' ,° R r j Nez[ S(N) it op Z _r.... W.,U� rfa0 . /-.. —. /I'?.7•- �` ` � (.Y) N 1 \\ As t. f ),r > (d J �. ,r°.f L•'--1�a (,/) D 'pt'� 1 �G:i\\ °^ �:; I __:s_.e.rli/ a ?;4 r /�I'i D°(�)U* .c- PARK �; (/J dj` �J�T 1� 19 7= .° /? '�: 9 (iU ° ,.p.' 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ORNER 77 30 qu.._ rS i /D�T d c Y.n 1 ra 'PARK Z L 2 •T•!'r.Y x"r !tee rn/ r�t�.�.d�.�%J I RICE HAKE ESTATES Ly 1?1'oci? .Uce .,Esbtes SOLD ; , TO Be 1, N? ` r' 3 1 �� O `r 3 < PARK 1 o Q �o < 2 o y s , a p 2 i ? 3 3 36 12 90 S 11 ` 15 10 A 10 �I 37 77 C HOLD /'� T �TF Oo 30 e 7 W 5 6 = 29 19 < 9 HOLD 6. 9 PARK 2 s 40 2& 3 t0 r 73 7 20 8 s s� w 27 27- 2 11 n SOLDr = .$ HOLD 6 Js*.'. 5. 7 D] 26 25 24 23 22 1 15 13 12 '< 2 3 < EGRET LANE Howl solo solo 3 2 1 1 2 _ 3 A s 6 7 8 9 10 n t 2 �. a 5 .6 5 �' 6 PLANNED UNIT DEVELOPMENT AGREEMENT This Planned Unit Development Agreement entered into this loth day of August 1988 by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota, hereinafter called "City" , and Rice Lakes Estates, a limited partnership , hereinafter called "Developer". WITNESSETH: WHEREAS, the Developer is the owner of certain lots within the plat of Rice Lake Estates within the corporate limits of the City known as Lino Lakes; and WHEREAS, Developer has requested the rezoning of all of the land within Rice Lake Estates from its present R-7 zoning classification to R-5 and the granting of a conditional use permit for a Planned Unit Development of the lots that it owns therein. NOW, THEREFORE, in consideration of the mutual promises made herein, it is agreed by and between the parties hereto as follows: 1. Rezoning. The City of Lino Lakes agrees that it will rezone the property legally described as Rice Lake Estates according to the map or plat thereof on file and of record in the office of the County Recorder, Anoka County, Minnesota from R-7 zoning classification under its present zoning ordinance to an R-5 zoning classification. That furthermore the City shall grant a conditional use permit for the establishment of a Planned Unit Development upon such property. Such rezoning and -1- conditional use permit shall be contingent and conditional upon Developer satisfying all of the requirements within this con- tract, the failure of any one of which shall entitle the City to revoke such rezoning and conditional use permit. Developer agrees to the following: (a) All lots within the plat of Rice Lake Estates shall be used solely for single family dwellings . ( b) All single family dwellings constructed in the future shall meet the City' s current R-lX stan- dards. The quality of the homes to be built on said lots shall be of like or similar quality to existing homes within the development . Such determination shall be in the sole discretion of the City. (c) Each residential dwelling unit shall have an attached ,two car garage thereto with a minimum floor area of five hundred twenty-eight ( 528 ) square feet of garage space. (d) All dwelling unit roof- lines shall have .a minimum of 6:12 pitch. (e) All residential driveways shall be paved with either a bituminous or concrete surface. (f) All front and side yards shall be sodded. There shall be planted on each lot one 1-1/2 inch shade tree. The type of shade tree shall be approved by the City. (g) All lots within the development which do not have homes constructed shall be cleared of vegetation and seeded. All stumps, refuge and garbage shall be removed from said vacant lots. (h) Manufactured housing meeting the R-7 zoning stan- dards in the Lino Lakes City Zoning Ordinance shall be permitted provided they meet any other requirements set out in this agreement. 2. Furthermore, Developer agrees to convey to the City free and clear of all liens and encumbrances, Lot Two, Block One, Rice Lake Estates, Anoka County, Minnesota. Developer shall provide to the City an abstract of title, at Developer' s -2- expense, indicating title to said lot is marketable. 3. That the owners of Outlot A , Rice Lake Estates shall pay all sewer and water area and connection charges at the time a building permit is issued for construction thereon. 4. No building permit shall be permitted on any of the lots of Rice Lake Estates until such time as all outstanding and delinquent taxes and assessments are paid in full on all undeveloped lots therein. 5. Lot One and Lot Two of Block Two, Rice Lake Estates shall be conveyed to the City for park purposes. Developer agrees to provide to the City at Developer ' s expense an abstract indicating Developer has good and marketable title to such lots. In addition Developer shall pay to the City the sum of Forty Thousand and no/100 ($40 ,000. 00 ) Dollars for the use by the City in development of park improvements on said lots and adjacent park property within Rice Lake Estates. 6. All lots in Block One and Two, Rice Lake Estates shall require a geotechnical engineer 's design for footings prior to the issuance of any building permits thereon. 7. Developer agrees to pay all legal, engineering, administrative expenses incurred in regard to the rezoning of such property, the granting of the conditional use permit and any other related matters thereto. Developer shall deposit with the City an escrow of Two Thousand Five Hundred and no/100 ($2,500. 00) Dollars to be used in payment of such expenses. In the event that any funds remain after the payment of said expenses, such amount shall be returned to Developer, without -3- interest. Any expenses in excess of said amount shall be paid by Developer to the City within thirty (30 ) days after billing . 8. Developer shall provide the City with a letter from the Rice Creek Watershed District which states that all condi- tions of the Rice Creek Watershed Permit have been satisfacto- rily completed. 9. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall- be binding upon all future owners of all or any part of the sub- division and shall be deemed covenants running with the land. The City shall be entitled to record a copy of this Planned Unit Development Agreement against any and all lots within the plat of Rice Lake Estates. IN WITNESS WHEREOF , the City and Developer have caused this agreement to be executed on the day and the year first above written. CITY OF LINO LAKES ATTEST: By Clerk (CITY SEAL) DEVELOPER RICE LAKE ESTATES, A LIMITED PARTNERSHIP BY. eneragliir it�nie By General Partner -4- STATE OF MINNESOTA) ) SS. COUNTY OF On this ;O� day of 1988, before me , a Notary Public within and for said County, personally appeared Benjamin Benson and Marilyn Anderson, to me known to be respec- tively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said City. NoVrvPublic RANDALL B. SCHUMACHER NOTARY PUBLIC•UINNESOTA STATE OF MINNESOTA) 3WASHINGTON COUNTY S S. bty Common EXPIMS July 28.1988 COUNTY OF On this L� day of keg 4,es 1988, before me , a Notary Public within and for said County, personally appeared /�- /, �ear�ca n/ and to me known to be the general partner(s) of Rice Lake Estates, a limited partnership organized and existing under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they executed the same on behalf of said partnership. Notary Public x NW�v�n/.MM Y This instrument was drafted by: GERALD W. IWEN ,,..{ NOTARY PUBLIC -MINNESOTA Burke and Hawkins HENNEPIN COUNTY 299 Coon Rapids Blvd. , #101 My Commission Expires Feb.28,1989 Coon Rapids, MN 55433 -5-