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Home My WebLink AboutRES 89-019 RESOLUTION AUTHORIZING THE MAYOR AND ACTING CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE MINNEAPOLIS PARK AND RECREATION BOARD Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102298 Box: 23 Folder: RES 1989 Document: RES 89-019 RESOLUTION AUTHORIZING THE MAYOR AND ACTING CIN MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE MINNEAPOLIS PARK AND RECREATION BOARD • RESOLUTION 89-019 A RESOLUTION AUTHORIZING THE MAYOR AND ACTING CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE MINNEAPOLIS PARK AND RECREATION BOARD WHEREAS, the City of St. Anthony adopted a special assessment against_ the Minneapolis Park and Recreation Board on property within St. Anthony, and owned by -the Park Board; and WHEREAS, said assessment arose from the reconstruction of St. Anthony Boulevard between the Burlington Northern ' Railroad Bridge and the south city limit line; and WHEREAS, the Park Board has appealed said assessment; and WHEREAS, the City of St. Anthony and the Minneapolis Park and Recreation Board have nevertheless agreed to enter into the settlement agreement attached hereto. • NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby authorizes the Mayor and Acting City Manager to execute the Settlement Agreement between the City and the Minneapolis Park and Recreation Board on behalf of the City. Adopted this a�� day of :TAA n&. , 1989. M yor ATTEST: C , •City Clerk Reviewed for administration: Acting City Manager 1 STATE OF MINNESOTA ) COUNTY OF HENNEPIN.._._)SS. CITY OF MINNEAPOLIS ) I., Harvey Feldman, Secretary, of the Park and Recreation Board of, the City of Minneapolis, in the County of Hennepin and the State of Minnesota, do hereby certify that T have -examined the attached Board Action No. 2.4, adopted at the meeting of the Minneapolis Park and Recreation Board held on the 5th day of July 1989, and ,have 'carefully compared the-same with the original thereof now on file in this office; and that saidattached copy is a true and correct copy of said original and of the whole thereof.. IN 'WITNESS WHEREOF, I have • hereunto set my hand and Affixed the corporate 'seal of said Minneapolis Park and Recreation Board this the 2nd day of August, 198,9., �...✓ ecretary r • MINNEAPOLIS PARK AND RECREATION BOARD • AN ACTION, RESOLUTION OR ORDINANCE In accordance with Chapter 3, Section 1, of the City Charter, there is herewith submitted to you, the Mayor of the City of Minneapolis, an action, resolution or ordinance adopted by the Minneapolis Park and Recreation Board which you may approve by affixing your signature hereinbelow or if you disapprove of same to return to the Board, with your objection thereto, by depositing the same with the Secretary of the Board to be presented to the Board at their next meeting where the question of its passage will be put again before the Board. 2.4 THAT THE BOARD APPROVE A SETTLEMENT AGREEMENT WITH THE CITY OF ST. ANTHONY REGARDING SPECIAL ASSESSMENTS FOR ST. ANTHONY BOULEVARD. • PASSED July 5, 1989 Secret a Board • APPROVED JUL 1 1 1088 Mayor CASE TYPE: OTHER CIVIL • STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT ---------------------------------- The City of Minneapolis , acting by and through the Minneapolis File No. AP 89662 Park & Recreation Board, Appellant , SETTLEMENT AGREEMENT V. City of St . Anthony, Minnesota, Respondent . ---------------------------------- This Agreement is made and entered into this of May, • 1989 , by and between the City of Minneapolis, acting by and through the Minneapolis Park and Recreation Board ("Park Board" ) and the City of St . ,Anthony, Minnesota, a Minnesota municipal corporation, ( "St . Anthony" ) . WHEREAS, the Park Board owns certain real property within the city limits of the City of St . Anthony; and WHEREAS, St . Anthony adopted a special assessment against said Park Board property on or about December 13 , 1988, arising from the reconstruction of St . Anthony Boulevard between the Burlington Northern Railroad Bridge and the south city limit line (the "Project") which assessment resulted in a special • assessment against the Park Board property at issue in the City of St . Anthony in the amount of $56 ,494 . 50; and, WHEREAS, the Park Board has appealed said assessment claiming, among other things , that it is illegal ; and WHEREAS, the parties, while continuing to disagree as to the legality of the assessment, have nevertheless agreed to enter into this settlement agreement to reduce further expense and inconvenience, and to resolve the appeal on this special •assessment, only; NOW, THEREFORE, in consideration of the mutual promises and • covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, IT IS AGREED AS FOLLOWS: 1 . In full and complete settlement of this special assessment appeal St . Anthony hereby reduces the assessment of $56,494 . 50 levied against the Park Board Property in St . Anthony by 50% to the sum of $28, 247 . 25 . This assessment of $28, 247.25 shall be assessed against the Park Board Property in the ordinary course and in the same manner in which St . Anthony assessed other affected real property owners for. the cost of the • Project . -2- 2 . This appeal shall be and hereby is dismissed with prejudice and without cost to any party. 3 . Nothing contained in this Agreement may be used or construed as an admission of liability by either party, shall have no affect on the existence., liability, or enforceability of any other agreements between the parties, and this Agreement shall not be offered or received in evidence in any action or proceeding in any court or other tribunal as an admission or concession of liability or wrongdoing of any nature on the part of any party. In particular, and without limiting the generality of the foregoing, the parties hereto agree that .the contract between the- parties dated December 17, 1965 , and the issue of its validity and enforceability or lack of validity and • enforceability, as to each, every, and all of its provisions shall not be in any way affected or impacted by this Agreement . The parties agree to continue to disagree as to the unenforceability, validity and affect of said Agreement and each of its provisions, said Agreement being attached to the Park Board' s Notice of Appeal to District Court dated January 5, 1989 as Exhibit A. 4 . This Agreement constitutes the complete Agreement between the parties and may not be altered, amended, or modified except in writing signed by the parties, it being the mutual intent of the parties that this Settlement Agreement shall • -3- constitute a legally binding settlement and accord in satisfaction. 5 . This Agreement shall be binding and inure to the benefit of the parties hereto and their respective affiliates, predecessors , successors, councilpersons, agents, heirs and assigns . IN WITNESS WHEREOF, the parties hereto have executed this Settlement Agreement on the day and year first above written. THE CITY .OF MINNEAPOLIS, acting by and through THE MINNEAPOLIS PARK & RECREATION BOARD • BIt By y /00�E -&Fffigq X-- 9 14 Its S retary s President CITY O ANTHONY By �' /4a �Ul/ Its a o By is Acting City Manage 5253IL -4-