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Home My WebLink About1990.12.17 RESO 1990-0043.4 RESOLUTION 1990-43 RESOLUTION AUTHORIZING SETTLEMENT OF WHITE BEAR ROD AND GUN CLUB LAW SUIT AND DISBURSEMENT OF FUNDS FOR PURCHASE OF PARK LAND. WHEREAS, the White Bear Rod and Sun Club. Inc. (the "Club") has sued the City of Hugo ("Hugo") in Washington County District Court., Case No. C5-87-002717, seeking review of the action of Hugo denying amendment of Special Use Permit dated May 6, 1974, and seeking money damages from Hugo and Hugo has Counter claimed seeking money damages from the Club; and WHEREAS, Hugo had initiated a Condemnation action against the Club in Washington County District County, Case No. CO -90-2683, seeking to acquire fee simple title to the Club's real property (the "property") situated in Washingotn county for public purposes legally described therein; and WHEREAS, Hugo has arranged for certain funding through the Washington County Housing and Redevelopment Authority ("HRA") for use in the acquisiton of park land, the availability of such funding being contingent upon Hugo providing the HRA with a deed to the property to be held as security to secure repayment of bonds issued by HRA to secure the funding; and WHEREAS, Hugo and the Club have agreed upon a basis for a settlement of all claims between them; NOW THEREFORE BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGOv WASHINGTON COUNTY, MINNESOTA AS FOLLOWS: 1. The Mayor and City Clerk are hereby authorized to sign a Purchase Agreement on behalf of Hugo in a form approved by the City Attorney, for the property described in Case No. CO -90-2683, actual legal to governs authorizing payment of the sum of $290,000.00 to the Club provided that the Purchase Agreement, include conditions that, a. The Club agrees to provide a title opinion to Hugo establishing clear and marketable title in the Club property prior to closing; and b. The Club agrees to provide and deliver a recordable Warranty Deed conveying fee simple marketable title in the property to Hugo; and C. The Club agrees to closing requirements that may be established by HRA, a closing in escrow and/or simultaneous closing with HRA; anal d. The Club agrees that it will accept the sum of $290:,000.00 as full, complete, and final payment for the property and all other claims it has made or could make against Hugo in Case No. C5-87- 002717 and/or Case No. C0 -90-2683s and further agrees to dismiss Case No. C5-87-002717 with prejudice and to join Hugo in dismissal of Case No. CO -90-2683; and e. Such other terms and conditions including, but not limited to closing provisions, as may be required to effect the acquisition of the property. -2- 2. The Mayor and Administrator are authorized to establish closing requirements that satisfy the requirements of Hugo, HRA, and the Club. 3. The Mayor and Administrator are authorized to arrange and make or concur in the making of disbursements of said $290,000.00 to the Club upon satisfactory completion of all conditions agreed to in said Purchase Agreement. 4. The Mayor and City Clerk are authorized to sign a deed in a form required by HRA conveying title in the property to HRA and to deliver or cause such deed to be delivered to HRA. 5. The City Attorney is authorized to sign a dismissal with prejudice of all claims made by Hugo in Case No. C5-87-002717*lor to sign a joint dismissal with prejudice and to file such dismissal with the Court upon (i) issuance of a Release by the Club to Hugo releasing all claims made or that could be made by the Club in such case or otherwise, (ii) dismissal with prejudice by the Club of claims made by the Club against Hugo therein, and (iii) closing of the Purchase Agreement specified herein. 6. The City Attorney is authorized to take all necessary actions to secure dismissal with prejudice of Case No. CO -90-2683 upon closing as specified in the Purchase Agreement specified herein. 7. Upon completion of the closing as specified in the Purchase Agreement and dismissal of Case No. CO -90-26e3 and Case No. C5-87-02717, as herein providedv the Mayor and Administrator are authorized to negotiate and sign a lease on behalf of Hugo, in a form of approval by the City Attorneys leasing the property at no charge to the Club for a term to expire no later than May Iv 1991, allowing the Club to complete its events and obligations, subject to conditions and obligations usually imposed by leases of commercial property. B. Upon closing as specified in the Purchase Agreement specified herein, or termination of the Lease specified herein, whichever is later, Special Use Permit dated May 6. 1974 shall terminate. Upon roll call, the following Councilmembers voting AYE: Jesinski, McAllister, Olson, Vailv Atkinson Voting NAY: NONE Whereupon said resolution was declared passed and adopted this 17th day of December,, 1990. ki -sion, Mayor ATTEST: Mar 1 - • PRINTER'S AFFIDAVIT OF PUBLICATION GWAN ra that. a.TheCMAs*wp toprovidea—apk— a Httgo estebMs no dear and ttwketsbie title in da Club propirty pdw to do*o; aid k The Club &prow to provka and d90wr a nootdabla Warranty Dead cwwo iriEin dmple mnlo wW liva in tho. prop&V tp Rup; and e*TheCMA►agates *dosing r&**0nams dw ntsy be eewAWtad by HRA, a�oslnp in "am and/or SIMUNNtaous dosing whh Ni;A; d.ThaCk6gar9ndW twiraooaptMwsun di200,00000asfuM.a»nP"WX0%ndilntltpsymorit Mx da p *WVand s1oderddW khes madear wN mans ap kw Woo In .Casa No. C"T- 002717 wA* Cw No. C498+2ft and hridw agteea to .. Cake No..4"7400E717 with oniudloo . bWHugoindstltissalorCawNo.' e. Such other tsthte.and.00rtdidotts kwkxd tag,butrtotlMtdlsdb =v*=be. p. Y RseliMsyora�ro .. 6. The L%w and A**fttr * era aUVW rbadbarr�analmttltrbrdonctar�t1tltentalOng of doummards chold OW006 CObdteC ub upon pakfaaory ow*6don d W. mndidons agreed 10 in add pysoltaw:llgreetttent 4. The MAsyer and Clgt.<2s kp* audio- razed in sign a deed ih a form nqulnd by HRA oorrayktg tide in die . to. HRA end to doe - w or arae wah deal w midsMyend o HM. b. The city Altomey is OWN to sign a dsmMo wMh df x11 dWM made by >Tupo w -GN No. 40tlS717.or.4siM!►ai dMtmMaat sop srtdJoJlls soon dsntiMal whit pia OVA upon (i) Mtsusttoa of a Rslean by ft -o" 1o+lupo nlenMtg aIt daMta mllda Otto eodd be blade by tw CMAs irl st+d`+nlr or adt- AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ► County of Ramsey ► as Eugene D. Johnson, being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as The White Bear Press, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements con- stituting qualification as a qualified newspaper, as provided by Min- nesota Statute 331A.02, 331A.07, and other applicable laws, as amend- ed. (B) The printed CITY OF HUGO Resolution 1990-43 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for One successive weeks; it was first published on Wednesday the 9 day of January , 19-11, and was thereafter printed and published on every to and including the day Of 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publica- tion of the notice: abodefghijklmnopgrstuvwxyz BY: Z'2; TITLE: Publisher Subscribed and sworn to before me on this 9 day of January 1991 DARLENE J. MICKO NOTARY PUBW - MINNESOTA MY awmwmw Won 740 Notary Public, Ramsey County, Minn. My Commission expires July 8 19-96— RATE 9 96 - RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space. (2) Maximum rate allowed by law for the above matter. (3) Rate actually charged for the above matter. $ 15.50 (Line, word, or inch rate) $ 5.67 (Line, word, or inch rate) $ 5.67 (Line, word, or inch rate)