HomeMy WebLinkAbout03-26-07 Item7H, Resolutino 07-39 Wildlife Corridor Transfer
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~HlLLS
Request for Council Action
Prepared By:
Oept.:
Council Mtg. Date:
Final Action Needed By:
Karen Barton
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Agenda Item:
Resolution 07-39 Supporting the Transfer of the Wildlife Corridor and Proposed
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Community Development
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iRESOLUTION SUPPORTING THE TRANSFER OF THE WiLDiiiiE-COIUUDORAND PROPOSEDATHLETICi
IFIELDS FOR PUBLIC PURPOSE
to approve RESOLUTION 07-39 SUPPORTING THE TRANSFER OF THE WILDLIFE CORRIDOR AND
ATHLETIC FIELDS FOR PUBLIC PURPOSE
X 03/21/07
No.:
"u"," 'co No.:
II II I!:! Recommendation:
Recommendation:
X IOther: Resolution 07~39
This Resolution satisfies a requiremen-ftifthe--3ill"'AiTi'eiidm-enfto-the"-'Offer"'To"''-Lirchase-:-n"
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EN HILLS
MEMORANDUM
DATE:
March 21, 2007
Agenda Item '7. H
TO:
Mayor and City Council
Michelle Wolfe, City Administrator $0
Karen Barton, Community Development Director
FROM:
SUBJECT:
Resolution 07-39 Supporting the Transfer of the Wildlife Corridor and Proposed
Athletic fields
The City submitted an Offer to Purchase (OTP) 585 acres of excess land on the former Twin
Cities Army Ammunition Plant property in August of 2006. Paragraph 31 of the OTP states that
in accordance with the Framework Vision, the Wildlife Corridor and Athletic Fields have been
rendered economically unviable for development and that the Government and Purchaser have
recognized this in the valuation ofthe Property as a whole. It goes on to state that "the Purchaser
or its assignee will transfer these parcels for use as public parks, recreation, and open space in
perpetuity." (OTP attached as Exhibit A)
Additionally, when the Third Amendment to the OTP (Exhibit B) was drafted, the General
Services Administration (GSA) stipulated that by March 30, 2007 the Purchaser and the
Government must reach agreement on the proposed terms and process necessary to ensure that
the Purchaser or its assignee will (a) transfer the Wildlife Corridor and the Athletic Field for use
for public purposes, including but not limited to public parks, recreation and open space in
perpetuity (the "Public Use") and (b) remediate the Wildlife Corridor and the Athletic field as
required in the Remedial Action Plan approved by the MPCA in accordance with the Response
Action Agreement for Public Use of such property.
City oj Arden Hills
City Council Work Session
March 21, 2007
\\Metro-ineLus\ardenhills\PlanninglCommunity DevelopmentlCounci! Agenda ItemslReso/ulion 07-39 Supporting the Wildlift Corridor Memo to
Council032107.doc
Page I of2
The attached Resolution, 07-39, Supporting the Transfer of the Wildlife Corridor and Proposed
Athletic Fields for Public Purpose (Exhibit C) has been drafted to satisfy this requirement.
At our meeting with the GSA and Army on March 14,2007, the GSA and Army stated that a
Resolution by the City supporting the transfer would be sufficient to satisfy the requirement in
the Third Amendment to the OTP.
Attorney Mike Comodeca has reviewed the Resolution and has approved it.
Staff Recommendation
Staff is recommending Council adopt Resolution 07-39 Supporting the Transfer of the Wildlife
Corridor and Proposed Athletic Fields for Public Purpose.
City of Arden Hills
City Council Work Session
February 20, 2007
\1Merro-inet.us\ardenhills\PlanningICommuni(v Del'etopment\Counci! Agenda ItemslResolution 07-39 Supporting the Wildlife Corridor Memo 10
Council 032 j07.doc
Page 2 of2
Council Meeting
Agenda Item7.H
March 26, 2007
Attachment A
OFFER TO PURCHASE
The undersigned, the City of Arden Hills, Minnesota, hereafter called the "Purchaser," hereby
offers to purchase from the UNITED STATES OF AMERICA, acting by and through the
General Services Administration, Property Disposal Division, Region One, 10 Causeway
Street, Room 925, Boston, Massachusetts 02222, hereafter called the "Government," on the
terms and subject to the conditions set forth, a parcel of real property, including improvements
thereon, known as a portion of the former Twin Cities Army Ammunition Plant (TCAAP),
more particularly described in Exhibit A (Legal Description) attached hereto and incorporated
herein (the "Property").
The purchase price for the property has been established at $45,000,000. (Forty Five Million
Dollars) for the purchase of the Property. An earnest money deposit ("Deposit") constituting
$1,500,000 (One Million Five Hundred Thousand Dollars) in the form of certified or cashier's
checks made payable to the U.S. General Services Administration shall be paid by the
Purchaser to the Government according to the following schedule: (1) $900,000 at the signing
of this Agreement (check to be held in trust by the Government and deposited upon final
Congressional approval of this Offer to Purchase); (2) $600,000 upon Purchaser's approval and
acceptance of the documents and information referenced in Section 5(b) herein. The Deposit
shall be applied to the purchase price, the balance of $43,500,000. (Forty Three Million Five
Hundred Thousand Dollars) which shall be payable as of the date of closing as set forth herein.
This Offer and the acceptance hereof, shall constitute an agreement ("Agreement") between the
Purchaser and the Government, effective as of the date of acceptance. Such agreement shall
constitute the whole contract to be succeeded only by subsequent agreements, to be determined
by the parties, the formal instruments of transfer, unless modified in writing and signed by both
parties. No oral statements or representations made by, or for, or on behalf of either party shall
be a part of such contract. Prior to closing, this Offer, or any interest herein, shall not be
transferred or assigned by the Purchaser without the consent ofthe Government, and any such
action, without such consent, shall be void.
Prior to November 1,2006 the Purchaser and the Government will reach agreement on the
allowable credits for remediation services in accordance with the TCAAP Response Action
Agreement (RAA).
1
TERMS AND CONDITIONS
1. DELIVERY OF INSTRUMENTS OF CONVEYANCE. Upon acceptance ofthe
Offer, the Goverrunent shall prepare and deliver to the Purchaser a draft of a deed without
warranty by which the Property shall be conveyed (the "Deed"). Upon favorable review of the
Deed by the Purchaser, the Purchaser shall execute the Deed and deliver it to the Government
for execution. The Purchaser shall tender final payment at closing.
2. CONTINUING OFFER. This Offer shall be deemed a firm and continuing offer from
the date of receipt until accepted or rejected by the Government; provided, however, that after
90 days have elapsed from the date of receipt, the Purchaser not having received notice of
acceptance may consider its Offer rejected, and ifthe Government desires to accept the Offer
after such 90 days, the consent of the Purchaser thereto shall be obtained.
3. NOTICE OF ACCEPTANCE OR REJECTION. Notice by the Government of
acceptance or rejection ofthe Offer shall be deemed to have been sufficiently given when
delivered or mailed to the Purchaser or its duly authorized representative at the address
indicated in the Offer.
4. RESOLUTION. There shall be attached to the Offer a copy of the Purchaser's duly
executed resolution authorizing the purchase of and funding for the purchase price of the
property resolution shall be duly certified under the City seal of the Purchaser to be a true copy.
S. RESCISSION. a. Purchaser may rescind its offer, and the Government will return to
Purchaser any earnest money paid up until the date of rescission, if the following documents
are not provided to the Purchaser by the Government within ninety (90) days of the signing of
this Offer to Purchase:
(I) draft final for public comment version of the Finding of Suitability to Early Transfer
("FOSET")
(2) draft final for public comment version ofthe Finding of Suitability to Transfer
("FOST")
(3) final survey of the Property;
(4) Independent Government Cost Estimate ("IGCE"), subject to Army concurrence.
(5) any Environmental Baseline Surveys ("EBS") or supplementary EBSs of the
Property not already disclosed;
(6) any umecorded conditions, covenants or restrictions on the Property;
(7) if determined to be necessary in Purchaser's sole discretion, access to the documents
in the TCAAP Information Repository and Administrative Record and any recent data that may
not be in the repository at this time.
b. Upon receipt of the last document listed in Paragraph 5(a)(I).(6) above, Purchaser shall
have sixty (60) days to review such documents to determine whether information contained in
2
. these documents demonstrates that it would materially affect the use and the value of the
Property as intended by the Purchaser. The purpose for which the Purchaser intends to use the
Property as illustrated in the City of Arden Hills' Framework Vision Plan.
c. Purchaser may rescind its offer, and the Government will return to Purchaser any earnest
money paid up until the date of rescission, if Purchaser determines, in its sole discretion, that
information contained in any of the documents listed in Paragraph 5(a)(1)-(6) or from any other
source demonstrates that it would materially affect the use and value of the Property as
intended by the Purchaser; or if Purchaser discovers environmental fmdings that deem the
project economically infeasible. The use and value of the Property is substantially similar to
that described in the Arden Hills Framework Vision Plan.
d. The Government may rescind its acceptance of the Offer if it is reasonably determined
by the Government that such action is justified for such causes as a military conflict, a national
emergency, or evidence of default, by the Purchaser. For the purpose of this Offer, default
shall include but not be limited to, misrepresentation or other wrongful conduct, assignment of
the Offer, violation of the covenant against contingencies fees, and inability to effectuate a
timely closing. Any rescission will be without liability on the part of the Government other
than to return the earnest money deposit without interest.
6. DEED WITHOUT WARRANTY. The Deed shall be in conformity with local law
and practice.
7. REVOCATION OF OFFER AND DEFAULT. Notwithstanding paragraph 5 herein,
in the event of revocation of the Offer prior to acceptance, or in the event of any default by the
Purchaser in the performance ofthe contract created by such acceptance not cured within sixty
(60) days, any deposit, together with any payments subsequently made on account, may be
forfeited at the option of the Government, in which event the Purchaser shall be relieved of
further liability.
8. INSPECTION. Failure ofthe Purchaser to inspect or to be fully informed as to the
condition of all or any portion of the Property shall not constitute grounds for any claim or
demand for adjustment or withdrawal of the Offer. The Purchaser shall be deemed to have
relied solely on its own judgment in assessing the overall condition of all or any portion ofthe
Property.
9. CONDITION OF PROPERTY. Except as otherwise provided herein, the Property is
offered "as is" and "where is" without representation, warranty, or guarantee as to quality,
quantity, character, condition, size, or kind, or that the same is in condition or fit to be used for
any purpose for which it is intended.
10. POSSESSION. Possession of the Property will be granted upon conveyance, unless a
written agreement is reached by the parties.
3
11. TITLE EVIDENCE. Any title evidence which may be desired by the Purchaser will
be procured at its sole cost and expense. The Government will, however, cooperate with the
Purchaser or its authorized agent in this connection by providing a copy of all documentation
in its possession pertaining to the title of the Property. It is understood that the Government
will not be obligated to pay for any expense incurred in connection with title matters or survey
of the Property.
12. LIABILITY. If this Offer is accepted and (a): the Government fails for any reason to
perform its obligations as set forth herein, or (b): title to the Property does not transfer and vest
in the Purchaser for reasons outside the Purchaser's control, the Government shall promptly
refund to the Purchaser all amounts paid by Purchaser, without interest, whereupon the
Government shall have no further liability to the Purchaser.
13. TAXES AND RECORDING. The Purchaser shall pay all taxes imposed on this
transaction and shall obtain at its own expense and affix to all instruments of conveyance and
security documents such revenue and documentary stamps as may be required by Federal and
local law. All instruments of conveyance shall be placed on record in the manner prescribed by
local recording statutes at the Purchaser's expense. A recorded copy of the Deed shall be
supplied by the Purchaser to the Government within ten days of conveyance.
14. COVENANT AGAINST CONTINGENT FEES. The Purchaser warrants that it has
not employed or retained any person or agency to solicit or secure this Offer upon any
agreement or understanding for a commission, percentage, brokerage, or contingent fee.
Breach of this warranty shall give the Government the right to terminate the Offer without
liability or in its discretion to recover from the Pnrchaser the amount of such commission,
percentage, brokerage or contingent fee in addition to the consideration herein set forth. This
warranty shall not apply to commission's payable by the Purchaser upon the contract secured
or made through bona fide established commercial agencies maintained by the Purchaser for
the purpose of doing business. "Bona fide established commercial agencies" has been
construed to include licensed real estate brokers engaged in the business generally.
15. ZONING. Verification of the present zoning and determination of permitted uses
hereunder, along with compliance of the Property for present or proposed future use, shall be
the responsibility of the Purchaser and the Government makes no representation in regard
thereto. The Government does not guarantee that any zoning information is necessarily
accurate or will remain unchanged. Any inaccuracies or changes in the zoning information
shall not be cause for adjustment or rescission of any contract resulting from the Government's
acceptance of the Offer.
16. NON-DISCRIMINATION. The Purchaser covenants for itself, its successors and
assigns and every successor in interest to the Property hereby conveyed, or any part thereof,
that the said Purchaser and such successors and assigns shall not discriminate upon the basis of
race, color, sex, religion, or national origin in the use, occupancy, sale, or lease of the Property,
or in their employment practices conducted thereon. This covenant shall not apply, however,
4
to the lease or rental of a room or rooms within a family dwelling unit; nor shall it apply with
respect to religion to premises used primarily for religious purposes. The United States of
America shall be deemed a beneficiary ofthis covenant without regard to whether it remains
the owner of any land or interest therein in the locality of the Property hereby conveyed and
shall have the sole right to enforce this covenant in any court of competent jurisdiction.
17. PROPERTY TO BE SOLD SUBJECT TO EASEMENTS. The Property will be
sold subject to any and all existing recorded reservations, easements, restrictions, and rights,
for private and public roads, highways, streets, pipelines, railroads, utilities, waterlines, sewer
mains and lines, drainage, power lines, rights-of-way and remediation controls imposed upon
the property.
18. EXCLUSIONS. Personal property associated with the ground water remediation and
monitoring shall be retained by the United States Army.
19. EXCESS PROFITS COVENANT FOR NEGOTIATED SALES TO PUBLIC
BODIES. This covenant shall run with the land for a period ofthree years from the date of
execution of the Deed. With respect to the Propertv. if at anv time within a 3-vear period from
the date of the transfer or title bv the Government. the Purchaser. or it successors or assilffis.
shall sell the Propertv. it is covenanted and agreed that all oroceeds received in excess of
Purchaser's or a suhseouent seller's actual allowable costs (as defined in 41 CFR 102-
75.895(b)) will be remitted to the Government
In order to verify compliance with the terms and conditions ofthis covenant, the Purchaser, or
its successors or assigns, shall submit an annual report for each of the subsequent three years to
the Government on the anniversary date ofthe Deed. Each report will identify: the property
involved in the transaction; the sale price of any property resold: the subsequent purchaser: and
the proposed land use. If no resale has been made, the report shall so state. The Government
may monitor the property involved and inspect records related thereto to ensure compliance
with the terms and conditions ofthis covenant and may take any actions which it deems
reasonable and prudent to recover any excess profits realized through the resale of the Property.
20. OBJECTS AFFECTING NA VIGABLE AIRSPACE. Pursuant to the requirements of
House Report Number 95-1053 entitled "FAA Determinations of 'No Hazard' For Structures
Near Airports", it has been determined that the property is located within six (6) nautical miles
of the Blaine-Anoka County Airport. No construction on or alternation of the Property or any
portion thereof shall be undertaken by the Purchaser, its heirs, successors or assigns unless and
until a written determination of no hazard to air navigation shall have been issued the FAA
pursuant to 14 CFR Part 77 "Objects Affecting Navigable Air Space" or under the authority of
the Federal Aviation Act of 1958, as amended. This restriction shall run with the Property.
21. SELLER'S RIGHT TO EXTEND CLOSING. The closing date will be thirty (30)
days after the signing ofthe CDR by both the Governor of the State of Minnesota and the EPA
Administrator, whichever event occurs later. Seller reserves the right to extend the closing
5
date for the purpose of executing any documents necessary for transfer of the Property,
including but not limited to any necessary environmental certifications
22. NOTICE OF THE POSSIBLE PRESENCE OF LEAD-BASED PAINT.
Pursuant to the Residential Lead-Based Paint Hazard Reduction Act of 1992, Public Law 102-
550 (Title X), the Government hereby acknowledges the required disclosure ofthe presence of
any known lead-based paint and/or lead based paint hazards in target housing constructed prior
to 1978 on the Property described in the Deed. The Property contains no improvements defined
by Title X as target housing. The Purchaser warrants all structures will be demolished and no
occupancy of any kind shall occur on the improvements now located on the Property. After the
date of conveyance, the Government shall assume no liability for damages for personal injury,
ilIness, disability or death to the purchaser, or to any other person, including members of the
general public, arising from or incident to, the purchase, transportation, removal, handling, use
disposition or other activity causing or leading to contact of any kind whatsoever with lead-
based paint on the Property, whether the Purchaser has properly warned or failed to properly
warn the individual(s) injured
23. ENVIRONMENTAL HAZARDOUS SUBSTANCE ACTIVITIES. Twin Cities
Army Ammunition Plant was used in the manufacturing of small caliber ammunition. The
Property is listed on the National Priorities List (NPL). A detailed disclosure of hazardous
substances stored, released, or disposed on the property will be included in the [mal Finding of
Suitability for Early Transfer (FOSET) and the Finding of Suitability for Transfer (FOST).
24. COVENANT DEFERRAL REQUEST. When a federal agency conveys real property
on which hazardous substances are known to have been released or disposed of or stored for
one year or more, the Deed must contain a covenant warranting that all remedial action
necessary to protect human health and the environment has been taken before the date of the
transfer, 42 U.S.C. 9620(h)(3)(A). However, for federal property that has been listed on the
National Priorities List (NPL), Section 120(h)(3)(C) ofthe Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended (CERCLA), 42 U.S.c.
9620(h)(3)(C), authorizes the Governor of the State where the real property is located and the
US Environmental Protection Agency (EP A) Administrator, to approve the deferral of the
CERCLA Covenant requirement, upon the satisfaction of certain enumerated statutory
conditions. TCAAP is listed on the NPL. In accordance with the Comprehensive
Environmental Response Compensation and Liability Act (CERCLA) S 120 (h)(3)(C), the
Department of the Army will present a Covenant Deferral Request, based upon the FOSET, to
the Governor of the State of Minnesota and the US Environmental Protection Agency (EP A)
Administrator, Region 5 in order to pursue deferral of the CERCLA covenant warranting that
all remedial action necessary to protect human health and the environment shall be
accomplished before the date of conveyance of the property.
This Offer is conditioned upon, and subject to, the receipt of the Governor of Minnesota and
EP A approval of the covenant deferral request. Ongoing environmental investigation and
remediation of hazardous substances and conditions on the subject property after conveyance
6
will be accomplished by the Department of the Army and transferee or any sub-transferee in
accordance with the MPCA and EP A guidance and regulations. The United States will issue
the covenant required by Section l20(h)(3)(A)(ii) of CERCLA when the response actions set
forth in the Response Action Agreement ("RAA") have been taken.
25. COVENANTS, CONDITIONS, AND RESTRICTIONS. In order to ensure
protection of human health and the environment and to preclude any interference with ongoing
or completed remediation activities at the Twin Cities Army Ammunition Plant, the property
will be conveyed subject to the Covenants, Conditions, and Restrictions (CCRs) all as more
fully set forth in the FOSET, the pending Covenant Deferral Request and the Response Action
Agreement.
26. CERCLA ACCESS. Government reserves a right of access to all portions of the
property for environmental investigation, remediation or other corrective action. This
reservation includes the right of access to and use of available utilities at reasonable cost to
Government. These rights shall be exercisable when a remedial action, response action or
corrective action is found to be necessary after the date of this conveyance, or in which access
is necessary to carry out a remedial action, response action, or corrective action on adjoining
property. Pursuant to this reservation, the United States of America, and its respective officers,
agents, employees, contractors and subcontractors shall have the right (upon reasonable
advance written notice to the record title owner) to enter upon the Property and conduct
investigations and surveys, to include drilling, test-pitting, borings, data and records
compilation and other activities related to environmental investigation, and to carry out
remedial or removal actions as required or necessary, including but not limited to the
installation and operation of monitoring wells, pnmping wells, and treatment facilities. Any
such entry, including such activities, responses or remedial actions, shall be coordinated with
the record title owner and shall be performed in a manner that minimizes interruption of
activities of authorized occupants, and shall not unreasonably interfere with the conduct of
business on the Property, and shall repair any damage to the Property, including improvements
thereon, resulting from such entry to the condition existing immediately before its entry
thereon.
27. RESPONSE ACTION ASSURANCES. In accordance with the CERCLA S 120
(h)(3)(C)(ii), the Deed of conveyance shall contain assurances, all as more fully set forth in the
FOST and the FOSET, the pending Covenant Deferral Request and Response Action
Agreement that:
(a) provide for any necessary restrictions on the use of the Property to ensure the protection
of human health and the environment;
(b) provide that there will be restrictions on use necessary to ensure that the required
remedial investigations, response action, and oversight activities will not be disrupted~
(c) provide that all necessary response action will be taken and identifY the schedules for
investigation and completion of all necessary response action as approved by the
appropriate regulatory agency;
7
(d) ensure purchaser has committed sufficient funds to accomplish the necessary response
actions with in the agreed to timeframe
(e) provide that the Federal agency responsible for the property subject to transfer
(Department of the Army) will submit a budget request to the Director of the Office of
Management and Budget that adequately addresses schedules for investigation and
completion of all retained response actions, subject to congressional authorizations and
appropriations. The Certificate of Completion for environmental remediation from the
State shall be the instrument for GSA to execute and deliver the new Deed with the
CERCLA warranty.
28. PAYMENT. The Goverrunent, the Purchaser or its assignee shall conduct environmental
remediation activities on the Property in order to redevelop the Property consistent with the
Framework Vision and to enhance the economic benefit of the region. The Goverrunent also
acknowledges that it is responsible for the remediation of the Property in accordance with
applicable laws and regulations. While the Army is ultimately responsible for ensuring that
any and all necessary response actions are taken at the Property for releases that are attributable
to the Army, it is anticipated that the Purchaser or its assignee will perform the majority, if not
all, of the response actions necessary pursuant to the RAA. The RAA shall be executed to
specify the remediation activities necessary to achieve regulatory closure. The cost of all
approved remediation activities undertaken by the Purchaser or its assignee shall be credited
against the purchase price upon acceptance of the work by the appropriate regulatory officials.
Due to the ongoing remediation, a Memorandum of Agreement may be made and entered into
by the Army and the Purchaser or its assignee and delivered at closing in order to set forth the
terms and conditions governing the interaction ofthe Army and the Purchaser or its assignee
relating to property management, environmental response actions, and other matters.
29. RIGHT TO CURE. In the event a party hereto fails to observe or perform any of its
obligations under this Offer, after having been provided written notice and failing to cure the
default within sixty (60) days, the other party will be entitled to exercise any and all of the
remedies for breach which are provided for herein.
30. PROPERTY DESCRIPTION. The Property consists of approximately 585 acres
containing several structures, utilities and specialized infrastructure. The Framework Vision
sets forth three distinct parcels: a 458-acre development parcel, a 49-acre wildlife corridor (the
"Wildlife Corridor") and a 78-acre athletic field (the "Athletic Field"). A boundary survey,
drawing number 19-05A was completed 8-17-05 and is attached as Exhibit A, which includes
the legal description of the Property.
31. WILDLIFE CORRIDOR AND ATHLETIC FIELD PARCELS. In accordance with
the Framework Vision, the Wildlife Corridor and Athletic Field have been rendered
economically unviable for development. The Government and Purchaser have recognized this
in the valuation of the Property as a whole. The Purchaser or its assignee will be required to
remediate the Wildlife Corridor and Athletic Field prior to the use of either parcel for public
purposes. The specific location of the Wildlife Corridor and Athletic Field will be determined
8
in the planning process for the entire Property; however, the allotted acreage shall not be less
than the description set forth in paragraph 29 herein. Upon satisfactory remediation of the
Wildlife Corridor and Athletic Field pursuant to the terms of the RAA, the Purchaser or its
assignee will transfer these parcels for use as public parks, recreation, and open space in
perpetuity. The transfer of the Wildlife Corridor shall be coordinated with the appropriate
officials in Ramsey County, and the transfer of the Athletic Field shall be coordinated with the
City of Arden Hills.
32. RETAINED LIABILITIES AND RESPONSIBILITIES. The Government retains
liabilitv after closing for remediation. including but not limited to. (I) nuclear. biological and
chemical contamination: (2) munitions and eXDlosives of concern. including unexDloded
ordnance ("UXO"): (3) groundwater remediation reauired under the Federal Facilities
Agreement ("FF A"): (4) anv other liabilitv reauired bv law to be retained bv the Government
33. EXPLANATORY STATEMENT. An explanatory statement shall be prepared and
transmitted to the appropriate Congressional Committees prior to the Government's acceptance
of this Offer. The explanatory statement will provide a comprehensive review of the
negotiations, the property and terms ofthe transaction in accordance with 40 USC 545(b )(8).
9
LS ,
"e~-.vdf-<-'
IN WITNESS WHEREOF,
this Offer to be executed and delivered to the United States Q
the General Services Administration this ~ day of
has caused
America 't~ting by and through
) 1 , 2006.
Michelle Wolfe, City Administrator
STATE OF MINNESOTA)
)SS
COUNTY OF ((.,._sc.~
On this I S..... day of A-~......~~ , d}oct,;. , before me a Notary Public
within and for said county, personally appeared Beverly Aplikowski and Michelle Wolfe, to
me known to be the Mayor and City Administrator, for the City of Arden Hills and they
executed the foregoing instrument and acknowledged that the instrument was executed by
authority of and on behalf of the City of Arden Hills.
ACKNOWLEDGEMENT
J~~~~I
State of Minnesota
County of Ramsey
In Jiilid Coun~and ~ate on this day of a_...~006 before me personally
(~. cd J>. ,_I(. ~
appeared ""~~c. -ICe.., duly empowered and authorized, known by me to be the
individual executing the foregoing instrument and by him duly executed, to be his free act and
Deed in his capacity as_ (Title) and who further acknowledged that the same is the free act
and Deed of The CITY OF ARDEN HILLS~ . a _
. ::[ N"'my~
1_~~ My commission expires: 113faoo~
10
ACCEPTED THIS
DAY OF
,2006.
UNITED STATES OF AMERICA
Acting by and through the
U.S. General Services Administration
BY:
ACKNOWLEDGEMENT
Commonwealth of Massachusetts
County of Suffolk
In Boston, in said County and State on this _ day of --------.2006 before me personally
appeared John E. Kelly, Director Property Disposal, General Services Administration, Boston,
Massachusetts, duly empowered and authorized, known by me to be the party executing the
foregoing instrument and by him duly executed to be his free act and Deed in his capacity as
Director Property Disposal, United States General Services Administration, Boston
Massachusetts.
Carol H. Chirico, Notary Public
My commission expires August 28, 2009
11
12
Exhibit A
LEGAL DESCRIPTION
Council Meeting
Agenda Item 7.H
March 26, 2007
Attachment B
FebrulllV 1.2 20D'.7
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Dear Mr.,:KeI!y:
Tliil>r~plliiels!~ }Colil' Ja .
thc,Offer, to..' PUrdl,,~gc
Fara,&'filph QoFtlleOnh'i~an1cM1;1i llsl<l:1I0\lrs:
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Council Meeting
Agenda Item 7.H
March 26, 2007
Attachment C
~
~HlLLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 07-39
A RESOLUTION SUPPORTING THE TRANSFER OF THE WILDLIFE
CORRIDOR AND PROPOSED ATHLETIC FIELDS FOR PUBLIC PURPOSE.
WHEREAS, in August 2006, the City of Arden Hills submitted an Offer to Purchase
585 acres of excess land on the former Twin Cities Army Ammunition Plant property from
the United States Government; and
WHEREAS, included in the 585 acres is a 49 acre Wildlife Corridor and
approximately 75 acres for proposed athletic fields; and
WHEREAS, the City of Arden Hills is committed to preserving environmentally
significant areas and to providing recreational opportunities and promoting healthy living
opportunities for its residents and visitors; and
WHEREAS, the City of Arden Hills has agreed to transfer the Wildlife Corridor to
Ramsey County for public purpose; and
WHEREAS, the City of Arden Hills has also agreed to transfer the proposed Athletic
Fields for public purpose; and
THEREFORE, BE IT RESOLVED: The City agrees, subject to the
conditions described hereinafter, that upon satisfactory remediation of the Wildlife Corridor
and proposed Athletic Fields pursuant to the terms of the Response Action Agreement, the
City or its assignee will transfer these parcels for use as public parks, recreation, and open
space in perpetuity. This agreement is subject to the following conditions: (1) the
City obtains title to the TCAAP property pursuant to the Offer to Purchase dated August 1,
2006, as amended as of the date of this resolution; (2) the City receives credit for the
aforementioned remediation as part of the Purchase Price Credit that is defmed in the
February 12, 2007 amendment to the Offer to Purchase; and (3) there exists a willing
transferee for the proposed Athletic Fields at the time the City obtains title to the property.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS
THIS DAY OF ,2007.
Stanley D. Harpstead, MAYOR
ATTEST:
Michelle Wolfe, CITY ADMINISTRATOR
\\Metro-inel.us\ardenhills\Admin\Council\Resolulions\2007\07-39, Supporting the Transfer of the Wildlife Corridor for Public Purpose.doc