HomeMy WebLinkAbout04-09-07 Item 7A, Sheehy Tennis Court Lease Agreement
~
~HILLS
Request for Council Action
Prepared By:
DepL:
Council Mtg. Date:
Final Action Needed By:
Michelle Olson ~rilt!)
Public Works
April 9, 2007
April 9, 2007
Agenda Item:
7A
Budgeted Amount
Actual Amount
Funding Source:
G6uriciJAcliqnR~quest:
Motion to approve a temporary restated and amended lease agreement dated April 9, 2007 allowing Arden Hills Association #3 to have
exclusive use of the Sheehy Tennis Court from April 9, 2007 through December 31,2007.
Staff Recommendation:
Staff requests time to further evaluate all potential uses of this site. Therefore, staff recommends a motion to approve a temporary, restated
and amended lease agreement dated April 9, 2007, allowing Arden Hills Association #3 to have exclusive use of the Sheehy Tennis Court from
April 9, 2007 through December 31, 2007.
~upporting.poc;ulTl!:n~: (att(3c;h!:cl)
X Memo/Letter:
Resolution No.:
Ordinance No.:
Engineering Recommendation:
Attorney Recommendation:
Dated 4/4/07 from Michelle Olson, Parks and Recreation Manager
X Other:
Expired Lease Agreement, Photos of Tennis Court, Location Maps, Letter from Arden Hills
Association #3, Proposed Temporary, Restated and Amended Lease Agreement, Council Minutes and
~llPportingMern()s fr()rnIerlni~c:oUrttlist()ry.
AdministratorlStaff Comments:
Staff will bring back. a comprehel1si've report on the Sheehy property to a future meeting for further discussion.
\\~vlelro.iIlCl,US\jrJellhills\PR&PW\pjrks\~'lcmos\Counci1 ACLiolls\..';heehy Tennis Coun Lease AgrecrnenL07.doc
~
~~HILLS
MEMORANDUM
DATE:
April 4, 2007
Agenda Item: 7 A
TO: Honorable Mayor and City Council
Michelle Wolfe; City Administrator
FROM: Michelle Olson, Parks and Recreation Manager "il1Cr;
SUBJECT: Sheehy Tennis COlui Lease Agreement
Backf!/'olllld
In March 2006, City staff received a phone call from a resident inquiring why the tennis court
located at 3168 Ridgewood Road was locked and posted as operated by Arden Hills #3
Association. At that time, due to the questions regarding why the Association was using this
cOUli exclusively, the City placed a lock on the court and posted a sign that stated, for more
info1111ation about this court, please contact the City of Arden Hills. Staff was then contacted by
Todd Albertson, Board Member of the Arden Hills #3 Association. He stated that the
association had a lease agreement to have exclusive use of the courts and asked for the courts to
be unlocked.
The City Attorney and the Arden Hills #3 Association both forwarded to staff a copy of a lease
agreement that had been approved by the Arden Hills City Council on October 3, 1996. Under
the tenns of the agreement, the Association was to pay the City of Arden Hills S I 0.00 annually
to rent the facility. The lease agreement was for a term of five years, renewable for an
additional five years per language stating that unless either party gave written notice of
cancellation at least twelve months prior to termination of the initial five year lease, it
automatically renewed. The Association was responsible for the maintenance of the facility and
all improvement costs would be their responsibility. In addition, the Association was required to
maintain comprehensive general liability coverage in an amount not less than S600,000 for each
occurrence and S600,000 for personal injury. A copy of the expired lease is included for your
reVIew.
Further research discovered that the S I 0.00 annual fee had never been paid and the City did not
have any record of the required insurance from the previous ten years. Mr. Todd Albertson does
assure the City that the association did carry the required insurance and each year, submitted this
to the City. Staff has been unable to locate this documentation. Association #3 did submit a
check on April 10, 2006 for S 1 00 for the past due amount in the lease agreement and provided
updated proof of insurance. The City unlocked the court at that time until October, 2006, when
\\Metro-inet.us\ardenhills\PR&PW\Parks\Memos\Council Memos\Sheehy Tennis Court Lease
Agreement.doc
City Council
Sheehy Tennis Court Lease Agreement
2
the lease expired. At that time, staff infol111ed the Association to write a letter requesting their
intentions for the court. The Arden Hills Association #3 is interested in a renewal of the lease
agreement. A copy of the lease extension request is included for your review.
Staff has researched the history of this tennis court and does have reservations about entering
into another long tel111 lease agreement with the Association. Staff has concel11S about the
maintenance of the court and the idea of a City owned court being offered for use exclusively by
a private group. The Association states that they do a spring and fall cleanup of the court and
have a pm1 time staff member clean the court once a week during the summer months. The coul1
is not level and appears to have several areas that have sunk due to the unstable base that it was
built on. There are trees overhanging the cOUl1, which causes leaves, branches, and debris to lie
on the court. This in tUl11 hurts the quality of the surface. Cracks have begun to run the length of
the court. There are four light poles wired across the court that are not operational. Photos of
the court have been included for your review.
The following is the background of how the City acquired this tennis court and discussions that
took place at that time regarding future use of this land. Also, staff memos and City Council
minutes regarding this have been included for your review.
In.January 1994, the City received a notice from Mr. .James C. Shacker and Mr. C.E. Sheehy of
an interest to donate approximately 8.57 acres of property to the City of Arden Hills. The
property was made up of primarily Type III and/or Type IV wetland. The area consisted of a
swamp/pond, cat tails, and scrub trees. A tennis court was constructed in 1974/1975 in the SW
corner of the property. All required pel111its (Rice Creek Watershed, Department of Natural
Resources, City Building Permit) were obtained prior to the filling of the area and the
construction of the tennis court.
Although the Parks and Recreation Department and Public Works Depm1ment found very little
park or recreational use for the Sheehy property, the City Council accepted the donation in
November 1994. It was found that the development of the area was limited due to the wetland
delineation. The courts were in disrepair and in need of maintenance. The Parks and Recreation
Department found that the court may need to be removed because the soil conditions present
were not providing a stable base. The City was worried about the liability risks involved with
use of the tennis court. In 1995, the estimated in-kind labor cost to the City for demolishing the
tennis court was estimated at $1,500-$2,000. For safety and liability reasons, the City placed a
lock on the court until a decision on the future of the cOUl1 was made.
In September 1995, two members of the Arden Hills #3 Home Association requested private
usage of the Sheehy tennis court. After discussion of the details, including the cost of the
restoration and upkeep of the property, the possibility of selling, and the possibility of leasing,
the City Council directed staff to prepare a lease agreement for the property.
Staff Recommelldatioll
Staff requests time to further evaluate all potential uses of this site. Therefore, staffrecommends
approval of a temporary restated and amended lease agreement dated April 9, 2007 allowing
City Council
Shcehy Tennis Court Lease Agreement
3
Arden Hills Association #3 to have exclusive use of the Sheehy Tennis COUli from April 9, 2007
until December 31, 2007. Staff will bring back a comprehensive report to a future meeting for
further discussion.
Re({lIested Actioll
A motion to approve a temporary restated and amended lease agreement dated April 9, 2007
allowing Arden Hills Association #3 to have exclusive use of the Sheehy Tennis COUli from
April 9, 2007 until December 31,2007.
Sheehy Tennis Court
Attachment 7 A -1 :
Expired Lease Agreement dated October 3, 1996
2007
SE\T BY:PETERSON fRAM BERGMAN 9-11-96 :10:06AM :PETERSON fRAM BERGMA~
612 633 7839:# 2/ 5
LEASE AGREEMENT
1. 0 Parties. This Agreement is dated the-:S rvl day of
C; ('''to hp .R. , 1996, and is entered into by and
between the city of Arden Hills, a M1nnesota municipal
corporation ("city") and the Arden Hills III Association, a
Minnesota non-profit corporation herein ("Association").
2.0 Recitals.
A. The City is the fee owner of the follm.ing described
property situated in Ramsey County, Minnesota to-wit:
Lot 3, Block 8, Arden Hills No.3, except that
part described ao follows: Beginning at the
Northeast corner of said Lot 3; thence West
along the North line of said Lot 3 for 300
feet; thence South at right angles for 300
feet; thence East parallel to the North line
of said Lot 3 for 270 feet, more or less, to
the East line of said Lot 3; thence North
along the East line of said Lot 3 to the point
of beginning (herein the "Subject property").
B. The City does not have a short term use for the property.
C. The Association wishes to lease a portion of the Subject
Property for a tennis court and related facilities.
D. The City is willing to allow an interim Use of the
Subject Property pursuant to the tenns of this Lease
Agreement.
3.0 Terms and Conditions. NOW, THEREFORE, in consideration of the
mutual undertakings herein expressed, the City and Association
agree as follows:
A. Property Subiect to Lease. The City hereby leases to the
Association that portion of the Subject Property
described on Exhibit A attached hereto, subject to any
and all existing easements.
1. Tennis Court Area. (Legal to be included.)
2. Access Area. (Legal to be inclUded.)
B. Rent. As consideration for this Lease, the Association
shall pay the City rent in the amount of $10.00 per year.
The first payment shall be due upon the execution of this
Agreement and subsequent rental payments shall be due on
the anniversary date of the Agreement. In addition, the
Association shall pay the City any taxes or payments in
1
lieu of taxes required as a result of this Lease
including any such taxes payable the year following the
termination of this Lease if such tax payments cannot be
abated.
C. Term. This Lease shall be for a term of five (5) years
commencing on the 10th day of September, 1996, and shall
be automatically renew for an additional five (5) year
term unless either party gives written notice of
cancellation at least twelve (12) months prior to
termination of the initial five (5) year term.
D. Improvements. The Association shall pay for all costs
relating to improvement of the tennis court or access
areas. Plans and specifications for improvements shall
be reviewed and approved by the City Administrator. All
improvements constructed to the tennis court and access
areas shall become the property of the City.
E. Maintenance. All modifications to the tennis court area
and the access areas and all improvements made for the
Association's benefit shall be at the Association' s
expense and such improvements shall be maintained in a
good state of repair.
F. Trespass. Repeated or continuous trespass upon the
remalning portions of the City property by members of the
Association or their guests shall be an event of default.
G. Insurance. The Association must maintain a comprehensive
general liability coverage which shall include, but not
be limited to, bodily injury, property damage and
personal injury. The comprehensive general liability
coverage shall be in an amount not less than $600,000 for
each occurrence and $600,000 for personal injuries.
These limits may be satisfied by the comprehensive
general liability coverage or in combination with an
umbrella or excess liability policy, provided coverage
afforded by the umbrella or excess policy is no less than
the underlying comprehensive general liability coverage.
The City shall be named as an additional insured on the
insurance policy.
The Association must keep in force during the term of
this Lease a policy covering damages to its property.
The amount of coverage shall be sufficient to replace the
damaged property, loss of use and comply with any other
appropriate City ordinances or regulations.
H. Hazardous Materials. The Association will be solely
responsible for and will defend, indemnify and hold the
City, its agents and employees harmless from and against
2
any and all claims, costs, and liabilities including
attorney's fees and costs, arising out of or in
connection with the cleanup or restoration of the tennis
court area and access area resulting from the
Association's use of hazardous materials; provided that
the Association shall have no responsibility or liability
for any condition existing prior to this Lease or for the
removal of any improvements specifically authorized by
the City. For purposes of this Agreement, "hazardous
materials" shall be interpreted broadly and specifically
includes, without limitation, asbestos, fuel, batteries,
or any hazardous substance, waste or materials as defined
in any federal, state or local environmental or safety
law or regulations including but not limited CERCLA. The
City represents that it has no knowledge of any hazardous
materials on the property.
I. Indemnification. The Association agrees to defend,
indemnify and hold the City harmless from any and all
costs, including reasonable attorney's fees, and claims
of liability or loss which arise out of the Association's
use and/or maintenance of the property except those which
arise from the negligence, willful misconduct or other
fault of the City.
J. Compliance with Requlations. The Association and its
members shall use the tennis court and the access areas
in compliance with all of the City's regulations and in
a manner that does not create a nuisance for adjoining
property owners.
K. Default. A violation of terms of this Lease by the
Association or its members shall be an event of default.
If a default occurs, the City shall provide the
Association with a ten (10) day notice to cure such
default. Failure to cure the default within the
appropriate time shall result in an automatic termination
of the Lease.
L. Authoritv. Each party represents that they have been
authorized to enter into this Lease Agreement.
M. Governinq Law. This Lease shall be construed in
accordance with the laws of the State of Minnesota.
N. Severability. If any term of this Lease is found to be
void or invalid, such invalidity shall not affect the
remaining terms of this Lease, which shall continue in
full force and effect.
3
IN WITNESS WHEREOF, the above-named parties have hereunto set
their hands.
b/ j/10450921. 001
9/10/96
By:
By:
ARDEN
By:
Its:
4
Brian Fritsln r
City Administrator
HILLS ASSOCIATION
q:/J tl (l!lst~--
IrcV~~{Z"~-
Sheehy Tennis Court
2007
Attachment 7 A-2:
Location Maps
?
5
~
~ ~
~~~~t
~~~~;~
v~'O~~~'"
'" ~ "=' ::I tJ ~ '2
~~a8.s&L~
;;:
.
;;
~ ~
> ~
'" 3! '" ~
g ~:g.3
~ 5 & E
2;3 ~ ~
~:51~
~ ~ :i t;:
o
.
.5
~
'"
"
o
"0
u
o
\ '\~t 0
~ <8
o
o ~
o '"
o '"
';;~~
00"
~~<
o.
.~ ~~
] 6.~
~ ~ e
~ o~
o e'(i;
:3~ ~
._ ....-0
-;:;....=
~<2..:
13]'~
u 0 U
r::l 0 E
.:!l.1:> E
a...2 8
E'~ ...
.:::-g~
~ <:l.g
.;~~
:3~ ~
~~~
"'0 ~ .
~ r::l!:
~.s-6
.D ~.;:::
o l:: t:.
:;~8
.g ~e
00
u "~
.5 r; 0
_eo
00"
00
""~
.- .... .:::
~ ].s~
t'~ ~
c :;
a~E
~~ is
g~~
&-!J<2
O~~
-o<2g
-E-gN
O"~
ou~
e 13 e
:f'''::E
g,O'
~ge
t; ':0
-508
';J'u c
I;; '" e
.~ 5j"
~.C
" 0
E;:' !:!
",.51=
~"3r--
..-;:;0
",uco
~.EN
::E,,~
<.g-B
oJ "
iJ5 ~
is
'ij
<5
u
u
E
6j
'^
OJ
U
'"
:J
o
'"
?
5
o
u
~ .
a\,,!,c: .
~'~ ~ '2 f
13~~a:::~
... :_ v >- ~-
%~~g1J;~~
V1:;:&8.s5L~3
0' ~'\""
'^ "" E
g :g .3
~~~E
3 g ~ ~
~"E E ~
~ ~~. ~
o
"""",""'\ ~
'~,~, ~"'/
'0, /~,
~ {~
'.;'.)"
N
~
~
C
o
.-
.....
~
""
o
....:l
.....
l...
;::I
o
U
'"
.-
C
C
~
E-<
::;
i-----
I
I
I
I
I
i-
I
i.
i
I
I-~'
I--
I
"{:~'~{'~""'-
"
,
~'-
.,.~,~:,
"'.' ,,",
",~~III
"
',<.
'1-
'<:'{'~'\'
'''OJ,
~i,,'
,.\~
'~
'>"/1
'.
""{\~
'0,'"'
'..~
'>:'"
---"
".~
''"{.
-'~
-}-~.'_'-
",<:.",._~.'.,
....:,
.'\
~::::"
"~
."'~
'.
~
,
.,
"
(>,
'1
-'--~"----
n'~.---/' i
I
f,-,
----1 ~---
i
-'~
'7
)1,['
,,;:.\
'-----~/
I
i
I
"" 1-----(
-------I \
",;,", \
I
I
L._-------~-----A -
I" ---1 \ l
\ ,',' \
-- -.l_-,-.-----,,----.------~---..\
I .
J "" '.-
~\{
<:.";'
".,';
(1';'
:;:
o
.~
-;;
'5
o
c
'0
u
/
] ~
g g
.~%~
E 0
0.2 ".<
.=: ~ '"
~e.~
"0-
o c..":
<.I (J'::;
~ u 5'
~c~
~~.~
.e e-o
0;.....:::
~,,2~
r~'~
U 0 U
~ u E
.;::,l:I E
g.: 8
E'- 5
.~-g~
~ ~g
..;~N
CO~
~~ ~
~;;::E
it. ~ ~
~.5~
.Den'::::
~.s g
"E~ i:l
"0 ~I""
C U >
,B....t::
.s ij (J
~ e 0
Co"
Co
.:!l;::-g
"0<.1<':
1::":::-
~ 0 ~
~-g ~
Co
~ ~ ~
oE.,
co~
~- "
:::~~
C~~
"0<.88
~-gN
oo~
~~-t;
~~ ~
r,i-::E
~g8
ti ~o
~.~g
e:: V> ~
.~ g ~
/ g.'~j
E > 0
.".=~
~"3t-
..<;ic
~.9~
::E~~
~ j.g"@
\ ~ ~
\ is
\
\
,
E
5
u
>
~
"
:2
'-'
0:
"
o
co
Sheehy Tennis Court
2007
Attachment 7A-3:
Photos of Sheehy Tennis Court
Sheehy Tennis Court
2007
Attachment 7A-4:
Historical Background Including:
Regular City Council Minutes from June 10, 1974
Memo from City Administrator dated January 10, 1994
City Council Work Session Minutes from January 20, 1994
City Council Work Session Minutes from September 21, 1995
Memo from City Administrator dated September 9, 1996
Minutes of ROQ~lar Coun~11 Meeting
Page three
June 10. /974
Building Permit" fOI- reconstruction of a garage, as requested by
Andrew Hopkins.
Pat Sexton, owner of tho property adjacent to and south of the Hopkins
property, stated that ho feels the garage reconstruction wi II be a
big Improvement, and ha~ no objection to the requested variance.
.
After review of the plan presented, Wingert moved, seconded by
CrIchton, that the Coun~11 approve the variance and Issuance of
toe Bui Idlng PermIt, as requested. Motion carried ullaolmQusly.
Case No. 74-16, Cyril Sheehy - Tennis Court Bul Idlnq Permit
~ Wingert reviewed the Rice Creek Watershed District stipulation that
It approves the 1120 cu. yds. of fill, as proposed, providing that
four (4) sq. ft. of open space be dedicated tor every I sq. ft. of
filled area (cannoT build 00 open space).
After discussion of the proposed tennis court location on the 8-acre
site, WIngert moved, seconded by Dlmen, that the Councl I approve
issuance of the Bui Idlng Permit and fill, as requested. ~'otlon
carried unanimously.
Case No. 74-17, McDonald's Corporation
Matter deferred to Coul;cll Meeting of June 24, 1974, at request of
applicant.
Case No. 71-21. Arden M~nor Lighting Change
WIngert reported that the PlannIng Commission recommends Council
approval of the requested change In lighting In Arden Manor, and
moved that the CouncIl .)pprove the substitution of Adjusta-post
Manufacturing Company Sphere-lites 82301 with 12 tt. steel posts, In-
stead of the originally apprvoed Weyerhauser #15S lights. Motion
was seconded by Dlmen and carrIed unanimously.
Case No. 73-42, L~m~L AddItion - Preliminary Plat
Wingert reported that the Planning Commission does not recommend
approval of the amended PrelimInary Plat of Lamettl Addition be-
cause:
I. Travol lane of -oad has been narrowed to 28 feet (34'
required by ordInance).
2. Fire hydrant ha3 not been Indicated mId-way between cul-
de-sac and Snel ling Avenue as requested.
It was noted that a determination has not been made by Mr. Lamettl
as to whether proposed .;treets are to be dedicated or privately
~wned. Clerk Admlnlstr~tor was requested to ask Mr. Lamettl to
determine this, and, If streets are to be dedicated, request that
the PrelimInary Plat be amended to Incorporate the 34 foot wide
travelway requIred; hyd-ant to be indicated, whether or not streets
are dedi cated.
.
I:lussar<j Court
Councl I expressed conca~n re the adequacy of the storm sewer spl 11-
way, and requested that Engineer Lund Inspect the construction for
rnrnnll~nrA wi+h Rrr~ rrRAk WR~Ar~hArl OI5+ric~'s reouirements.
.
CITY OF ARDEN' HILlS
~
DATE:
January 10, 1994
TO:
Dorothy Person, City }Irlm;T\; strater
l>.~J C:> . f3F"
FRCM:
Brian Fritsinger, Dan Winkel, Cindy Severtson
SOBJECI':
Sheehy Property
As you 3meM', tbe City received a notice fran Mr. Jarres C. Shacker and
Mr. C.E. Sheehy of an interest to donate approximately 8.57 acres of
prq;;erty to the City of Arden Hills. Staff has reviewed tbe letter and
tbe options available in regards to accepting this donation.
.
The prq;;erty consists of primarily Type III and/or Type IV ~tland as
defined by tbe National Wetlands Irwento:ry. The area ~ists of a
swanp/p::md, cat tails and scrub trees. A tennis court was constructed
in 1974/1975 in the SW comer of the property. Permits fran Rice Creek
Watershed and Depa:rtment of Natural Resources ~re obtained prior to
filling the area to construct tbe tennis court.
The area has no direct access or linkages with any existing park trails
or system. Due to its ~tland delineation, tbe area will rrost likely
rerrain open space. The soil conditions present on tbe site make it
highly unlikely that a walking trail could l:e built around tbe ponel.
Any filling of this area would rrost likely require wetland mitigation at
a 2 to 1 ratio. At test, tbe area could l:e used. as a passive cpen area
for wildlife viewing.
The Sheehy's have stated that the property is unbuildable. They also
have stated tr.at water occasionally flems over and under tbe tennis
court. nus creates a situation of high maintenance costs on the
courts. If acquired, Parks would recaTtrel1d rerroving the tennis courts
which \o,Ould l:e an expense to the City. The prq;;erty is valued at
$11,200 and pays annual taxes of $280.00.
An estimate to derrolish and rerrove materials was prepared by ten Winkel.
The tennis CDlLrt fence would l:e considered unsalvageable and would need
to l:e disp:lSed of at a steel CCllp3.I1y. The CDSt to tbe City for this
project \o,Ould l:e l:et~ $1500-2000. (This includes in-kind laJ:or and
equiprent expense.)
There WJUld l:e no l::enefit to either public wrks or Plarming/Econanic
Developnent for the City to accept this prq;;erty. Parks and Recreation
could use the ~tland area as passive open space. Should tbe City
Council decide to accept this donation, it needs to l:e approved by
Resolution and adopted by 2/3 of ll'elOOers. The resolution should express
all terms in full.
.
BF:to
.
.
.
MINUTES
CITY OF ARDEN HILLS, MINNESOTA
WORKSESSION
January 20, 1994
4:30 P.M. - Publio Works Garage
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor Sather called
to order the City Council worksession at 4:35 p.m. Present:
Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone
and Dennis Probst. Also present were: city Accountant,
Terry Post; Community Planning Coordinator, Brian
Fritsinger; Public Works Superintendent, Dan Winkel; Park &
Recreation Director, Cynthia Severtson; city Administrator,
Dorothy Person; Terry Maurer and Greg Stonehouse, City
Engineers, and Recording Secretary, Renee Kaulfuss.
ADOPT AGENDA
MOTION:
Probst moved, seconded by Aplikowski, to adopt the
January 20, 1994 worksession agenda as submitted.
Motion carried unanimously (5-0).
DISCUSSION - SHEEHY LAND DONATION OFFER TO CITY
Brian Fritsinger informed the Council that Cindy Severtson, Dan
Winkel and himself examined the property. Councilmember Probst
also visited the site with staff. At this time staff believes
the only possible use for this land would be as park space.
Ms. Severtson referred to her memo enclosed with the packet and
explained that the tennis court appears to be in need of repair.
Previously, the Sheehys described the court area as fairly wet
and broken up. This property is by definition a wetland area.
Future use of the property is limited, but a floating walkway
could possibly be constructed to connect the area to a park
trail.
councilmember Hicks asked when the tennis court was constructed.
Ms. Severtson stated it was constructed in 1974 or 1975.
Councilmember Hicks questioned whether the neighbors shOUld be
contacted to research if the neighborhood would be willing to
preserve the tennis court and perhaps assume the cost to preserve
the court. Ms. Severtson stated this could be an option if
chosen by the Council.
~
.
.
MINUTES
CITY OF ARDEN HILLS, MINNESOTA
WORKSESSION
SEPTEMBER 21, 1995
4:30 P.M. - CITY HALL, PUBLlC WORKS LUNCHROOM
CALL TO ORDERfROLL CALL
Pursuant to due call and notice thereof, Mayor Probst called to order the City Council
Worksession at 4:35 P.M. Present: Councilmembers Paul Malone; Dale Hicks; City
Administrator, Brian Fritsinger; Co=unity Development Director, Kevin Ringwald;
Park & Recreation Director, Cynthia Walsh; Public Works Superintendent, Dwayne
Stafford; City Attorney; Jerry Filla, Homeowners Association Members; Tom Fabel,
Todd Albertson, and Fred Sutter; and Administrative Assistant, Shirley Evenson.
Beverly Aplikowski arrived at 4:45 P.M. and Susan Keirn was absent.
Adopt Agenda
Motion:
Mayor Dennis Probst moved and seconded by Councilmember Malone to
adopt the September 21, 1995, W orksession Agenda as submitted. Motion
carried unanimously (3-0).
Agenda Item 3a & b
_ Ti\nlliil CoiinJEindevs Triangle
Two members of the Homeowners Association requested private usage of the
former ~!I~ Tenn;" €Oiili by their neighborhood. After discussion of the
details, including the possibility of selling the property, leasing, the cost of the
restoration and up-keep of the property, Mayor Probst indicated that because
the City has no immediate plans for the property, he would consider a formal
request by the representatives for the use of this site. Malone and Hicks
concurred. Their proposal will be discussed at a future Council Meeting after
Parks and Recreation Director, Cindy Walsh, has had an opportunity for review.
Ms. Walsh will also review with Attorney Filla all City parks to resolve
ownership and will contact Mr. Kenna to discuss acquiring Fee Title to the
Lindeys Triangle and Ridgewood Court park areas.
Agenda Item 3c
Pawn Shop Licensing
Kevin Ringwald, Co=unity Development Director, presented matrices for
identifYing the issues associated with an application for pawn shop licensing
from several different co=unities.
It
.
.
CITY OF ARDEN HILLS
MEMORANDUM
DATE:
September 9, 1996
TO:
Brian Fritsinger, City Administrator
FROM:
C>~
Cindy S. Walsh, Parks & Recreation Director
SUBJECT:
Finalization of Tennis Court Lease Agreement
Uackground
The Arden Hills #3 Homeowners Association contacted the City to inquire if the City would
lease the tennis court area to the Association. The Association would be responsible for
maintenance and use of the area.
The City Council received a draft of the lease agreement at the August 19, 1996 Council work
session. With the exception of a few minor changes, the lease appeared to be acceptable to the
Council.
I.ease Agreement
The association will pay the City of Arden Hills $10.00 annually to rent the facility. The lease
agreement will be for a term oftive years and will automatically renew for an additional five
years unless either party gives written notice of cancellation at least 12 months prior to
termination of the initial five year lease. The Association will be responsible for the maintenance
of the facility. The facility will be leased from the City in its present condition. All
improvement costs will be the responsibility of the Association.
A copy of the revised lease is enclosed for your review. The Association has had an opportunity
to review the lease. Representatives from the Association will be in attendance at the City
Council Meeting to answer any questions the Council may have.
Recommendation
Staff recommends approval of the lease of the former ieiliiis coUrt to the Arden Hills #3
Homeowners Association. Council should direct staff to execute all appropriate documents.
Enclosure: I
Sheehy Tennis Court
2007
Attachment 7 A-5:
Letter from Arden Hills Association #3 requesting new lease agreement dated
December 7, 2006
ARDEN HILLS NO.3 ,\SSOCI,\TlON
December 7, 2006
Karen Barton
Community Development Director
City of Arden Hills
1245 West Hi"hwa\' 36
b .
,\rden I-Iills, IVIN 55112-5743
I<.arcn,
Per your recommendation, and on behalf of the Arden IIills No. 3
Association I am sending you this letter of intent to enter into a lease
agreement for a tennis court and related facilities located on Lot 3, J3lock 8, of
the :\rden Hills No.3 subdivision that is currently owned by the City of Arden
Hills.
For the last IO years we have had a lease agreement for the above listed
property with the City of Arden I-Iills. That agreement expired October 3,
2006. \Ve would like to enter into a similar agreement for the next 10 years. A
copy of the previous agreement has been attached for your review. Please
share this letter with the appropriate city oHicials and advise me of the next
steps required for renewing a lease agreement.
Respectfully Submitted.
{/u~
Todd Albertson
Board IVfcmber
Arden Hills No.3 Association
1543 GLL.:N HILL RD . ARDEN IllLLSjI\IN . 55112
PHONE (J-IOilJE): 651-6.36-9398 . (WORK): 651-731-5739
Sheehy Tennis Court
2007
Attachment 7A-6:
Temporary restated and amended lease agreement dated April 9, 2007
LEASE AGREEMENT
1.0 Parties. This agreement is dated the q10 day of P'pri \ ,
2007, and is entered into by and between the City of Arden Hills, a Minnesota
municipal corporation ("City") and the Arden Hills III Association, a Minnesota
non-profit corporation herein ("Association").
2.0 Recitals.
A. The City is the fee owner of the following described property
situated in Ramsey County, Minnesota to-wit:
Lot 3, Block 8, Arden Hills No.3, except that part
described as follows: Beginning at the Northeast
corner of said Lot 3; thence West along the North
line of said Lot 3 for 300 feet; thence South at right
angles for 300 feet; thence East parallel to the North
line of said Lot 3 for 270 feet, more or less, to the
Ease line of said Lot 3; thence North along the East
line of said Lot 3 to the point of beginning (herein
the "Property").
B. A portion of the Property is occupied by a tennis court and fencing;
and by an access to the tennis court area all is highlighted on
Exhibit A attached and incorporated ("Premises").
C. The Association wishes to lease the Premises from the City.
D. Pending its review of the City's park plan and park programs, the
City is willing to Lease the Prerryises to the Association.
. ,,' .
3.0 Terms and Conditions. NOW THEREFORE, in consideration of the
mutual undertakings herein expressed, the City and Association agree as
follows:
A.
Premises.
Association
Exhibit A.
The City hereby leases to the Association and the
Leases from the City the Premises as illustrated on
B. Rent. The Association shall pay the CityllI0.~ dollars upon
execution of this Lease by the parties.
C. Term. This Lease shall commence on the date upon which is
executed by the parties and shall continue until the day of
,2007.
D. Improvements. The Association shall pay for all costs relating to
the improvements to the tennis court or access areas. Plans and
specifications for the improvements shall be reviewed and
approved by the City Administrator. All improvements constructed
to the tennis court and access areas shall become the property of
the City.
E. Maintenance. All modifications to the tennis court area and the
access areas and all improvements made for the Association's
benefit shall be at the Association's expense and such
improvements shall be maintained in a good state of repair.
F. Trespass. Repeated or continuous trespass upon the remaining
portions of the City property.by members of the Association or their
guests shall be an event of default.
G. Insurance. The Association must maintain a comprehensive
general liability coverage which shall include, but not limited to,
bodily harm, property damage and personal injury. The
comprehensive general liability coverage shall be in an amount not
less than $600,000 for each occurrence and $600,000 for personal
injuries. These limits may be satisfied by the comprehensive
coverage liability policy, provided coverage umbrella or excess
liability policy, provided coverage afforded by the umbrella or
excess policy is no less than the underlying comprehensive general
liability coverage. The City shall be named as an additional insured
on the insurance policy.
The Association must keep in force during the term of this Lease a
policy covering damages to its property. The amount of coverage
shall be sufficient to replace the damaged property, loss of use and
comply with any other appropriate City ordinances or regulations.
H. Hazardous Materials. The Association will be solely responsible for
and will defend, indemnify and hold the City, its agents and
employees from and against any and all claims, costs, and liabilities
including attorney's fees. .and costs, arising out of or in connection
with the cleanup or restoration of the tennis court area and access
area resulting from the Association's use of hazardous materials;
provided that the Association shall have no responsibility or liability
for any condition existing prior to this Lease or for the removal of
any improvements specifically authorized by the City. For purposes
of this agreement, "hazardous materials" shall be interpreted
broadly and specifically includes, without limitation, asbestos, fuel,
batteries, or any hazardous substance, waste or ,materials as
defined in any federal, state or local environmental or safety law or
regulations including but r:ot;liry1ited CERCLA. The City represents
that it has no knowledge of any hazardous materials on the
property.
I. Indemnification. The Association agrees to defend, indemnify and
hold the City harmless from any and all costs, including reasonable
attorney's fees, and claims of liability or loss which arise out of the
Association's use and/or maintenance of the property except those
which arise from the negligence, willful misconduct or other fault of
the City. As used in the previous sentence the term "Association's
Use" means the Association, members of the Association, guests of
members of the Association and invitees of members of the
Association.
J. Compliance with Reoulations. The Association and its members
shall use the tennis court and the access areas in compliance with
all of the City's regulations and in a manner that does not create a
nuisance for adjoining property owners.
K. Default. A violation of term~ of this Lease by the Association or its
members shall be an evenfof'default. If a default occurs, the City
shall provide the Association of a ten (10) day notice to cure such
default. Failure to cure the default within the appropriate time shall
result in an automatic termination of the Lease.
L. Authoritv. Each party represents that they have been authorized to
enter into this Lease Agreement.
M. Governino Law. This Lease shall be construed in accordance with
the laws of the State of Minnesota.
N. Severabilitv. If any term of this Lease is found to be void or invalid,
such the invalidity shall not affect the remaining terms if this Lease,
which shall continue in full force and effect.
. ~"i.'
IN WITNESS WHEREOF, the above-named parties have hereunto set
their hands.
CITY OF ARDEN HILLS
By:
Stan Harpstead
Mayor
ARDEN HILLS III ASSOCIATION
By:
Its: President
~
~
'ii
~ij
3\ ~
~z
E ~
0'0
~ ~
r--
Do
-00
Q)N
(ij...t
c. 'C
!!! Q.
ll..<{
. "
j ,~~
'8~~
~ ~ ~
J;:fa
" ~
5 ~
.., ~ 0
~ ~ 8
E. .;j ~ ..0
~~~~
d
~oE
"~;~
a:sa&
\,\0", 0
o
<:
.g
.
.0
.
o
C
v
<2
~
~ ~
o c
o N
.~~:c
E5<
~ ~ 0:
.~g.~
]8.3
~~5
'o8~
z:::~ 2
.28-0
~SE
E"]:a
o v, ....
V , V
~ (.I E
",.0 E
'~3 8
E~~
.~ z::: r--
~oo
U ~~
g.,g"E
~~~
"<:;;I 2 .
~d!:
:;I~.g
~~'"
cz:::"E.
';~8
~ ~8
o v
V" t
.5 ~"
o ~ g
00
","'"0
.- .... e:
"<:;;I"'"
O~_
dOt:
p-g ~
< 0
~ilE
~E 5
gou
g.e.E
e.gS
"0<80
.g"ON
l5aV"l
~~"@
>-iii'"
~ ;.::.~
~g5
00"
....<.lc
lJi-t:
.~.~ ~
.~ g ~
g..~.J
E ' v
",.5~
~"8r--
~3g
w.2N
::E!:V"l
<.g~
..J ~
:,: ;:,
is
E
g
u
~
"
"
u;
OJ
U
"
:0
o
~