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EXTRACT OF MINUTES OF MEETING OF CITY COUNCIL OF CITY OF ROSEVILLE RAMSEY COUNTY, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City ofRoseville, Minnesota, was held in the City Hall in said City on Monday, December 13, 1999 at 6:30 o'clock p.m. The following members were present: Goedeke, Maschka, Wiski, Mastel, and Wall and the following were absent: None. Councilmember Mastel introduced the following resolution and moved its adoption: RESOLUTION 9720 RESOLUTION FOR TRAIL GUARANTEE- ROSELA WN CEMETERY LEASE PROPERTY WHEREAS, Roselawn Cemetery and the City ofRoseville entered into an agreement on December 14, 1992 for the 50 year Lease of property for park purposes, and; WHEREAS, the City ofRoseville has proposed to construct an 8- foot wide, multi- use bituminous pathway through the south 100 feet of said Leased property, and; WHEREAS, Section 15, PARTIES RIGHT OF EARLY TERMINATION of said agreement reads: Nonwithstanding anything contained herein to the contrary, the Landlord shall have the right to terminate this Lease at any time by giving the Tenant five (5) years prior written notice of its intent to so terminate. In the event that such notice is given, this Lease shall terminate on the date that is five (5) years following the date of the receipt by the Tenant of such written notice, and the parties shall thereafter be relieved of their respective obligations hereunder in the same manner as if the term of this Lease were originally stated to expire on said date, and; WHEREAS, Federal standards require that the proposed pathway have a guaranteed life of 10 years, meaning the intent to terminate should be at least 10 years, and; WHEREAS, Roselawn Cemetery has supported the City ofRoseville's plans to develop this leased property for park use;