12-022 - 03-20 - loan - park improvements to GV Little League Resolution 12-22 March 20, 2Q12
Member Scanlon introduced the following resalution and moved its adoption:
RESOLUTION AUTHORIZING LOAN FOR
PARK IMPROVEMENTS TO GOLDEN VALLEY LITTLE LEAGUE
WHEREAS, the Council supported an application for Hennepin Youth Sports Program
Grant with Resolution 09-56 for improvements to develop the Honeywell Field Expansion
with an estimate of $467,500, and
WHEREAS, the Little League was responsible for $67,500 and the Hennepin Youth
Grant would fund $400,000, and
WHEREAS, the Little League has paid the City of Golden Valley $40,Q00 through
December 31, 2011, and
WHEREAS, the Little League has guaranteed payment over the next five years the
remainder of the amount of $27,500 with payments due by October 31, and
WHEREAS, the Little League will need to make full payment before entering into
another impravement loan with the City, and
WHEREAS, the Little League has a lease agreement with the City of Golden Valley for
the use of premises of North 400 fee of Lot 1, Block 1, Honeywell Additian through April 30,
2021 shown in Attachment A, and
WHEREAS, the Golden Valley Littte League has approved the loan for improvements
shown in Attachment B, and
NOW, THEREFORE, BE IT RESOLVED by the Gity Council of the City of Golden
Valley as follows:
1. The City shall receive payments with no interest from the Golden Valley Little
League. The payments are due by October 31 in each year below:
Date Principal
10/31/2012 $5,500
10/31/2013 $5,500
10/31/2014 $5,500
10/31/2015 $5,500
10/31/2016 $5,50Q
2. Park Improvement Fund will receive the money for the loan to the Golden Valley
Little League.
Resolution 12-22 - Continued March 2Q, 2012
4
Shepar M. Harris, Mayor
ATTEST:
� � V/(�'`�,�1�-�'
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolutian was seconded by Member Clausen
and upon a vote being taken thereon, the following voted in favor thereof: Clausen,
Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his si�nature attested by the City Clerk.
Resolution 12-22 - Continued March 20, 2012
Exhibit A
i.EAS�r�GREEMENT�_
r�
THIS LEASE; made and entered ir�to#his23 tlay of.�eG�rc+�� ,ZOD1 between C'i�y of
: t
. .
C'rol �t���1.1��,�,.t�ii�n�`e�i��a��u�ipa7 cor��ratian,I�avqn��of�ce az 7800 Gold�� Vall�y Rva�,
Gt�lden Valley,Nlin���nta(h�r.eiria�x�r eal�ed�"Lessor"�,and C3�ricl�n�al�ey Litt`le�League, Inc.,a
Minnesota cotporation,h�ving a mailing addre5s of 200�roakuiew:Aarkivay, Golden Valley,
Minnesota(hereinafter called"Lessee").
WITNES�ETH, that Lessor, in consideration:of the co�enanfs of Le�s�e herein contained,
hereby leases and l�.ts to Lessee the.ianii'in the City o�Golden ualle�,Cour�ty o�Hen�aepin,State bf
�Ylin�esot�, d�sa�ibed as foll�,vs,tn-wct:
TI�e Na�th 400 feet of�,ot 1,Btock l,Honey�velt Gal�en Val�ey Addition,
for a term of twenty(2�)years from the�rst day of ���r� ,20��,to and includ'ing the
,
3�� day of�t� � _�,20�i,for the sum of ONE DOLLAR($1.00)payabie in advance.
L,essee, in consicleration ofthe-cQvenants of Lesso�r hereir��ontai�ed, �venants vuith'Le�sor as
follows:
1.. Use t�f Premises. Lessee-will use the Pretnises onl��S a baseball ��[d i�con�tincfion
with its Litt�e League program; wi-lY nia'intain the Premises in a��orderly, clean and sanitazy condi#i�n;
will not permit any things to be done in violati�n of the regulatibns;ordinances and laws appli�cabie
thereto; and witl not comrnit ar suf�'er ar�y wast�thereon.
2. Entry by Le�sox,. �.essee will alttsw Lessor t�enter upon the Prerrrises at any t'ime to
inspect same.
3. ,Assi`�nn�,ent and;S�blettin�, Lessee wili not assig�this Lease nor sublet�(1 or�ny part
of the�'remises;.
4. Indeinnitv at►d.Hold H�r�nless. Lessee will incf�mnify axzd hold LessQr harmless from
any liability;'loss and expenses (inclt�din�attomey's fees)whieli may be incurred:by;or imposed upon,
Resolution 12-22 - Continued March 20, 2012
Lessor by reasota vf cl�r�s for damages beeanse of bodily injury, including de�th,or iriju�ry to or
�
dest�uctiot�of prope�cy arisuig�r;growin�out of, or rEsuiting or occurring in c�nnectian with anq a�t
or omission to ac#, o+ccurnng up,�n,in or about fhe Premises:
5. Insurance, Lesse�wi�l ¢arry at�d.pay�'arpub�ia liability insurat��e�vi�Z t�odil�injury
limits of$75�,0OO:OR per perso�i:and pioperty damage l�mits of$1 OQ,UOO.Op�+er accide�t, coverang t�e
liability aontra�ted for in pa�agraph 4. The Lessee represents itis additionally insured by a natianal
umbrella policy with a iimit of$I,Q00;0"OQ:OO per accident. T1ie Le�se�further agrees to furnish
certi�c�tes uf the abrive�i�sura�e�to the Lessor naming L�ssor as an additional insure.d, not later ti�an
ten(10)days affer exccuiion c�f this Lease,and will provide Lessor with writ�ea n�tice ten(10)days
prior to canceIlati'on of'the poli�y or ahy material change in the coverage provided,
6. Li hts: Lessee has installed lights-(the"Lights")atthe Frernises and agrees to Che
following;
(a} Upon I,ease expiration, including, but not limited io,terrnination pursuant to
paragraph 8 of ttie L;�ase, upo�the request of Lessor,Lessee shall,at
Lesse�'s sole�ost and expense,retum the Premis�s to the condit'r�r�it w� in
at the commeneerner�t of this Lease.
(bj The Lights sha�l be separately nn�tered,at T.essee's sol.e co�si and expense,
and i�essee sha�l pay; in�timely fashion,any and a1I ele�tricity or other
utility bills associated wi#h the Lights.
7. Abando.nment,pr Defai�lt: In case Lessee shall vacate or abandon the P.remises or
default in any of the covenants h�erein cont�ined,Lessee hereby autl�oriz�s and empowers Lessor, at its
option, to cancel and terrnin�t�this Lease and'immediately take pos�essiot�bf the Premises,and thati
upon tertriination of'thYs I.ease, w�:ether by eacpiration of fhe tecm or ot.�erwise, Lessee ws:ll quiefly
surrender the P�ernises co Lessor.
$. Cancellatibn.
(a) Lessor shaIl alsa have t�se xight`to cance(this Lease ai any tirne by giwing six
(6j mvnths prior wri#ten not't'ce af eancellation,
(b) Lessee shall have th�n�l�i`t�cancel this Lease at any tirne by giving L�s�or
at least thirty�30)tlays'pri�r written natice�f cancellatio.n.
2
Resolution 12-22 - Continued March 20, 2012
9, Surrencfer. At the expiration�f the term of this Lease or upon cancellation pursuant to
par�graph $�a},Lessee shall be authorized,after written approval by the City, to remove:all fixture and
impr.overnents it has made C�p th�Pr�mis�s di�"tng the ter�of this Lease,provide�i L�ssee returns the
Premises to t�e cvndition it was in�t the commenceinent of this I,�ase.
10. Notices. 'Wl�ierever in tt�is Lease it shail be.required:qr permittecl that no'tice be given
by either party to this Lease to the ather,such natice shalt noti be deem��to nave bee�give�t urile�s in
writing and forwarded by mail`as follows:
To the lessee�t: Golden Valley,Lrttle League
2Di��$r.Q�icview 1'a�rk�ray
Minneapalis,Minncsota 55426
To the Lessor at: City'of�rolden Vailey
Gbl�en�lalley Park and Recreation Director
200 Braokv'rew Parkway
Golden Valley,l�iinnesota 55426
11. Leasei�old Tmnravements. Leasehold �rnprovernents may be rnade with prior
Written consent of'the Ci`ty.and�must rneet all:applicable C'ity Codes. All speci�catiuns and
I'lans far improv�rrients rnust be subrriitt�d to the City for said writt�n approval.
Lessee shall pay alI'costs and ��perises af'installati�n and maintenance ra€any and all
improvements to the property. All improvements,hereto or hereaifier rnade tv the property, w�i!
recnain with tih� property,at no cosi to tlie Gity,when the I;ease is termi�ated, unless the City has
giv�n written consent to L,cssee to xsmove them,
All Che prt�visions of`this I.ease are ta be eonstrw�d a�:co�enants and agreements and shall bind
ar�d incir.�io the b�nefit of the parries hereto,their respective heirs, legal representatives,success�rs
and perrnitted assigns,
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Resolution 12-22 - Continued March 20, 2012
IN W;IT�IE�� WHEREOF,I.essor an�l less�e tiave hereunto set their ttaitds and have caused thi�
Lease to be�xecut�d as�.ufthe day and�year first above written.
City of Golden Valley
-.
BY .
Its City Nfanager
By � - . �
Its ayor
STATE OF M[NNESOTA �
COtJNTY OF � �'n}� 1�,,,_ ss
The foregoing instrument was ackhowte.dge,d before me th�s day of e6�u� , '�001 by
� p� and. -� � t�sti the • ' . ' and ' of the Ciry:of
Gol cn Valicy,a innesota municipal orporation,on behalf of the co orafrotl, rantor.
r JUDlTN A.NALLY ,,� .:� , ' ���
' .��� NOUWYPUBUGMINN€SOFA �'� Notary Publi�
My Clrtnli�'lll Fxp�tes Jan.31,2N5 ;
��� � . �
Golden'Valley LittEe League.,Tnc;.
, ,,
By '�''1 L��' �
Tts____ r����`'` —
STATE OF MINNESOTA
CQU]VTY OF�jtne ' � �
�1rG'
,,,.�-- �� 7'he fore��ou�g instrumen� as�ck�aaw'Iedged before me thts ,✓'""'day of ✓!.� �'G' ,2001 by
" /Qn�/[/��2+�'n,`,de�r- �fie ��,S�C,/,�►.f. o�'Che.Golden'�aJley Littie League,.;a Iviin��so on behalf of
��e corpor�Cion;Gran�ot.
SFIEI�A Mld{E!„1,E EL1JQjT ' ' ' . ; V'
���-.�5�1'A atary Pulilic
�'�ipmEi�qns,lan;91,2005 :
'CHIS INS'C"I�UMGI�I . 1'a.r Stuttments Por the rzal property describud in thi
Besi&Flanagan LLP(*J instrumcnt shnwid be�eni to(i�icludc nam�and neklruss of
4U00 U.S.Ba�k P•la�e Qrantee):
6Q 1.Sec.ond A,venue:Sout�
iV�inneapolis,IvIN 554�Q2=4`331
(612)339-7f2]
4
Resofution 12-22 - Continued March 20, 2012
Exhibit B
�
CJo�ii Ya�Gflr�e,�e�ue, ?nc
s.rv,r.,a ao�o van•y ro�,�.owr so ra.,:
WHEREAS, Golden Valley Little League is in need of additional funds to meet its obligation to
the City of Golden Va11ey far the building of two fields at Honeywell Park,and V�HER�AS,the
City of Golden Valley,has agreed, subject to the approval of the city council,to loan to Golden
Va11ey Little League the sum of $27,500.00(Twenty-seven Thousand Five Hundred dollars and
no cents)and WHEREAS, such borrowing appears to be advantageous to the Golden Va11ey
Little League as it is on better terms than would be available elsewhere;be it:
RESOLVED,that Ciolden Va11ey Litt1e League borrow the sum of$27,500.00,and that said sum
be repaid in or within five(5)years with interest thereon at 0.00%on the unpaid balance,a1l as
more fully set forth in a promissory note and collateral loan documents to be presented and
reviewed by Golden Valley Little League.
` The undersigned hereby certifies that he/she is the duly elected and qualified officer and the
custodian of the books and recoxds and a corporation duly forme�i pursuant to the laws of the
state of Minttesota and that the foregoing is a true record of a resolution duly adopted at a
meeting of Golden Va11ey Little League on March 7,2012 and that said meeting was hsld in
accordance with state law and the Bylaws of Goldett Valley Litt1e League,and that said
resolution is now in fiill force and ef�ect without modification or rescission.
AS DESIGNATED BY THE BOARD,I have executed my natne as President of Golden Va11ey
Little League.
.,,
March 7,20l 2
Peter Birkeland
President
Goiden Valley Little Lea.gue