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HomeMy WebLinkAbout6546 - ADMIN Resolution - City Council - 1980/04/21RESOLUTION NO. 6546 A RESOLUTION APPROVING MEMQRANDUM OF UNDER- STANDING BETWEEN THE CITY OF ST. LOUIS PARK AND V.R. ROONEY GOVERNING PROPERTY AT 4900- 4916 EXCELSIOR BOULEVARD WHEREAS, V. R. Rooney has made application to the City for special permit under Section 14-124.101 of the Zoning Ordinance for the purpose of constructing an office building and parking ramp on property located at 4900-4916 Excelsior Boulevard as approved by Resolution No. 6530 on April 7, 1980. WHEREAS, V. R. Rooney and the City Council having previously considered and discussed the special permit for said described property and the conditions found necessary for approval, and WHEREAS, V. R. Rooney and the City Council discussed a possible condition whereby V. R. Rooney would agree to cooperate with the City and the Housing and Redevelopment Authority in allowing some public use of the parking ramp on said property when not needed for office use, and WHEREAS, it was determined that it would be more appropriate to execute a Memorandum of Understanding regarding said cooperative action with regard to said parking, now THEREFORE, BE IT RESOLVED that the City Council hereby approves the Memorandum of Understanding as contained in attached Exhibit A and authorizes the Mayor and City Manager to execute said Memorandum of Understanding. Attest: ity Clerk eviewed for a Adopted by the City Council April 21, 1980. City Manager (l-21./ 4( ,&6' L.4:64f Mayo Approve1d as to form and legality: City4ttorney 1 • 1 �� MEMORANDUM OF UNDERSTANDING CITY OF ST. LOUIS PARK AND V,R. ROONEY This Memorandum of Understanding entered into this day li of April, 1980, by and between V, R. Rooney and the City of St. Louis Park, a Minnesota municipal corporation (hereinafter called "CITY"), is established to clarify circumstances and establish an understanding under which the City of St, Louis Park approved a special permit for development of an office building and parking ramp at 4900-4916 Excelsior Boulevard. The undersigned parties have executed this Memorandum of Understanding as to the following: 1. V. R. Rooney and any and all future partners, successors, and assigns agree to cooperate with the City and the Housing and Redevelopment Authority of St. Louis Park to allow a proposed parking ramp at 4900-4916 Excelsior Boulevard to be used by the public when said ramp (except that portion designated for restaurant parking) is not needed for office or retail use as allowed by the approved special permit for the property, 2. The use of the parking ramp by the public as described in this Memorandum is to be without direct cost or fee to the public, however, a reasonable fee may be paid by the City and/or the Housing and Redevelopment Authority to defray the pro rata share of such public parking with the pro rata share determined on the basis of public use and to be determined on cost to V.R. Rooney related to said public use. w r • 3. The parties to this agreement further understand that prior to initiating use of such public parking an agreement will, no doubt, be required setting forth the responsibilities of each party and the fee or cost, if any, for such allowed public use. It is anticipated that the agreement shall be for approximately a one year renewal term so the parties to the agreement have the benefit of the experience in usage of the parking. 4. The City agrees to provide liability insurance and to hold the owner harmless and indemnify the owner for damage caused by public parking in the public parking area as said area and parking is defined in the agreement referred to in Item 3 above and to the extent allowed by the State Statutes. V.R. ROONEY Title and Title (SEAL) State of Minnesota ) ) ss County of Hennepin) On this day of , 1980, before me, a notary public, within and for said County, personally appeared, who, being each by me duly sworn did say that they are respectively the and the of the Corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Governors and said and acknowledged said instrument to be the free act and deed of said corporation. (SEAL) 4111 Attest: City Clerk Notary Public, Hennepin County, Minn. My Commission Expires , 1980. CITY OF ST. LOUIS PARK By Its By Its