Title
Authorizing the City to enter a lease amendment with the Board of Water Commissioners.
Body
WHEREAS, the Board and the City entered into a Lease Agreement for property owned by the City and located within Section 10, Township 28, Range 22, commonly referred to as Pig’s Eye Regional Park; and
WHEREAS, the Board intended to use the property to construct, operate, and maintain excavated soils recycling and storage, and
WHEREAS, the Board is unable secure the necessary approvals under requirements from the Minnesota Pollution Control Agency to use the property for the purposes contemplated in the lease; and
WHEREAS, the Board sought, as an alternative to the approvals required, to secure a permit from a nearby railroad to accomplish the purposes of this agreement, but such efforts were unsuccessful; and
WHEREAS, the Lease Agreement was for an initial term of July 13, 2021 through December 31, 2041, and
WHEREAS, in consideration of its right to use the site, the Board paid the City a rental payment and portion of the cost for schematic design of Pig’s Eye regional park; and
WHEREAS, in order for the Board to give the City notice to terminate the Lease Agreement, an amendment needs to be made to allow the Board to terminate the Lease in the event that it is unable to use the property for the purposes intended under the Lease Agreement; now, therefore, be it
RESOLVED, that the City Council of the City of Saint Paul authorizes the appropriate City officials to enter into the attached Amendment.