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HomeMy WebLinkAbout1998-046RESOLUTION No. 98-46 APPROVAL OF LEASE EXTENSION AGREEMENT BETWEEN THE CITY OF STILLWATER, ST. CROIX BARGE TERMINAL CO., AIPLE TOWING COMPANY AND ELAINE J. AIPLE BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the lease extension agreement between the City of Stillwater, St. Croix Barge Terminal Co., Aiple Towing Company and Elaine J. Aiple to extend their current lease from September 22, 1998 to December 31, 1998 is hereby approved, and the appropriate city staff is authorized to sign said contract. Adopted by the City Council this 17~' day of February, 1998. Jay imble, Mayor ATTEST: Mor i Weldon, City Cler ADDENDUM AND LIMITED EXTENSION AGREEMENT THIS AGREEMENT is made this 17thday ofFebruary1998, between the City of Stillwater, Washington County, Minnesota, a Municipal Corporation, ("City") and Stillwater St. Croix Barge Terminal Co., a Minnesota Corporation, Aiple Towing Company and Elaine J. Aiple, ("Aiple"). 1. The City and Aiple are parties to a Lease (the "Lease") made on the 22"d day of September, 1958, with regard to property adjacent to the St. Croix River commonly known as the Barge Terminal property described with more particularity in Exhibit "A" ("Leased Property"). 2. The Lease will be terminated according to its terms at the expiration of forty (40) years, which will occur on the 22"d of September, 1998, and at that time Aiple will have no right, title or interest in the Leased Property. 3. Aiple has requested that the City grant a limited extension to the Lease for only a part of the Leased Property, more particularly described in Exhibit "B" ("the Extension Property"). 4. The purpose of this limited extension would be to allow Aiple to finish work that is in process in order that Aiple be allowed to vacate the Extension Property without damage or waste and with minimum disruption of thepresent business cycle. This limited extension with regard to the Extension Property will not operate to extend the Lease on the remainder of the Leased Property which will be terminated in all ways on September 22, 1998. 5. In return for the limited extension with regard to the Extension Property, Aiple agrees to allow the City immediate possession of the remainder of the Leased Property subject to the limitation that the City's use and possession of the property may not interfere with or impede the "winding up" activities of Aiple remaining to be done on the Lease Property. 6. That the City hereby grants to Aiple an extension of the Lease until the 31 S` day of December, 1998, with regard to the Extension Property described in Exhibit "B", and the terms of the Extension will be the terms of the original Lease. 7. That this Limited Extension will not serve to hind the City to any further extensions or to create any rights of any kind, vested or otherwise, in the Extension Property or the remainder of the Leased Property. 8. Any lease rights in the remainder of the Leased Property will terminate according to the original Lease on September 22"d, 1998. CITY OF STILLWATER ,~ 3a~/L ~~' e, ~ or ATTEST: Morli ldon, Clerk STILLWATER ST. CROIX BARGE TERMINAJ., CO. Elaine J. Aiple, Its President STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this ~ d of Februar~998, before me appeared Jay L. Kimble and Morli Weldon, respectively the Mayor and the Clerk of the City of Stillwater, a municipal corporation, who executed the foregoing instrument at the free act and deed of the City. `~ .. N!~)f Pub is o ~~~. ~ 1 NILE L. KRfESEL r` NOTARY PUBLIC-MINNESOTA ' • • - ' WASHINGTON COUNTY ;, ~~••~ My Commission Expires Jan. 31, 2000 STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this day of Februai;yi998, before me appeared Elaine J. Aiple, respectively the President of the Stillwater St. Croix Barge Terminal Co., a Minnesota corporation, who executed the foregoing instrument at the free act and deed of the company. Notary Public EXHIBIT "A" All that part of Government Lot One (1), Section Twenty-seven (27), and of Government Lots Two (2) and Three (3), Section Thirty-four (34), in Township Thirty (30) North, Range Twenty (20) West, described as follows: Commencing at the Meander Corner of the West line of said Section Twenty-sin (27) where said West line of Section Twenty-seven (27) intersects the Westerly shore line of Lake St. Croix, thence South along said West line of said Section Twenty-seven (27) to its intersection with the Easterly right of way line of the Chicago, St. Paul, Minneapolis and Omaha Railway; thence Southerly along said right of way line to the North line of Lot Five (5), Block One (1), of Hersey, Staples and Co.'s Addition to Stillwater, extended West. to the said Easterly right of w~ty line of said Chicago, St. Paul, Minneapolis and Omaha Railway; thence East along the North line of said Lot Five (S), Block One (1) as extended and along the North line of said Lot Five (5), Block One (1), and an extension thereof to the Westerly shore line of Lake St. Croix; thence in a Northerly direction along the Westerly shore line of said Lake St. Croix to the point of beginning. EXHIBIT "A" EXHIBIT "B" The South 1200 feet of the property described in Exhibit "A". EXHIBIT "B"