HomeMy WebLinkAboutCouncil Information Memorandum 02-22-1996J2
FEBRUARY 22, 1996
UPCOMING MEETINGS AND EVENTS
1. COUNCIL MEETING SCHEDULE FOR FEBRUARY:
MARCH 6 7:00 P.M. REGULAR COUNCIL MEETING
City Center Lunchroom, Lower Level
MARCH 13 7:00 P.M. SPECIAL COUNCIL MEETING
• Wetland Mitigation for the Recreational sports
complex
• Zoning Text Amendments for the City Center
Districts
• Zoning Map Amendments
• Revocation of Plymouth Hills MPUD 78-2
• Site Plan Approval for Temporary Sales Office,
Life Time Fitness
City Center Lunchroom, Lower Level
MARCH 20 7:00 P.M. REGULAR COUNCIL MEETING
City Center Lunchroom, Lower Level
2. PLANNING COMMISSION, TUESDAY, FEBRUARY 27, 7:00 P.M., City Center
Lunchroom, Lower Level. Agenda is attached. (M-2)
3. BOARD AND COMMISSION RECEPTION, WEDNESDAY, MARCH 6, 5:30 P.M.,
Public Safety Training Room.
4. HUMAN RIGHTS COMMISSION, THURSDAY, MARCH 7, 7:30 P.M., Medicine Lake
Meeting Room. Agenda is attached. (M-4)
CITY COUNCIL INFORMATION MEMO
February 22, 1996
Page 2
5. MEETING CALENDARS - The February, March and April meeting calendars are attached.
(M-5)
1. MEETING MINUTES
a. February 13, 1996 Planning Commission Minutes. (I -la)
2. NEWS ARTICLES, RELEASES, PUBLICATIONS, ETC.
a. Wayzata Public Schools Report from the Board, February 12. (I -2a)
b. League of Minnesota Cities February 16 Cities Bulletin article on activity surrounding the
tobacco regulation legislation. (I -2b)
c. Association of Metropolitan Municipalities/League of Minnesota Cities notice of building
dedication and open house, 145 University Avenue W., St. Paul, on Thursday, February 29,
from 2:45 - 5 p.m. (I -2c)
d. Invitation to Zachary Lane Schools Minnesota Excellence Award ceremony at Armstrong
High School, Thursday, February 29, at 7 p.m. (I -2d)
e. Invitation to the grand opening of the State Farm Insurance Plymouth area claims office,
15600 37th Avenue N., Tuesday, March 19, 11 a.m. - 2 p.m. (I -2e)
f. Update of transit legislation pursued by Suburban Transit Association, the `bpt-out" transit
communities. Copied from the League of Minnesota Cities Update. (I -2f)
3. CITIZEN COMMUNICATIONS POLICY - CORRESPONDENCE
A status report on correspondence is attached.
4. CORRESPONDENCE
a. Congratulatory letter from Wayzata Public Schools Superintendent Paul Beilfass on the
success of the recreational facilities referendum. (I -4a)
b. Notice to property owners about the contract award for the replacement of the Medicine
Lake Outlet Dam, and subsequent temporary closure of South Shore Drive, effective March
4. A similar letter was sent to Medicine Lake Mayor Tom Schrader, asking that City of
Medicine Lake businesses and residents be notified of the temporary road closure (I -4b)
Dwight Johnson
City Manager
M-2
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PLANNING COMMISSION AGENDA
TUESDAY, FEBRUARY 27, 1996
WHERE: Plymouth City Center
3400 Plymouth Blvd.
Plymouth, MN 55447
CITY CENTER LUNCHROOM (Lower Level)
CONSENT AGENDA
All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one
motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in
which event the item will be removed from the consent agenda and considered in normal sequence on the agenda.
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A. Orchids Limited. Site Plan Amendment to allow construction of a 42 -foot by 60 -foot pole building
for the Orchids Limited business, located at 4630 Fernbrook Lane North. (95138)
51SEEF1211: 69 1 DFAR QRR
A. Skyline Design. Amended Planned Unit Development Plan and Conditional Use Permit to allow the
construction of a 12 -foot by 15 -foot three season porch at 994 Zanzibar lane North. (96002)
B. Carlson Real Estate Co. Land Use Guide Plan Amendment to reguide 21.72 acres from CR -2 (Retail
Shopping) to IP (Planned Industrial); a Rezoning of 21.72 acres from B-2 (Shopping Center Business
District) to I-1 (Planned Industrial District); a Preliminary Plat, Final Plat and a Variance for the
creation of five lots; and a Site Plan for the construction of five multi -tenant office warehouse
buildings. The Variance requested for Lots 4 and 5 is for the creation of lots without street frontage.
The property is located in the 100 block of Cheshire Lane North, east of I-494. (95133)
C. Orrin Thompson Homes. Planned Unit Development Preliminary Plan/Plat and Conditional Use
Permit for Westbranch 4th Addition, for 22 twinhome lots, one single family detached lot, and one
outlot for property located northeast of Dunkirk Lane and Rockford Road. (95139)
D. Welsh Companies. Planned Unit Development Preliminary Plan Amendment, Conditional Use
Permit, and Final Plan for two office/warehouse buildings at Plymouth Business Center, located
between I-494 and Annapolis Lane north of 34th Avenue (Extended). (96006)
Selction of Planning Commission Chairman and Vice -Chairman for 1996
n . 1 T/1 TTNA -TT
Plymouth Human Rights Commission
March 7, 1996 7:30 PM
Agenda
I. Call to Order
U. Approval of Agenda
III. Approval of Minutes
IV. Old Business
a. Elect Chairman
b. 1996 Proposed Calendar of Activities
c. Conflict Resolution Brochure Development
V. New Business
a. Changing At -large and Ward 4 designations
b. Report on St. Joseph's Diversity Conference
c. Discussion of Recent City Council Actions
VI. For Information
a. Institute on Race and Poverty Conference --April 12 - 13
b. West Suburban Mediation Fourth Quarter Report
VII. Adjournment
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CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
FEBRUARY 13, 1996
MEMBERS PRESENT: Acting Chairman Allen Ribbe, Commissioners John Stoebner,
Roger Berkowitz, Jeff Thompson, Tim Bildsoe, and Saundra
Spigner
MEMBERS ABSENT: Chairman Mike Stulberg
STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara Senness,
Senior Planner John Keho, Planner Shawn Drill, City Engineer
Dan Faulkner, and Clerical Supervisor Denise Hutt
1. Call to Order: The meeting was called to order at 7:00 p.m.
2. Public Forum: None...
3. Approval of Agenda: Acting Chairman Ribbe noted the revised agenda. MOTION
by Commissioner Spigner, seconded by Commissioner
Berkowitz to approve as revised. Vote. 6 Ayes. Approved
unanimously.
4. Approval of Minutes:
MOTION by Commissioner Spigner, seconded by Commissioner Bildsoe to approve the
January 24, 1996 Planning Commission Minutes.
Vote. 6 Ayes. MOTION carried unanimously.
MOTION by Commissioner Berkowitz, seconded by Commissioner Bildsoe, to approve the
February 8, 1996 Planning Commission Minutes.
Vote. 6 Ayes. MOTION carried unanimously.
5. CONSENT AGENDA
No items.
Planning Commission Minutes
February 13, 1996
Page # 32
6. PUBLIC HEARINGS
A. City of Plymouth (96009)
Acting Chairman Ribbe presented the request by the City of Plymouth for an Amendment to
Ordinance No. 80-9, the Plymouth Zoning Ordinance, to create City Center Districts and
related allowable uses and performance standards.
Planning Supervisor Senness stated that the City Center plan was adopted by the City
Council on January 23, 1996. On January 25, 1996, the Metropolitan Council found the
Comprehensive Plan amendment to have no potential impact upon metropolitan systems
plans and that the City could put the amendment into effect immediately. The proposed text
amendments are the first of three actions to be considered by the Planning Commission.
Planning Supervisor Senness introduced David Licht, consultant.
Mr. Licht gave an overview of the Ordinance Amendment as proposed, outlining that the
amendment creates four districts. -
Director Hurlburt commented that staff received a letter dated February 7, 1996, from James
Guddal that is part of the staff report. She added that staff did recommend a specific change
to the draft ordinance after receiving Mr. Guddal's letter to add "art galleries" as a permitted
use in the CC -R and CC -RE Districts.
Director Hurlburt also stressed that this agenda item pertains to the text amendment for the
City Center Zoning Districts.
Acting Chairman Ribbe opened the public hearing.
Acting Chairman Ribbe introduced James Guddal of 4465 Vicksburg Lane.
Mr. Guddal asked what the design criteria is for plazas as it refers to on Page 12 (e). He
stated it is not clear whether or not a school such as the Minnesota School of Business is
allowed in the Trade School category as noted on Page 9 (f). He stated that a business school
is very much an office use and should be a permitted use, not a conditional use.
Acting Chairman Ribbe introduced Ken Streeter of 13100 35th Avenue North.
Mr. Streeter asked for clarification on parking spaces, specifically as it relates to Page 11 (a)
(1) and (2). He stated that there is a need for flexibility depending upon a design that may be
more aesthetically pleasing.
Acting Chairman Ribbe introduced Robert Guth of 2925 Holly Lane.
Planning Commission Minutes
February 13, 1996
Page #33
Mr. Guth asked what will happen to his property (liquor store) if the ordinance is approved.
Mr. Guth stated that under the proposed ordinance, his property would be zoned as CC -RE,
and it would be more appropriate under CC -R. He stated that if the CC -RE zoning is
approved, language should be added to include liquor stores as a permitted use.
Mr. Guddal asked if the maintenance standards have been developed for water quality
ponding areas, and what it would cost the owners.
Acting Chairman Ribbe closed the public hearing.
In response to Mr. Guddal's question, Director Hurlburt stated that water quality ponds are
now required for all new developments in the City.
City Engineer Faulkner stated that all developers are required to sign a pond maintenance
agreement. The agreement states that the developer is responsible to keep the ponding area
the same as it was in the original design. Before the City signs off on the developers
financial guarantee, it would be inspected to -see if the ponding area is functioning. He added
that it would be hard to estimate the maintenance frequency at this time.
Mr. Streeter asked when a pond has multiple owners, if there would be the capability of the
City maintaining the pond and billing the owners.
City Engineer Faulkner replied that the details have not been worked out yet, but the issue
could be raised before finalizing the Water Quality Plan.
In response to Mr. Guddal's question regarding plazas, Director Hurlburt stated that the
intent is to provide a space for public gathering at the entrance of major buildings. There
would be flexibility depending upon the design and the business proposed.
Mr. Guddal asked if each project would be evaluated individually.
Director Hurlburt responded affirmatively. She added that the plaza would only pertain to
buildings that are over 30,000 square feet.
Mr. Licht responded to Mr. Streeter's issue for clarification of parking spaces. He stated that
the parking standards are reflective of design standards of the approved plan. The concept is
to bring the buildings to the front of the property. The standards allow for flexibility
according to design considerations.
In response to Mr. Guddal's question of trade and vocational schools, Mr. Licht stated that a
business or commercial type of business school would fall under vocational or trade school.
Planning Commission Minutes
February 13, 1996
Page # 34
The traffic is different for these types; thus, a Conditional Use Permit is required, and granted
if the use is conforming. _
In response to Mr. Guth's question of his liquor store, Mr. Licht stated that off sale liquor is a
permitted use in the CC -R district and therefore, is a conditional use in the CC -RE district.
Mr. Licht stated that Mr. Guth's liquor store activity is not precluded.
Mr. Guth commented that if a Conditional Use Permit is required, it may or may not be
approved.
Mr. Licht explained the legal framework of a Conditional Use Permit, which is a permitted
activity provided certain conditions are met. Mr. Licht contended that there is some degree
of judgment required, but that the ordinance works in the favor of the property owner.
MOTION by Commissioner Spigner, seconded by Commissioner Bildsoe to recommend
approval of the request by the City of Plymouth for an Ordinance Amending Ordinance No.
80-9, The Plymouth Zoning Ordinance, by creating City Center Districts and related
allowable uses and performance standards.
Director Hurlburt asked if the MOTION included incorporating art galleries as a permitted
use.
Commissioner Spigner and Commissioner Bildsoe responded affirmatively.
Commissioner Spigner asked if Mr. Guth's liquor store would have certain rights under the
new ordinance.
Director Hurlburt explained that under the new administrative procedures for an existed use
in a new zoning classification, would mean that the liquor store would automatically be
considered a conforming use.
Roll Call Vote. 6 Ayes. MOTION carried unanimously.
B. City of Plymouth (96010)
Acting Chairman Ribbe introduced the request by the City of Plymouth for Rezoning of the
property in the Plymouth City Center Area (also known as Downtown Plymouth), to several
new "City Center" zoning districts.
Director Hurlburt gave an overview of the February 8, 1996 staff report. Director Hurlburt
stated that a letter dated February 8, 1996, was received from Carlson Real Estate Company,
which has an interest in the land directly south of the Cub Foods Store. The concept plan
proposes to realign 35th Avenue to the north side of this property, to provide a full
Planning Commission Minutes
February 13, 1996
Page # 35
intersection with Vicksburg Lane. Carlson submitted a sketch that shows a retail center on
this site, with the road aligned along the south side of the property. Carlson requested that
the property be zoned CC -R rather than CC -RE. That would permit convenience retail uses
not permitted by right in the CC -RE district.
Director Hurlburt stated that staff does not support Carlson's request at this time because they
are skeptical that the road alignment shown on the sketch would be feasible, given the
stacking distance and turning movements that would occur. Staff was concerned that
reducing the land area of this district may have an adverse impact on the viability of the
entertainment concept. Further, zoning the Carlson site CC -R would be inconsistent with the
Concept Plan and Design Guidelines and therefore inconsistent with the Comprehensive
Plan.
Acting Chairman Ribbe stated that there seems to be a great deal of concern between the CC-
R and CC -RE districts. He asked how staff views the differences and what constitutes an
approvable use.
Director Hurlburt explained that the CC -RE district is the only one that allows theaters and
other entertainment uses. The CC -R district is geared toward retail and shopping uses.
Conditional uses are considered appropriate under compatibility with the City Center Plan.
Acting Chairman Ribbe opened the public hearing.
Acting Chairman Ribbe introduced Ken Streeter of 13100 35th Avenue North.
Mr. Streeter requested an amendment to the CC -R district to allow restaurants/cafes without
requiring a Conditional Use Permit.
Director Hurlburt pointed out that Mr. Streeter's request was an issue that should have been
raised during the previous public hearing, as the text was just approved. Director Hurlburt
stated that the Commissioners could reconsider the previous amendment.
Acting Chairman Ribbe introduced Brad Lis, representing Carlson Real Estate, 2222 Plaza
VII, Minneapolis.
Mr. Lis stated that there are restricted covenants that prohibit the property from being used
for a theater. Mr. Lis, stated that wherever 35th Avenue ends up, the property north of it
should be zoned CC -R. Mr. Lis commented that the proposal is inconsistent with what the
City Council told him.
Acting Chairman Ribbe introduced James Guddal of 4465 Vicksburg Lane.
^7 - I z
Planning Commission Minutes
February 13, 1996
Page # 36
Mr. Guddal asked if the items raised in his letter dated February 7, 1996 had been addressed
in the previous public hearing.
Director Hurlburt replied affirmatively. Director Hurlburt gave an overview of the issues
raised by Mr. Guddal in his letter. Mr. Guddal's letter suggested that auto stores should be a
permitted use in the CC -OT district. Barber and Beauty Shops should be a permitted use, not
a conditional use and Carpet, Rug and Tile should be a conditional use. Director Hurlburt
stated that the City Center deliberately excludes new automobile -oriented uses. Those uses
are more appropriate in highway business locations, not in a "downtown" area. The amount
of car traffic to the use in not the main factor, but the character of the use. Barber and Beauty
shops are personal services uses. All of these uses may not be appropriate in the CC -OT
district, so a conditional use requirement is recommended. Carpet and tile stores are geared
toward the retail market and are uses that require large spaces for storage. It is possible that
an oriental rug shop, if it sells one -of -a -kind pieces, could be treated as an art gallery for
zoning purposes. Distribution centers are uses that generate heavy truck traffic and should be
not permitted in City Center. A business school would fall into the category of "trade
school/vocational school" and is listed as a conditional use in the CC -OT district.
Mr. Guddal stated that the Rasmussen School of Business is an example of a commercial
business with no difference in the amount of traffic or people traffic. A business of that kind
should be a permitted use and not a conditional use.
Director Hurlburt explained that there are different types of trade schools with different
traffic patterns, which makes it so variable and that is why staff is requesting a Conditional
Use Permit. The Conditional Use Permit would give staff the opportunity to review each
proposal. The burden of proof would be on the City that a business would not be allowed
under the standards.
Mr. Guddal stated that the definitions should be clear enough so that proposed uses do not
end up in court. Mr. Guddal stated that he was concerned that the new Commissioners have
not had the opportunity to become familiar with the issues concerning the City Center plan.
Acting Chairman Ribbe assured Mr. Guddal that the new Commissioners had been
thoroughly briefed and attended study sessions regarding the issues.
Mr. Guddal asked if carpet, rug and tile businesses would be a permitted under the proposed
C-4 district.
Director Hurlburt replied affirmatively.
Mr. Guddal commented that the new recreation center would generate a million trips per day.
He asked why the City is promoting the recreational center if they are so concerned with
businesses that create more traffic.
Planning Commission Minutes
February 13, 1996
Page # 37
T- 12
Director Hurlburt replied that the recreational center projects approximately one million trips
per year. She stated that the issue is for auto accessory stores is not traffic, but rather the
nature of use, which is geared to motorists and not pedestrian friendly, thus not appropriate
for a "downtown" setting.
Mr. Guth stated that he is apprehensive about having to obtain a Conditional Use Permit and
wants his property zoned CC -R.
Mr. Guddal stated that the properties surrounding his property caters to the motoring public,
and his property should be zoned CC -R.
Acting Chairman Ribbe closed the public hearing.
In response to Mr. Lis, Director Hurlburt stated that the zoning must follow definite lines
based on today's parcel descriptions. She added that the boundary can be moved later, but it
may not be necessary, depending upon the proposals.
Director Hurlburt explained that right now everything that goes in to downtown Plymouth
requires a Conditional Use Permit because of amending the Planned Unit Development. If
the proposal is approved, there will be more uses that are permitted, rather than requiring a
Conditional Use Permit.
Mr. Lis stated that the Comprehensive Plan showed the street going through and the proposed
Zoning District map does not. He stated that it does not make sense that the land north of the
street is being proposed CC -RE.
Director Hurlburt stated that the proposed Zoning District map shows the lines for current
existing conditions.
Commissioner Spigner asked what types of restaurants would not be appropriate under the
proposed zoning ordinance.
Director Hurlburt stated that both the CC -RE and the CC -R allow restaurants. The CC -RE
allows sit down restaurants and the CC -R requires a Conditional Use Permit. Freestanding
restaurants are not allowed to have drive-thrus.
MOTION by Commissioner Bildsoe, seconded by Commissioner Spigner to recommend
approval of the zoning map amendments, consistent with the Concept Plan and Design
Guidelines and the Comprehensive Plan.
Roll Call Vote. 6 Ayes. MOTION carried unanimously.
Planning Commission Minutes
February 13, 1996
Page # 38
Director Hurlburt stated that if the Commission wishes to change any language in the zoning
ordinance, they would now need to reconsider their first action.
Acting Chairman Ribbe asked if the Commissioners if anyone want to make a motion.
No motion made.
6C. CITY OF PLYMOUTH (96011)
Acting Chairman Ribbe introduced the request by the City of Plymouth for Revocation of
Plymouth Hills MPUD (Mixed Planned Unit Development) Conditional Use Permit Number
78-2, as it applies to the property in the Plymouth City Center Area (also known as
Downtown Plymouth). The City of Plymouth proposes to eliminate the MPUD designation .
for this area and replace it with new zoning districts establishing allowable uses and
performance standards.
Director Hurlburt gave an overview of the February 8, 1996 staff report.
Commissioner Thompson asked if existing uses would be considered conforming.
Director Hurlburt replied affirmatively. The proposed action would eliminate the Planned
Unit Development from the downtown area.
Acting Chairman Ribbe opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Thompson, seconded by Commissioner Stoebner to recommend
the revocation of the Conditional Use Permit for Mixed Planned Unit Development 78-2, for
property located north of Highway 55 and east of Vicksburg Lane.
Roll Call Vote. 6 Ayes. MOTION carried unanimously.
7. NEW BUSINESS
A. 1996 Planning Commission Annual Work Program
Director Hurlburt gave an overview of the February 7, 1996 staff report. Director Hurlburt
stated that the City Council recently adopted their goals, so there may be some changes to
adjust for the Councils' priorities.
Commissioner Ribbe asked if staff had received any further correspondence regarding
Metropolitan Livable Communities Housing.
Planning Commission Minutes
February 13, 1996
Page # 39
Director Hurlburt stated that the Metropolitan Council had approved the City's goals, with
the next step being to draft a housing plan to achieve those goals.
Commissioner Stoebner asked for a description of the goals.
Director Hurlburt replied that the main goals are affordability, increased density, and, in
increase the amount of alternatives to single family detached homes. Plymouth has a need
for affordable housing of all types and the City needs to set goals to increase that amount.
Acting Chairman R.ibbe asked in regards to the Action Plan, if staff envisions rezoning of
existing housing areas or undeveloped areas.
Director Hurlburt replied that realistically, only undeveloped parcels would be looked at.
There is a very small of supply of land left for development. Should the urban service area
need to be expanded, there would be a need to create new zoning classifications for that area.
MOTION by Commissioner Berkowitz, seconded by Commissioner Spigner to adopt the
work plan for 1996 and forward it to the City -Council for their approval.
Vote. 6 Ayes. MOTION carried unanimously.
MOTION by Commissioner Spigner, seconded by Commissioner Stoebner to adjourn.
Vote. 6 Ayes. MOTION carried unanimously.
Meeting adjourned at 8:30 p.m.
REPORT ROM THE BOARD
INDEPENDENT SCHOOL DISTRICT 284
February 12, 1996: The Regular Board Meeting
was called to order at 7:30 p.m. at the District
Administration Building.
BOARD PRESENT --Debra L. Jamrogiewicz,
Patricia L. Gleason, Karen M. Parks, Paul L.
Landry, Thomas J. Ahmann, Monica M.
Manuell, Gregory D. Rye.
ADMINISTRATION & STAFF PRESENT: Paul R.
Beilfuss, Superintendent; Martha Tiede, Execu-
tive Director of Curriculum and Instruction;
Natalie Malphrus, Executive Director of Finance
and Business Services; Paul A. Donley, Executive
Director of Human Resource Services; Lucille M.
Balombiny, Executive Assistant to the Supenn-
tendenL
APPROVAL OF AGENDA: During 1996.97 the
Board is using a Consent Agenda. Routine, aster-
isk items (') are enacted by one motion, unless
otherwise requested. The agenda and the
*Consent Agenda items were approved as rec-
ommended.
*APPROVAL OF MINUTES: Minutes of the
Nov. 30 and Dec. 7, 1995, public hearings, and
Dec. 18, Jan. 8, Jan. 16, and Jan. 22 Regular and
Special Board meetings were approved
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O Employees of the Month —Gleason Lake
Elementary Vocal Music Specialist Jill Bowman
Cashman and Physical Education Specialist
Denise Falls were recognized as Employees of
the Month for February 1996.
O MSBA Certificates — Minnesota School
Boards Association Certificates were presented
to Monica Manuell and Karen Parks for comple-
tion of the New Board Member Orientation
Series, Phases 1, Il, and 111. This required a signif-
icant commitment of personal time to complete
the courses which covered all areas of School
Board service and responsibilities.
O Student Councils — Katie Chay, Wayzata
High School student council member, reported
on school activities and introduced Sarah
Kleppe who discussed Heart Week activities
(Feb. 12-16). '1 have never seen so many hearts
in one place,' said Monica Manuell in reference
to Heart Week decorations at the high school.
O Parent-Teacher Groups — None.
O Others — Penny Henderson and Connie
Hughes presented the Board with concerns on
the Special Education Program and urged con-
sideration of the creation of a Special Education
Parent Advisory Committee, a Multi -Disciplinary
Committee, and the commitment of additional
resources.
Superintendent:
O Progress Report on Construction of New
Wayzata High School — Kevin Strong, construc-
tion manager from M.A. Mortenson Company,
and Ken Grabow, architect from Armstrong,
Torseth, Skold & Rydeen, reported on construction
progress. Strong noted Bid Package #4 received
favorable results, and that the site work package
will come out in March. Steel for the buildings
also will be installed in March. Strong said the
cold weather this month has affected work on the
construction project. 'Our efforts are to get back
that momentum,' said Strong.
O Change Order - New Wayzata High School
Construction Project —The Board approved the
Change Order with Harmon in the amount of
$67,095 for the upgrade option for the six main
entrances of the new Wayzata High School.
O Proposed Policy JLCEA'Do Not
Resuscitate/Do Not Intubate Orders' — The
Board adopted Proposed Board Policy JLCEA'Do
Not Resuscitate/Do Not Intubate Orders.'
O Proposed Board Policy BDDH "Public
Participation in School Board Meetings and
Work Sessions' - First Reading — The Board
accepted for a first reading Proposed Policy BDDH
'Public Participation in School Board Meetings
and Work Sessions.'
O • Bid Awards - Partial Bid Package Number 4 -
New High School Construction Project — The
Board rescinded the bid award to Haldeman
Homme, and approved bid award for the Oak lab
Casework as part of Bid Package #4 to Kewaunee
for $935,232.
O'Agreement/Contract Amendment —The
Board approved the following as recommended:
First Amendment to Joint Powers Agreement with
City of Plymouth, Second Amendment to
Construction Management Contract with M.A.
Mortenson Company, and First Amendment to
Architectural Contract with Armstrong, Torseth,
Skold & Rydeen.
............
[um.and.li�stcuctiort
O Middle School Progress Report— Martha Tiede,
executive director of curriculum and instruction,
and Terry Tofte, West Junior High principal,
reported on the information meetings and the two
proposed middle school structures. 'We call our-
selves a work in progress,' said Tiede who stressed
that the committee is only gathering information
on both proposed middle school structures. They
uary 12, 19961.,'
are not making a rlc�mmendation forgithE
structure. The committee willpresent theif�,�
mation to the Board on March 41 A ptibili or
is scheduled for March 13, 7 p.m., at the high
school large cafeteria.
Finan c Lt. "Ahl siness.-SEW.1cns
O Integrated Computer Systems Study and
Recommendations — The Board approved
Skyward, Inc. as the District's financial and stu-
dent systems in the initial amount of $412,309.
O Monthly Financial Reports — The Board was
supplied with information on the Monthly
Financial Report which details fund and budget
status data as of Dec. 31, 1995. Also enclosed
were the November 1995 and December 1995
Student Activity Reports, and the Bond Issue
Summary report as of Feb. 1, 1996, which pro-
vides financial data on the $64,000,000 Bond
Referendum projects. These reports were provid-
ed for School Board information; no action was
required.
O'Bid Award - Asbestos Abatement— The
Board awarded the Asbestos Abatement bid to
National Surface Cleaning Corporation in the
amount of $199,480.
O'Finance and Business Recommendations —
These routine items were presented for Board of
Education review and approval through a single
consent motion.
O'Monthly Bills —The following list itemized
claims for which the Board of Education autho-
rized payment.
General Checking
Account January 1996 S 3,763,998.26
Wire Transfer for
December 1995 $ 21,960,412.00
O'Gifts —The District received the following
gifts which are in compliance with current
District policy and guidelines.
Amount Donated By Purpose
$1,500. Sunset Hill PTA Daily agenda
notebooks, Gr. 2.6
$50. Walser Chrysler Sunset Hill
Plymouth, Inc. Geography Bee
$873.50 Oakwood PTO Five overhead
projectors
$100. North Am. East Jr. High 7th
Outdoor Group, Grade
Inc. nn
Hum:::::.::.::::esorce
01996-1997 School Year Calender —The
Board adopted the 1996.97 School Year Calendar
as recommended. The Board chose Option B,
which schedules staff development days on Jan.
20 and Feb. 17. Schools begin on Sept. 3 for all
students.
O Recommendation to Hold Closed Board
Meeting Regarding Negotiations — The Board
scheduled a closed Board meeting for Monday,
.P* ,2a
page 2
Feb. 26, 1996, immediately following the
4 p.m. work session at the District
Administration Building. The Board will dis-
cuss negotiations strategies.
O *Human Resource Recommendations —
The Board approved the resignations of Amy
Alexander, Kathleen DeWitte, and Caroline
O'Hara, elementary teachers currently on
leave without pay, and Susan Rosenberger,
Vision 21 teacher at Birehview Elementary.
The Board approved retirement for Myra
Chazin, elementary teacher in District 284
since 1974. Chazin's retirement will beeffec-
tive at the close of the the 1995-96 school
yeaL The Board also approved retirement for
Rose Klobuchar, District 284 elementary
teacher since 1976. Klobuchar's retirement
will be effective at the close of the 1995-96
school year. The Board approved early retire-
ment for Elizabeth Fillings, elementary teacher
since 1967, Jim Libby, elementary principal
since 1970, John Muchlinski, athletic director
since 1986 and District employee since 1964,
and Marian Nicholson, Widsten/Gleason lake
teacher since 1966. Fillings', Libby's, and
Nicholson's retirements will be effective at the
close of the 1995-96 school yeaL Muchlinski's
retirement will be effective June 30, 1996. The
Board approved a leave without pay for
Patricia Joslin, Oakwood principal, effective
July 1, 1996, for the 1996-97 school year.
Joslin plans to pursue interests such as writ-
ing, teaching at the graduate level, or educa-
tional consulting during her year away. The
Boar6approved child are leave for Jilt Yeager,
Greenwood Elementary teacher, effective
March 4, 1996, through March 20, 1996. The
Board approved contract modification for
Nathan Holland, Math -1st Semester-East/West
(extend 1.0 contract for 2nd semester); and
employment for Nancy Engel, .2
Communications at East Junior High.
O Reschedule March 19% Regular Board
Meeting — The Board rescheduled the March
regular meeting from Match 11 to March 18.
The schedule will be:
4-6 p.m. — Board Work Session
6.7:15 p.m. — Dinner break
7:30 p.m. — Regular Board meeting
O Board Appointments and Committee
Structure for 1996 — The Board approved
Board Appointments and Committee Structure
as recommended. Board appointments for
1996 are: Business Education Partnership
Advisory Council, Gregory Rye;
Communications Committee, Karen Parks;
Communities in Collaboration Council, Paul
Landry; Community Education Services
Advisory Council, Karen Parks; Educational
Cooperative Service Unit (ECSU), Paul Landry;
Intermediate District 287, Patricia Gleason
and Monica Manuell; Minnesota State High
School League and School/Community Athletics
Task Force, Greg Rye; National School Boards
Association, Patricia Gleason; Parent-Teacher
Liaison Committee, Monica Manuell; TIES
(Technology and Information Educational
Services), Debra Jamrogiewicz; Wayzata Area Public
Schools Foundation, Paul Landry; Wayzata -
Plymouth Area Chemical Health Commission,
Greg Rye.
Board of Education 1996 Committee Structure:
Standing Committees: Curriculum and
Instruction -Karen Parks, chair, Debra
Jamrogiewicz, Monica Manuell, and Martha Tiede;
Finance and Business -Thomas Ahmann, chair,
Debra Jamrogiewicz, Paul Landry, and Natalie
Malphrus; Human Resources -Patricia Gleason,
chair, Monica Manuell, Greg Rye, and Paul
Donley, Legislative Relations -Patricia Gleason,
chair, Thomas Ahmann, Paul Landry, Paul Beilfuss,
and Natalie Malphrus; Facilities Development and
Long -Range Planning -Greg Rye, chair, Debra
Jamrogiewia, Karen Parks, Paul Beilfuss, and
Natalie Malphrus; Ad Hoc Committees: Procedures
for Audience Participation at Board Meetings -
Debra Jamrogiewicy Thomas Ahmann, and Paul
Beilfuss; Superintendent's Evaluation
/Compensation -Thomas Ahmann, Patricia
Gleason, Karen Parks, and Paul Beilfuss.
O Karen Parks reported on collaborative efforts of
the Community Education Services Advisory
Council and area religious organizations to provide
programs for 'Home Alone' children.
O Patricia Gleason and Superintendent Beilfuss
reported on activities of the legislative committee
and the impact of pending education legislation;
they urged support for House File #2345, which
would repeal a reduction in the state formula
weighting that would cost District 284 approxi-
mately $1.2 million in revenue.
O Monica Manuell reported on the high school
scheduling committee's site visit to Armstrong
High School, and the gifted /talented advisory
committee's discussion on the two middle school
program options.
O Greg Rye reported that the Wayzata -Plymouth
Area Chemical Health Commission and the athlet-
ic task force were preparing recommendations for
Board consideration.
O Monica Manuell requested Board member partic-
ipation in the 'Off the Wall 11' fund raising event
for the Athletic Boosters scheduled for March 16.
O In response to Board Chair Debbie Jamrog-
iewicz's question, the School Board strongly sup-
ported adopting a resolution which would estab-
lish the fight against chemical use/abuse as a top
priority and serve as a cornerstone for future
efforts in this area.
The Board adjourned the meeting at 9:55 p.m.
dor d"fe lnforn of%on
Tobacco pre-emption assailed at
news conference
Andrea Atherton
Preemption of local control was
the focus of a press conference held
Thursday, February 15, 1996. A bill
that would establish state standards
regulating the sale of tobacco products
was scheduled for debate in the House
of Representatives Thursday afternoon,
but has been delayed until the week of
February 19. The current version of
the House bill contains language that
would pre-empt cities from enacting
stricter regulation regarding the sale of
tobacco products. Representative Ann
Rest (DFL -New Hope) indicated that
an amendment would be offered to
strike the preemption provision and
that the amendment would likely have
a wide range of bipartisan support.
President of the League of Minnesota
Cities and Mayor of Minnetonka Karen
Anderson described the detrimental
effect that preemption would have on
cities in Minnesota. Representatives
from the Minnesota Council of HMOs,
the National Coalition on Smoking or
Health, the Minnesota Smoke Free
2000 Coalition, and various religious
organizations also voiced their con-
cerns with the current language of the
bill, and supported local control as the
one item on which there could be no
compromise. C
February 16, 1996
LMC Cities Bulletin
- zc-
am
kO(Idf10(1 Of
Elaropolitan
Municipalities BULLETIN
RE: Building Open House/Annual Meeting Date/Bill Tracking Sheet
As I'm sure you're aware, the League of Minnesota Cities is hosting a building
dedication ceremony/open house from 2:45-5 p.m., Thursday, Feb. 29,1996, to
which you are all invited.
The AMM office will be open from 8:30 a.m. until 5 p.m. that day, so I would invite
you to make a point to stop by our office (Suite 125) when you are here. We are
located off the main atrium on the first floor of the building.
I would also like to inform you that the Board of Directors has set a date for the
1996 Annual Meeting. It will be held Thursday, May 23. A location has yet to be
determined.
Finally, enclosed is an updated status report of most bills being actively tracked by
AMM lobbyists. This was last updated around 10:30 a.m., Thursday, Feb. 15,
1996. If you have any questions about any of these bills, please call me or Roger
Peterson.
We look forward to seeing you at the building dedication!
145 VitcrRY kltniz K -)t
Swim Pall, hirmesata T03 -2L44
(612)115-40W
i3X LE -T2Gq
DATE: February 16, 1996
TO: Mayors
-
Managers/Administrators
Legislative Contacts
FROM: Vern Peters
Executive Director��
!
'Y
o-•.
RE: Building Open House/Annual Meeting Date/Bill Tracking Sheet
As I'm sure you're aware, the League of Minnesota Cities is hosting a building
dedication ceremony/open house from 2:45-5 p.m., Thursday, Feb. 29,1996, to
which you are all invited.
The AMM office will be open from 8:30 a.m. until 5 p.m. that day, so I would invite
you to make a point to stop by our office (Suite 125) when you are here. We are
located off the main atrium on the first floor of the building.
I would also like to inform you that the Board of Directors has set a date for the
1996 Annual Meeting. It will be held Thursday, May 23. A location has yet to be
determined.
Finally, enclosed is an updated status report of most bills being actively tracked by
AMM lobbyists. This was last updated around 10:30 a.m., Thursday, Feb. 15,
1996. If you have any questions about any of these bills, please call me or Roger
Peterson.
We look forward to seeing you at the building dedication!
145 VitcrRY kltniz K -)t
Swim Pall, hirmesata T03 -2L44
(612)115-40W
i3X LE -T2Gq
Zachary Lane Elementary School
is one of eight schools in Minnesota
to receive the Minnesota Elementary
School Principals Association School
of Excellence Award. This prestigious
award not only acknowledges that
Zachary Lane Elementary is a school
of excellence, but that the entire staff,
student body and community are
dedicated to continue to improve the
quality of education at Zachary Lane.
You are cordially invited
to attend
Zachary Lane School's
Minnesota Excellence
Award Ceremony
Date: Thursday, February 29, 1996
Place: Armstrong High School
Auditorium
Time: 7:00 p.m.
Please see usher for your reserved seating
Minn esota
0
H
co�
Piumv
You're Invited to an
State Farm Insurance Tj
Our new Plymouth Claim Service Office
cordially invites you
to an Open House
Tuesday, March 19, 1996
11 a.m. - 2 p.m.
AGEripA
11 a.m...................... Group photo
11:45 a.m. ..................... Luncheon
12:45 p.m ...................... Program
1 p.m ...................... Ribbon Cutting
State Farm Insurance
15600 37th Avenue North
Plymouth, Minnesota 55446
(612) 509-0200
OPT -OUT LEGISLATION 2�
ALLOWING LOCAL LEVY OF TRANSIT TAXES
PASSES HOUSE AND SENATE COMMITTEES
Legislation pursued by the Suburban Transit Association (STA), a coalition df
opt -out transit communities, that would allow these cities to levy property taxes
they use for transit services. Under current law, the Metropolitan Council levies
property taxes in order to provide transit service within the Metropolitan Area.
Communities that have chosen to "opt -out" of Metropolitan Council Transit
Operations (MCTO) services then request reimbursement, from the Metropolitan
Council, for the costs of providing their own transit services.
Under this legislation, opt -out communities will be able to levy up to 88 percent of
the taxes permitted for transit purposes and the Metropolitan Council may levy
the difference. In order to preserve a regional commitment to transit, if a city
chooses to levy less than the 88 percent, the Metropolitan Council may collect the
remaining transit tax dollars to be used throughout the region.
This legislation, House File 2676/Senate File 2588, has passed a number of House
and Senate committees. House File 2676 has passed the Transportation and
Transit Committee, the Local Government and Metropolitan Affairs Committee
and the Property Tax and Tax Increment Financing Division of the Tax
Committee. Currently it is being held in the House Tax Committee awaiting
possible inclusion in the House Omnibus Tax Bill. Senate File 2588 has passed
the Metropolitan and Local Government Committee and the Transportation
Committee. A hearing is expected to be scheduled in the near future for this bill
to be heard in the Senate Taxes Committee.
This legislation is expected to pass both the House and Senate either alone or in
the Omnibus Tax Bill. In either case, it will likely be signed by Governor Carlson.
0
a
a,
AVAti::: 4A
February 7,
Dwight Johnson, City Manager
Eric Blank, Pari/ tKeLreation Di eaui
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Dwight and Eric:
-- C. 4-a
Paul R. Beilfuss
Superintendent of Schools
(612) 476-3101
199.6
CONGRATULATIONS on the success of the sports facility referendum!!! Your skillful
planning and hard work paid off — a 75% approval margin! Outstanding!
I'm already getting calls from our "swimming" people with offers of assistance and continued
support for the project. Let me know what the next steps are, where we need to go from
here, and what you need from us.
Dwight, Eric, again CONGRATULATIONS! You must be very pleased and we're pleased
for you.
Cordially yours,
Paul R. Beilfuss
Superintendent of Schools
PRB:LMB/22
District Administrative Offices 210 County Road 101 North P.O. Box 660 Wayzata, MN 55391-9990 FAX 476-3214
February 20, 1996
«NAME»
«ADDRESS 1 H
«CITY» , «ST» «ZIP»
4-6
CITY C
PLYMOUTH+
SUBJECT: RECONSTRUCTION OF MEDICINE LAKE DAM
CITY PROJECT NO. 940
Dear Property Owner:
After many years of planning and obtaining funding, a contract has been awarded for the
replacement of the Medicine Lake Outlet Dam. The existing dam is located on Bassett Creek
about 200 feet northerly of South Shore Drive. The new dam structure will be constructed
between the existing dam and the South Shore Drive bridge. After the new dam is
constructed, the old structure will be removed.
This is a joint project between the City of Plymouth, Bassett Creek Water Management
Organization, Hennepin County, and Minnesota Department of Natural Resources. The City
of Plymouth is the agency which has contracted for and will administer the construction of the
new dam. The other agencies are providing funding. As with the old dam, the new structure
will be the responsibility of Hennepin County for continuing maintenance after its
construction.
On February 21, preliminary work will get underway in preparation of the construction. This
will involve relocation of existing utility lines, installation of erosion control protection, and
removal of an existing storage building and a few trees in the creek channel. Actual work on
the construction of the new dam is expected to begin on March 4.
Beginning March 4, South Shore Drive at the Bassett Creek bridge will be closed to
through traffic. This closure is expected to last for about three weeks. The contractor
must use the South Shore Drive road area to construct the new dam. Signs will be placed
advising motorists of this road closure and any change in this schedule due to unanticipated
weather.
Although the roads will be closed at the bridge to through traffic, access will be provided to
all driveways during construction. Also, in case of an emergency road closure on the
southerly leg of South Shore Drive, i.e., a train derailment, the contractor would be prepared
to reopen the road during the emergency period. Public Safety Departments will be notified of
the road closure.
PLYMOUTH A ' eautl/Ui P(QLQ'rU Lime G:\ENG\PROJECTS\940\LTRS\940FORM.DOC
xnAlnlnlen o' cn
.1(0 PI V1All TN P( -)l II P\/4Pf. PI WAnl ITu TCI counKICr- r-
Page Two
If you have any questions about the construction of the new dam, please contact the City
Engineering Department at 509-5500.
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
cc: `Dwight Johnson, City Manager
Dan Faulkner, City Engineer
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
Feb 23,96 10:04 No.002 P.01/07
ptvl'f
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Suite 317 Eagandaie Office Ccntcr
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452.5000
FAX (612) 452-5550
FACSIMILE TRANSMISSION - COVER SHEET
PLEASE DELIVER TO: DWIGHT JOHNSON, CITY OF PLYMOUTH
FAX NUMBER: 509-5060
DATE, February 23, 1996
SENDER: JAMES R. WALSTON
RE: CITY OF PLYMOUTH
LIFE TIME FITNESS
OUR FILE NO. 3268/51
COMMENTS: Pursuant to the request of Roger Knutson, I am faxing to you a
copy of a Memorandum and Order Approving Assurance of Discontinuance.
TOTAL NUMBER OF PAGES: (INCLUDING COVER PAGE)
IF YOV DO NOT RECEIVE ALL PAGES, PLEASE CALL ROBBY AT (612) 452-5000.
D ORIGINAL TO FOLLOW BY MAIL.
NOTICE OF CONFIDENTIALITY
The information contained in and transmitted with this facsimile is:
1. SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE;
2, ATTORNEY WORK PRODUCT; OR
3. CONFIDENTIAL.
It 16 intended only for the individual or entity designated above. You are hereby notified that any dissemination,
distribution, copying or use of or reliance upon the information contained in or transmitted with this facsimile by or to
anyone other than the recipient designated above by the sander Is unauthorized and strictly prohibited. If you have
received this facsimile In error, please notify CAMPBELL, KNUTSON, SCOTT & FUCH5 BY TELEPHONE AT (612) 452-
5000 IMMEDIATELY. Any facsimile erroneously transmitted to you should be immediately raturnod to the sender by
U.S. Mail or, if authorization is granted by sender, destroyed.
CAMPBELL. KNUTSON, SCOTT & FUCHS. P.A
TO: Roger Knutson
Feb 23,96 10:07 No.002 P.07/07
M E M O R A N D U M
FROM: Jo Marie Borgesen
DATE: December 29, 1995
RE: Plymouth/Life Time Fitness/Better Business Bureau
I called the better business bureau. They only had
information on the Brooklyn Park location. They did not have any
information on the newly opened Ford Parkway Club. The Brooklyn
Park location was investigated in 1993 by the Attorney General's
office. The club allegedly told customers that the initiation
fee was $395.00 and that if they signed up at a certain time
customers would not be charged the fee. The AG's office
discovered that there never was an initiation fee charged for any
customers. There was a general settlement that included a
$2500.00 bond to pay $2500.00 in investigation costs.
Generally, the business has been subject to few complaints
and has responded promptly. The Better Business Bureau is
satisfied and does not recommend, endorse or disapprove of the
business. They only send out facsimiles once a day so they will
send us a facsimile on Tuesday.
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
SENT BY : ATTORNEY GE ERAL 1- 5-96 : 3 : 51 PM
Feb 23,96 10:04 No.002 P.02i07
ST. OF MN.— 612 452 5550:# 1/ 5
Fbet-It" brand tax tranamMal memo?m 10arp.e.x ►
S S
C06
Dept.
Phone. 0
rPaz
N
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRJCT
In the Matter of Court File No.
FCA, Ltd., d/b/a
LifeTime Fitness ORDER_ APPROVING ASSURANCE
OF DISCONTINUANCE
The above -captioned inauer came on for hearing before the undersigned Judge of the
Ramsey County District Court on November 8, 1993, upon the ra p= application for
aapproval of Assurance of Discontinuance submitted on behalf of the, Attorney General by
Special ASSIStant Attorney General James P. Jacobson.
The Court, upon the Petition of the Minnesota Attorney General and the attached
Assurance of Discontinuance and upon all the files, records and proceedings herein, being first
duly advised in the premises,
HEREBY ORDERS that the Assurance of Discontinuance entered into by the. Attorney
General, and by Assurer FGA, Ltd., dtbla LifeTime Fitness, is approved pursuant to Minn.
Stat. $ 8.31, subd. 2b (1492) and that Assurer shall comply with the terms thereof.
IT IS FURTHER ORDERED that a ropy of this Order maybe served upon Assurer with
full force and effect without regard to exhibition of the original thereof, by mailing a copy
thereof to Bahram Akradi. president of FCA, Ltd., at 7970 Brooklyn'Boulevard, Brooklyn
Park, Minnesota 55445.
Datcd•- j , 1993.
BY THE COURT:
MGE OF DISTRICT COURT
CAMPBELL. KNUTSON, SCOTT & FUCHS, P.A Feb 23,96 10:05 No.002 P.03,'07
SENT BY:ATTORNEY GENERAL. : 1- 5-96 3:52PM ST, OF MN. 612 452 5550:w a/ 5
1, • a.
a
STATE OF MINNESOTA
BEFORE THE ATTORNEY GENERAL
In the Matter of ASSURANCE OF
FCA, Ltd., d/b/a
pYSCON'>t'INUANCE
LlfeTirne Fitness
This Assurance of Discontinuance is entered into by FCA. Ltd., d/b/a LifeTirnO Fitness,
under Minn. Stat. § 8.31, subd. 2b (1992). FCA, Ltd., dlbfa LifeTime Fitness, is referred to
in this Assurance of Discontinuance as 'Assurer.'
PARTIES
I. Hubert H. Humphrey III, is the Attorney General of the State of Minnesota.
Assurer is a Minnesota corporation doing business as a hcaltb club at 7970 Brooklyn
Boulevard, Brooklyn Park, Minnesota 55445.
II. Bahram Akradi is the president of FCA, Ltd. Akradi resides at 8343 Kingslee
Road, Bloomingivn, Minnesota 55438.
THE CLUB CONTRACTS STATUTE
III. .,Mc Minnesota Club Contracts Act, Minn. Stat. §$ 325G.23-.28 (1992), was
originally adopted in 1974 in order to protect consumers from abuses in the health club
indusUy. A common problem was posed by clubs that took largo. membership prepayments,
and then closed before the members received the full value of their membership contracts. In
ordtr to remedy that problem and to protect membership prepayments, the Club Contracts Act
requires health clubs which accept prepayments greater than $50 to post a surety bored for the
benefit of club members. The bond must at all times be large enough to cover the club's
"outstanding liabilities," Minn. Stat. 1 325G.23, subd. 10 (1992).
IV. The Club Contracts Act provides that uo membership contract shall be valid for
a termlonger than 18 months from the date upon which the contract is signed. Minn. Stat.
3250.26 (1992). The Club Cattraco Att rurther provides that every membership contract
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
SENT BY:ATTORNEY GENERAL : 1- 5-86 : 3:53PM
Feb 23.96 10:05 No.002 P.04i07
5T. OF MN.- 612 452 6550:* 3/ 5
shall provide written notice of the mtmber's right to Cancel the contract within throe days after
signing the contract, if a member provides the club with written notice of cancellation within
three business days after joining, the club must provide the member with a full refund within
ten days of the date on which notice of cancellation is given. Minn. Stat. 1325G.25 (1992).
ALLEGED VIOLATIONS
V. Assurer has collecttd prepayments from members, including initiation fees in
excess of $50, without obtaining a bond of alternative security, as required by Minn. Stat.
325G.23-.28 (1992).
VI. Assurer failed to obtain a surety bond to secure its "outstanding liabilities," but
has collected approximately $25,040 Per month in prepayments, in violation of Minn. Stat.
325G.27, subd. 2 (1992).
VII. Assurer has offered health club memberships with a purported "regular"
initiation fee of $395, while offering significant "discounts" from the purported $395 initiation
fee, The Attorney General alleges Assurer has never charged $395 for a membership, but has
used the $395 figure to make consumers believe they are obtaining a significant discount. Tht
Attorney General alleges that this misrepresentation of Assurer's initiation fees is a violation of
Minn, Stet. H 325D.12(2) and 325D.44, 325F.67 and 325F.69 (1992).
GENERAL PROVISIONS
VIII. This Assurance of Discontinuance is not an admission of a violation of
Minnesota law for any purpose.
IX. Assurer has read and understands this Assurance of Discontinuance and enters
Into it voluntarily.
X, Assurer understands that a violation of this Assurance of Discontinuance may
result in sanctions for contempt and/or that the Attorney General may thereafter initiate legal
proceedings against it for any and all violations of Minnesota law.
XI. Assurer agrees that the Attorney General, without further notice, may make gx
padapplication to the district court for an Order approving this Assurance of Discontinuance.
•2-
CAMPBELL, KNUTSON, SCOTT & FUCHS. P.A
SFNr BY; AllORNEY GENERAL > 1- 5-96 : 3:54PM
Feb 23.96 10:06 No.002 P.05i07
ST_ OF MN_— 612 452 6660:# 4i 6
Service of the Order may be trade upon Assurer by mailing a copy of the Order to Assurer at
7970 Brooklyn Boulevard, Brooklyn Park, Minnesota 55455.
INJUN fC PROVISIONS "
XII. On v'
, !►slu er obtained a $25,000 letter of credit to cover its
outstanding liabilities to health club members. Assurer represents that this letter of credit
coven its "outstanding liabilities." Minn. Stat. Q 325G.23, "subd. 10. The Assurer will
maintain d letter of credit or alternative security so long as the Assurer does business as a
"health club" and continues to have "outstanding liabilities," and agrees that the letter of
Credit or alternative security will all times be sufficient to cover its "outstanding liabilities."
Minn. Stat. $ 3250.23, subd. 4, 8 and 10 (1992).
XIII. Assurer shall provide to the Attorney General evidence supporting the
calculation of "outstanding liabilities" including, but not limited to, copies of membership
records upon the request of the Attorney General. This information shall be provided within
three business days from the date of the Attorney General's request.
XIV. Assurer is permanently enjoined from accepting any membership prepayments
in excess of $50, Unless Assurer's bond is sufficient to cover Assurer's total "outstanding
liabilities," as defined in Minn. Stat. $ 325G.23, subd. 10 (1992).
XV, Assurer is permanently enjoined from misrepresenting any of the costs of its
memberships, including the regular and usual cost of its initiation fees or any similar fees.
DCVI. Assurer shall provide the Attorney General with written notice of closing
30 days prior to any permanent or long-term temporary closing of the business. "Long-term
temporary closing" shall be defined As any closing of the business longer than two (2) wvcks
where, the closing is not for the purpose of remodeling or upgrading of the facilities.
PAYMENT TO STATE
XVII, Assurer shall pay to the State of Minnesota at the time of execution of this
Assutu= of Discontinuance the sum or 52,500 to cover costs of investigation. 'Ile clerk of
district court shall enter and docket judgment therefor.
•Z-
k.
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Feb 23,96 10:06 No.002 P.06/07
SFJvT BY:ATTORNEY GENERAL. : 1- 5-96 3;65PM ST. OF MN.- 612 4$2 5550:9 6i 6
"XVIII. If the district court finds that within three ycars after the data of extcutivn of
this Assurance of Discontinuance, Assurer has violated the provisions hcrcio, then Assurer
shall be immediately liable for an additional civil penalty of $10,000 and judgment shall then
be entered and docketed therefor. Isolated or unintentioual violations shall not trigger this
additional civil penalty.
bated: . 1993 Dated: , 1993
FCA, LTD., HUBERT H, HUMPHREY, III
D/B/A LIFE TIME FITNESS Attorney General
r State of Mines,
2
By; = �. By.
BAHRAM AKRADI JAM S P. JACOBSO
President Assi t Attorney General
1400 NCI, Tower
445 Minnesota Street
St. Paul, Minnesota 55101-2131
(612.) 297-8782(Voice)
(612) 297-7206 (TDD)
DATE: February 22, 1996
TO: Dwight Johnson, City Manager
FROMCraig C. Gerdes, Director of Public Safety
"--4
SUBJECT: TRAIN DERAILMENT
Through our contact with Hennepin County Sheriff's Patrol Division, they were able to find
the incident where the train was derailed by South Shore Drive during September of 1995. A
copy of their reports on this incident as faxed to us are attached for your information.
Please contact me if you have any further questions on this matter.
FEB -23-1' 96 09:44 'SHERIFF'S F'HTROL E.1-, 1'�1 516:=
HENNEPIN COUNTY SHERIFF'S PATROL DIVISION
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HENNEPIN COUNTY SHERIFF'S PATROL DIVISION I
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February 23, 1996
Mr. Jim Yungner
The Gym
2855 Glacier Lane
Plymouth, MN 55447
Dear Jim:
CITY OF
PLYMOU?F+
I am writing in response to your letter of February 7 as well as our conversation of
January 29.
Your concern about the City's seeming inattention to your flooding problems does need
follow-up action. Again I will request that you send me a brief letter or any
information previously gathered that will reactivate this search for an agreed upon
solution. I have discussed this with City Manager Johnson, as I have related to you,
and a solution does appear possible. You have my assurance to work with you on this
matter.
I would also like to respond to your second concern which relates to `publicity" the City
has given the Life Time Fitness Club.
We used the name of Life Time Fitness in several recent newsletters to the citizens
relating to the recent referendum on recreation facilities. As you know, the referendum
to spend $5 million from Plymouth's Community Improvement Fund for indoor ice and
swimming facilities did pass and it is proposed that the City and Wayzata School
District enter into a contractual agreement with Life Time Fitness to provide swim
facilities of a nature Fitness Centers do not usually provide.
We believe that it was substantially newsworthy for the citizens to know the name of
the club with whom we might contract. This was important information for the citizens
of Plymouth to use in evaluating our overall referendum issue.
We understand your concerns about mentioning Lif6 Time Fitness Clubs, but we
wanted you to know that we put a high priority on giving all of the relevant
information to our citizens before they voted. Furthermore, it is not our policy to use
or endorse the name of any private, for profit entity unless it is a paid advertisement in
our newsletter, or unless the name of the company is a reasonably necessary part of the
meaning of the article.
PLYMOUTH A Beau tiyul'Place'Io Live
Let me reiterate that our relationship with Life Time Fitness Clubs, if we enter into an
agreement with them, will be contractual in nature. We are not proposing to `go into
business with them." In fact, for liability reasons, we are taking every precaution so
that no court will rule that we are in business with them. The City contracts with
dozens of businesses throughout the year to build sewers, purchase computers, etc. In
none of these cases are we endorsing these companies as the best in their field. They
only had the best bid or proposal at that particular time for the particular service we
needed.
We do not intend to imply a disregard or lack of caring for other businesses in our
efforts to bring recreational and swim facilities to Plymouth's downtown area. We do
care about all of the businesses in Plymouth, including The Gym, and hope all have
success for many years to come. Thank you for writing. I hope this answers your
questions. I will be waiting for your letter on the flooding issue.
Sincerely
Joy Tierney
Mayor
P.S. I just received your fax of February 23 and we will be responding in the near
future.
1# PEB 23 196 10:36AM NORTHERN SPECIALTIES
February 23, 1996
City of Plymouth
Joy Tierney
3400 Plymouth Boulevard
Plymouth, MN 55447
Joy Tierney:
P.
This letter is in response to your phone call on February 23, 1996. You statedThe Gym was overlooked
in the Yellow Pages as a potential bidder on the project. I find this hard to b since my ad is the third
largest (It is bigger then Lifetimes). It is freighting to think that the City of Plym" chooses who they think
should and should not bid on a project. I hope that the City council follows the pOper rules for awarding the
multimillion dollar contract to build the sports complex and not call a few ofthei¢5iends in the construction
industry to have closed door bidding. I
Please send me information on the bidding process since you stated that the c4ritract between the City of
Plymouth and Lifetime Fitness has not been completed. I believe that I can givi a fair and competitive bid
if I am just given the chance.
I am also requesting that you pull up records regarding the opening of The I was not allowed to sell
ANY memberships until 1 had an occupancy permit. I feel this same policy sho!#d apply to any health club
opening in the City of Plymouth. Favoritism should not be given to anyone just toomse the City has decided
to go into business with them.
I would like toget copiesofall transcripts ofthe meetings between Lifetime and CityofPlymouth. Council
member Nicholas Granath told me that he believes that not everything about t deal is above the table. I
would like to review these documents just to be sure that the City ofPlymou followed all of the proper
procedures.
Please feel free to contact me if you have any questions
Sincerely,
2855 GLACIER LANE
PLYMOUTH, MN 5544T
(612) S53-0171
FEB 22 '96 04:33AM P.1
L - M/ -C- FRiDAYFAx --
bwgueof miffnvoota CiNeo Vol. 1, No. 5
GOOF pmmvb g aXollonu A weekly legislative update,from the League of Minnesota Cities February 21, 1996
= SPECIAL WEDNESDAY EDITION =
Another day, another reform proposal
Senator Doug Johnson un-
veiled his property tax reform
proposal to a group of city and
county representatives on
Wednesday morning. Johnson's
proposal is another in a long list of
major reform proposals being
considered by the 1996 legisla-
ture. His proposal can be divided
into five broad categories of
changes to the property tax
system:
• Changes in classification and
compression of class rates;
• Changes in local government aid
and HACA;
• Increases in income -adjusted
property tax relief programs;
• Expansion of the sales tax base;
• Increases in state funding for
schools.
Although we don't have full
details of the Johnson proposal or
a draft of the bill, we do have
some information about its con-
tents. The class rate reductions
will provide substantial property
tax relief to apartments and
commercial and industrial prop-
erty owners, while shifting tax
burdens to all other classes of
property. The highest commercial
and industrial class rate would be
reduced from the current 4.6
percent to 4.0 percent over a
three-year period. The apartment
class rates would be reduced from
the current 3.4 percent down to
3.0 percent, while single-family
non -homesteaded properties
(rented houses) become a new
classification with a phased -down
rate of 1.0 percent. Local govern-
ments would not be compensated
for the lost tax base through
additional HACA.
The proposal would eliminate
HACA for cities, townships and
special taxing districts and save
the state $255 million per year.
Counties and schools would
continue to receive HACA and
school aid would increase by $380
million. The. local government aid
program would be modified to
eliminate the "grandfather' and its
funding increased by approxi-
mately $44 million. We have few
other details about LGA formula
changes at this time, however
there will certainly be winners and
losers.
The Johnson proposal would
significantly enhance the funding
for the homeowners circuit -
breaker and the renters credit
program. These two programs
provide property tax relief for
individuals with high property
taxes relative to personal income.
The changes would provide $130
million of additional funding for
homeowners and $40 million for
renters. The program would also
raise the income caps for qualify-
ing homeowners to $75,000 and
for renters to $42,450.
The proposal would expand
the sales tax base by extending
the sales tax to new clothing
purchases and auto repair ser-
vices and residential sewer and
water services. Adding the sales
tax on sewer and water services
would add another $35 million of
taxes, primarily on city residents.
We will further analyze the
Johnson proposal and provide
more information in the Cities
Bulletin. In addition, we will
discuss Johnson's plan and other
property tax reform proposals at
the Legislative Conference on
February 29. If you have any
reactions to the proposal, contact
Gary Carlson at the League of
Minnesota Cities at (612) 281-
1255 or (800) 925-1122.
Senator Johnson's property tax reform proposal is just
one of the important city issues on the agenda for the
1996 League Legislative Conference.
The Conference is set forThursday, February 29 at the
Sheraton Midway in St. Paul. The program begins at
8:45 a.m. and concludes in late afternoon with a spe-
cial dedication ceremony for the new League building.
To register, call the League at (612) 281-1200 or (800)
925-1122.
w
33862.08
RNK:r02/23/96
GROUND LEASE
CONSTRUCTION AGREEMENT
between
CITY OF PLYMOUTH, MINNESOTA
and
FCA, LTD, d/b/a LIFE TIME FITNESS
and
INDEPENDENT SCHOOL DISTRICT 284
Dated: , 1996
TABLE OF CONTENTS
Page
Recitals ....................................... 1
Definitions ..................................... 2
Article One - Lease of Property ........................ 3
Article Two - City Residential Use Covenants
and Minimum Operational Standards ..................... 4
Article Three - School District Use Covenants ................ 9
Article Four - Use of Property - Site Development
and Construction of Club/Pool Complex .................. 10
Article Five - Construction Disbursement .................. 12
Article Six - Permitted Leasehold Mortgage ................ 14
Article Seven - Parking Lot .......................... 15
Article Eight - Covered Walkway and
Common Wall Agreement ........................... 16
Article Nine - Name of Complex and Signage ............... 17
Article Ten - City's Right of First Refusal ................. 17
Article Eleven - Life time Option to Purchase ............... 18
Article Twelve - Payment of Taxes and
Other Impositions ................................ 19
Article Thirteen - Surrender .......................... 20
Article Fourteen - Insurance .......................... 22
33862.08 i
RNK:r02/23/96
Article Fifteen - Use of Insurance Proceeds ................ 25
Article Sixteen - City's Right to Perform
Life Time's Covenants ............................ 26
Article Seventeen - Repairs and Maintenance of
the Club/Pool Property ............................. 29
Article Eighteen - Compliance with Laws,
Ordinances and Regulations .......................... 30
Article Nineteen - Changes and Alterations ................. 31
Article Twenty - Discharge of Liens ..................... 33
Article Twenty -One - Use of Club/Pool Property ............. 34
Article Twenty -Two - Entry on Club/Pool Property by the
City........................................ 35
Article Twenty -Three - Indemnification of the City and
School District .................................. 36
Article Twenty -Four - Condemnation .................... 38
Article Twenty -Five - Default Provisions .................. 39
Article Twenty -Six - Arbitration ....................... 43
Article Twenty -Seven - Notices ........................ 43
Article Twenty -Eight - Miscellaneous .................. .. 44
Article Twenty -Nine - Contingencies .................... 45
33862.08
RNK:r02/23/96 11
GROUND LEASE
AND
CONSTRUCTION AGREEMENT
AGREEMENT dated this day of
, 1996 by and
between the CITY OF PLYMOUTH, a Minnesota municipal corporation, as Lessor and
hereinafter referred to as the "City," and FCA, LTD., a Minnesota corporation, doing
business as LIFE TIME FITNESS, having its principal office and place of business at Suite
275, 6442 City West Parkway, Eden Prairie, MN 55344, as Lessee and hereinafter referred
to as "Life Time" and INDEPENDENT SCHOOL DISTRICT 284, a public school
corporation under the laws of Minnesota, hereinafter referred to as the "School District."
RECITALS
• The City owns property near 36th Avenue and Plymouth Boulevard which it is
developing in conjunction with Life Time into a recreational center ("Recreation Center
Property").
• The Recreational Center Property shall be subdivided into four parcels: (1) the Ice
Arena parcel which the City is developing into an indoor ice arena ("Ice Arena Complex");
(2) a parcel which Life Time is developing into a combined Fitness Center and swimming
and diving complex ("Club/Pool Complex"); (3) the City -owned parking lot parcel; and (4) a
City -owned parcel.
• The City is leasing to Life Time the property upon which the Club/Pool Complex
shall be developed pursuant to this Agreement.
• The City and the School District are each contributing $1.5 million toward the cost of
constructing the Club/Pool Complex in exchange for the construction of two additional
33862.08
RNK:r02/23/96 -1-
leisure pools, a competition pool and the use of the facility by Plymouth residents and School
District residents, students and swimming and diving teams.
• This agreement ("Agreement") sets forth the rights and obligations of the parties
relating to the lease of the Club/Pool Property (as defined below) to Life Time by the City,
the construction and operation of the Club/Pool Complex.
NOW, THEREFORE, the parties agree as follows:
1. "Agreement" shall mean this Ground Lease and Construction Agreement.
2. "Capital Contribution" shall mean the cash contributions of the City and the
School District, each in the amount of $1.5 million and the cash contribution of Life Time
disbursed pursuant to Article Five of this Agreement.
3. "City" shall mean the City of Plymouth, a municipal corporation under the
laws of Minnesota.
4. "City Residential Use Covenants and Minimum Operation Standards" shall
mean the covenants and standards as described in Article Two of this Agreement.
5. "Club/Pool Complex" shall mean all improvements located upon the real
property described on Exhibit "_" attached hereto.
6. "Club/Pool Property" shall mean the real property described on Exhibit " "
attached hereto.
7. "Daily Rates" shall mean the fees charged by Life Time to Plymouth residents,
and to all School District students and all residents within the attendance area of the School
District for use of the Club/Pool Complex as described in Article 2.02 of this Agreement.
8. "Ice Arena Complex" shall mean the real property and its improvements
described on Exhibit " " attached hereto.
33862.08
RNK:r02/23/96 -2-
9. "Impositions" shall mean the obligations and charges described in Article
Twelve of this Agreement.
10. "Leasehold Mortgage" shall mean the mortgage described in Article Six of this
Agreement.
11. "Life Time" shall mean FCA Ltd., a Minnesota corporation, dong business as
Life Time Fitness.
12. "Parking Lot" shall mean the real property and improvements described on
Exhibit " " attached hereto.
13. "Recreation Center Property" shall mean the combination of the Parking Lot,
Club/Pool Property and the Ice Arena Complex.
14. "School District" shall mean Independent School District No. 284, a public
school corporation.
15. "School District Use Covenants" shall mean the covenants as described in
Article Three of this Agreement.
ARTICLE ONE
Lease of Property
1.01 Lease. The City hereby leases to Life Time the Club/Pool property located at
36th Avenue and Plymouth Boulevard in the City of Plymouth, Hennepin County, Minnesota
(hereinafter "Club/Pool Property").
1.02 Term. The lease shall be for a term of forty (40) years commencing on
and expiring on , 2036.
1.03 Rent. In lieu of periodic lease payments and as consideration for the capital
contributions of the City and School District for the Club/Pool Complex building, site
33862.08
RNK:r02/23/96 -3-
improvements by the City and this Agreement, the Club/Pool Complex shall be subject to,
and Life Time shall be bound by, during the term of this Agreement, the "City Residential
Use Covenants and Minimum Operational Standards" set forth in Article Two herein and the
"School District Use Covenants" set forth in Article Three herein.
ARTICLE TWO
City Residential Use Covenants
and Minimum Operational Standards
2.01 The "Residential Use Covenants and Minimum Operational Standards" set
forth below are an integral part of the consideration of the City leasing the Club/Pool
Property to Life Time and the City making the Capital Contribution toward the cost and
construction of the Club/Pool Complex and are in lieu of the rent that would ordinarily be
charged and collected by the City for the Club/Pool Property. Without the Residential Use
Covenants and Minimum Operational Standards, the City would not lease the Club/Pool
Property to Life Time and agree to the other obligations herein.
2.02 The Club/Pool Complex shall be available to all Plymouth residents, at the
following rates per person:
a) Adult Plymouth Resident
$8.00 ($6.00 pool use only) (daily)
b) Second Adult Family Member or Child
of Plymouth Resident ages 13 through 17 $5.00 (daily)
C) Plymouth Residents 12 and under $3.00 (daily)
d) Daycare (Plymouth resident must remain $2.00 per child for
on Club/Pool Property while child is in two (2) hours
Daycare)
e) Life Time shall offer a summer pool pass rate to be determined
similar to other public outdoor pools. by the City
33862.08
RNK:r02/23/96 -4-
A resident of the City of Plymouth is not required to be a member of Life Time Fitness to
use the Club/Pool Complex under the Daily Rate structure.
2.03 The Club/Pool Complex shall be available to all School District students and
all residents within the attendance area of the School District at the following rates per
person:
a) Adults
b) Second Adult Family Member or
Child ages 13 through 17
C) 12 and under
$8.00 ($6.00 pool use only)
(daily)
$5.00 (daily)
$3.00 (daily)
School District students and all residents within the attendance area of the School
District are not required to be a member of Life Time Fitness to use the Club/Pool Complex
under the Daily Rate Structure.
2.04 Effective March 1 of each year of this Agreement commencing March 1,
1998, the Daily Rates set forth in Sections 2.02 and 2.03 shall be subject to a maximum
adjustment for inflation. The adjustment formula is: the applicable Daily Rate shall be
multiplied by a fraction, the numerator of which is the Consumer Price Index for December
of the preceding year and the denominator of which is the CPI for December of 1995. This
formula is expressed by the following numerical example which is designed to demonstrate
the January 1, 1998 estimated adjustment:
Applicable
Daily Rate x
33862.08
RNK:r02/23/96
(CPI Dec. 1997)
(CPI Dec. 1995) = New 1998 Daily Rate
-5-
This annual adjustment shall be determined by using as the CPI the "Consumer Price Index
for all Urban Consumers (CPI -U) U.S. City Average, All Items," published by the Bureau of
Labor Statistics.
If the name of the aforesaid "Consumer Price Index" as described above shall be
changed, or a similar index substituted for the aforesaid index by the United States
Government, the substituted index shall be used by the City and Life Time in determining the
adjustment. Should the publication of the "Consumer Price Index" be discontinued by the
Bureau of Labor Statistics, U.S. Department of Labor, then the parties by agreement shall
substitute a comparable index.
If Life Time enters into an agreement with another City in Minnesota in which Daily
Rates, pass rates, or initiation fees are established, the rates in this Agreement may, at the
City's discretion, be adjusted so that each rate under this Agreement is no higher than such
other rates.
2.05 Any resident of the City, any resident of the attendance area of the School
District or any School District student who chooses to become a member of Life Time shall
be entitled to a fifteen percent (15%) discount off of the lowest membership initiation fee
then available at any club owned or operated by Life Time. The initial initiation fees and sale
of memberships to Plymouth residents shall be at the following prices. This price shall be
available for at least the 90 -day period prior to the Club/Pool Complex opening.
Initiation Fee
Monthly Membership Fee
(Rate guaranteed for 12 months)
Single Person
$125
$29 per month
Two People
$210
$49 per month
Three People
$295
$69 per month
Four or More People
$380
$69 per month
33862.08
RNK:r02/23/96 -6-
2.06 The use of the Club/Pool Complex by Plymouth residents, School District
students, and all residents within the attendance area of the School District shall be subject to
the same rules, regulations, conditions and limitations of usage as all regular Life Time
members, including requirements for written parental consent on file for anyone under the
age of 18.
2.07 Life Time shall not discriminate between Plymouth residents and School
District students and residents within the attendance area of the School District paying the
Daily Rate and Life Time members with respect to the use of the facilities, provisions of
services, reservation rights, and daycare services.
2.08 The Club/Pool Complex shall be open and operating during the same hours as
Life Time's other health club facilities located in Twin City metropolitan area.
2.09 Life Time shall provide lifeguards for the leisure pools and the outdoor pool as
part of Life Time's operation of the Pool/Club Complex. Lifeguards shall be on duty a
minimum of 25 hours per week during the school years of ISD 279 Osseo, ISD 281
Robbinsdale, ISD 271 Hopkins, and ISD 284 Wayzata. During days that school is not in
session, lifeguards shall be on duty a minimum of five hours per day. During summer
months, guards shall be on duty a minimum of eight hours per day.
2.10 Subject to the School District's priority use of the swimming and diving pools,
swimming and diving clubs based in Plymouth including but not limited to the Mach III
Flyers and Plymouth -New Hope -Crystal Service Club and Armstrong High School shall be
able to rent the swimming pool or diving pool at the lowest rate offered by any facility in the
Twin City Metropolitan Area.
33862.08
RNK:r02/23/96 -7-
2. 11 The Ice Arena shall be available without additional fees to Life Time members
during public skating hours.
2.12 The City, School District and Life Time shall establish procedures to handle
complaints regarding the operation of the Club/Pool Complex including, but not limited to
complaints relating to the "Residential Use Covenants and Minimum Operational Standards"
and "School District Use Covenants." Life Time shall promptly furnish the City and School
District with a copy of all written complaints it receives. The City, School District and Life
Time shall meet at least quarterly to discuss all matters relating to this Agreement and the
operation of the Club/Pool Complex. Life Time shall provide quality customer service equal
to or exceeding the highest standards in the industry.
2.13 The pools must maintain and pass public health standards at all times.
2.14 The temperature of the pool water in the leisure and outdoor pools must be
approved by the City and the temperature of the water in the competition and diving pools
must be approved by the School District.
2.15 The Club/Pool Complex must meet all OSHA standards.
2.16 The Club/Pool Complex must meet all fire codes and may be inspected by the
City for compliance.
2.17 The Club/Pool Complex must meet all Americans With Disabilities Act
requirements for public buildings. Life Time shall make additional efforts to work with
special needs population.
2.18 The City may rent the pools at times selected by the City at the lowest rate
offered by any facility in the Twin City Metropolitan Area to offer swimming lessons.
33862.08
RNK:r02/23/96 -8-
2.19 Within sixty (60) days of the opening of the Club/Pool Complex, Life Time
shall develop a senior rate for swimming acceptable to the City which includes a reduced
initiation fee.
2.20 Within sixty (60) days of the opening of the Club/Pool Complex, Life Time
shall develop a program satisfactory to the City allowing low income residents access to the
Club/Pool Complex.
2.21 Life Time shall cooperate with the City Park and Recreation Department on
two jointly sponsored community events per year. Life Time shall cooperate with the City's
Park and Recreation Department and the School District on joint programming.
2.22 The City may have bulletin board display space in the Club without charge to
the City.
ARTICLE THREE
School District Use Covenants
3.01 The School District swimming and diving teams, accompanied by a coach,
shall have the right to use the Competition Pool and Diving Pool, locker rooms, an office,
storage space and related facilities at all times without charge of any kind or nature. The
School District may use the south wall of the pool area for signs; displays and display cases,
without charge. The School District may sell concessions in the pool area.
3.02 The School District's use of the swimming and diving pool shall have
scheduling priority over all other uses.
3.03 School District personnel shall be responsible for supervision of the swimming
and diving pool when either pool is being used by school swim or diving teams.
33862.08
RNK:r02/23/96 -9-
3.04 Spectators at swimming or diving team practices or meets shall not be charged
an admission fee by Life Time. The School District may charge and collect such a fee from
Spectators.
ARTICLE FOUR
Use of Property - Site Development
and Construction of Club/Pool Complex
4.01 Life Time Fitness shall design, construct, own, market and operate the
Club/Pool Complex on the Club/Pool Property in accordance with the provisions of this
Agreement. The parking lot parcel shall service the entire recreational center property and
any abutting property owned by the City.
4.02 The Club/Pool Complex which includes the fitness center, 25 yard competition
8 -lane pool, diving pool, indoor leisure pool with waterslide and other play features,
whirlpool and outdoor leisure pool with waterslide and separate kids pool shall be
constructed and equipped by Life Time, at its cost, in accordance with the following plans
and specifications: (identify plans and specs).
4.03 Life Time shall pay for the cost of all site lighting for the Parking Lot parcel,
the parking lot construction including gravel base, bituminous surfacing, storm sewers,
NURP pond construction (except grading), outdoor signage, concrete curb and gutter and
striping.
4.04 The City shall be responsible for the following site work for the Club/Pool
Property: site clearing, grading, sub -base for parking lot, traffic circle on Plymouth
Boulevard and 36th Avenue, grading and excavation for a NURP pond, wetland mitigation or
reclamation, drain lines, site fencing, landscaping and irrigation and sanitary sewer and
watermains to the Club/Pool Complex Building. Prior to constructing the Club/Pool
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Complex on the Club/Pool Property, Life Time shall perform an inspection. The City makes
no express or implied warranties concerning the site work.
4.05 The City shall separately contract for civil site engineering services for the
Recreation Center property. The City shall pay the civil site engineering costs relating to the
NURP pond and wetland mitigation. All other civil site engineering costs shall be
apportioned in accordance with the construction costs identified in paragraphs 4.03 and 4.04
above.
4.06 All site work shall be in accordance with the following plans and
specifications: (identify site plans)
4.07 Life Time shall construct at its cost the Club/Pool Complex in accordance with
the following plans and specifications: (identify). All change orders must be approved by
the City in writing, which approval shall not be unreasonably withheld.
4.08 The City shall advertise for bids and award the construction contract for the
Ice Arena Complex according to applicable law if the bids are satisfactory to the City.
4.09 The City and School District shall each contribute $1.5 million toward the cost
of constructing the Club/Pool Complex. Life Time shall be responsible for all costs in
excess of the $3 million contributed by the City and School District, including but not limited
to financing, all administrative, architectural, engineering, construction management,
surveying and legal costs, but excluding any City staff time or City attorney expense.
4.10 The Club/Pool Complex shall not open for business prior to completion of the
Ice Arena Complex.
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4. 11 Life Time shall pay permit fees, sewer availability charges ("SAC" fees), and
City sewer and water connection charges associated with the Club/Pool Property and
Club/Pool Complex.
ARTICLE FIVE
Construction Disbursement
5.01 All monies to be expended by the City, School District and Life Time in
connection with the construction of the Club/Pool Complex on the Club/Pool Property shall
be disbursed by a title company approved by the City and School District in accordance with
a disbursement agreement acceptable to the City, School District and Life Time. Any
interest on money deposited by the City and School District shall be turned over to the City
and School District. Life Time shall pay all charges imposed by the title company.
5.02 No portion of the capital contribution shall be advanced by the City or School
District until the following conditions are met:
a. A 1987 ALTA form of mortgagee title insurance policy from a company and
agent acceptable to the City which policy (the "Title Policy") shall, prior to or
contemporaneously with the first advance: (i) insure the priority and
sufficiency of any Leasehold Mortgage placed upon the property pursuant to
Article Six herein as a first lien upon the Club/Pool Property; (ii) show all
easements or other matters affecting the Club/Pool Property, all subject only to
such exceptions or qualifications as are acceptable to the City and School
District; (iii) insure unconditionally against all possible contractors', suppliers'
and mechanics' lien claims; (iv) contain any endorsements or assurances that
the City and School District may reasonably request for protection of its
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interests, including but not limited to pending disbursement and interim
mechanic's lien endorsement.
b. Evidence of insurance as required by this Agreement.
C. A written opinion by a third party attorney acceptable to the City and School
District, covering such matters as the City and School District deem necessary,
including, without limitation, statements of opinion to the effect that:
1. Life Time is a legal entity duly created in accordance with and in a
condition of good standing under the laws of the state of its formation,
with full authority to transact business in Minnesota.
2. The execution and delivery of this Agreement and the Leasehold
Mortgage and the completion and operation of all improvements, does
not violate, conflict with, or constitute a default under any terms of the
Life Time's formative documents, or any mortgage, indenture, lease,
agreement, license, permit, judgment, decree, order, statute, ordinance,
rule or regulation to which Life Time is subject or bound.
3. There is no pending litigation or judgment entered of record against
Life Time or directly related affiliates.
4. Life Time shall pay for the cost of such written opinion.
d. A Sworn Construction Statement in a form acceptable to the City, School
District and to the title company, indicating the total costs for actual or
estimated construction and development of the Club/Pool Complex that will or
have been incurred by Life Time and containing line items and amounts as
required by the City and School District.
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e. A contract between Life Time and a general contractor acceptable to the City
and School District with a guaranteed maximum cost for construction of the
Club/Pool Complex, and accompanied by copies of all subcontracts
thereunder.
f. A contract between Life Time and the architect designing the Club/Pool
Complex, together with acknowledged collateral assignments of the Life
Time's interest in the Plans and Specifications to the City and School District.
g. A building construction schedule acceptable to the City and School District.
h. A certification from the Architect stating that the Plans and Specifications are
complete in all respects and contain all details requisite for construction of the
Club/Pool Complex which , when built in accordance therewith, shall comply
with all zoning and building codes, laws, ordinances and regulations.
i. Life Time's deposit with the title company of sufficient funds to complete the
construction of the Club/Pool Complex and Life Time's share of site
improvement and engineering costs.
j. Life Time's deposit of the debt service escrow with the City pursuant to
Section 6.06.
5.03 The requirement of this Article satisfies the requirements of the City's Zoning
Ordinance for financial security to guaranty the completion extension amenities.
ARTICLE SIX
Permitted Leasehold Mortgage
6.01 Life Time may place a mortgage upon the Club/Pool Complex in an amount
which shall not exceed $4 million or such higher amount as the City and School District shall
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jointly approve, which approval shall not be unreasonably withheld ("Leasehold Mortgage").
The mortgage is for the sole purpose of securing construction and subsequent permanent
financing for Life Time's share of the cost of constructing the Club/Pool Complex.
6.02 The Indebtedness secured by the Leasehold Mortgage shall be amortized over
a period of thirty years or less. Life Time may refinance the indebtedness secured by the
mortgage provided the amount of the remaining principal balance is not increased and the
new debt is not amortized for a period of time extending beyond the remaining term of this
Agreement.
6.03 Any mortgage allowable hereunder shall contain a provision which requires
that the City receive notice of default and opportunity to cure rights from the mortgagee.
6.04 Life Time will not secure any additional debt with the Club/Pool Complex
without the prior written consent of the City or the School District.
6.05 The City shall subordinate its fee interest in the Club/Pool Complex to the
leasehold mortgage.
6.06 Life Time shall deposit with the City an amount equal to six months of debt
service on the Leasehold Mortgage to be placed upon the Club/Pool Property by Life Time
as permitted herein. The funds are to be held in escrow by the City and used by the City, at
its option, to cure any default under the leasehold mortgage.
ARTICLE SEVEN
Parking Lot
7.01 Life Time is hereby granted a non-exclusive easement during the term of this
Agreement in and to the parking lot for the purpose of customer and employee parking. The
parking lot shall contain a minimum of 670 parking spaces to be used by users of the
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Club/Pool Property and shall be constructed in accordance with the site plans and
specifications identified in Section 4.07.
7.02 Life Time's non-exclusive easement shall terminate on the termination date of
this Agreement. If Life Time exercises its option to purchase as provided in Article Eleven
herein, an easement in the form attached hereto as Exhibit " " shall be filed against the
Recreation Center Property to remain in effect so long as the Club/Pool Property continues
to be used as a fitness center.
7.03 The City at its cost shall provide snow and ice control in the parking lot and
maintain the landscaping including the lawn irrigation system. All other repairs and
maintenance of the parking lot shall be performed by Life Time, with the costs shared
equally by Life Time and the City. Life Time shall be solely responsible for the repair,
maintenance, replacement and energy cost for the parking lot lighting.
ARTICLE EIGHT
Covered Walkway and Common Wall Agreement
8.01 A temperature -controlled enclosed walkway shall be constructed alongside and
connecting the Ice Arena Complex and the Club/Pool Complex. Life Time and the City
hereby grant to the other a reciprocal easement for pedestrian passage to and from the
respective facilities via the enclosed walkway. The City shall have the option at the City's
expense to extend the enclosed walkway to abutting property owned by the City.
8.02 Each party shall be responsible for the costs of operation and maintenance of
the covered walkway located on their respective parcels.
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8.03 The wall between the Ice Arena Complex and the Club/Pool Complex is a
common wall. The parties respective rights and obligations pertaining to the wall are as
follows:
a. The cost of designing and constructing the common wall shall be paid for fifty
percent (50%) by Life Time and fifty percent (50%) by the City.
b. A common wall covenant to be recorded against the title to the Club/Pool
Property is attached hereto as Exhibit "_" .
8.04 The City may in the future construct an additional building abutting the
Club/Pool Complex. The same terms as specified above shall be applied to the common
wall.
ARTICLE NINE
Name of Complex and Signage
9.01 The name of the Recreation Center Property shall be Plymouth Life Time
Recreation Center. The name of Life Time Fitness Club shall be included on signage near
the main entrance to the property in accordance with the plans and specifications identified in
Section 4.07. The City reserves the right to alter the signage configuration so long as the
visibility of the Life Time Fitness Center sign is not unreasonably impaired.
ARTICLE TEN
The City's Right of First Refusal
10.01 For a period ending five (5) years after the Club/Pool Complex opens for
business, Life time may not sell or assign its interest under this Agreement. If at any time
thereafter during the term of this Agreement, Life Time shall receive a bona fide offer from
any entity to acquire Life Time's interest under this Agreement which Life Time intends to
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accept, Life Time shall notify the City and School District by sending to the City and School
District a copy of the proposed contract and notify the City of Life Time's intention to accept
such offer. The City shall have the right within ninety (90) days after receipt of the notice
from Life Time to accept the terms of such contract to purchase, assignment or sublease in
its own name, or in the name of a nominee, and on the terms specified in the proposed
contract. If the City does not exercise its right of first refusal by sending Life Time notice
within such ninety -day period, Life Time may then sell, assign or sublease its rights to the
Club/Pool Complex to the entity who made the bona fide offer provided that such sale,
assignment or sublease is on the same terms and conditions, as set forth in proposed contract.
ARTICLE ELEVEN
Life Time Option to Purchase
11.01 Life Time shall have the right at the expiration of the term and only at the
expiration of the term of this Agreement to purchase the Club/Pool Property by paying to the
City the sum of One Hundred Thousand Dollars ($100,000.00) ("Purchase Price") adjusted
for inflation. The adjustment formula is: $100,000 multiplied by a fraction the numerator of
which is the CPI for the month preceding the expiration of the Term and the denominator of
which is the consumer price index for December, 1995. This adjustment shall be determined
by using as the CPI the "consumer price index for all urban consumers (CPI -U) U.S. City
Average, all Terms" Bureau of Labor Statistics. If the name of the "consumer price index"
as described above shall be changed a substituted index shall be used as set forth in Article
2.03 of this Agreement. Life Time shall give the City one hundred twenty (120) days notice
of Life Time's intention to exercise its right to purchase the Club/Pool Complex and shall
pay the Purchase Price to the City on the expiration date of this Agreement. Life Time shall
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not have the right to purchase the Club/Pool Property if there has been a default under the
terms of this Agreement and the default exists at the time this Agreement terminates.
11.02 The City shall, upon payment of the Purchase Price, deliver to Life Time a
limited warranty deed conveying title to the Club Pool Property subject to all encumbrances,
liens, restrictions, covenants, and easements then of record.
ARTICLE TWELVE
Payment of Taxes and Other Impositions
12.01 Life Time shall pay or cause to be paid (except as provided in Section 12.02),
before any fine, penalty, interest or cost may be added thereto, all real estate taxes,
assessments, water and other public utility charges and all other charges or burdens
whatsoever kind and nature, which at any time prior to or during the term of this Agreement
may have been, or may be assessed, levied, confirmed, imposed upon, or grow or become a
lien on, the Club/Pool Property or any part thereof, or any appurtenance thereto, or the rent
of income received from subtenants or licensees, or any use or occupancy of the Leased
Club/Pool Property, or such rights, obligations, easements, and franchises as may now or
hereafter be appurtenant, or appertain, to the use of the Club/Pool Property, all of which
charges are hereinafter referred to as "Impositions."
12.02 Life Time shall pay any Impositions which are incurred or accrue prior to the
date of execution of this Agreement to the extent such imposition is a direct or indirect result
of action taken by the Life Time with respect to the construction of the Club/Pool Complex.
12.03 Life Time shall be responsible for the payable 1996 real estate taxes and
installments for special assessments and for every year thereafter during the term of this
Agreement.
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12.04 An Imposition relating to a fiscal period of the taxing authority, a part of
which period is included within the term of this Agreement and a part of which is included in
a period of time after the expiration of the term of this Agreement, shall, whether or not
such imposition shall be assessed, levied, confirmed, imposed upon or in respect of or
become a lien upon the Club/Pool Property, or shall become payable, during the term of this
Agreement, be adjusted between the City and Life Time as of the expiration of the term of
this Agreement, so that Life Time shall pay that portion of such imposition which that part of
such fiscal period included in the period of time before the expiration of the term of this
Agreement bears to such fiscal period, and the City shall pay the remainder thereof,
provided, however, that Life Time shall not be entitled to receive any apportionment, if Life
Time shall be in default in performing any of the terms of this Agreement.
ARTICLE THIRTEEN
Surrender
13.01 Life Time shall on the last day of the term hereof (unless Life Time has
exercised its right to purchase the Club/Pool Property) or upon any earlier termination of this
Agreement, or upon any entry or re-entry by the City upon the Club/Pool Property pursuant
to this Agreement, surrender and deliver to the City the Club/Pool Property including the
Club/Pool Complex, fixtures, equipment and furnishings without fraud or delay, subject to
the provisions of this Agreement, in good order, condition and repair, reasonable wear and
tear excepted, free and clear of any mortgages, liens or encumbrances.
13.02 All furnishings, fixtures and equipment installed in, affixed to, placed upon or
used in connection with the operation of the Club/Pool Complex shall become the property of
the City upon termination of this Agreement (unless Life Time shall purchase the Club/Pool
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Property under the terms of this Agreement) or surrender of the premises to the City. Life
Time shall keep and maintain such furnishings, fixtures and equipment at all times
throughout the term of this Agreement in good and usable condition with all necessary
replacements thereof, sufficient for the operation of the Club/Pool Complex, and shall deliver
the same in such condition to the City as additional rent at termination of Life Time's
tenancy hereunder.
13.03 Upon the date fixed for the expiration of the term of this Agreement (unless
Life Time Purchases the Club/Pool Property pursuant to the terms of this Agreement) or
upon the sooner termination of the term thereof, as the case may be, the Club/Pool Complex,
fixtures and furnishings shall automatically and without further act upon the part of Life
Time or the City become the property of the City and title thereto shall vest in the City free
and clear of all liens and encumbrances and without payment therefor by the City. Life
Time will, upon request of the City, promptly execute and deliver to the City a deed or such
other appropriate instrument of conveyance as the City may deem necessary or desirable to
evidence or confirm the vesting of title to the Club/Pool Complex in the name of the City, in
recordable form reasonably satisfactory to the City.
13.04 The Club/Pool Complex is and shall remain the property of Life Time until
the date herein fixed for the expiration of the term of this Agreement or until the sooner
termination thereof. Life Time's estate, title or interest in the Club/Pool Complex shall not
be subleased, assigned, transferred or otherwise conveyed or encumbered in whole or in
part, nor purported to be subleased, assigned, transferred, or otherwise conveyed or
encumbered in whole or in part, separate and apart from Life Time's interest under this
Agreement, nor shall there be any sublease, assignment, transfer or conveyance of the estate,
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title or interest of Life Time in the Club/Pool Complex in whole or in part by operation of
law or by judicial order, decree or judgment, separate and apart form Life Time's interest
under this Agreement except as permitted in this Agreement.
13.05 It is the intention and agreement of the parties that Life Time's interest in this
Agreement and all of Life Time's right, title and interest in and to the Club/Pool Complex
shall be nonseparable and that any attempts to transfer or mortgage either of such interests,
except as expressly permitted under the terms of this Agreement, shall be void and of no
force and effect unless there shall be a complete transfer or mortgage, as the case may be, of
Life Time's interest under this Agreement and of all Life Time's right, title and interest in
and to the Club/Pool Complex to the same party. It is also the intention and agreement of
the parties that the separation of title to the Club/Pool Property from title to the Club/Pool
Complex is not to change the character of the Club/Pool Complex as real estate.
13.06 The provisions of this Article Thirteen shall survive any termination or
expiration of this Agreement.
ARTICLE FOURTEEN
Insurance
14.01 Life Time, at its sole cost and expense, shall keep the Club/Pool Complex and
all the fixtures, furnishings and equipment therein, insured against loss or damage by fire and
against loss or damage by such other risks now or hereafter embraced by "Extended
Coverage," so called, and against such other risks or hazards and in an amount not less than
100% of the full replacement value of the Club/Pool Complex and Contents. During the
construction of the Club/Pool Complex or any alterations thereto, Life Time shall provide
Builders Risk Insurance written on Completed Value Form.
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14.02 In addition to the insurance required in Section 14.01 above, Life Time, at its
sole cost and expense, shall purchase and maintain during the entire term of this Agreement:
a. Comprehensive bodily injury and property damage liability insurance against
claims for bodily injury, death or property damage, occurring in, on, or about
the Club/Pool Property, the Club/Pool Complex, or any elevator or escalator
therein and on, in or about the adjoining parking lots and passageways,
naming the City and the Life Time as the insured, such insurance to afford
minimum protection, during the term of this Agreement, of not less than Five
Million Dollars ($5,000,000.00) in respect to bodily injury or death to any one
person, and of not less than Ten Million Dollars ($10,000,000.00) in respect
of any one accident and of not less than One Million Dollars ($1,000,000.00)
for property damage;
b. Boiler and pressure vessel (including, but not limited to, steam pipes, pressure
pipes, and condensation return pipes) insurance, provided the Club/Pool
Complex contains a boiler or other pressure vessel or pressure pipes, in an
amount not less than Two Hundred Fifty Thousand Dollars ($250,000.00) and
plate glass insurance upon store fronts wherever located and upon any other
plate glass installed on the ground floor of the Club/Pool Complex;
C. Rent, rental value or business interruption insurance against loss of rent or
income due to fire and the risks now or hereafter embraced by "Extended
Coverage," in an amount at least equal to the annual gross operating income of
Life Time at the Club/Pool Property. Such rent, rental value or business
interruption insurance shall be made payable to the City and any Leasehold
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Mortgage holder described in Article Six. In the event that the Club/Pool
Complex shall be destroyed or damaged, the proceeds of such rent or rental
value insurance shall be applied periodically to the payments due the Leasehold
Mortgage holder or the City pursuant to this Agreement until the restoration of
the Club/Pool Property, at which time any balance of such proceeds shall be
returned to Life Time, provided Life Time is not in default under this
Agreement or the Leasehold Mortgage.
e. Such other insurance insuring against such risks, in such amounts with such
protective provisions as may be reasonably required from time to time by the
City and School District of the Club/Pool Property and Club/Pool Complex.
f. Demolition and restoration insurance for the benefit of the City to insure that,
in the event the Improvements on the Club/Pool Property are destroyed by fire
or other casualty and not rebuilt by the Life Time, the remains of the
improvements are demolished and the Club/Pool Property are restored to their
present condition Q.g., a level, grassy field on grade). The proceeds of the
policy shall be payable solely to the City.
14.03 All insurance policies set forth in this Article Fourteen shall name the City,
the School District and any Leasehold Mortgage holder as additional parties insured, or as
mortgages or loss payee, whichever is applicable.
14.04 All insurance shall be effected under valid and enforceable policies issued by
insurers of recognized responsibility which are licensed to do business in the State of
Minnesota and which have been approved by the City and School District as to the
qualifications of insurers and the amounts of insurance to be written by each. Upon the
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execution of this Agreement, and thereafter not less than thirty (30) days prior to the
expiration dates of any expiring policy or policies theretofore furnished pursuant to this
Article Fourteen of this Agreement, originals of the policies, copies thereof, or certificates of
insurance, in the case of bodily injury and property damage liability insurance, bearing
notations evidencing the payment of premiums or by other evidence of such payment, shall
be delivered by Life Time to the City and School District.
14.05 Each policy, hereinabove in this Article Fourteen mentioned and required,
shall to the extent obtainable, have attached thereto (a) an endorsement that such policy shall
not be cancelled without at least twenty (20) days' prior written notice to the City and School
District; and (b) an endorsement to the effect that no act or omission of the Life Time shall
invalidate the interest of such person or entity entitled to such notice.
ARTICLE FIFTEEN
Use of Insurance Proceeds
15.01 In case of damage to or destruction of the Club/Pool Complex by fire or other
casualty, Life Time, shall at Life Time's sole cost and expense, whether or not the insurance
proceeds, if any, shall be sufficient for the purpose, and irrespective of the amount of any
loss, restore, repair, replace, rebuild the Club/Pool Property or the Club/Pool Complex and
other improvements thereon, as nearly as possible to its value, condition and character
immediately prior to such damage or destruction in accordance with plans approved by the
City and School District. Such restoration, repairs, replacements, rebuilding or alterations
shall be commenced with due diligence, and in good faith, and prosecuted with due diligence
and in good faith, unavoidable delays excepted.
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15.02 All insurance money paid pursuant to this Agreement on account of such
damage or destruction, less the actual cost, fees and expenses, if any, incurred in connection
with the adjustment of the loss, shall be applied to the payment of the cost of the aforesaid
demolition, restoration, repairs, replacement, rebuilding, including the cost of temporary
repairs for the protection of Club/Pool Property or the Club/Pool Complex pending the
completion of permanent restoration, repairs, replacements, rebuilding (all of which
temporary repairs, protection of property and permanent restoration, repairs, replacement,
rebuilding are hereinafter collectively referred to as the "Restoration"). The insurance
proceeds shall be paid out from time to time as such Restoration progresses by a title
company or other dispersing agent agreed to by the parties with normal lien waivers and
other requirements.
15.03 No destruction of, or damage to, the Club/Pool Property or any part thereof
by fire or any other casualty shall permit Life Time to surrender this Agreement or shall
relieve Life Time from its liability under the terms and conditions of this Agreement
including additional rent payable under this Agreement, and Life Time waives any rights now
or hereafter conferred upon it by statute or otherwise to quit or surrender this Agreement or
the Club/Pool Property or any part thereof or to any suspension, diminution, abatement or
reduction of rent on account of any such destruction or damage.
ARTICLE SIXTEEN
The City's Right to Perform Life Time's Covenants
16.01 If Life Time shall at any time fail to pay any Imposition in accordance with
the provisions of Article Twelve hereof, or to take out, pay for, maintain and deliver any of
the insurance policies provided for in Article Fourteen hereof, or shall fail to make any other
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payment or perform any other act on its part to be made or performed in accordance with
any terms and provisions of this Agreement, the City or School District, after ten (10)
business days' prior written notice to Life Time (or without notice in case of an emergency)
and without waiving, or releasing Life Time from, any obligation of Life Time contained in
this Agreement, may, but shall be under no obligation to:
(a) pay any Imposition payable by Life Time pursuant to the provisions of Article
Twelve hereof, or
(b) take out, pay for and maintain any of the insurance policies provided for in
Article Fourteen hereof, or
(c) make any other payment or perform any other act on Life Time's part to be
made or performed as in this Agreement provided including, but not limited to
payments due under the Leasehold Mortgage or performance of any terms or
conditions of the Leasehold Mortgage; and may enter upon the Club/Pool
Property for any such purpose, and take all such action thereon, as may be
necessary therefor.
16.02 All sums so paid by the City or School District and all costs and expenses,
including attorney's fees, incurred by the City or School District in connection with the
performance of any such act, shall be paid by Life Time to the City or School District as the
case may be on demand, and the City and School District shall not be limited in the proof of
any damages which the City may claim against Life Time arising out of or by reason of Life
Time's failure to provide and keep in force insurance as aforesaid, to the amount of the
insurance premium or premiums not paid or incurred by Life Time and which would have
been payable upon such insurance, but the City and School District shall also be entitled to
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recover damages for such breach, the uninsured amount of any loss (to the extent of any
deficiency in the insurance required by the provisions of this Agreement), damages, costs and
expenses of suit, including reasonable counsel fees, suffered or incurred by reason of damage
to, or destruction of, the Club/Pool Property and the Club/Pool Complex or any part thereof,
occurring during any period when Life Time shall have failed or neglected to provide
insurance as aforesaid.
16.03 Under no circumstances shall the exercise by the City or School District of the
right granted in this Article Sixteen to enter upon the Club/Pool Property or the Club/Pool
Complex for any purpose specified herein and take such action as may be necessary, or the
exercise of any other right or remedy granted to the City or School District under any other
provision of this Agreement to cure, prevent or take any other action with respect to any
default by Life Time, constitute an eviction of Life Time, result in a termination of this
Agreement, or in any manner whatsoever relieve Life Time from liability to pay any
amounts due under this Agreement or to comply with the Residential Use Covenants and
Minimum Operational Standards or School District Use Covenants and from the performance
of any term of this Agreement by Life Time.
16.04 The exercise of any right by the City or School District under this Agreement
shall not alter, abridge, supersede or otherwise affect the obligations of the City or School
District under this Agreement to give any notice required by any provisions of this
Agreement, nor alter, abridge, supersede or otherwise affect the rights of any Leasehold
Mortgage to cure any default of Life Time or to take any action permitted hereunder in
connection therewith.
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16.05 The provisions of this Section 16.05 shall have no application to the City's
right to terminate this Agreement under any other term covenant or condition of this
Agreement or to the City's rights to enter, re-enter or to obtain possession of the Club/Pool
Property and the Club/Pool Complex following termination of this Agreement in accordance
with the provisions hereof.
ARTICLE SEVENTEEN
Repairs and Maintenance of the Club/Pool Property
17.01 Throughout the term of this Agreement, Life Time, at its sole cost and
expense, shall take good care of the Club/Pool Complex, furnishings, fixtures and
equipment, and shall keep the same in good order and condition reasonable wear and tear
excepted, and make all necessary repairs thereto, interior and exterior, structural and
nonstructural, ordinary and extraordinary, foreseen and unforeseen. When used in this
Article Seventeen, the term "repairs" shall include all necessary replacements, renewals and
alterations needed to maintain the Club/Pool Complex as a first class facility of its type. All
repairs made by Life Time shall be at least equal in quality and class to the original work.
In December of each year, Life Time shall provide the City and School District
documentation summarizing all repair, maintenance and repair activities occurring in the
previous twelve months. The City and School District, at its own expense, may inspect the
Club/Pool Complex. Deficiencies noted by the City or School District to Life Time must be
corrected within sixty (60) days at Life Time's expense.
17.02 The necessity for and adequacy of repairs to the Club/Pool Complex and the
fixtures therein pursuant to this Agreement shall be measured by the standard which is
appropriate for buildings of similar construction and class, provided that Life Time shall in
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any event make all repairs necessary to avoid any structural damage or injury to the
Club/Pool Complex.
17.03 Life Time shall keep and maintain all portions of the Club/Pool Property, and
the sidewalks, curbs, entrances, passageways and, to the extent required by law all areas
adjoining the same in a clean and orderly condition, free of dirt, rubbish, snow, ice, and
unlawful obstructions.
17.04 The City and School District shall not be required to furnish any services or
facilities or to make any repairs or alterations to the Club/Pool Property and the Club/Pool
Complex. Life Time hereby assumes the full and sole responsibility for the condition,
operation, repair, replacement, maintenance and management of the Club/Pool Property and
the Club/Pool Complex subject to the terms of this Agreement.
ARTICLE EIGHTEEN
Compliance with Laws, Ordinances and Regulations
18.01 Throughout the term of this Agreement, Life Time, at its sole cost and
expense, shall promptly comply with all present and future laws, ordinances, orders, rules,
opinions, directives, regulations and requirements of all federal, state, and city governments,
courts, commissions, attorneys general, any national or local insurance rating bureau, or any
other body exercising functions similar to those of any of the foregoing, which may be
applicable to the proposed operations and activities on the Club/Pool Property, the Club/Pool
Complex or any part thereof.
18.02 Life Time shall likewise observe and comply with, or shall cause to be
observed and complied with, all the requirements of all policies of public liability, fire and
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other insurance at any time enforce with respect to the Club/Pool Property and the Club/Pool
Complex.
ARTICLE NINETEEN
Changes and Alterations
19.01 Life Time shall have the right, at any time and from time to time during the
term of this Agreement, to make, at its sole cost and expense, changes and alterations in, to
or of the Club/Pool Complex, subject, however, in all cases to the following:
(a) No structural change or alteration, involving in the aggregate an estimated cost
of more than Ten Thousand Dollars ($10,000.00), shall be made without the
prior written consent of the City which consent shall not be unreasonably
withheld. Any changes to the competition pool, diving pool and related
facilities must also be approved by the School District which approval shall not
be unreasonably withheld.
(b) No change or alteration shall be undertaken until Life Time shall have
procured and paid for, so far as the same may be required from time to time,
all permits and authorizations of any federal, state, or city government or
departments, or subdivisions of any of them, having jurisdiction.
(c) Any structural change or alteration, involving in the aggregate an estimated
cost of more than Ten Thousand Dollars ($10,000.00) shall be conducted
under the supervision of a licensed architect or a licensed professional engineer
selected by Life Time and approved in writing by the City and no such
structural change or alteration shall be made except in accordance with detailed
plans and specifications and cost estimates prepared and approved in writing
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by such architect or engineer, and approved in writing by the City (such
approval not to be unreasonably withheld).
(d) Any change or alterations shall, when completed, be of such a character as not
to reduce the value and utility of the Club/Pool Complex below its value and
utility immediately before such change or alteration.
(e) Any change or alteration shall be made promptly (unavoidable delays
excepted) and in good and workmanlike manner and in compliance with all
applicable permits and authorizations and building and zoning laws and with
all other laws, ordinances, orders, rules, regulations and requirements of all
federal, state, and city governments, departments, commissions, boards and
officers, any national or local insurance rating bureau, or any other body
hereafter exercising functions similar to those of any of the foregoing.
(f) The cost of any such change or alteration shall be paid in cash or its
equivalent, so that the Club/Pool Property shall at all times be free of liens for
labor and materials and the Club/Pool Complex and free from any
encumbrances, chattel mortgages, conditional bills of sale, or security
interests.
(g) Whenever appropriate the fire insurance with "Extended Coverage," as
required to be maintained during the term of this Agreement in Section 7.01 of
Article 7 hereof, shall be adapted to provide, during any period of building
construction, for Builder's Risk Insurance written on the Completed Value
Form or on the Monthly Reporting Form.
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(h) If the estimated cost of any such structural change or alteration shall in the
aggregate be in excess of Fifty Thousand Dollars ($50,000.00) Life Time
shall, before commencement of work, at Life Time's sole cost and expense,
furnish to the City a surety company performance bond, issued by a surety
company acceptable to the City, in an amount at least equal to the estimated
cost of such change or alteration, guaranteeing the completion thereof within a
reasonable definite time, free and clear of all liens, encumbrances, security
interests, chattel mortgages, conditional bills of sale, and other charges, and in
accordance with the plans and specifications approved by such obligee. In
connection with any such structural change or alteration for which amounts
have been deposited or are to by used pursuant to this Agreement, no such
performance bond or other security shall be required except to the extent that
such estimated costs exceed the amount deposited or to be used pursuant to
this Agreement.
ARTICLE TWENTY
Discharge of Liens
20.01 Except for the Leasehold Mortgage, Life Time shall not create or permit to be
created or to remain, and shall discharge, any lien, encumbrance or charge, levied on
account of any Impositions or any mechanic's, laborer's or materialman's lien or any
mortgage, conditional sale, title retention agreement, security interest or chattel mortgage, or
otherwise which might be or become a lien, encumbrance or charge upon the Club/Pool
Property or any part thereof provided that any Imposition may, after the same becomes a lien
on the Club/Pool Property, be paid or contested in accordance with this Agreement and any
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mechanic's, laborer's or materialman's lien may be discharged in accordance with Section
20.02 of this Article Twenty.
20.02 If, because of any act or omission of Life Time, any mechanic's lien or other
lien, charge or order for the payment of money shall be filed against the Club/Pool Property
or the City except as provided herein, Life Time shall, at its own cost and expense cause the
same to be discharged of record or bonded within ninety (90) days after written notice from
the City to Life Time of the filing thereof; and Life Time shall indemnify and save the City
harmless against and from all costs, liabilities, suits, penalties, claims and demands,
including reasonable counsel fees, resulting therefrom.
20.03 Nothing in this Agreement contained shall be deemed or construed in any way
as constituting the consent or request of the City, express or implied, by inference or
otherwise, to any contractor, subcontractor, laborer or materialman for the performance of
any labor or the furnishing of any materials for any specific improvement, alteration to, or
repair of the Club/Pool Property or any part thereof or for the demolition or the replacement
of the Club/Pool Property or any part thereof.
ARTICLE TWENTY-ONE
Use of Club/Pool Property
21.01 Life Time may use the Club/Pool Property for the Club/Pool Complex
pursuant to the terms and conditions set forth in this Agreement only and for no other
purpose. Life Time shall construct, operate, maintain, repair and reconstruct (the latter as
provided herein) the Club/Pool Complex in accordance with all applicable zoning and
building codes and regulations and the terms and conditions of this Agreement. Life Time
shall not use or allow the Club/Pool Property or any part of either to be used or occupied for
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any unlawful purpose or in violation of any certificate of compliance covering or affecting
the use of the Club/Pool Property or any part thereof and shall not suffer any act to be done
or any condition to exist on the Club/Pool Property or any part thereof or any article to be
brought thereon which may be dangerous, unless safeguarded as required by law, or which
may, in law, constitute a nuisance, public or private, or which may make void or voidable
any insurance then in force with respect thereto.
21.02 Life Time shall not do or suffer any waste or damage, disfigurement or injury
to the Club/Pool Property, the Club/Pool Complex or any part thereof.
ARTICLE TWENTY-TWO
Entry on Club/Pool Property by the City
22.01 In addition to the City's and School District's right of entry under any other
provision of this Agreement, Life Time shall permit the City and School District and their
authorized representatives to enter the Club/Pool Property or the Club/Pool Complex at all
reasonable times for the purpose of (a) inspecting the same and (b) making any necessary
repairs thereto and performing any work therein that may be necessary by reason of Life
Time's failure to make any such repairs or perform any such work or to commence the same
for thirty (30) business days after written notice from the City or School District or without
notice in case of an emergency. Nothing herein contained shall create or imply any duty
upon the part of the City or School District to make any such repairs or do any such work;
and performance thereof by the City or School District shall not constitute a waiver of Life
Time's default in failing to perform the same.
22.02 The City and School District may during the progress of any work in the
Club/Pool Property or the Club/Pool Complex keep and store therein or elsewhere upon the
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Club/Pool Property all necessary materials, tools, supplies and equipment. The City and
School District shall not be liable for inconvenience, annoyance, disturbance, loss of business
or other damage of Life Time by reason of making such repairs or the performance of any
such work, or on account of bringing materials, tools, supplies and equipment into or
through the Club/Pool Property during the course thereof and the obligations and liabilities of
Life Time under this Agreement shall not be affected or released thereby. In making any
such repairs or performing any such work, however, the City and School District shall
proceed with a minimum of inconvenience to the Life Time.
ARTICLE TWENTY-THREE
Indemnification of the City and School District
23.01 Notwithstanding any provision to the contrary contained in this Agreement,
Life Time shall indemnify and save harmless the City and School District against and from
all liabilities, obligations, damages, penalties, claims, costs, orders, charges and expenses,
including reasonable architects' and attorneys' fees, which may be imposed upon or incurred
by or asserted against the City and School District by reason of any of the following
occurring during the term of this Agreement:
(a) any work or thing done in, on or about the Club/Pool Property, Club/Pool
Complex or any part thereof by Life Time or its employees agents,
contractors, licensees or invitees;
(b) any use, non-use, possession, occupation, condition, operation, maintenance or
management of the Club/Pool Complex or Club/Pool Property or any part
thereof or any street, avenue, alley, sidewalk, curb, passageway, entrances, or
structures, or space adjacent thereto;
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(c) any negligence on the part of Life Time or any of its agents, contractors,
servants, employees, licensees, or invitees;
(d) any accident, injury or damage to any person or property occurring in, on or
about the Club/Pool Property or the Club/Pool Complex or any part thereof or
any street, avenue, alley, sidewalk, curb, passageway, entrances, or structures
or space adjacent thereto;
(e) any failure on the part of Life Time to keep, observe and perform any of the
terms, covenants, agreements, provisions, conditions or limitations contained
in this Agreement on Life Time's part to be kept, observed and performed; or
(f) Any claim or allegation relating to Life Time's (or Life Time's officers,
employees and agents) management or operation of the Club/Pool Complex
including, but not limited to, claims or allegations related to violations of
Minn. Stat. Chapter 325G (as may be amended); false advertising or other
deceptive practices; consumer fraud; civil rights violations; or human rights
discrimination claims.
23.02 In case any action or proceeding is brought against the City or School District
by reason of any such claim, Life Time upon written notice from the City or School District
shall at Life Time's sole cost and expense, including attorneys' fees, resist or defend such
action or proceeding by an attorney approved by the City or School District in writing, such
approval not to be unreasonably withheld, but no approval of attorney shall be required in
each and every instance where the claim is resisted or defended by an attorney of an
insurance carrier obligated so to resist or defend such claim.
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ARTICLE TWENTY-FOUR
Condemnation
24.01 In the event that the Club/Pool Property or part thereof shall be taken in
condemnation proceedings or by the exercise of any right of eminent domain, or by
appropriation or through private purchase in lieu thereof, the parties to this Agreement shall
attempt to value Life Time's interest in the improvements and the City's land value and
reversionary interest in the Club/Pool Complex. If agreement is not reached within thirty
(30) days after the submission by either party to the other of a proposed distribution, then
either party can request arbitration as hereinafter provided to establish the value of their
respective interests under the value premise stated above. In no event shall the amount
received by the City be less than the value of the Land taken as if it were unencumbered by
this Agreement and valued at the time of taking.
24.02 If at any time during the term of this Agreement title to the whole or
materially all of the Club/Pool Property or the Club/Pool Complex shall be taken by the
exercise of the right of condemnation or eminent domain or as otherwise provided above,
this Agreement shall terminate and expire on the date of such taking. Life Time shall, in all
respects, keep, observe and perform all the terms, covenants, agreements, provisions,
conditions and limitations of this Agreement on Life Time's part to be kept, observed and
performed up to the date of such taking. For purposes of this Article Twenty -Four
"materially all of the Club/Pool Property or the Club/Pool Complex shall be deemed to have
been taken if the portion of the Club/Pool Complex not so taken cannot be so repaired or
reconstructed as to constitute a complete structure capable of being operated as a the
Club/Pool Complex as required by the terms and conditions of this Agreement.
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24.03 If at any time during the term of this Agreement title to less than the whole or
materially all of the Club/Pool Property shall be taken, as aforesaid, this Agreement shall
continue and Life Time shall promptly, except for unavoidable delays, at Life Time's
expense, and subject to compliance with the provisions of Article 19 of this Agreement
relative to changes and alterations, restore the Club/Pool Property and the Club/Pool
Complex, to the extent as nearly as possible, to the condition and character immediately
prior to such partial taking. All of the compensation collected by Life Time pursuant to
Section 24.01 of this Agreement, shall be applied and paid over toward the cost of
demolition, repair and restoration of such partial taking, substantially in the same manner and
subject to the same conditions as those provided in Section 15.02 of this Agreement with
respect to insurance and other monies. Any balance of the award or other compensation for
such partial taking of the building remaining after payment of such costs of demolition,
repair and restoration, as aforesaid, shall be paid over to the Leasehold Mortgage holder, or
if there be no Leasehold Mortgage holder, then the balance of the net award shall be paid to
Life Time. In the event that the costs of such demolition, repairs and restoration shall
exceed the compensation collected, Life Time shall pay the deficiency forthwith.
ARTICLE TWENTY-FIVE
Default Provisions
25.01 The occurrence of any one of the following events shall be considered a
default by Life Time entitling the City to exercise any and all remedies set forth herein.
(a) Life Time's sale, assignment, sublease or other transfer of any interest in this
Agreement or the Club/Pool Complex, except as provided in Article 10.01 of
this Agreement;
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(b) Life Time's failure to perform any obligation under this Agreement (including
the obligation of Life Time to pay Impositions and other sums of money when
the same are due) and such default continues for a period of thirty (30) days
after written notice thereof from the City to Life Time;
(c) Life Time's failure to perform any terms, covenants, agreements, provisions
or conditions contained in the Leasehold Mortgage and such default continues
for a period of thirty (30) days after written notice thereof from the City to
Life Time;
(d) Life Time's failure to comply with the Residential Use Covenants, Minimum
Operational Standards or School District Use Covenants contained herein and
such default continues for thirty (30) days after written notice thereof from the
City to Life Time.
(e) Any material representation or warranty made by Life Time in this
Agreement, or in any certificate or document furnished under the terms of, or
in conjunction with, this Agreement is untrue, false or misleading.
(f) Because of action or inaction on the part of the Life Time, work on the
Club/Pool Complex is substantially abandoned, delayed or discontinued for
more than thirty (30) days.
(g) The City determines that the remaining undisbursed Leasehold Mortgage
proceeds together with the Capital Contribution's of the City and School
District and Life Time's Capital Contribution, are insufficient to fully pay all
of the unpaid costs of the Club/Pool Complex and estimated expenses of
completion, and Life Time fails after thirty (30) days written demand to
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deposit with the title company disbursing the foregoing sufficient funds as may
reasonably be required by the City, so as to permit the payment of all such
costs and the completion of the Club/Pool Complex.
(h) Life Time commits waste or allows the Club/Pool Complex to deteriorate.
(i) Life Time fails to keep the Club/Pool Complex insured as required by the
terms of this Agreement.
0) The institution of any proceeding against Life Time, or/any officer or director
of Life Time for which the potential penalty is forfeiture of the Club/Pool
Complex, any portion thereof or any other assets.
(k) Lifetime applies for, or consent in writing to, the appointment of a receiver,
trustee, or liquidator of Life Time or of all or substantially all of Life Time's
assets;
(1) Life Time files a voluntary petition in bankruptcy, or admits in writing of its
inability to pay its debts as they become due;
(m) Life Time makes a general assignment for the benefit of creditors;
(n) Life Time files a petition or an answer seeking reorganization or arrangement
with creditors or to take advantage of any insolvency law; or
(o) If an order, judgment or decree shall be entered by any court of competent
jurisdiction on the application of a creditor adjudicating Life Time a bankrupt
or insolvent.
25.02 No failure by the City to insist upon the strict performance of any term,
covenant, agreement, provisions, condition or limitation of this Agreement or to exercise any
right or remedy consequent upon a breach thereof shall constitute a waiver of any such
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breach or of such term, covenant, agreement, provision, condition or limitation. No term,
covenant, agreement, provision, condition or limitation of this Agreement to be kept,
observed or performed by Life Time, and no breach thereof, shall be waived, altered or
modified except by a written instrument executed by the City. No waiver of any breach shall
affect or alter this Agreement, but each and every term, covenant, agreement, provision,
condition and limitation of this Agreement shall continue in full force and effect with respect
to any other then existing or subsequent breach thereof.
25.03 Upon the occurrence of any Event of Default this Agreement shall be
terminated and the City shall be entitled to possession of the Club/Pool Property, and all
improvements, fixtures, furnishings and equipment. At its sole discretion, the City may
exercise any and all other remedies at law or equity allowed in lieu of or in addition to its
contractual right to terminate the Agreement.
25.04 If this Agreement is terminated as provided in Article 25.03 then (1) for the
remainder of what would have been the term of the Lease, and (2) so long as the City owns
the Club/Pool Property, the School District Use Covenant shall survive. If the School
District Use Covenant survives, the School District shall make monthly payments to the City
for its share of the operations cost of the Club/Pool Complex as mutually agreed by the City
and School District or by an arbitrator selected in accordance with Article 26.01. If the City
sells the Club/Pool Property prior to what would have been the end of the term the proceeds
shall be divided as follows:
(1) All encumbrances against the Club/Pool Property shall be satisfied.
(2) The costs of sale including commissions shall be paid.
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(3) 40% of the balance of the proceeds or $1,500,000 adjusted for inflation in
accordance with Article 2.04, whichever is less, shall be paid to the School
District.
(4) The balance of the proceeds shall be paid to the City.
ARTICLE TWENTY-SIX
Arbitration
26.01 Except as provided in Section 26.02, any dispute arising out of this Agreement
shall be submitted to binding arbitration through the American Arbitration Association.
Arbitration shall be conducted in accordance with the Rules of Commercial Arbitration. In
the event either or both parties to this lease apply to the arbitrator, all parties shall be bound
by, comply with, and perform and fulfill the final award or finding, without recourse to any
other court of tribunal except as is necessary to enforce the final award in accordance with
the Minnesota Laws on arbitration.
26.02 This arbitration clause shall not apply if the City declares that an event of
default has occurred and seeks to terminate this Agreement and recover the Club/Pool
Property. In such an event, the City shall have the right to initiate action in the appropriate
court without any duty to arbitrate.
ARTICLE TWENTY-SEVEN
Notices
27.01 All notices required under the terms of this Agreement shall be deemed to
have been properly served or given three (3) days after their deposit in the United States mail
if sent by registered or certified mail, return receipt requested, postage prepaid or two (2)
days after deposit in a nationally recognized overnight courier service, addressed to Life
Time or the City at the address set forth below;
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to Life Time:
Suite 275
6442 City West Parkway
Eden Prairie, MN 55344
to the City:
3400 Plymouth Boulevard
Plymouth, MN 55447
to School District:
or to such other address within the continental limits of the United States and to the attention
of such party as the parties may from time to time designate by written notice to the other.
ARTICLE TWENTY-EIGHT
Miscellaneous
28.01 No third party is entitled in any way to rely upon any provision in this
Agreement. This Agreement is intended solely for the benefit of Life Time, the City and the
School District and no third party shall have any rights or interest in any provision of this
Agreement, or as a result of any action or inaction of the City in connection therewith.
28.02 The exhibits attached to this Agreement are considered an integral part of it as
if fully set forth within it.
28.03 All prior understandings, letters of intent, discussions and agreements are
merged in the governing terms of this Agreement, which is a complete and final written
expressions of the intent of the parties. This Agreement may be amended only pursuant to
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the terms of an exhibit, if attached and executed for that purpose, or by a separately signed
writing between the parties. This Agreement may not be amended or modified orally.
28.04 Section headings are for the convenience of reference only, and shall not
govern the interpretation of any provisions.
28.05 Time is of the essence of this Agreement.
28.06 The invalidity, illegality or unenforceability of any provision of this
Agreement or any other document executed in connection with this Agreement shall not
affect the validity or enforceability of any other provisions of this Agreement.
28.07 The parties agree that nothing contained in this Agreement is intended or shall
be construed to establish the parties as joint venturers or partners.
28.08 This Agreement has been freely negotiated. This Agreement shall not be
construed against the drafter. This Agreement shall be liberally construed to protect the
public interest and any ambiguities shall be resolved in favor of the City and School District.
ARTICLE TWENTY-NINE
Contingencies
29.01 This Agreement is subject to the following conditions:
(a) The City's approval of any necessary amendments to its comprehensive plan
and zoning ordinance, zoning and subdivision approval, and all other necessary
City approval including variance and conditional use permits.
(b) The City and Life Time obtaining any other necessary permits from other
public regulatory entities necessary to carry out the terms of this Agreement.
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IN TESTIMONY WHEREOF, as of the day and year first hereinabove written the
parties have executed this Agreement.
(SEAL)
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CITY OF PLYMOUTH
Im
MCI
Joycelyn Tierney, Mayor
Dwight Johnson, City Manager
FCA LTD., doing business as
LIFE TIME FITNESS
BY:
Its
AND _
Its
INDEPENDENT SCHOOL DISTRICT 284
BY:
Its Chairman
AND
Its Clerk
-46-
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 1996, by Joycelyn Tierney and by Dwight Johnson, respectively the
Mayor and City Manager of the City of Plymouth, a Minnesota municipal corporation, on
behalf of the corporation and pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
, 1996, by
day of
and
, the and
of FCA Ltd., a Minnesota corporation, doing business as Life Time
Fitness, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
1996, by and
, the Chairman and Clerk, respectively of
Independent School District 284, a public school corporation, on behalf of said corporation,
through authority granted by its School Board.
Notary Public
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s
ATTACH EXHIBIT " - ICE ARENA COMPLEX
CLUB/POOL COMPLEX
PARKING LOT PROPERTY
CLUB/POOL PROPERTY
COMMON WALL COVENANT
RECIPROCAL PARKING AND ACCESS AGREEMENT
33862.08
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DATE: February 22, 1996
TO: Dwight D. Johnson, City Manager
FROM:U 0-laurie Ahrens, Clerk, through Kathyftuect, Assistant Manager
SUBJECT: CHANGES TO COUNCIL INFORMATION MEMO
(MAKING CITY COUNCIL "PAPERLESS ")
At the February 21 regular meeting, Councilmember Lymangood suggested that efforts be
taken to reduce the amount of paper in the Council Information Memorandum and other
information provided to the Council. This would be a step toward the City Council's goal to
consider ways of making the City Council "paperless". He submitted comments to staff on
which information pieces he finds useful and suggested that other members of the Council do
the same. Councilmember Lymangood's comments were helpful, and we look forward to
further Council feedback.
We will implement the following changes this week. It will be done in such a way as to
reduce paper, but not the amount of information available to the City Council. All articles and
newsletters that were previously photocopied will be placed in a City Council folder that will
be available for Council review near the Administration Department mail and the folder will
be circulated at Council meetings. Information will be recycled after each regular meeting.
Council Information Memorandum
• Continue the summary pages, list of upcoming meetings and calendars.
• Add the topics scheduled for discussion at special meetings.
• Discontinue copying full newsletters/meeting notices from Met Council, LMC,
MLC, Twin West, etc., but rather copy only articles relating to issues currently
before the Council. Continue news articles relating to Plymouth.
• Continue letters from citizens and final follow-up letter from staff/Council.
• Continue Citizen Request Tracking and other summary information.
• Continue only City -issued news releases.
Other Information
• Retain Commission agendas, location map, and minutes for all advisory
commissions.
• Discontinue sending full Planning Commission packets (Council Coordinating
Representative would still receive full packet.)