4.9. SR 02-17-2015
Request for Action
To Item Number
Mayor and City Council 4.9
Agenda Section Meeting Date Prepared by
ConsentFebruary 17, 2015Michael Hecker, Parks and Recreation Director
Item Description Reviewed by
Donation for Houlton Farm Property Cal Portner, City Administrator
Improvements, Preservation, and Restoration
Reviewed by
Action Requested
Approve, by motion, a donation of $50,000 from the Trust for Public Land for improving, preserving
and restoring the Houlton Farm Property Conservation Area.
Background/Discussion
The Trust for Public Land acquired with Outdoor Heritage Funds and donated to the city the 335-acre
Houlton Farm Property. Their partnership with the city has been instrumental in the acquisition of this
unique conservation area.
The grant may be used to demolish and remove buildings at the site, for site cleanup, sign installation, and
construction of an entrance and parking area.
The priority of how these funds will be used will be recommended by staff and the Houlton Planning
Committee. The funds may not be used to reimburse city staff costs or any expenses not related to the
improvement, preservation, or maintenance of the conservation area.
City Attorney Peter Beck reviewed the attached grant agreement.
Financial Impact
None required with the donation.
Attachments
Grant Agreement with Trust for Public Land
Resolution Acknowledging $50,000 Donation
Template Updated 4/14
THE TRUST FOR PUBLIC LAND
GRANT AGREEMENT
THIS GRANT AGREEMENT is made as of February __, 2015, between The Trust for
Public Land, a California nonprofit public benefit corporation authorized to do business in the
Minnesota as The Trust for Public Land, Inc. (“TPL” or “Grantor”), and The City of Elk River,
Minnesota, a municipal corporation under the laws of the State of Minnesota (“City” or
“Grantee”), with respect to the following:
WHEREAS, TPL is a national, nonprofit, land conservation organization that conserves
land for people to enjoy as parks, community gardens, historic sites, rural lands, and other
natural places; and
WHEREAS, on December 16, 2014, TPL acquired with Outdoor Heritage Funds and
donated to the City approximately 335 acres at the confluence of the Mississippi and Elk Rivers
in the City of Elk River (formerly known as the Houlton Farm) which is now known as the Elk
River Conservation Area (the “Conservation Area”); and
WHEREAS, as fee owner of the Conservation Area, the City is responsible for the
management and stewardship of the Conservation Area; and
WHEREAS, in furtherance of its charitable purposes, Grantor now wishes to make a
grant to Grantee, in the amount and on the terms and conditions in this Agreement in order to
support the development and maintenance of the Property and in recognition of the City’s
continuing efforts to preserve and maintain open space for the benefit of the public;
NOW, THEREFORE, in consideration of the mutual rights and obligations set forth
herein, the parties to this Agreement hereby agree as follows:
1. The purpose of this Grant is to provide funding to be used to improve, preserve,
restore and maintain the Conservation Area. Specifically, the grant may be used to:
a.Demolish and remove buildings and improvements at the site;
b.Clean up the site;
c.Erect signage and interpretive materials;
d.Develop an entrance, a parking area and a primitive boat launch; and
e.Restore the site.
All activities must be consistent with the Outdoor Heritage Fund grant TPL used to acquire the
Conservation Area. The Grant may not be used to pay for or reimburse City staff costs, or any
expenses not directly related to the improvement, preservation, restoration or maintenance of the
Conservation Area.
2. On or before March 31, 2015, Grantor shall pay to Grantee the sum of Fifty
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Thousand Dollars ($50,000) (the “Grant”) for the purposes stated in paragraph 1.
3. Grantee shall use the Grant solely for the purposes stated in paragraph 1, and
Grantee shall repay to Grantor any portion of the Grant which is not used for those purposes.
Any changes in the purposes of the Grant must be approved by Grantor in advance, in writing.
4. Every six months, or upon request, Grantee shall submit a full and complete
report to Grantor describing the activities conducted by Grantee with the proceeds of the Grant
and all expenditures made from Grant funds, and shall report on Grantee’s compliance with the
terms of this Agreement, including compliance with Paragraph 5 and 6 below. Upon expenditure
of the full amount of the Grant, Grantee shall also submit a final report with the above described
information.
5. The grant may not be used in any attempt to influence legislation.
6. Grantee shall not use any portion of the Grant to participate or intervene in any
political campaign on behalf of or in opposition to any candidate for public office, to induce or
encourage violations of law or public policy, to cause any private inurement or improper private
benefit to occur.
7. Grantee shall notify Grantor immediately of any change in Grantee’s executive
staff or key staff responsible for achieving the Grant purposes.
8. Grantee hereby irrevocably and unconditionally agrees, to the fullest extent
permitted by law, to defend, indemnify and hold harmless Grantor, its officers, directors,
trustees, employees, and agents, from and against any and all claims, liabilities, losses, and
expenses (including reasonable attorney’s fees), directly or indirectly, wholly or partially, arising
from or in connection with any act or omission of Grantee, its officers, directors, employees, or
agents, in accepting the Grant, in expending or applying the proceeds of the Grant, or in carrying
out the program or project to be funded by the Grant, except to the extent that such claims,
liabilities, losses, or expenses were caused by any act or omission of Grantor, its officers,
directors, trustees, employees, or agents.
9. In the event that Grantee violates or fails to carry out any provision of this
Agreement, Grantor retains the right to demand repayment of all or any unexpended portion of
the Grant, and Grantee shall immediately comply therewith.
10. This Agreement supersedes any prior oral or written understandings or
communications between the parties and constitutes the entire agreement of the parties with
respect to the subject matter hereof. This Agreement may not be amended or modified except in
a writing signed by both parties hereto.
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IN WITNESS WHEREOF, the parties have executed or caused to be executed this Grant
Agreement on the dates set forth below.
THE TRUST FOR PUBLIC LAND,
By:
Name:
Title:
Date:
THE CITY OF ELK RIVER
By:
Name: John J. Dietz
Title: Mayor, City of Elk River
Date:
By:
Name: Tina Allard, City Clerk
Title: City Clerk
Date:
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Councilmember _______________ introduced the following resolution and moved its
adoption:
Resolution 15-____
A Resolution of the City of Elk River Acknowledging Contributions
WHEREAS,
the City of Elk River is grateful to all civic groups, organizations, and
individuals for their contributions to the community; and
WHEREAS,
the City of Elk River received a $50,000 donation from The Trust for Public
Land with the intent it be used by the Parks and Recreation Department for improving,
preserving and restoring the Houlton Farm Property Conservation Area. .
NOW, THEREFORE, BE IT RESOLVED
by the City Council, by at least four-fifths
vote, to acknowledge the support and commend The Trust for Public Land for their
donation.
The motion for adoption of the foregoing resolution was duly seconded by Councilmember
______________, and upon vote being taken thereon, the following voted in favor thereof:
and the following against: , whereupon said
resolution was declared duly passed and adopted.
The following members were present:
and the following absent:
th
Passed and adopted this 17 day of February 2015.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk