92-123 RES
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RESOLUTION 92-123
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION AUTHORIZING CITY OFFICIALS TO EXECUTE AND
DELIVER LEASE SUPPLEMENT AND AGREEMENT GRANTING DRIVEWAY
EASEMENTS IN CONNECTION WITH LEASE DATED DECEMBER 1, 1972,
BETWEEN CITY AND GUARDIAN ANGELS FOUNDATION OF ELK RIVER,
INC., (NOW KNOWN AS GUARDIAN ANGELS HEALTH SERVICES, INC.)
WHEREAS, the City is a party to that certain Lease dated
December 1, 1972, (the "Lease") between the City, as
lessor, and Guardian Angels Foundation of Elk River,
Inc., a Minnesota nonprofit corporation, now known as
Guardian Angels Health Services, Inc. (flGAHS"), as
lessee, made in connection with revenue bonds issued
in 1972 to finance the development of Elk River
Nursing Home; and
WHEREAS, Angel Ridge, Inc., a Minnesota nonprofit corporation
affiliated with GAHS will be acquiring and developing
a site for supportive housing for elderly persons,
which site adjoins the real property subject to the
Lease, and will require a driveway easement over a
portion of the property subject to the Lease; and
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WHEREAS, the proposed driveway easement is described in and is
a part of the plat of Guardian Angels Addition
approved by the City Council at its meeting held
on September 21, 1992; and
WHEREAS, Section 8.02 of the Lease requires that, to establish
a new easement over the real property subject to the
Lease, the City and GAHS must enter into a Lease
Supplement subordinating the Lease to the easement
and must execute and deliver an instrument
establishing the easement;
NOW, THEREFORE, BE IT RESOLVED:
1. That the Mayor and City Administrator are hereby
authorized and directed to execute and deliver a
Lease Supplement subordinating the Lease to the
driveway easement described in the plat of Guardian
Angels Addition;
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~~ yj .~
James A. Tralle, Mayor
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2.
that the Mayor and City Administrator are hereby
authorized and directed to execute and deliver an
Agreement Granting Easements Establishing a Driveway,
with GAHS and Evans Park, Inc., for the purpose of
creating the proposed driveway easement for the
benefit of the Angel Ridge project site; and
3. that the City Council finds that the grant of this
easement has no relationship to the City's
comprehensive municipal plan.
Passed and adopted this 28th day of December, 1992.
ATTEST:
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