PR 08/26/1974,...
MINUTES OF THE RBGULA,R PARKS AND RECREATZON CONAIISSION MEETING, AUGUST 26, 1974
Meeting was called to order at 7:45 p.m., by� Chairman Blair.
� MEMBERS PRESENT: Blair, Caldwell, Peterson
MEMBERS EXCUSED: Harris, Wa.gar
OTHERS PRESENT: John Saccoman, 5460 7th Street, N.E., Fridley, 560-6942
Paul Brown, Director of Parks $ Recreation
Judy Wyatt, Secretary to the Commission
F.Y.F.A. FOOTBALL RULES
John Saccoman was present to discuss the minute stop time quarters presently
being played by the boys football teams. He felt that the times were too long,
which in turn kept the boys at the field too long. He did not like the boys
getting home so late, when they had to get up to go to school early the next
morning. He felt that the 10 minute stop time quarters for the Pony and PeeWee
Divisions should be changed to 8 minutes, and the 12 minute stop time quarters
for the Cub Division should be 10 minutes. He stated that the 12 minute stop
time period could not be played in an hour and a half.
It was mentioned by Mr. Peterson that last year many of the officials for the
game were late, thereby delaying the start of the games.
Mr. Brown stated that on the traveling teams, they are losing the heavy Cubs
because the school coaches have said the boys can only play on one team or the
other, but not on both. Actually, they can play on both if they wish.
Mr. Peterson mentioned that only three or four boys nlayed on both last year.
� Mr. Blair asked that the Commission invite the F.Y.F.A. officials to a meeting
to talk about the rules and regulations in general.
CITIZENS BIKEWAY CONIl�IITTEE
Mr. Blair stated that he would like to see the Parks and Recreation Department
make a recommendation on this. He said that $30,000 is in their budget and he
feels they are getting bypassed, because it hasn't come before this commission.
He feels they should be getting all pertinent information on the bikeways. He
mentioned that the bikeway trails in New Brighton are just the streets. He
requested that all information on the bikeways from now on be routed through
the Parks and Recreation Department.
MINUTES OF THE JULY 22, 1974 MEETING
MOTION by Ca,edwe,P,�, aecanded by Pe.te�cdon, �o apprcove �h.e M.i.ncLie� a� �he Panh,a
and Reehe.a�,i.on Camm.v�.��.an Mee.#,i.ng, da.ted Ju,e.y 22, .�974. The ma�',i.on ea�vc,i.ed.
GUITAR LESSONS
Mr. Brown stated that the school was not interested in furthering the guitar
lessons. He said they felt that they gave music lessons in the schools and
were therefore not too interested. He mentioned tllat they said they would take
it to their musical board of directors.
� Mr. Brown stated that some educators felt that it might benefit Mr. Brun kow,
� because these lessons would be very elementary and less expensive. Then, if any
of them wanted to go to beyond the basics, they would be referred to Mr. Brunkow.
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Minutes of the Parks F� Recreation Commission Meeting, August 26, 1974 Page 2
BEER ORDINANCE
^ The beer ordinance was discussed. Mr. Brown again stated that, according to
the City Attorney, both liquor and beer are prohibited on City property.
Mr. Blair stated that he would like to see beer permitted where there are pic-
nics. Mrs. Caldwell concurred with this. However, she felt that if you enforce
this ordinance then you must enforce all ordinances. She felt that beer is part
of people's recreation these days, and if we prohibit it, we are in essence
having prohibition.
Mr. Brown s�ated that we shouldn't have beer at the fields such as Commons. He
said that people are always trying to bring beer into Locke Park, and that we
have a continual problem with people calling up, and asking that the gate be
unlocked so that they can bring in their vans. He felt that perhaps we should
have a park keeper there during the day, to help keep control of the beer pro-
blem, and generally be of help to the citizenry. He mentioned that during his
tenure we have eliminated the roads in Locke and created a nice atmosphere, and
he would like to keep it that way.
Mr. Brown asked for a concrete recommendation from the Commission on the beer.
Mr. Peterson stated that he wanted the ordinance enforced.
� M�TI�N by Pe�e�an, �secanded by Ca.edwe22, �o en�ance �h.e bee�c andi.v�ance; �a
pn�G�,i.b� a.�. beetc., uzi_ne, e.te. bn�m �he panFr�s e�scep� Lacke Pcvch, wGu:eh .ahau,�d be
a.P.eawed �a have 3.2. Ma�',i.an eatvi,iued.
^ CITY FENCING POLICY
Mrs. Caldwe�ll asked if a fence is put �p whenever an owner requested it.
Mr. Brown stated that when an owner wanted a fence, he would be expected to
pay half the cost and the City would pay the other half. We would not put
up a fence automatically when we improve a park. He explained that the City
would pay the entire cost of the fence when they initiated it. Mr. Brown
mentioned that Mr. Qureshi would like to have a policy now, that we can refer to.
MOrrvN by ea,edwe,e.e, .aeeanded by Pe,te�r�on, �hax we wse �he S�a,te S�a.tu,te �a
de,t�em�i.ne �he ��.nane,i,ng ab �h.e �ene.ing �� �cvch,a �,n �he �u�une, o�heJc �han �hade
�.i.me�i when .i.i'� �c�r,t v� �he ave�.cc,P�. �.�an ban �h.e �ah.h and .i.t b.i.t.s �,r�ta �he
�',i.me .�ehedu,ee we had �.2a.nned. The ma�,i.an ecvvr,i.ed.
LEASE AGREEMENT - TEMPLE TERRACE, PLAT 2- TARGET STORE
Mrs. Caldwell did not like the lease agreement with Target regarding Temple
Terrace. She stated that she felt we were just dr.essing up their surplus
land for them. She felt we were doing them a favor by taking care of this
land for them until they need it. Slle said that since it would be useful to
them too, she felt that they should do something on it also; either landscape
it or help in some way. She mentioned that she would like to see tennis
courts there, which their employees could use also.
^ Mr. Brown felt that tennis courts woul.d not be a gnod idea, since the space
there is limited and tennis courts would practically fill the entire area, and
leave room for little else. He wants to put in some apparatus and room for
playground baseball. He stated that we want to keep the development for the
kids.
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Minutes of the Parks � Recreation Commission Meeting, August 26,_1974 Page 3
Mr. Brown explained that we are being given tliis property to cut down on the
owner's vandalism. This way the park will be kept up, look nice, and be useful
to the kids.
Mr. Blair asked if this was the only park in the area. Mr. Brown said that we
now have Jubilee nearby, and Oak Hill Park on 54th and 7th Streets. He did mention,
however, that there is no ball field on either one of the parks.
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MU71�N by Pe,ie�r�an, �secanded by ��a,ilc, �hcLt we accep� �he 2ea�e agneemewt �nam
7ange,i, a� -i,a. Ul,i.ih ba�h a� �he men va�.i�ng "aye" and one camm.us.ationeh va�ng
"nay", �he ma�.i..an cu�vu.ed.
Mrs. Caldwell made a recommendation that Target do some improvement on this
area, preferably something that would be of use to their employees, but if not,
then something that would benefit the neighborhood, because we have budget
problems.
Mr. Brown stated that this lease is strictly for the use of the land right now;
that the plans for the park will come in later.
NATUI2AL HISTORY PROPOSAL
Mr. Blair asked if this memo regarding the Natural History Proposal was just
for the Commission's information. Mr. Brown replied that it was, and that it
had been presented to the Council because Mr. Qureshi had put it on the agenda.
Mr. Brown stated that Dr. Huff was given a$12,000 budget, for the tree program.
He said that Dr. Dan Huff is the new Naturalist/Resource Coordinator and that
this proposal was the start of Dr. Huff's job. He has a proposed park program
of his own. Mr. Blair asked who Dr. Huff reported to when he wanted to implement
a program such as the one proposed. Mr. Brown replied that Dr. Huff reports
directly to the City Manager.
The Commission was concerned about the chain of command for the Naturalist/
Resource Coordinator. They felt that he should be under the direction of the
Parks and Recreation Department. As it stands now, we have another separate
department.
Mr. Peterson stated that he felt we were in essence creating two Parks Depart-
ments. Mr. Brown explained that Dr. Huff was hired to do just what he is doing
now. He said that this proposal was the start of it, and that he has to imple-
ment as much of it as he can. Mr. Brown stated that when you are given a job
like Dr. Huff has been given, and you are to report directly to the City Manager,
it is between you and the City Manager. He stated that Dr. Huff is just going
his job as he sees it. He mentioned that perhaps Dr. Huff's title should be
changed to Assistant Parks F� Recreation Director. He felt that as Dr. Huff
devel.ops these sites, it will still have to be done through tlie Parks Foreman
and his personnel.
The Commission decided they would like to invite Dr. Huff to one of their meet-
ings, as they would like to meet him.
� MOTIUN by Pe.te�an, �eeonded �by E.Y.a,i�., �hat �hey ga �a zhe C�iy Caun�i,� and a�f�
� �ha,i �he Ncc,iwea,P,i�� be �eit unde�c �he Pcveh� and Ree�c.e.a,t,i.an �e�an�inev�t aa zhcii we .
hnow whcLi he d.a ne�on.t,i.ng and wha� h.i,� necammenda�,i.an�s cuce. GJ.i�h ba�h men
va�',i.ng "aye" and ane eamm..i.�e.�aneh. vo�,i.ng "nay", �he mo�',i.an ecvetc,i,ed.
Minutes of the Parks � Recreation Commission Meeting, August 26, 1974 Page 4
BUDGET:
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Mr. Blair asked the status of the budget. Mr. Brown stated that it is completed
at the administrative level. He said that he would mail a copy of the final
report to the Parks and Recreation Commission.
OCTOBER MEETING �
Mr. Brown requested that the October meeting be changed to Tuesday, October 29th.
The Commission agreed.
ADJOURNMENT'
MUTIUN �a adjaunn �he mee,t.i.ng cLt 9:15 p.m.
The next regular meeting will be held on Monday, September 23, 1974, at 7:30 p.m.,
in the Community Room of Fridley Civic Center.
Respectfully submitted,
4����� 4'�
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UDY WYATT, Secretary to the Commission •
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Enclosures:
Lease Agreement - Target Store
Memo/J. Boardman, Recommendation on Fencing Ppl�icy
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MEMO TO: Nasim Qureshi, City Manager
^ MEMO FROM: Jerrold Boardman, Planning Assistant
MEMO DATE: August 26, 1974
RE: Recommendation Regarding the Installation of Fences
On Park Property Adjoining Residential Properties
After reviewing the information from Paul Brown, it is my
opinion that the installation of a fence should be a shared cost
only in those areas where the adjoining neighbor is requesting
such a fence and the Parks & Recreation Commission feels that
the reasons for providing a fence would not warrant the construction
of a fence at the total cost to the City.
However, the Ci.ty should take on the total cost of the fence
in those instances where the actual layout of the park caus�s a
danger to the health and welfare of the neighbor and there is na
reasonable alternative for solving the problem. •
The City should also bear the full cost of fencing in those
cases that the Park Department and/or the Planning Department feels
is necessary in the design of park property. This should have th�
approval of the Parks & Recreation Commission.
^ The type of fencing should be restricted to chain link fence
unless for reasons of special design criteria set up for a specific
park by the Parks Department and/ar the Planning Department.
JLB/de
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ERROLD L. BOARDMAN
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LEASE AGREEMENT
n T�iIS AGREEMENT is made and entered into this day of
� , 19_, by and between TARGET STORES, INC., a
Minnesota corporation, with an office at 777 Nicollet Ma11, Minnea-
polis, Minnesota, hereafter referred to as "Lessor”; and the City
of Fridley, Minnesota, whose post office_address is
hereafter referred to as "Lessee°.
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].. PREMISES . .
For and in consideration of t:.e rent herein agreed to be paid to
•Lessor by Lessee and the other agreements, covenants and stipula-
tions herein made by Lessee, Lessor hereby leases to the Lessee
the realty and personal property located in Anoka County, Minnesota,
and described as:
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� That part oE Lot 10 in Auditor's Subdivisi.on No. 155, Fridley,
Anoka County, described as follows:
Commencing at the NE corner of'Temple Terrace, Plat 2, FridleyP
Anoka County; thence N89°05'37" W and along the South line o£ sazd
Lot 10 a distance of 18 feet to the actual point of beginning.
Thence: N 6°14'53" E 39.98 feet to a point for curve;
Thence: Along a curve to the right with radius of 314.94
feet, central angle of 10°52'S8" a distance of
.' 59.82 feet to a point for a tangential curve;
Thence: Along said tangential curve to the right with radius
of 247.28 feet, central angle of 40�00'00" a distance
of 172.63 feet to a point for tangent;
Thence: N 57°07'51" E 70.60�feet to a point;
Thence: South 274.36 feet to a point on the South line of .
said Lot 10;
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Agreement � � � , � �
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Thence: N 89°OS'37" W and along the South line of said
. Lot 10, 177.39 feet to the point of beginning
and containing 34,769 square feet. •
2. PRIME LEASE � , .
This Lease is subject and subordinate to a lease (herein referred
to as the "prime lease") by and between The Minnesota Mutual Life
Insurance Company, a Minnesota corporation, designated Lessor,
and Target Stores, Inc., a Minnesota corporation, designated Lessee,
the Landlord herein. The Tenant herein agrees to comi�ly with the
terms and provisions of the said "prime lease", insofar as the
aforesaid "prime lease" applies to the premises herein leased to
• the Tenant herein, provided however, that the Tenant herein shall
^` � a ments re uired to be made under the afore-
not be liable for any p y q
said "prime lease"o � �
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3. RENT �
As a total rental for the use and occupancy of the tract herein de-
mised, Lessor agrees to accept and Lessee agrees to pay a yearly
rental of one dollar ($1.00). Such rental shall be paid on or
before�the 15th day of July in each year in which this lease is
in effect. Rental payments sha1�I commence in, July of 19'�4.
4. TAXES ,
Lessee agrees to pay all taxes that may be assessed by reason of
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Agreement
Page 3
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5. IND�MNIFICATION
Lessee hereby covenants and agrees to indemnify, protect and save
Lessor, its successors and assigns, harmless frorn any and all
actions, claims, demands and liabilities for any loss, damage,.
• injury or,any other casualty to property (whether it belongs
to either of the parties hereto or third persons) and to persons
(whether third persons, or employees of Lessee or of Lessor) caused
by, growing,out of or happening in any way in connecti:on with Les°
see's Gonduct of said business or use and occupancy of said premises,
whether due to negligence of Lessee, Lessor or otherwise, Lessee
further agrees that during the tull term and continc�ance of this
- lease he will procure and carry at his sole cost and expense, and
n in a good solvent insurance company authorized to do business in
the State of Minnesota, comprehensive general public liability "
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insurance insuring Lessee and Lessor fro�n and against all such
claims, demands and liability hereinabove set forth. The limits
of the insurance coverage for bodily injury (including death)
shal�l not be less than One Hundred Thousand Dollars ($100,000.00)
per person, nor less than Three Hundred Thousand Dollars ($300,000.00}
per acbident and the limits of the insurance coverage for property
damage shall not be less than One Hundred Thousand Dollars
($100,000.00) per accident.
The insurance company and form of
policy are to be approved by Lessee and Lessor. Lessee shall pro-
vide Lessor with copies or certificates of said policies, including
an endorsement which states that•such insurance shall not be can-
celled except after ten (10) days' written notice to Lessor.
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Agreement
Page 4
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6. WAIVER OF IMMUNITY ' .
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Lessee agrees to waive its sovereign immunity, whether such be
derived f rom statutory or common Zaw, with respect to any claim or
action by Lessor or The Minnesota Mutual Life Insurance Company,
against Lessee, arising out of Lessee's use or occupancy of the
premises or the terms of this Lease, whether such claim or action
be directly for the benefit of Lessor or The Minnesota Mutual Life
Insurance Company or, be by way of indeninification.
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7. WASTE . . . .
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Lessee agrees not to germit or suffer any waste or nuisance on
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said premises, to keep said premises in a clean and neat condition,
to keep all sidewalks free and clear of ice and snow, and other-
wise.to comply with all applicable ordinances and rE:gulations and
not to permit the violation of any state or federal laws upon said
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premises.
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8. CONDITION OF THE PREMISES •
It is understood and agreed that the�premises are leased in their
present condition without any warranty on the part of the Lessor as
to the condition thereof. Lessee agrees that any fixtures, appliances,
and furniture installed or to be installed for the conduct of his
business therein and thereon shall be installed and maintained by �
Lessee at hi� sole cost and expense, and at the expiration of this
Lease, Lessee further agrees to remove said�fixtures, appliances and
furniture from said premises and to restore said premises to the
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Agreement ' . :
Page 5 . ' � � . . • �
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same condition that they were pri�or to the ins�tallation of said -
fixtures, appliances and furniture, reasonable wear and tear
excepted. .
� 9. USE . . � . . .
. It is understood and agreed that said premises are leased to
Lessee for the sole and only purpose of being used by Lessee for
public recreation. Zessee agrees not to sell, vend or dispense,
whether or not for valuable consideration, any food, beverage, or
. other item or article or goods�of any kind on the premiseso
^ 10. IMPROVEMENTS '. � � ; : .
� Lessor warrants quiet and peaceable possession of the premises
� to Lessee, subject to the covenants and conditions herein cantainecl,
during the term of this Lease. Lessee shall make no improvements on I
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said premises without first securing Lessor's written consent theretoo �,
. �
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11. CONDEMNATION
If during the term of this Lease, proceedings are instituted for �
� the condemnation of any of the tracts or parcels of real estate
demised hereunder, or if any owner of any tract or parcel herein
demised shall dispose of any of said tracts or parcels or any part
thereof, either voluntarily or involuntarily, in order that.the• '
same may be devoted to any public use, this Lease shall, at the
� . option of Lessor and upon written notice to Lessee, forthwith .
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Agreement
_ Page 6
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cease and terminate as to the affected tract or parcel; and
Lessee shall not by virtue of the within Lease be entitled to
any damage, award or purchase price, or any part of either, _
which may be paid on account of such condemnation or sale. In
the event of such condemnation or disposal of any tract or parcel
as herein set out, rental �shall abate in accordance with an amount
to be mutually agreed upon. � •
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12. TERMINATION OF PRIME LEASE . ; �
In the event that any or alI of the real property herein demised
are held by Lessor under the terms of a lease or leases from the
owners thereof, and such lease or•leases terminate for any reason,
this Lease shall thereupon autor�atically terminate as to the tract
or tracts and personal property affected, and neither party shall
become liable to the other in damages by reason of such termina�tion.
in the event of such termination, Yental shall abate in accordance
with an amount•to be mutually agreed upon. .
13. SIGNS
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Lessee'agrees not to erect or place or permit to be erected or to
be placed upon said premises or the improvements thereon any signs
or advertising matter without the written consent of Lessor.
],4. RIGHT OF T:NTRY
� • Lessor reserves the right of entry for its representatives, agents,
• and employees for the purpose of examining and inspecting said pre-
tnises and.any property of the Lessor's located thereon. -
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Agreement
• Page 7
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15. ASSIGNM�NT . � '
This Lease shall not be assigned in whole or in part nor shall
said premises or any part thereof be sublet, nor shall any rights
or privileges herein granted to Lessee be sold, transferred, mort-
gaged or assigned or in any manner encumbered.
16. TERMINATION BY LESSOR . '
The failure of the Lessee to pay promptly when and as due any and
all rentals due hereunder, or the violation by the Lessee of any
other provisions contained in this Lease shall give rise in Lessor,
- at its option, the right and privilege to cancel�and terminate
this Lease•and shall entitle Lessor to take possession of said
premises and all.improvements thereon at any time after ten (10)
days' notic� to Lessee, or Lessor may elect not to cancel and
terminate this Lease and hold Lessee liable for the unpaid rentals
due during the balance of the term bf this Lease.
17. �NOTTCr � .
All notices given hereunder sha11 be in writing by United States
registered or certified mail, postage prepaid, addressed to the
party to be notified at such party's address as shown in this
instrument, and the date upon which such notice is so mailed
shall be the date of service. ' � � �
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�w Agreement . . � � � : .
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� � 18. FULL AGRFEMENT • :
' This instrument shall be binding upon the part�es hereto, their
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heirs, personal representatives, successors and assigns. This
agreement, contains �all the tsrms, provisions and agreements
between the parties hereto concerning the leasing of the above
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described premises and the�repair, maintenance and upkeep of the
improvements and equipment thereon, and any oral conditions or
understandings at variance with or in addition hereto are void
and of no effect. � . � �
IN WITNESS WHEREOF, the parties hereto have executed this instru-
�ment on this the day and year first.above written. '
,
CITY OF F.RIDLEY, MINNESOTA
TARGET STORES, INC.
By BY �
� Its �Its . -
This instrument drafted by Target Stores, Inc., Minneapolis, Minnesota.
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STATE OF MINNESOTA) -
)ss. . .
COUNTY OF HENNEPIN) . •
The foregoing instrument was acknowledged before me this
day of, , 1974 by af Target Stores, Inc.,
a Minnesota corporation, on behalf of the Corporation.
Notary Public
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STRTE OF MINNESOTA � " • � �
) ss. . .
COUNTY OF � i .
The foregoing instrument was acknowledged before meonhbehalf o£
day of , 1974, by
the City of I`ridley, Minnesota. �
o ary u ic
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