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85-42 WHITE - C�TV CLERK PINK - FINANCE G I TY O F SA I NT PA U L Council yq/ %�( CANqRV - DEPARTMENT File NO• v� �� " BLUE - MAVOR � � , ,Cou c ' �Resolution Presented y � ' Referred �- ��V�1��1'�� Committee: Date I ��T Out of Committee By Date w�HER�AS, Gary M. Cormican has entered into the attached agreement for the rehabilitation of the hazardous structure located at 63 West Sycamore in the City of Saint Paul which is legally described as: Lot 32, Block 4, Lyton Addition to St. Paul ThEREFORE, BE IT RESOLVED, that the proper City officers are hereby authorized to execute the attached agreement on behalf of the City of Saint Paul and to record this agreement in the office of the Ramsey County Recorder. . COUNCILMEN Requested by Department of: Yeas Nays Dr��r��u�� COICLlTtU ' ervices Masanz In Favor Nicosia re c to r sche�be� � __ Against BY Tedesco Wilson JAN 8 - 1985 Form Appr ved by it torney C�—f. Adopted by Council: Date � _ Certified as•e b Council et gY C �f �A o� By /�p by lVlavor. Dat �,¢�„� e v �;y�Yj Approved by Mayor for Su ion to Council By B PUSLISNED �I�;.`'� 1 "� 198� . t . ' . . . . . . Comna.uLity Services �PART!•1ENT ' ' � � P� � � , Steve Ro;y� CONTACT � � � r__.�_ . �oQ_di�z PHONE �� 1-'r-z�-8�4�- DATE �� . . (Routing and Explanation Sheet) Assign Number for R�uting Order Clip 1411 La�ations for M�y4ra1 Sign�tur� : �, Depar�me�t Di r��9r � : __l__ C�ty A�torney � : � Di rec�or o� M�na�ment/t►t�,yor . RECEIVED �Fi nance and h&�nac�tnent Servi ces Di rectar ; Ci ty Cl erk. . . _ � { N0�1 �3 � � �°! Budget Di r�ctor , s ' . ��Yfl�R'�0��lCE , } µ ., , ; � ��`�� :;� , � ..�� . :�; . . , _ _ ;�: ,;, What Will be Achieved b i'akin Ac�ion on �he �tt�cM�d Materials? P r se Ra�Cionals : A building,.wilr be rehabilitated by the owner. City will not have to spend money xo r�ze the building . � Financial, Bud��r� �nd Personnel Irr�acts Anticipated: � None � I f , , Fundinq Source �nd Furtd Activity Ni,�mber Char�d} or fr�di�±�d: �M ��! ��r� . � . . . . � I . . . . , '� ,. � . . . . ' . . Not applicable . , ' Attachments (l.ist and Nur�er nil Att�ctur�ntsl : � ' r 1. Resolution : �:� �� 2. Agreeme�t � � ` , _ _ .. . ._ . ... , . . _:.._ :. � _ OEPRRTMENT REVIEW � CxTY qTTOR�lEY REYI�W � � , , Yes No Co�ci 1 Resol ut�ton Requi red? � R�'sol uticirr Requi red? j ' l�es No � Yes x No ;Insu�r�ce Required? � �� ' Insurance Sufficient? �� '�s � I�o� � } Yes �, Np 'Insurance Attached? � � • � � . . a . � i , ' R�errisian 'of October, 1982 t , � , (`ee �everse 'Srd� fnr instructions) � 4 1 �� i� � �n ��' S i � lf � x . . , i f -� 9 Y � �w '� � �l T� ' � �� . � . t ' P� � `r �y ,� r�� t�� r+�4� � �'a y!7'(� t k� +r+n !r a.,� �. �S7 .�` � I' � s�� i c � � ��_ } '�S � s �;,.� �,..' � �� _ , . ' �, .. � � �f,.�' ;� �„�, ;�: ' . ;' � d # i, '�,, 3: �� ,. , � h&�� r� � , tp = �.., } t( ,y}'na � . � .:.y� „ : .. r i r��r �� y@ , e '��'K",�' ,}, �f 8` ' S�� I �'= .. ;y �r ,�r-�,,y � �.. n i � . � � m �. �f �'a i.� �� 7 t;«Sr� � {�'�-�°��?�Y„o-.�e�s4 �;y.'�+7s �b^a �.w ab i> � � } . ' . � � �i `� � ; J 1 � 1 }� R: t � . � � �P �y .".�� `,#�.fn,t ��i� ��.�c P�.. .: �� I�k� �� .� �� . .� ��i " '� `,� ,. .� � 1 .,(�. . i, '� � jj � ,. �� 'ta , �� ', �h� ,�, � � � ,. t . - .. �� , � .�...,�� .4 �t' iGlq�� '�.f'`�4'a 1 �- as i¢;. .,:.r "4� -� � � , jl �� . . ...� � ' . I ",�' �.�.�;�- ,� a, '{k :. .. . � . . _ . .�1 . � � : �,` , �� • ��_ �1'�� It�ilCxi�`�,�,�, {w' � I . � �� i, , � E � � � ; , a. � �: , a�� , � t , � � �E .' �. 1 � ��, .:t �y, �"x�a.� � s,1} r a".' Ct f y��( y) � � � ' }.. }' j �� . ,�. . � �.' l �'..4v}�' y.,.P k . 1�, -��,'k,.r6., . .. 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' �rh�:ch the att�c�r��e � ' r�prer,�►��. qs are o ered tc� r�d ��era �� ` l a! ��e ma�.~e +�r��+��; elements af �hi� brie;f. �, � . � � . � � The �F �t�r►c l. � a� an� � �nna�, x a�t�t he��i,ri� p�aviel�s a sgmc� o e�� a co� aa t aatp�cta o t� ��.��. .Costs �arid b�uf�i�� re�.ate la+�t� ta City budg�t ,{�+t�►+�ral� l�t�� ►�s�lJ`or ` . ; l�oi��i 1�un��3 � to broaal�tr f3.nan�ia►1 imp�►��:� (coe�t �� '+��rr, . 'h��toa��s c�►�t t��e�r groupa a►iteCtsd by the �1Ct��f�1� . '�� r�rr�rnmel �} � �aats�� .s a t�ea�i�+tion o� �h�n�er or's�ift of P'u11�»�:L�rte �i�Y��+�t�� . �. �,�°�� ►�it�►r�s. . . � , . . . �"�`�Y ' ' ��!�''�t� ��'t�i� , . �� j ,a . I , : �S� . . . . ,. . : . . r K� �fl t�i�t,. � i �'t�. t,� l�it �1� �Itt$�Yi'��r . �� t�l� ��I� j^� ,; , , �i�� t +�awR �� t� �a, �� +�� t�b.�.�! ��m�+� , ` , � ��,�� '�� '#t latt� �� CJ"�F�� lli� ��l�� .`� ` , L � Ip� � K . ,, � .i ` k �d� �� S . �[n �� e i ��+�,!r � ;��•r � x . r i u.F i ",r"!�T T� 4'� �,"* .:. 9 ;, +`�;�� dt+�s ` i'�t�.cns which'r.eqttire° G�.t� Gt�unc�l 'rei��.ut�.c►�� ,��,�tr�: �� ( � , . � � � � . ��a d I I* .: � ,� . . �� , t $} ' � -.yYR .. � Y � ., . �d n Y i� �,i'�"}��'�, �n�.,�`♦ '�? s,�� i�, : ' , � . e f� s � ��M`�„�� '�r � � { �f S��3L�• ��; a.� � ;� u��h� � _ - �;��:r � � , ,,.�x, f �:,. ,, , , ��, . '', ,y+�y 2,�, : = , • ;� : � .. . � �-�� : �r ��ii�i*4 ��gai�i�r ` .. . . � . • .. � � .. . . � � � . . � . . .. . .. ... . . . . . c. Pr�� ' sal�ee of tand, or leas� o� l�nci. ��' ' ��!. :�#��+� d�� ,bt�nds by; Cit�. ' v +��',�� , . : �� ' '` �'� ' �Ftai�ent doaiaf�. - � ' � � f. A�sumpCi4�� pf l�.�bility by City, or grantis�� ` , .: , . , by City oF �ride�i�icatian� :, s , . . ' , � - , , �. . ;� Aq��ee�z�t� �rith ,St�t�e or i�edera�. 6C►v��nma�t � � � � E �nder. wfif�h they, ar�e� provi�inq �undin�. ., Ii � �� ' ,. , � . � � ,' '�� • �� , � „ � ��"�� '��` s � :� ,' � ; ' � � '�� '; ; i �� :� ;� � �,�ti'�� l�c�te al�t�z ; ��. �n ��eme�t �Ci�gwir��-��v�d�r�+�� c�f��S��ut��+�/+t�► �- � ��,� �� , i�s�taca��e.; a Certificate vf �M��►�� sP�v��l� h� btr� , i' ��+ '°� �, :. , � {� o! tMea��►tt�chmeMts at time cf routi�g. � . . �iN/'� ��.� �4�'� I .� �. ... _ ��i .. ° !,.., � i t�+��..<^iS. F". . .A�� ..R:. .�- �' . . . . .(. :�` 1 • �; . . , . - ' , � �',�- �%� � - . AGREEMENT � This agreement, entered into �this y T}� day of �U�g�2 , 1984 by and between the CZTY OF SAINT PAUL, a municipal corpora- tion under the laws of the State of Minnesota, hereinafter referred to as "City" and GARY CORMICAN, his heirs, successors and assigns, hereinafter referred to as "Owner" ; concerns a premises commonly ' known as 63 W. Sycamore Street, Saint Paul, Minnesota, legally �� described as follows : Lot 32, Block 4, Lyton Addition to St. Paul WITNESSETH � WHEREAS, the City Council of the City of Saint Paul, after . . a public...,kiearing by Council R�solution No. 8�4-430 dated March 29, . � �.. 1984 did determine that there existed a hazardous and dangerous building at the above described subject premises; and WHEREAS, the Owner of the subject premises concurs with the , � City' s determination of March 1984, that the building is in fact � hazardous and needs to be made safe but feels that said building � can be made safe by doing substantial repair thereto; and WHEREAS, the City and the Owner desire to enter into this . Agreement for the purpose of setting forth their respective re- sponsibilities in carrying out to a successful conclusion the Owner ' s desire to suspend the City Council ' s Order directing the razing of said hazardous building; Accordingly, in consideration of the covenants and promises � a� .� � � . � � � . . �- �.�=y� . of Owner, made on behalf of himself, his successors and assigns, � the City agrees to delay the razing of said hazardous building subject to the following terms and conditions : l. Owner covenants that he will promptly secure the building to prevent vandalism or any other type of dangerous activity which would likely result in injury to persons or damage to property. 2 . Owner covenants that he will take corrective action to re- habilitate and restore the two-story, wood frame duplex residence at the above premises so that it no longer constitutes a hazard � or danger....to public safety or health. 3 . That specific plans and specifications indicating the corrective action to be taken shall be filed with and approved by the Division , of Housing and Building Code Enforcement within 30 days of the date � � of execution of this agreement. 4 . The Owner covenants he will complete the restoration by June l, . 1985 to the satisfaction of the Division of Housing and Building � Code Enforcemeritof the City of Saint Paul. 5 . The Owner covenants that he will obtain all necessary build- irig permits required to restore the two-story, wood frame duplex residence before the work is commenced. • 2 , • C O . • � � '� � � � . . � (I�-- �s- �� 6 . � That Owner covenants .that he will repair and make safe the roof of the buildinc� to the satisfaction of the Division of Housing Code Enforcement by December 14, 1954 . 7 . That Owner covenants that he will allow a representative of � the Division of Housing and Building Code Enforcement of the City ��of Saint Paul to enter upon the above premises at any reasonable � time to inspect the two-story, wood frame duplex residence and to determine whether substantial progress toward restoration has 'been - made. � _. ...,.�.._ 8 . , . L . . .�Nwr.. _...... That Owner covenants that he will submit an interim status report concerning the restoration of the two-story, wood frame duplex residence to the Division of Housing and Building Code Enforce- , ment of the City of St Paul on January 15 and March 15, 1985. 9 . . That Owner covenants that he will obtain a liability insurance policy on the building of no less than $500, 000. 00 from an insurance , company acceptable tfl the City. The policy shall include the City as a co-insured and shall include a provision ,which shall provide that said policy shall not terminate without at least ten (10) days notice to the City. Proof of the issuance of said policy shall be provided to the City within 48 hours of the date of execution of this agree- ment. • ' 3 . o� . . . � � . . @i=�s-y� � �o . That Owner covenants that the City shall not be liable to the Owner or any other person� for or on account of any injury, death or damage occasioned in, on, or about the subject building to . persons or property of any nature or sort whatsoever, or where- . soever arising, or for or on account of any death or any injury to persons or property that may result by reason of any lack of re- pair of said building, or by or from the use, misuse or non-use of said building by any person lawfully or unlawfully upon said premises, or by or from any act, omission or neglect of any such person. 11. � The_Dwner covenants and agrees to indemnify, hold�harmless, _ protect and defend the City from any and all loss, damage, claim of damage, liability, expenses, costs and reasonable attorney' s fees arising out of or resulting from or incurred in connection , with the matters or things heretofore specified, and from and ' against any and all damages or liability arising from any accident or occurrence causing injury or death to any person or property whomsoever or whatsoever due to the use or misuse of the building . by Owner. 12 . Without limiting costs which were or will be incurred by the City or any other costs incurred by a third party acting on behalf of the City, Owner covenants and agre� to promptly pay to the City all those costs incurred by the City in securing or boarding •' up the building or cleaning the premises . � ' 4 , c o . . � � � � . . � �,/= ��-�� 13 . In the event that Owner is unable to restore the hazardous structure before June 1, 1985 to the reasonable satisfaction of the Division of Housing and Building Code Enforcement, and as � provided in the agreement, or in the event Owner violates any of the covenants herein provided, Owner for himself and on behalf of any successor in interest in the subject property, agrees by way . of this written document to permit the City of Saint Paul to � enter upon the subject premises and raze the structure thereon pursuant to the Council ' s Order of March 29, 1984 and accordingly assess costs against the real estate without the necessity of � petitioni g the Court. " ~�• ' 14.. . . Owner shall neither assign nor transfer any rights or obli- gation or interests in the subject property without the prior � ' written consent of the City. f . 15 . . The Owner and City covenant and agree that the foregoing agreement and covenants shall run with the land, and that they ' shall, in any event, and without regard to technical classifica- tion or designation, legal or otherwise, be binding to the fullest extent of laws and equity, for the benefit and in favor of, and enforceable by the City of Saint Paul, Minnesota, both for and in its own right and also for the purposes of protecting the interest of the community. . • 5 . . � ov - �.� � - . . � �.�-�� . 16 . Promptly after compliance with the restrictions and covenants contained in this Agreement and at the request of the Owner, the City of Saint Paul shall furnish the Owner with an appropriate . instrument showing compliance. 5uch instrument shall be in such form and so executed as to make it recordable in the Office of • the Recorder of Ramsey County, Minnesota. Such document by the City of Saint Paul shall be a conclusive determination of the satisfactory termination of the covenants in this Agreement except for the covenants as set forth in paragraphs, 9, 10, 11 and 12 . WHEREFORE, the parties hereto, having read and understood the terms and conditions of this Stipulation and Agreement affix . . ...,.,� , ..___ their signatures hereto. CITY OF SAINT PAUL By ' • Its Mayor Approved as to Form: _ BY J � Its Director, Department of { ly k Finance and Management Serv?ces Assistant City Attor ey . By Its Director, Department o Community Services , GARY CO,RMICA� Y" / - - � ,!�`L� / �'-�l/l/i�' . '� o v c o . , ` �' , • � . .. . � � (�� STATE OF MINNESOTA ) � � ) ss. � COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of ,1984 by Geo�ge Latimer, Mayor of the City of Saint Pau , a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary Public STATE OF MINNESOTA - ) ) ss. - COUNTY OF RAMSEY ) � �' The foregoing instrument was acknowledged before me this ' day of , 1984 by Peter G. Hames, Director, Depart- � ment of Finance and Management Services of the City of Saint Paul, a municipal corporation under the laws of the State of Minnesota, n behalf of the corporation. . Notary Public _. ....,� , , � L . . �+fiaer..� ..,,. STATE OF MINNESOTA ) , ) ss. COUNTY OF RAMSEY ) The foregoing instrument was� acknowledged before me this day of , 1984 by Kathleen A. Stack, Director, ' • DEpartment of Community Services of the City of Saint Paul, a � municipal corporation under the laws of the State of Minnesota, on� behalf of the corporation._ _ Notary Public STATE OF MINNESOTA ) ) ss. ' COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this �'�� day of ��4 c� , 1984 by Gary Cormican. �'"`` �%�^�.�' ��A.V�� •r ��.�p�� 1Jotary Public . - Vr/1St�HtiTON C�OUNTX tqea.ar�o.�.}rMr��•N� � � 7 ov - � � � . . , (�r= ��-�� ',,�1=• 0,. CITY OF SAINT PAUL ` ' r. OFFICE OF THE CITY ATTORNEY � N[% �,m ""�1°�' �� EDWARD P. STARR, CITY ATTORNEY ?`Qfn�e� 647 City Hall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR November 20, 1984 Steve Roy Housing and Building Code Enforcement 445 City Hall Bldg. Re: 63 W. Sycamore Our file S84-0151 Your file #4285 Dear Steve: Enclosed is resolution pertaining to the above hazardous building per our conversation. Sincerely, JOHN B. MCCORMICK Assistant City Attorney JBMcC:rl Enc. - � ` � �.5=�� CITY OF SAINT PAUL - OFFIC� OF TH� CITY COUNCIL ' �...�.�� ........�* �...,�.G �= Ddte � Oecember 31 , 1984 COMM (TTEE RE PORT TO = SQint PQU I Cii�y Counci[ F R� � � C o m m it t e e o n C i ty Deve 1 opment and Transportat i on CHAIR W� � � iam �. Wi ison J1 . Resolution authorizing an agreement with Gary Cormican for the rehabilitation of a hazardous structure located at 63 W. Sycamore. Committee recommends approval � 2. Bus Shelter�s Fra�chise Committee recommends approval 3 . Letter of the Mayor transmitting Planning Commission recommendations for zoning changes in the Irvine , Park and Leech-McBoal area pursuant to a 40 Acre Study. Committee recommends approval with the attached amendment. 4. Letter of the Mayor transmitting Planning Commission recommendations to adopt the Smith Avenue Plan, Smith Avenue 40 Acre Study Zoning Changes and Smith Avenue Special District Sign Plan. Committee recommends approval CTTY HALL SEVENTH FLOOR SAIN'T PAUL. MINNFSOTA 55102 �.,� .