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85-941 WHITE - CITV CLERK PINK - FINANCE GITY � OF SAINT PALTL Council 8�. �` CANARV - DEPARTMENT BLUE - MAYOR File NO. V � ounci Resolution Present d By ' ` �, � �— .�-- Referred To �'��° /��1lG�I�.T7� Committee: Date J — ��`�J Out of Committee By Date WHEREAS: 1. On April 23, 1985 the Port Authority of the City of Saint Paul adopted Resolution No. 2451 giving preliminary approval to the issuance of a tax exempt mortgage note in the initial principal amount of $700,000 to finance the acquisition and rehabilitation of the old Van Waters and Rogers building at 2313 Wycliff in St. Paul by Update Company. Update Company will lease the facility to Sherwin Williams Company for a regional distribution center, district office and a decorating center. 2. Laws of Minnesota 1976, Chapter 234, provides that any issue of revenue bonds suthorized by the Port Authority of the City of Saint Paul, shall be issued only with the consent of the City Council of the City of Saint Paul, by resolution adopted in accordance with law; 3. The Port Authority of the City of Saint Paul has requested that the City Council give its requisite consent pursuant to said law to facilitate the issuance of said revenue bonds by the Port Authority of the City of Saint Paul, sub�ect to final approval of the � details of said issue by the Port Authority of the City of Saint Paul. RESOLVED, by the City Council of the City of Saint Paul, that in accordance with Laws of Minnesota 1976, Chapter 234, the City Council hereby consents to the issuance of the aforesaid revenue bonds for the purposes described in the aforesaid Port Authority Resolution No. 2451 the exact details of which, including, but not limited to, provisions relating to maturities, interest rates, discount, redemption, and for the issuance of additional bonds are to be determined by the Port Authority, pursuant to resolution adopted by the Port Authority, and the City Council hereby authorizes the issuance of any additional bonds (including refunding bonds) by the Port Authority, found by the Port Authority to be necessary for carrying out the purposes for which the aforesaid bonds are issued. COUNCILMEN Requested by Department of: Yeas Nays � Fletcher Drew In Favor IrFa�Ywt Nfcosia scnetbe� __ Against BY Tedesco Wilson Adopted by Council: Date JUL I � I�J Form Approved by City Attorne Certified P s e ouncil e BY / �^"� �' �S� gy, Approved b 'Navor: Date � — �� '�'� `,�L � by Mayor for Sub s i to Council Pu��B J U L 2 7 1985 EPARTI4EN� ,,� � �,�; '��/ C.M. Towle, E.A. 4Craut �ONTACT ' _ 224-5686 PHONE �� �� � � April 23; 1985 DATE {Ro � anation Sheet) _, , . _ �� _. . , _ � . .: , . . ,: _. . . . �,., _ - .�.� �;..,� _ , �. ._. �: ..._ .. _. . . . :>T: � -� - - �.- �,� .��� Assign i�umber for Routing Order (Clip A1 for hlayoral Signature) :r, �� ECEIVED Department Di rector �. Ci ty Attorn�y �� MAY 2 19� �'�3 Di rector of Management/May�r ���' CITY ATTORNEY 4 Finance and Management Services Director UPDATE COMPANY 5 City Clerk $700,000 TAX EXEMPT MORTGAGE NOTE Budget Director �'_�t�t�!V C.L7 �1 AY � i985 LJha� 4Ji 11 be �chi eved�_'i aki ng Acti on on the ������i��Ff�teri al s? (Purpose/Rati onal e� The purpose of the tax exempt mortgage note i-s to finance the acquisition and rehabilitation of the old Van Waters and Rogers building at 2313 Wycliff in St. Paul by Update Company who will lease the facility to Sherwin Williams Company for a regional distribution center, district office and a decorating center. Financial , B;�dc�etary and Personnel Impacts P,nticipated: The amount of the tax exempt mortgage note is $700,000 and will be for a term of 20 years. This is a non-876 project; therefore, the credit of the Port Authority is not involved. There will be approximately 20 new jobs created as a result of this project. Funding Source and Fund Activity Number Charged or Credited: Attacf�rr�nts (L�st and Number a17 Attachments) : 1 . Staff inemorandum 2. Draft City Council Resolution 3. Port Authority Resolution No. 2451 cc. R. Thorpe i��K�i i��.r��c� ' 3r.s. ..�; _ pEPAR-i��E�r'T REVI�:•J CITY ATTORNEY REVIEW X Yes No Council Resolution Required? Resolution Required? X Yes No Yes _� f;o Insurance RPquired? Insurance Sufficient? X Yes ho Yes � Pio Insurance Attached? Revision of Qctober, 1982 ��pP RPVPY'SP �i c1P fnr Instructi ons) i � ��,� �y � � . � CITY OF S�INT P.A�UL , -,„�.; OFFICE OF THE CITY COIINCIL MNStaou�w ��1=��1�1[lL��, . ��'� � Date : Ju1y 8, 1985 C � MM (TTEE REPORT � TO = SQ�nt PQU ! Cifiy Counci[ F R � M � C o m m ii��e s Q h C i ty Deve 1 opment and Tr�nsportat i ort CHAIR wi 1 1 iam �. Wi lson 1 . Resolution �uthorizing an agreernent between th� City and the Riverfront Redevelopment Corp. whicn will authorize PED to provide accounting, auditing and other financial administration services to the Redevelopment Corp, (Committee recommends approval ) 2. Resolution authorizing issuance of P�rt A�uthorit�► tax exempt mortgaqe note in the amount of $700, OOO� to finance the acquisition and rehabilitation of the old Van Waters anc� Rogers buiT`ding at 2313 Wycliff - in St. Paul by Update Co. (Commft�tee recommends approval - Jim Hart witl review for possible amendment before Council meeting) � 3�. Setby/Dale UDAV (Committee recommenc�s approval ) 4. Lease� agreement with Jebco Properties for space on th� nintn floor of the Commerce Builcfing. (Committee recommends approval with an amendment directing the Mayor to appoint someone to cio a long range space study and report back to the committee . in three months. ) C��I-I- SEVENTH FLOOR SAINT PAUL,MINNESOTA SSI02 .�.�� �, . . . " P � R T . � . � � �`��'�r AUTHORITY OF THE CITY OF ST. PAUL Memorandu�n TO: BOARD OF COMMISSIONERS �A�� April 18, 1985 (April 23, 1985� Regular Meeting) � FROM: C.M. T � � SUBJECT: UPDATE COMPANY PUBLIC HEARING - PRELIMINARY AGREEMENT ' $700,000 TAX EXEMPT MORTGAGE NOTE PRIVATE PLACEMENT (NON-876) OFF-SITE RESOLUTION N0. 2451 The Update Company wishes to acquire and rehabilitate the old Van Waters and Rogers building at 2313 Wycliff and lease it to Sherman Williams Company for a regional distribution center, district office and a decorating center. The First Security State Bank has agreed to fund this tax exempt mortgage note and Port Authority credit is not involved. The Update Company is owned by Charles and Caroline McCann and has redeveloped over 200,000 square feet of industrial and commercial buildings primarily in the Midway area. The neighborhood District Council has approved this project. The Port Authority will be receiving sinking fund earnings� and its customary fiscal and administrative fees. Staff recommends approval of Resolution No. 2451. CMT:ca Attach. e , . ,- • � �,.s�� J�i Resolution No. a.?S�S� RESOLUTION OF THE PORT AUTHORITY OF THE CITY OF SAINT PAUL WHEREAS, the purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Develop- ' ment Act (hereinafter called "Act") as found and detenained by the legislature is to p=omote the welfare of the state by the active attraction and encouragement and develognent of econo�ni- cally sound industry and commerce to prevent so far as possible the emerqence of blighted and marginal lands and areas of chronic unemployment and to aid in the development of existing areas of blight, marginal land and persistent unemployment; and WHEREAS, factors necessitating the active prmnotion and development of economically sound industry and comiaerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; and WHEREAS, The Port Authority of the City of Saint Paul (the "Authority") has received from the Update Company (hereinafter referred to as "Company" ) a request that the Authority issue its revenue bonds (which may be in the form of a single note) to finance the acquisition and renovation of the Van Waters and Rogers� Building at 2313 Wycliff (hereinafter collectively called the "Project") in the City of St. Paul, all as is more fully described in the staff report on file; and WHEREAS, the Authority desires to facilitate the selective development of the co�nmunity, to retain and improve its tax base and to help it provide the range of services and employment opportunities required by its population, and said Project will assist the City in achieving that objective. Said Project will help to increase the assessed valuation of the City and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the City; and , . � �'�- _ �'�/ WHEREAS, the Project to be financed by revenue bonds will result in substantial employment opportunities in the Project; WHEREAS, the Authority has been advised by repre- sentatives of the Company that conventional, cammercisl financing to pay the capital cost of the Project ,is available only on a limited basis and at such high costs of borrowing ' that the econaaic feasibility of operating the Pro�ect would be significantly reduced, but the Company has also advised this Authority that but for revenue bond financing, and its reaulting low borrowi.ng cost, the Project would not be undertaken; 1 WAEREAS, Miller � Schroeder Municipals, Inc. (the "Underwriter") has made a proposal in an agreetaent (the "Underwriting Agreement") relating to the purchase of the revenue bonds to be issued to finance the Project; WHEREAS, the Authority, pursuant to Minnesota Statutes, Section 474.01, Subdivision 7b did publish a notice, a copy of which with proof of publication is on file in the office of the Authority, of a public hearing on the proposal of the Company that the Authority finance the Project hereinbefore described by the issuance of its industrial revenue bonds; and WHEREAS, the Authority did conduct a public hearing pursuant to said notice, at which hearing the recommendations contained in the Authority' s staff inemorandum to the Commissioners were reviewed, and all persons who appeared at the hearing were given an opportunity to eapress their views with respect to the proposal. NOW, THEREFORE, BE IT RESOLVED by the Commissioners of the Port Authority of the City of Saint Paul, Minnesota as follows: � � 1. On the basis of information available to the Authority it appears, and the Authority hereby finds, that said Project constitutes properties, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01 of the Act and, but for the willingness of the Authority to furnish such financing, the Company would not undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce and assist in the 2 e � _ . . � �'�'~ iy/ prevention of the emergence of blighted and marginal land, and will help to prevent chronic unemployment, and will help the City to retain and improve its taa base and provide the range � . of services and employment opportunities required by its population, and will help to prevent the movement of talented and educated persons out of the state and to areas within the state where their services may not be as effectively uaed and will result in more intensive development and use of land within the City and will eventually result in an increase in � the City's taa base; and that it is in the best interests of the port district and the people of the City of Saint Paul and in further�nce of the general plan of developaent to assist the Con�any in financing the Project. � 2. Subject to the mutual agreement of the AutY�ority, the Company and the purchaser of the revenue bonds as to the details of the lease or other revenue agreement as defined in the Act, and other doctunents necessary to evidence and effect the financing �of the Project and the issuance of the revenue bonds, the Project is hereby approved and authorized and the issuance of revenue bonds of the Authority (which may be in the fona of a single note) in an amount not to exceed approzimately $700,000 (other than such additional revenue bonda as are needed to c�aplete the Project) is authorized to finance the costs of the Project and the reconanendations of the Authority' s staff, as set forth in the staff inemorandum to the C7oa�uaissioners which was presented to the Commissioners, are incorporated herein by reference and approved. 3. In accordance with Subdivision 7a of Section 474.01, Minnesota Statutes, the Eaecutive Vice-President of the AUTHORITY is hereby authorized and directed to sulxait the proposal for the above deacribed Project to the Coneaissioner of Enerqy and Econo�aic Developnent, requesting his approval, and other officers, employees and agents of the AUTHORITY are hereby authorized to provide the Commissioner with such preliminary information as he may require. ' 4. There has heretofore been filed with the Authority a form of Preliminary Agreement between the Authority and Company, relating to the proposed construction and financing of the Project and a form of the t7nderwritin� Agreement. The form of said Agreements have been eaamined by the Commissioners. It is the purpose of said Agreelaents to evidence the commitment of the parties and their intentions 3 e . � _ � . ��� 9�� ` � with respect to the proposed Project in order that the Company may proceed without delay with the cdmmencement of the acquisition, installation and construction of the Project with the assurance that there has been sufficient "official action" , under Section 103(b) of the Internal Revenue Code of 1954, as amended, to allow for the iesuance of industrial revenue bonds (including, if deemed appropriate, any interim note or notes to provide temporary financing thereof) to finance the entire cost of the Project upon agreement being reached as to the ultimate details of the Project and its financing. Said Agreesnents are , hereby approved, and the President and Secretary of the Authority are hereby authorized and directed to execute said Agreements. 5. Upon execution of the Preliminary Agreetnent by , the Company, the staff of the Authority are authorized and directed to continue negotiations with the Company so as to resolve the remaining issues necessary to the preparation of the revenue agreement and other doctunents necessary to the adoption by the Authority of its final bond resolution and the iasuance and delivery of the revenue bonds; provided that the President (or Vice-President if the President is absent) and the Secretary (or Assistant Secretary if the Secretary is absent) of the Authority, or if either of such officers (and his alternative) are absent, the Treasurer of the Authority in lieu of such absent officers, are hereby authorized in accordance with the provisions of Minnesota Statutes, Section 475.06, Subdivision 1, to accept a final offer of the Underwriters made by the Underwriters to purchase said bonds and to execute an underwriting agreement setting forth auch offer on behalf of the Authority. Such acceptance shall bind the Underwriters to said offer but shall be subject to approval and ratification by the Port Authority in a formal supplemental bond resolution to be adopted prior to the delivery of said revenue bonds. 6. The revenue bonds (including any interim note or notes) and interest thereon ahall not constitute an indebtedness of the Authority or the City of Saint Paul within the meaning of any constitutional or statutory limitation and shall not constitute or give =ise to a pecuniary liability of the Authority or the City or a charge against their general credit or taxinq powers and neither the full faith and credit nor the taxing powers of the Authority or the City is pledged for the payment of the bonds (and interim note or notes) or interest thereon. 4 a • -� s- - ��� _ , . ._ . . . . , 7. In �order 'to facilitate completion of the revenue bond financing herein contemplated, the City Council is hereby requested to consent, pursuant to Laws of Minnesota, 1976, Chapter 23�4, to the issuance of the revenue bonds (including any interim note or notes) herein contemplated and any � additional bonds which the Authority may prior to issuance or from time to time thereafter deem necessary to c�nplete the • Project or to refund such revenue bonds; and for such purpose the Eaecutive Vice President of the Authority is hereby authorized and directed to forward to the City Council copies of this resolution and said Preliminary Agreement and any ' additional available information the City Council may request. 8. The actions of the Executive Vice-President of � the Authority in causing public notice of the public hearing and in describing the general nature of the Project and ' estimating the principal amount of bonds to be issued to finance the Project and in preparing a draft of the proposed application to the ConQaissioner of Energy and Econaaic Develo�aent, State of Minnesota, for approval of the Project, which has been available for inspection by the public at the office of the Authority fraa and after the publication of notice of the hearing, are in all respects ratified and confirmed. ,, , , Adopted April 23, 1985 --- /.. Attest � ` � �-- --�__ Presiden Th uthority of the City Sain Paul G�Q�' Secre ' 5 -�.;,� , . _ ��J� � >�� . y . � �t f PORT AUTHORITY OF THE CITY OF SAINT PAUL TOLL FREE(800) 328-8417 25 WEST FOURTH STREET • SUITE 1305 • ST. PAUL, MINN. 55102 • PHONE (612) 224-5686 April 23, 1985 Mr. James Bellus, Director RECEIVED Planning and Economic Development Department City of St. Paul 14th Floor, City Hall Annex ��AY � 1'ap5 St. Paul, Minnesota 55102 CITY ATnrOf��dEY SUBJECT: UPDATE COMPANY (SHERWIN WILLIAMS PROJECT) $700,000 TAX EXEMPT MORTGAGE NOTE Dear Jim: We submit herewith for your review and referral to the office of the Mayor, City Council and City Attorney's office details pertaining to the issuance of a $700,000 tax exempt mortgage note to finance the acquisition and rehabilitation of the old Van Waters and Rogers building at 2313 Wycliff in St. Paul by Update Company. Update Company will lease the facility to Sherwin Williams Company for a regional distribution center, district office and a decorating center. The Port Authority staff has conducted a thorough evaluation of the firms and/or individuals that are involved in this project or in which the principals have an interest. This investigation has included detailed credit analysis, Dun and Bradstreet reports, direct communication with representatives of financial institutions with whom the participants have done business and data base checks to determine if any principal(s) have been in any way involved in legal proceedings as a result of securities fraud, extortion, embezzlement or financial misrepresentation. In addition to the staff inemorandum, we are attaching a draft copy of the proposed City Council resolution and a copy of Port Authority Resolution No. 2451 which authorized the sale of the tax exempt mortgage note in the amount of $700,000. Your expeditious handling of this matter will be appreciated. Yo,urs truly, ,Eugene A. Kraut EAK:ca Executive Vice President cc. Mayor Latimer -� :UGENE A KRAUT,C.I.D. DONALD G.DUNSHEE,C.I.D. CHARLES M.TOWLE CLIFFORD E.RAMSTED PERRY K.FEDERS EXECUTNE V10E PRESIDENT ASST.EXEC.VICE PRESIDENT DIRECTOR OF INDUSTRIAL DEVELOPMENT CHIEF ENGINEER DIRECTOR OF FINANCE C.E.O. RICHARD A GIERDAL WILLIAM E.McGNERN PROPERTV MANAGER DIRECTOR OF PUBLIC REL4TIONS �OMMISSIONERS GEORGE W.WINTER WILLIAM WILSON ARTHUR N.GOODMAN VICTOR P.REIM RAYMOND E.IANGEVIN CHRIS NICOSIA JEAN M.WEST PRESIDENT VICE PRESIDENT SECRETARV TREASURER COMMISSIONER COMMIS$IONER COMMISSIONER �.I.D. Certified Industrial Developer