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85-1718 WH17E - CITV CLERK � PINK • - FINANCE COUIICIl �/-/ CANARV - DEPARTMENT GITY OF SAINT PAUL File NO. ��- / ��" BLUE - MAVOR • � C unci Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLUTION DESIGNATING AND APPROPRIATING CERTAIN MONIES AND FUNDS FOR USE AS AN OPERATING RESERVE FOR THE BLOCK L PUBLIC PARKING RAMP BE IT RESOLVED, by the Council of the City of Saint Paul, Minnesota, as follows: 1. It is necessary and beneficial to the City of Saint Paul, Minnesota (the "City") to undertake and construct or financially assist in the construction of that block bounded by Sibley, Jackson, and Fourth Streets and Kellogg Boulevard ("Block L"), a public parking ramp for approximately 1,000 cars (the "Ramp"). 2. Financing for the construction of the Ramp, in the form of a $8,000,000 ten-year mortgage loan in favor of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "HRA") (the "Loan"), is to be provided by The First National Bank of Saint Paul (the "Bank") based upon, among other things, certain undertakings of the City hereinafter described, and certain assumptions as reflected in the operating projections for the Ramp prepared by Walker Parking Consultants entitled "Preliminary Financial Analysis Block L Parking Facility" dated October 15, 1985 (the "Projections"). 3. Terms of the Loan will include, among other things, establishment of an operating reserve fund and a debt service reserve fund (the "Reserve Funds"), which Reserve Funds are to be totally funded at the closing of the Loan by the HRA and Lowertown Redevelopment Corporation. 4. The Bank has also required, as a condition precedent to making the Loan, the creation of an additional custodial reserve fund (the "Custodial Fund"), which Custodial Fund will be funded by the City and disbursed to pay certain operating and debt service deficits of the Ramp as and when they occur during such time as any amounts remain unpaid under the Loan. 'the Custodial Fund is to be funded by the City from its Parking and Transit Fund (the "Transit Fund"), into which Transit Fund is deposited by the City and Ramsey County the revenues and income of (a) the City's parking meters, parking ramps and lots, (b) Ramsey County's parking fines, and (c) the HRA's parking lots. COUNCILMEN Requested by Depa ent of: Yeas � Nays Drew In Favor Masanz NiCOSia scneibei __ Against BY Tedesco �or�nen Form Ap v City Atto ne Adopted by Council: Date Certified Passed by Council Secretary BY gy. t#pproved by Nlavor: Date Approv y Mayor Eor Submi 'on $ Council By _ — By �� : . . . � �5--i��� 5 . There shall be established, at the Bank or First Trust Company, Inc. , a joint account in the name of the Bank and the City, in which the Custodial �Fund will be held. Said account shall be designated the "Custodial Fund - Block L Parking Ramp Account" (herein the "Block L Account" ) . The Block L Account and the Custodial Fund held therein shall be maintained at all times while any amounts remain unpaid under the Loan. . � 6 . Unless otherwise consented to by the Bank, the Block L Account may only be drawn upon to pay Operating Deficits (including any Operating Deficits for any prior year or years ) . Operating Deficits shall mean: �( For �ach calendar year, the amount, if any, ��by which t�he sum of : (a) Actual Ramp operating expenses, plus � (b) The amount of reasonably scheduled reserves - for major maintenance and repairs, plus (c) All principal and int�erest payments due on the Loan, � exceeds the sum of : (i ) All revenues and income (exclusive � of insurance proceeds ) from the operation and use of the Ramp, plus � (ii ) The amounts scheduled by the HRA to � be paid from the Reserve Funds to pay operating expense deficiencies of the Ramp and debt service deficiencies on the Loan, as set forth in the attached Exhibit A, which amounts are based upon, among cther things , the Projections . � 7 . On January 1 , 1988 , the City shall deposit $200 , 000 into the Block L Account. Thereafter, on December . 1 , 1988 , and on December 1 of every year thereafter while any amounts remain unpaid under the Loan, the City and the Bank shall mutually agree upon the estimated Operating Deficits for the ensuing 2 � = . . � n�C�',�-/7l d' calendar year and any unpaid Operating De£icits for the current calendar year. Said estimated Operating Deficits shall be determined based upon, among other relevant f�ctors , the following: (a ) The Projections , (b) The current calendar year' s operating revenues and income, operating expenses and debt service - payments for the Ramp, (c) The amounts withdrawn or estimated to be withdrawn from the Block L Account for the current calendar year , (d) Amounts scheduled to be disbursed from the Reserve Funds in the ensuing calendar year, � and � (e) The debt service payments to be made in the • ensuing calendar year on the Loan. On January 1 of each year during which any amounts remain unpaid under the Loan, the City shall cause to be deposited into the Block L Account the amount of (i ) such agreed upon estimated Operating Deficits for the calendar year then beginning, plus (ii ) the unpaid Operating Deficits for the prior calendar year, less (iii ) the amount of any undisbursed funds in the Block L Account for the prior calendar year. If the required amount of funds are not then on deposit in the Transit Fund, the City shall deposit said amounts into the Block L Account . as soon as revenues sufficient therefor are deposited into the Transit Fund. If the City and the Bank cannot reach agreement in December on the amount of the estimated Operating Deficits for any ensuing calendar year, the amount to be so deposited on January 1 of said ensuing calendar year shall _ in any event not be less than $200 , 000 plus the unpaid Operating Deficits for the prior calendar year; however, the City and the Bank shall in all cases negotiate in good faith to estimate . said Operating Deficits. 8 . �f during the course of any calendar year it becomes apparent that the amount on deposit in the Block L Account will be insufficient to pay that calendar year' s actual operating and debt service deficits � for the Ramp (taking into account those amounts . 3 ' 11UL an oDiigation or the City within the meaning - of any State law or the City Charter. � 11 . Monies on deposit in the Block L Account .shall be invested at market rates , at the direction of the City Treasurer, for the benefit of the City. Interest earnings in the Block L Account � shall be paid to the City annually for deposit . in the 2ransit Fund. 12. At such time as the Loan is paid in full , all amounts held � in the Block L Account shall be paid to the City. . 4 � . . . • � ` } . �� " \ �.. �.�� WHI7E - CITV CLERK . PINK - FINANCE COUIICII v �/ _��/ // CANARV - DEPARTMENT G I TY OF SA I NT PALT L /J �S ! �� eLUE - MAVOR File NO. v �� � � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 13. The form of the "Funding Agreement" attached hereto relating to the above is hereby approved, and and are hereby authorized to execute and deliver the same to the Bank on behalf of the City. 5 �� P,� b ��. 5� 2� , COUNCILME[V Requested by Department of: Yeas � Nays � Drew [n Favor Masanz Nicosia Scheibel __ Against BY Tedesco ���`�'en ��� 3 j '�85 Form A ov y ty Atto e � Adopted by Council: Date Certified Pa: Council eta BY � - By, �lpprov lVlavor: Date DEC 3 i �g� Appr d Mayor for Submiss' t Council BY - BY �'^"°' PU��=��d�� u���`� 1 l 1986 - _ _ � _ . . � . � � �'�� � L7,� �s-��7i� -2- fin,ancing, such reserve to be funded from the City' s Parking nd Transit Fund (the "Transit Fund") . 5 . There shal. be established, at e First National Bank of Sain Paul , a joint acc unt in the name of the Bank and t e City (the "Blo k L Parking Ramp Project Reserve ccount" or "B ock L Account") which shall be m intained duri g the term of the Bank' s financing. 6. The Block L Accoun may be d awn upon to meet Oper- ating Deficits , whi h shall e defined as follows : Operatin� Deficits re d fined as the annual amounts of (1) actu r p operating expenses due and payable in a alendar year; (2) amounts scheduled to reserved or applied to major mai.ntenance d repair expenses ; and (3) scheduled debt s vi ce on the revenue bonds,_ in excess of revenue re eived from operations of the Block L Park'ng Ra p and of amounts scheduled to be ap ied to the expenses and debt service from he Opera ing Reserve and Debt Service Acco ts . On December 1 , 1988 and each su sequent December 1 during the term of the Bank fina cing , the City and the Bank shall mut ally agree up a projected annual operating deficit. The annual pr ' ected operating deficit shall be etermined based pon the following factors : (a) The proje tions contained in he "Prelim- inary Fi ancial Analysis Bloc L Parking Facility' dated October 15 , 19 5 by Walker arking Consultants ; 3 � � • ��. � y- j7/�' -3- (b) The curre t year' s operating reve es and expen s for the parking ramp , (c) The amounts ithdrawn or projec ed to be withdrawn rom the Project scrow Account for t e current calen ar year; (d) Amounts schedul d to be app ied from the debt service reserve counts in the ne�t calendar ear; d (e) The next years sche ul d debt service on the revenue bond . 7 . The Block L Account shall funded, initially, on January 1, 1988 with $200 00 to be pl.edged from the Transit Fund. 8 . Upon mutual written a eement to the projected annual operating defi its , the ' ty shall pledge an amount from the Tran it Fund to e deposited in the Block L Account suf icient to meet�. such projected annual operating d ficits (the "Pledged Funds") . The Pledged Funds shall be deposited as and when available from t e Parking and Transit Fund. 9 . The agreement fund the Block L Account shall not and does not nstitute a �eneral obligation of the City nor , n obligation of the City within the meaning of any State law or the City Charter. WH17E - CITV CLERK � PINK - FINANCE GITY OF SAINT PALTL Council CANARV - DEPARTMENT � � } � BIUE - MAVOR File N 0. � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date -4- 10. Monies on depo ' t in the B1ock L count shall be invested at mark t rates , at the irection of the City Treasurer, f the benefit f the City. Interest earnings s ll be paid to the City annually for deposit in the Pa king and ransit Fund. 11. The City and Bank shall nter into , and the City is authorized to enter i o nd execute, a Funding Agreement specifying the , funding and disburse- ment of the Block L Accoun The form and terms of said Funding Agreement sh 11 be approved by the City Attorney. I� IZ�1 COUNC[LMEN Requested by Dep ent of Yeas Nays Drew Masanz In Favor Nicosia Scheibel sonnen __ Against BY Tedesco W i Ison Form Approved by City Attor ey Adopted by Council: Date Certified Yassed by Council Secretary BY ' BY A►pproved by ;4lavor: Date Approved by Mayor for Submission to Council gy gy �� WHITE - CiTY CLERK � � � � PINK _ - FINANC�E G�TY OF SAINT� PALTL Council �.��:. r.. .� � CANARV - DEPARTMENT . BIUE -MAYOR' '_. F1Ie NO. ��F ... �.���.', �� '►�`''�` �.-� Cou .nci R esolut`ion . �: .. ' r°� � ,�`� � J�� � � .1 Presented By t .�`.r'�:'f�.�r�`�`�..�;!. � Referred To Committee: Date Ont of Committee By Date, � �� � � ;.,�� . . -, � ' �, �Z'IEt 'lL�7G►; � !�� =is'�', �' /11�1 C�At. #!! Jl+�!!�l��„ � t�Qit . 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A gai ns t � t Tedesco ` Wilson ,�t` . � ' ' � Forn�Ap oved by'�ity torney Adopted by Eouncil: Uate• � - , .. , ; �, r�, . , ;1� v�; `+�`��, � Certifietl Passed by Council Secretary BY + ��:.. By ,. . � .� � � Approved by Mavor. Da�e Approv��by b,�ayor for S�ission tD ConnciT „ � - } � „q; ,� By e �_:: �.•. r? .�,._ .:�.,_, , `