00-1151Council File # �O � \l51
ORIGI �,�L
Presented By
Referred To
RESOLUTION
CITY OF SAINT PAUL,
G]
Green Sheet # I o �( S.4 3
f,
Date
1 WHEREAS, the City Council originally adopted Council File # 00-899 on September 27, 2000,
2 which gave the property owner 15 days to repair or remove the nuisance structure located at 414
3 Edmund Avenue in St. Paul;
4
WHEREAS, the property owner petitioned for and received a Writ of Certiorari from the Court
of Appeals;
10
11
12
13
14
15
16
17
18
19
20
21
22
WHEREAS, the City is currently stayed from demolishing the structure located at 41A Edmund
Avenue in St. Paul until resolurion of the Writ of Certiorari;
WHEREAS, since the passage of the resolution, the property owner has entered into a purchase
agreement with an individual who is willing to pay the vacant building fees, pull permits and
rehabilitatethe structure;
WHEREAS, the City Council is desirous of having the nuisance property rehabilitated without
fiirther expenses associated with litigation;
BE IT RESOLVED, that the Saint Paul City Council hereby approves the contents of the
attached Settlement and Release Agreement and authorizes the City Attorney and/or his duly
authorized representative and a representative from vacant buildings to sign and execute the
attached agreement.
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date e[s Go 2��
By : ���
�
Requested by Department of:
c� c� c � Ccfv� ��/+��__
B ��� ��� l
Foxm Approved b City Attorney
f � , (/ �n
9 `r
Bp: (��/� kJ / . , (f '.
7
Approv May r for Submission to Council
By:
Adopted by Council: Date �s.c., �TC�C�
On-tL51
�,�a��
11/30/00
TOTAL # OF SIGNATURE PACaER
GREEN SHEET
�...,��
No 1 C !� ? � 3
��
❑ �..,� ❑ a,.� _
❑ .,�..�, � ❑ .,�.,�,�.a
❑MYORI�At9�TMI1) ❑
(CLIP ALL LOCATIONS FOR SIGNATUREy
Resoiution Approvi� a Settlement Agreement Between the City of St.
Paul and Ford Cons�er Finar�ce Industrial Loan Company.
PLANNING CAMMISSION
CB COMMITTEE
CIVIL SERVICE CAMMISSION
tws mis ae�soNrrm e�.er workea unaer e canha.t rw mu depammem7
YES NO
Fiaa thia P�eoNfirm ever been a dtY emWuYee4
vES NO
Ooes thie Pecsonlfi�m P� a sWL rot rn�malbP�� M' �Y cumeM city emWoYee4
VES NO
Is thie perBOrJfiim a terpeted vendoR
YES NO
Ford Filed a writ of Certiorari against the City
ny_��.cr.r�a.�
Settles case< property rehai�ilitated.
None
Continuous lit�qation and nuisance property remains
TRANSACTION
sourtce N/A
INFORMATON (IXPWNJ
COST/REVFNUE BUDfiETm (CIRCLE ON� , YES NO
ACTIVI7YNUMBER
B� R�SB�uSC�! f;��i�i�C
Oa-l�s�
STATE OF 1VTINNESOTA
IN COURT OF APPEALS
Ford Consumer Finance Industrial
Loan Company, a Minnesota corporation,
n/k/a Associates Home Equity Industrial
Loan Company, a Minnesota corporation,
Relator,
vs.
City of Saint Paul,
Respondent.
SETTLEMENT AND
RELEASE AGREEMENT
Court of Appeals Case No. CX-00-1919
This Settlement and Kelease Agreement is effective as of December _, 2000 between
Relator Associates Home Equity Industrial Loan Company (f/k/a Ford Consumer Finance
Industrial Loan Company (hereinafter "Associates"), Respondent City of St. Paul (hereinafter
"City"), and Sundiata Menelik.
RECITALS
WHEREA5, this appeal involves the real properry located at 414 Edmund Avenue, City
of St. Paul and is legally described as:
Lot 22, Block 9, Smith Subdivision of Stinson's Division of the
Northwest 1/4 of Section 36, Township 29, Range 23, County of
Ramsey, State of Minnesota
("subject property").
00 -��s �
WfIBREAS, on or about January 26, 1995, Leone Medin executed a Mortgage on the
subject property in favor of Ford Consumer Financial Industrial Loan Company which was filed
for record in the Office of the Ramsey County Recorder on March 24, 1995 as Document
Number 2860934.
WFIEREAS, Leone Medin subsequently defaulted on the mortgage payments.
WHEREAS, Associates was unable to compel Leone Medin to make the required repairs
in order to comply with the City Code.
WHEREAS, the City of St. Paul intended to demolish the aforesaid subject properiy as a
result of the failure to rectify the code violations.
WHEREAS, on September 27, 2000, a Hearing was held before the City Legislative
Hearing Officer who concluded that the subject property comprised a nuisance condition which
necessitated the demolifion and removal of the building on the subject properry.
WIIEREAS, the St. Paul City Council accepted the Legislative Hearing Officer's
Findings and Order and passed a Resolution, dated September 27, 2000 requiring the demolition
of the subject property.
WHEREAS, the Mayor signed the Resolution on October 4, 2000.
WHEREAS, prior to the signing of the Resolution, Associates began the process of
foreclosing the property by advertisement.
WHEREAS, Associates purchased the subject property at the Sheriff s Sale which was
held on August 31, 2000 and that said purchase was contingent upon the expiration of the five-
week redemption period.
2
oo-��st
WHEREAS, the fee title to the property did not vest in the name of Associates unril
October 2000.
WHEREAS, Associates filed a Writ of Certiorari, Petition and a Morion with the Court of
Appeals requesting that the demolition be stayed.
WHEREAS, the City consented to a temporary stay of the demolition.
WI Associates has entered into a Purchase Agreement dated November 2, 2000
for the sale of the property to Sundiata Menelik.
WHEREAS, Sundiata Menelik has examined the results of the Code Compliance
Inspection Report as stated in the letter from Donald F. Wagner, Building Inspector, dated July 7,
2000. A true and accurate copy of said Code Compliance Report is attached as E�ibit A.
WHEREAS, Sundiata Menelik is a housing contractor and intends to rehabilitate the
subject property and to bring it into compiiance with City Code.
WHEREAS, Associates and the Ciry are desirous of avoiding fiu•ther expenses relative to
the litigation of this matter.
WHEREAS, it is in the best interest of all of the parties to rehabilitate the subject
properry within a reasonable time to ensure that the subject properry remains on the tax rolls of
the City.
AGREEMENT
In consideration of the mutual covenants expressed and agreed to, Associates Home
Equity Industriai Loan Company, the City of St. Paul, and Sundiata Menelik agree as follows:
1. City of St. Paul's Obiieations. The City of St. Paui agrees to cease all efforts ta
demolish said properiy provided that Sundiata Menelik purchases the properiy and uses his best
Oo -�\sl
efforts to rehabilitate the property. The City shall give Sundiata Menelik si�c months to complete
one-half of the items as listed on the Code Compliance Inspection Report. Provided that one-half
of the items have been completed within the si�c months after the execution of this Agreement,
the City shall then give Sundiata Menelik an additional six months to complete all of the items
on the Code Compliance Inspection Report and obtain a code compliance certificate. Upon the
receipt of the certificate, the City sha11 be perxnanently stayed from demolishing the subject
properry while a valid certificate of code compliance is in place. In addition, the City agrees to
cooperate with Sundiata Menelik in the obtaining of building pernuts and inspections.
In mutual consideration, the City of St. Paul agrees to fully and forever release and
covenants not to sue Associates Home Equity Industrial Loan Company, its agents,
representatives, servants, employees, attorneys, subsidiaries, affiliates, predecessors and
successors in interest and assigns, from any and all past, present, or future claims with respect to
the subject matter of the above-captioned case.
2. Sundiata Menelik's Obli ations. Sundiata Menelik agrees to use his best efforts
to rehabilitate the property and to bring it into compliance with the City Code. He shall complete
at least one-half (%2) of the items on the code compliance list within six months from the date of
the execution of this Agreement. Upon the expiration of the six months after the date of this
Agreement, Sundiata Menelik will then cali for an inspection by the City. Provided that one-half
of the code compliance items have been completed, Sundiata Menelik will be given an additional
six months in which to bring the subject properiy into code compliance. In addition, Sundiata
Menelik agrees to pay the vacant building fees and to apply for the appropriate buiiding permits.
Furthermore, Sundiata Menelik agrees to indemnify and hold hannless Associates Home
4
ou-ust
Equity Industrial Loan Company, its officers, directors, employees, and agents from and against
all liability, suits, obligations, fines, damages, judgments, injuries, administrative order, and
causes of action concerning or related to the subject properiy.
Associates' Obligations.
In mutual consideration, Associates Home Equity Industrial Loan Company agrees to
fuily and forever release and covenants not to sue the City of St. Paul, its agents, representatives,
servants, employees, attorneys, and assigns, from any and all past, present, or future claims with
respect to the subject matter of the above-captioned case.
4. Counterparts.
This Agreement may be executed in one ot more counterparts, each of which shall be
deemed an original, but all of which taken together sha11 constitute one and the same instrument.
5. Entire Agreement and Successors in Interest.
This Settlement and Release Agreement contains the entire agreement among the parties
as to the matters set forth herein and supersedes all prior understandings and agreements, whether
oral or in writing, and shall be binding upon and inure to the benefit of the executors,
administratars, personal representatives, heirs, successors and assigns of each. No supplement,
modification or amendment of this Settlement Agreement and Release shall be binding or valid
unless in cvriting and signed by a11 the parties to this Release by their authorized representatives.
IN WITNESS WHEREOF, the parties have executed this Settlement and Release
Agreement on the respective dates as set forth below.
ASSOCIATES HOME EQUITY
INDUSTRIAL LOAN COMPANY
po-�\s\
DATED:
DATED:
DATED:
:
ITS:
CITY OF ST. PAUL
:
ITS:
:
Sundiata Menelik
I \USERS�RQ.EI9MCS0\]ROS\414 FdmundNssociazes Medin mpd
Council File # �O � \l51
ORIGI �,�L
Presented By
Referred To
RESOLUTION
CITY OF SAINT PAUL,
G]
Green Sheet # I o �( S.4 3
f,
Date
1 WHEREAS, the City Council originally adopted Council File # 00-899 on September 27, 2000,
2 which gave the property owner 15 days to repair or remove the nuisance structure located at 414
3 Edmund Avenue in St. Paul;
4
WHEREAS, the property owner petitioned for and received a Writ of Certiorari from the Court
of Appeals;
10
11
12
13
14
15
16
17
18
19
20
21
22
WHEREAS, the City is currently stayed from demolishing the structure located at 41A Edmund
Avenue in St. Paul until resolurion of the Writ of Certiorari;
WHEREAS, since the passage of the resolution, the property owner has entered into a purchase
agreement with an individual who is willing to pay the vacant building fees, pull permits and
rehabilitatethe structure;
WHEREAS, the City Council is desirous of having the nuisance property rehabilitated without
fiirther expenses associated with litigation;
BE IT RESOLVED, that the Saint Paul City Council hereby approves the contents of the
attached Settlement and Release Agreement and authorizes the City Attorney and/or his duly
authorized representative and a representative from vacant buildings to sign and execute the
attached agreement.
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date e[s Go 2��
By : ���
�
Requested by Department of:
�c� c � Ccfv� ��/+�-�
B �,�� �� � �_
Foxm Approved b City Attorney
f � , (/ �n
9 `r
Bp: (��/� kJ / . , (f '.
7
Approv May r for Submission to Council
By:
Adopted by Council: Date �s.c., �TC�C�
On-tL51
�,�a��
11/30/00
TOTAL # OF SIGNATURE PACaER
GREEN SHEET
�...,��
No 1 C !� ? � 3
��
❑ �..,� ❑ a,.� _
❑ .,�..�, � ❑ .,�.,�,�.a
❑MYORI�At9�TMI1) ❑
(CLIP ALL LOCATIONS FOR SIGNATUREy
Resoiution Approvi� a Settlement Agreement Between the City of St.
Paul and Ford Cons�er Finar�ce Industrial Loan Company.
PLANNING CAMMISSION
CB COMMITTEE
CIVIL SERVICE CAMMISSION
tws mis ae�soNrrm e�.er workea unaer e canha.t rw mu depammem7
YES NO
Fiaa thia P�eoNfirm ever been a dtY emWuYee4
vES NO
Ooes thie Pecsonlfi�m P� a sWL rot rn�malbP�� M' �Y cumeM city emWoYee4
VES NO
Is thie perBOrJfiim a terpeted vendoR
YES NO
Ford Filed a writ of Certiorari against the City
ny_��.cr.r�a.�
Settles case< property rehai�ilitated.
None
Continuous lit�qation and nuisance property remains
TRANSACTION
sourtce N/A
INFORMATON (IXPWNJ
COST/REVFNUE BUDfiETm (CIRCLE ON� , YES NO
ACTIVI7YNUMBER
B� R�SB�uSC�! f;��i�i�C
Oa-l�s�
STATE OF 1VTINNESOTA
IN COURT OF APPEALS
Ford Consumer Finance Industrial
Loan Company, a Minnesota corporation,
n/k/a Associates Home Equity Industrial
Loan Company, a Minnesota corporation,
Relator,
vs.
City of Saint Paul,
Respondent.
SETTLEMENT AND
RELEASE AGREEMENT
Court of Appeals Case No. CX-00-1919
This Settlement and Kelease Agreement is effective as of December _, 2000 between
Relator Associates Home Equity Industrial Loan Company (f/k/a Ford Consumer Finance
Industrial Loan Company (hereinafter "Associates"), Respondent City of St. Paul (hereinafter
"City"), and Sundiata Menelik.
RECITALS
WHEREA5, this appeal involves the real properry located at 414 Edmund Avenue, City
of St. Paul and is legally described as:
Lot 22, Block 9, Smith Subdivision of Stinson's Division of the
Northwest 1/4 of Section 36, Township 29, Range 23, County of
Ramsey, State of Minnesota
("subject property").
00 -��s �
WfIBREAS, on or about January 26, 1995, Leone Medin executed a Mortgage on the
subject property in favor of Ford Consumer Financial Industrial Loan Company which was filed
for record in the Office of the Ramsey County Recorder on March 24, 1995 as Document
Number 2860934.
WFIEREAS, Leone Medin subsequently defaulted on the mortgage payments.
WHEREAS, Associates was unable to compel Leone Medin to make the required repairs
in order to comply with the City Code.
WHEREAS, the City of St. Paul intended to demolish the aforesaid subject properiy as a
result of the failure to rectify the code violations.
WHEREAS, on September 27, 2000, a Hearing was held before the City Legislative
Hearing Officer who concluded that the subject property comprised a nuisance condition which
necessitated the demolifion and removal of the building on the subject properry.
WIIEREAS, the St. Paul City Council accepted the Legislative Hearing Officer's
Findings and Order and passed a Resolution, dated September 27, 2000 requiring the demolition
of the subject property.
WHEREAS, the Mayor signed the Resolution on October 4, 2000.
WHEREAS, prior to the signing of the Resolution, Associates began the process of
foreclosing the property by advertisement.
WHEREAS, Associates purchased the subject property at the Sheriff s Sale which was
held on August 31, 2000 and that said purchase was contingent upon the expiration of the five-
week redemption period.
2
oo-��st
WHEREAS, the fee title to the property did not vest in the name of Associates unril
October 2000.
WHEREAS, Associates filed a Writ of Certiorari, Petition and a Morion with the Court of
Appeals requesting that the demolition be stayed.
WHEREAS, the City consented to a temporary stay of the demolition.
WI Associates has entered into a Purchase Agreement dated November 2, 2000
for the sale of the property to Sundiata Menelik.
WHEREAS, Sundiata Menelik has examined the results of the Code Compliance
Inspection Report as stated in the letter from Donald F. Wagner, Building Inspector, dated July 7,
2000. A true and accurate copy of said Code Compliance Report is attached as E�ibit A.
WHEREAS, Sundiata Menelik is a housing contractor and intends to rehabilitate the
subject property and to bring it into compiiance with City Code.
WHEREAS, Associates and the Ciry are desirous of avoiding fiu•ther expenses relative to
the litigation of this matter.
WHEREAS, it is in the best interest of all of the parties to rehabilitate the subject
properry within a reasonable time to ensure that the subject properry remains on the tax rolls of
the City.
AGREEMENT
In consideration of the mutual covenants expressed and agreed to, Associates Home
Equity Industriai Loan Company, the City of St. Paul, and Sundiata Menelik agree as follows:
1. City of St. Paul's Obiieations. The City of St. Paui agrees to cease all efforts ta
demolish said properiy provided that Sundiata Menelik purchases the properiy and uses his best
Oo -�\sl
efforts to rehabilitate the property. The City shall give Sundiata Menelik si�c months to complete
one-half of the items as listed on the Code Compliance Inspection Report. Provided that one-half
of the items have been completed within the si�c months after the execution of this Agreement,
the City shall then give Sundiata Menelik an additional six months to complete all of the items
on the Code Compliance Inspection Report and obtain a code compliance certificate. Upon the
receipt of the certificate, the City sha11 be perxnanently stayed from demolishing the subject
properry while a valid certificate of code compliance is in place. In addition, the City agrees to
cooperate with Sundiata Menelik in the obtaining of building pernuts and inspections.
In mutual consideration, the City of St. Paul agrees to fully and forever release and
covenants not to sue Associates Home Equity Industrial Loan Company, its agents,
representatives, servants, employees, attorneys, subsidiaries, affiliates, predecessors and
successors in interest and assigns, from any and all past, present, or future claims with respect to
the subject matter of the above-captioned case.
2. Sundiata Menelik's Obli ations. Sundiata Menelik agrees to use his best efforts
to rehabilitate the property and to bring it into compliance with the City Code. He shall complete
at least one-half (%2) of the items on the code compliance list within six months from the date of
the execution of this Agreement. Upon the expiration of the six months after the date of this
Agreement, Sundiata Menelik will then cali for an inspection by the City. Provided that one-half
of the code compliance items have been completed, Sundiata Menelik will be given an additional
six months in which to bring the subject properiy into code compliance. In addition, Sundiata
Menelik agrees to pay the vacant building fees and to apply for the appropriate buiiding permits.
Furthermore, Sundiata Menelik agrees to indemnify and hold hannless Associates Home
4
ou-ust
Equity Industrial Loan Company, its officers, directors, employees, and agents from and against
all liability, suits, obligations, fines, damages, judgments, injuries, administrative order, and
causes of action concerning or related to the subject properiy.
Associates' Obligations.
In mutual consideration, Associates Home Equity Industrial Loan Company agrees to
fuily and forever release and covenants not to sue the City of St. Paul, its agents, representatives,
servants, employees, attorneys, and assigns, from any and all past, present, or future claims with
respect to the subject matter of the above-captioned case.
4. Counterparts.
This Agreement may be executed in one ot more counterparts, each of which shall be
deemed an original, but all of which taken together sha11 constitute one and the same instrument.
5. Entire Agreement and Successors in Interest.
This Settlement and Release Agreement contains the entire agreement among the parties
as to the matters set forth herein and supersedes all prior understandings and agreements, whether
oral or in writing, and shall be binding upon and inure to the benefit of the executors,
administratars, personal representatives, heirs, successors and assigns of each. No supplement,
modification or amendment of this Settlement Agreement and Release shall be binding or valid
unless in cvriting and signed by a11 the parties to this Release by their authorized representatives.
IN WITNESS WHEREOF, the parties have executed this Settlement and Release
Agreement on the respective dates as set forth below.
ASSOCIATES HOME EQUITY
INDUSTRIAL LOAN COMPANY
po-�\s\
DATED:
DATED:
DATED:
:
ITS:
CITY OF ST. PAUL
:
ITS:
:
Sundiata Menelik
I \USERS�RQ.EI9MCS0\]ROS\414 FdmundNssociazes Medin mpd
Council File # �O � \l51
ORIGI �,�L
Presented By
Referred To
RESOLUTION
CITY OF SAINT PAUL,
G]
Green Sheet # I o �( S.4 3
f,
Date
1 WHEREAS, the City Council originally adopted Council File # 00-899 on September 27, 2000,
2 which gave the property owner 15 days to repair or remove the nuisance structure located at 414
3 Edmund Avenue in St. Paul;
4
WHEREAS, the property owner petitioned for and received a Writ of Certiorari from the Court
of Appeals;
10
11
12
13
14
15
16
17
18
19
20
21
22
WHEREAS, the City is currently stayed from demolishing the structure located at 41A Edmund
Avenue in St. Paul until resolurion of the Writ of Certiorari;
WHEREAS, since the passage of the resolution, the property owner has entered into a purchase
agreement with an individual who is willing to pay the vacant building fees, pull permits and
rehabilitatethe structure;
WHEREAS, the City Council is desirous of having the nuisance property rehabilitated without
fiirther expenses associated with litigation;
BE IT RESOLVED, that the Saint Paul City Council hereby approves the contents of the
attached Settlement and Release Agreement and authorizes the City Attorney and/or his duly
authorized representative and a representative from vacant buildings to sign and execute the
attached agreement.
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date e[s Go 2��
By : ���
�
Requested by Department of:
�c� c � Ccfv� ��/+�-�
B �,�� �� � �_
Foxm Approved b City Attorney
f � , (/ �n
9 `r
Bp: (��/� kJ / . , (f '.
7
Approv May r for Submission to Council
By:
Adopted by Council: Date �s.c., �TC�C�
On-tL51
�,�a��
11/30/00
TOTAL # OF SIGNATURE PACaER
GREEN SHEET
�...,��
No 1 C !� ? � 3
��
❑ �..,� ❑ a,.� _
❑ .,�..�, � ❑ .,�.,�,�.a
❑MYORI�At9�TMI1) ❑
(CLIP ALL LOCATIONS FOR SIGNATUREy
Resoiution Approvi� a Settlement Agreement Between the City of St.
Paul and Ford Cons�er Finar�ce Industrial Loan Company.
PLANNING CAMMISSION
CB COMMITTEE
CIVIL SERVICE CAMMISSION
tws mis ae�soNrrm e�.er workea unaer e canha.t rw mu depammem7
YES NO
Fiaa thia P�eoNfirm ever been a dtY emWuYee4
vES NO
Ooes thie Pecsonlfi�m P� a sWL rot rn�malbP�� M' �Y cumeM city emWoYee4
VES NO
Is thie perBOrJfiim a terpeted vendoR
YES NO
Ford Filed a writ of Certiorari against the City
ny_��.cr.r�a.�
Settles case< property rehai�ilitated.
None
Continuous lit�qation and nuisance property remains
TRANSACTION
sourtce N/A
INFORMATON (IXPWNJ
COST/REVFNUE BUDfiETm (CIRCLE ON� , YES NO
ACTIVI7YNUMBER
B� R�SB�uSC�! f;��i�i�C
Oa-l�s�
STATE OF 1VTINNESOTA
IN COURT OF APPEALS
Ford Consumer Finance Industrial
Loan Company, a Minnesota corporation,
n/k/a Associates Home Equity Industrial
Loan Company, a Minnesota corporation,
Relator,
vs.
City of Saint Paul,
Respondent.
SETTLEMENT AND
RELEASE AGREEMENT
Court of Appeals Case No. CX-00-1919
This Settlement and Kelease Agreement is effective as of December _, 2000 between
Relator Associates Home Equity Industrial Loan Company (f/k/a Ford Consumer Finance
Industrial Loan Company (hereinafter "Associates"), Respondent City of St. Paul (hereinafter
"City"), and Sundiata Menelik.
RECITALS
WHEREA5, this appeal involves the real properry located at 414 Edmund Avenue, City
of St. Paul and is legally described as:
Lot 22, Block 9, Smith Subdivision of Stinson's Division of the
Northwest 1/4 of Section 36, Township 29, Range 23, County of
Ramsey, State of Minnesota
("subject property").
00 -��s �
WfIBREAS, on or about January 26, 1995, Leone Medin executed a Mortgage on the
subject property in favor of Ford Consumer Financial Industrial Loan Company which was filed
for record in the Office of the Ramsey County Recorder on March 24, 1995 as Document
Number 2860934.
WFIEREAS, Leone Medin subsequently defaulted on the mortgage payments.
WHEREAS, Associates was unable to compel Leone Medin to make the required repairs
in order to comply with the City Code.
WHEREAS, the City of St. Paul intended to demolish the aforesaid subject properiy as a
result of the failure to rectify the code violations.
WHEREAS, on September 27, 2000, a Hearing was held before the City Legislative
Hearing Officer who concluded that the subject property comprised a nuisance condition which
necessitated the demolifion and removal of the building on the subject properry.
WIIEREAS, the St. Paul City Council accepted the Legislative Hearing Officer's
Findings and Order and passed a Resolution, dated September 27, 2000 requiring the demolition
of the subject property.
WHEREAS, the Mayor signed the Resolution on October 4, 2000.
WHEREAS, prior to the signing of the Resolution, Associates began the process of
foreclosing the property by advertisement.
WHEREAS, Associates purchased the subject property at the Sheriff s Sale which was
held on August 31, 2000 and that said purchase was contingent upon the expiration of the five-
week redemption period.
2
oo-��st
WHEREAS, the fee title to the property did not vest in the name of Associates unril
October 2000.
WHEREAS, Associates filed a Writ of Certiorari, Petition and a Morion with the Court of
Appeals requesting that the demolition be stayed.
WHEREAS, the City consented to a temporary stay of the demolition.
WI Associates has entered into a Purchase Agreement dated November 2, 2000
for the sale of the property to Sundiata Menelik.
WHEREAS, Sundiata Menelik has examined the results of the Code Compliance
Inspection Report as stated in the letter from Donald F. Wagner, Building Inspector, dated July 7,
2000. A true and accurate copy of said Code Compliance Report is attached as E�ibit A.
WHEREAS, Sundiata Menelik is a housing contractor and intends to rehabilitate the
subject property and to bring it into compiiance with City Code.
WHEREAS, Associates and the Ciry are desirous of avoiding fiu•ther expenses relative to
the litigation of this matter.
WHEREAS, it is in the best interest of all of the parties to rehabilitate the subject
properry within a reasonable time to ensure that the subject properry remains on the tax rolls of
the City.
AGREEMENT
In consideration of the mutual covenants expressed and agreed to, Associates Home
Equity Industriai Loan Company, the City of St. Paul, and Sundiata Menelik agree as follows:
1. City of St. Paul's Obiieations. The City of St. Paui agrees to cease all efforts ta
demolish said properiy provided that Sundiata Menelik purchases the properiy and uses his best
Oo -�\sl
efforts to rehabilitate the property. The City shall give Sundiata Menelik si�c months to complete
one-half of the items as listed on the Code Compliance Inspection Report. Provided that one-half
of the items have been completed within the si�c months after the execution of this Agreement,
the City shall then give Sundiata Menelik an additional six months to complete all of the items
on the Code Compliance Inspection Report and obtain a code compliance certificate. Upon the
receipt of the certificate, the City sha11 be perxnanently stayed from demolishing the subject
properry while a valid certificate of code compliance is in place. In addition, the City agrees to
cooperate with Sundiata Menelik in the obtaining of building pernuts and inspections.
In mutual consideration, the City of St. Paul agrees to fully and forever release and
covenants not to sue Associates Home Equity Industrial Loan Company, its agents,
representatives, servants, employees, attorneys, subsidiaries, affiliates, predecessors and
successors in interest and assigns, from any and all past, present, or future claims with respect to
the subject matter of the above-captioned case.
2. Sundiata Menelik's Obli ations. Sundiata Menelik agrees to use his best efforts
to rehabilitate the property and to bring it into compliance with the City Code. He shall complete
at least one-half (%2) of the items on the code compliance list within six months from the date of
the execution of this Agreement. Upon the expiration of the six months after the date of this
Agreement, Sundiata Menelik will then cali for an inspection by the City. Provided that one-half
of the code compliance items have been completed, Sundiata Menelik will be given an additional
six months in which to bring the subject properiy into code compliance. In addition, Sundiata
Menelik agrees to pay the vacant building fees and to apply for the appropriate buiiding permits.
Furthermore, Sundiata Menelik agrees to indemnify and hold hannless Associates Home
4
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Equity Industrial Loan Company, its officers, directors, employees, and agents from and against
all liability, suits, obligations, fines, damages, judgments, injuries, administrative order, and
causes of action concerning or related to the subject properiy.
Associates' Obligations.
In mutual consideration, Associates Home Equity Industrial Loan Company agrees to
fuily and forever release and covenants not to sue the City of St. Paul, its agents, representatives,
servants, employees, attorneys, and assigns, from any and all past, present, or future claims with
respect to the subject matter of the above-captioned case.
4. Counterparts.
This Agreement may be executed in one ot more counterparts, each of which shall be
deemed an original, but all of which taken together sha11 constitute one and the same instrument.
5. Entire Agreement and Successors in Interest.
This Settlement and Release Agreement contains the entire agreement among the parties
as to the matters set forth herein and supersedes all prior understandings and agreements, whether
oral or in writing, and shall be binding upon and inure to the benefit of the executors,
administratars, personal representatives, heirs, successors and assigns of each. No supplement,
modification or amendment of this Settlement Agreement and Release shall be binding or valid
unless in cvriting and signed by a11 the parties to this Release by their authorized representatives.
IN WITNESS WHEREOF, the parties have executed this Settlement and Release
Agreement on the respective dates as set forth below.
ASSOCIATES HOME EQUITY
INDUSTRIAL LOAN COMPANY
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DATED:
DATED:
DATED:
:
ITS:
CITY OF ST. PAUL
:
ITS:
:
Sundiata Menelik
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