280831 WHITE - �ITV CLERK COUIICII �������
PINK -'�FINANCE G I TY OF SA I NT PAU L
CANAR� - DEPARTMENT
BLUE - MAVOR File NO.
Ci�y Atfny/JTH • •
- Co� cil Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLUTION APPROVING ORDWAY MUSIC THEATRE
CONSTRUCTION AGREEMENT, AND EXTENSION OF
GR.ANT OF RIGHT OF ENTRY ON AND CONVEYANCE
TO THE HRA OF THE STEM HALL PROPERTY
WHEREAS , by its Resolution C.F. 279291 adopted September 30,
1982 , the Council of the City of Saint Paul authorized grant of
right of entry to Ordway Music Theatre, Inc . (Ordway) for the
purpose of demolishing the Stem Hall Building in the Civic Center
Complex subject to the provisions of a Demolition Agreement between
Ordway and the City dated October 13 , 1982 ; and
WHEREAS, Ordway entered upon the Stem Hall Building site,
being Lots 6 , 7 , 12 , 13 and the easterly 55 feet of Lots 8 and
11 , all in Block 12, Rice and Irvine' s Addition to St . Paul ,
Ramsey County, Minnesota , (the Property) , demolished Stem Hall ,
and, holding over, commenced excavation, foundation and bearing
wall construction activities for a music theater facility (the
Project) , while negotiating a proposed Construction Agreement
authorizing extension of Ordway' s right of entry for construction
purposes pending approval of Redevelopment and Financing Plans for
the Project and lease of the Property for redevelopment and theater
operations purposes ; and
WHEREAS, the City Building Official has advised the Council
that the Project is in Building Code and permit compliance to date
and the Department of Planning and Economic Development has given
its preliminary compliance approval to the general contractors
affirmative action program, which matters are conditions precedent
to the extension of the right of entry under the Construction
Agreement; and
COUNCILMEN Requested by Department of:
Yeas Nays
Fletcher
ceu� In Favor
Masanz
Nicosia
scheibe� __ Against BY
Tedesco
W ilson
Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Counc.il Secretary BY
B�
tapproved by 1Aavor. Date Approved by Mayor for Submission to Council
By _ BY
P N'KE -�FINA CERK pr/�^�{' 1
CANARY - DEPARTMENT G I TY OF SA I NT PALTL COIIIICII ��'�!�� `
�LUE - MA;OR File NO.
� � Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
-2-
WHEREAS, under Minnesota Statutes Section 471 . 191 , for
the purpose of carrying out a program of public recreation,
the City is authorized to lease real property permitting a
non-profit corporate lessee to provide for the construction
and equipment of recreational facilities including concert
halls and facilities for other kinds of cultural participation,
and it being in the public interest to replace the Stem Hall
performing arts facilities by private, non-profit provision of
the Ordway Music Theatre; now therefore, be it
RESOLVED by the Council of the City of Saint Paul, as
follows :
1 . That the right of entry upon the Property granted to
Ordway under Resolution Council File 279291 is hereby continued
for purposes of construction of the music theater facility
pending further Council approval of Redevelopment and Financing
Plans for this Project and subject to the conditions subsequent
set forth in Paragraph 2 of the Construction Agreement .
2 . That the Construction Agreement between the City and
Ordway presented to and considered at this meeting, and which
after this approval shall bear the effective date of July 6,
1983 , is hereby approved and the Mayor and Director of the
Department of Finance and Management Services are authorized
to execute the same on behalf of the City and to make delivery
thereof upon being satisfied that the requisite insurance
coverages protecting the City, and proof thereof have been
submitted as required in said Agreement .
COUNCILMEN Requested by Department of:
Yeas Nays
Fletcher
ce°� In Favor
Masanz
Nicosia
scnetbei __ Against BY
Tedesco
Wilson
Adopted by Council: Date Form Approved by City Attorney
Certified Passed by Council Secretary BY
By
t�pproved by Ylavor: Date Approved by Mayor for Submission to Council
By By
.
WHI�fE —�CiTV CLERK
PINK 1FINANCE Qh��
C,ANARY — DEPARTMENT COURCll ��.s y,
rg�;E - MA;OR GITY OF SAINT PAUL File N0. `'""`'�' ' '� �"
- � � - Coun il Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
-3-
3 . That in accordance with the provisions of Paragraph 1
of the aforesaid Construction Agreement, there is hereby imposed
as a condition subsequent to the grant of right of entry, in lieu
of the condition stated in Paragraph 2(d) of the Construction
Agreement, Ordway shall forthwith enter into negotiations with
the City upon the terms of a lease of the Property covering the
conditions for construction and development of the theater
facility and its subsequent operation, and that at any time sub-
sequent to August 15, 1983 , the Mayor determines that Ordway has
not entered these lease negotiations or is not pursuing them in
good faith, or, in any event, if a lease document has not been
concluded by November 15 , 1983 , then, Ordway shall be in breach
and the City, at its option, may terminate the right of entry
upon the Property.
4. That within 30 days from notification by the City Clerk
of the adoption, approval and publication of this Resolution,
Ordway shall file its written acceptance, and, in the event it
fails to do so the right of entry granted under Resolution 279291
and extended under Paragraph 1 hereof shall be terminated.
COUNCILMEN Requeste by Department of:
Yeas Nays ���
Fletcher
GaO� [n Favor
Masanz '
Nicosia � �
Scheibel o __ Against BY '�G'�-�" ci. ,
T�d�ee—
Wilson
SEP 1 1983 Form Appro City Atto ey'
Adopted by Council: Date
Certified Passed by uncil Se t�ry BY �
f
By- �.�� 1
t�p by IVlavor: Dat d b ayor for S b ' s to il
B +� � % ^
PUBUSHED �S E P 10 198� ��
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P.E.D. �EPARTI•1ENT ,+
ONTACT
292-7494 PHONE � v
��»�82 DATE ree �r � '
(Routing and Explanation Sheet)
Assi� Number for Routing Order (Clip All Locations for Matyoral Signature)•
� Department Di rector . .
--Y� City Attorney __
t/Mayor �
Fi nance and Management ervi ces Oi rector R�CEIVED
� Ci ty C1 erk ��� 1 3 '�983
Budget Di rector IV�AYORS OFFICE
What Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale):
Autho rity to execute the agreement between Ordway Music Theatre & City allowing them to
construct the theatre and stating their obliga�ions re: insurance, set-aside, etc.
Financial , Budgetary and Personnel In�pacts Anticipated:
City funds are not involved.
Funding Source and Fund Activity Number Charged or Credited:
Attachments (List and Nun�er all Attachments�:
Council Resolution (1 )
DEPARTMENT REVIEW CITY ATTORNEY REVIEI�1 �
Yes No Council Resolution Required? Resolution Required? X Yes No
Yes No Insurance Required? Insurance Sufficient? Yes No
Yes No Insurance Attached?
Revision of October, 1982
�SPP RPVPI"CP SidP for Instructions)