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00-677Return copy to: Sewer Utility Public Works Department 700 City Hall Annex Presented By ORIGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA � �o Referred To Committee: Date i WHEREAS, Acquisition of the property located at 1691 Aoyt Avenue East, described as "Lot 19; The westerly 27 z feet of Lot 20; all in block 2, Birt's Addition, according to the recorded plat thereof, and situated in Ramsey s County, Minnesota", is needed to construct a multi-use facility with the primary purpose of flood remediation and a protection from a storm similaz to that of July 1�`, 1997, WHEREAS, purchase of the said property was final ordered on July 22, 1998, funding for such relief (the Hoyt-Montana Flood Remediation Project) to come from State and Federal grants and various City funding sources; and 9 WHEREAS, the City of Saint Paul has secured an agreement for the purchase of the said properties ; and �o n �z 13 ia IS WHEREAS, the Duector of Public Works has recommended the purchase of said property; NOW THEREFORE BE IT RESOLVED, that, as set forth in the purchase agreement, the proper City officials are hereby authorized and directed to purchase the said property and close the transaction, payment to be charged to Activiry Code CPL-C98-2B030. Requested by Department of Publ� Works By: Director � blic Form Approved by City Attorney By: ��/,C�,��f ' �tlK� �/7•d� Approved by May for Submission to Council % - By: � Councii File # __p0 � G �l� Green Sheet # 102675 Adopted by Council: Date �� 1a�s�_ —�-� �+. bTyx, 00 -,l�Q DEPARTMENr/OfFICEKOUNCIL DATEINITIATED G N SHEET �OZ67�J Public Works Thu, Jul 13, 2000 NO. CANTACT PERSON & PHONE � A � INITIAUDATE Pat B me 2666171 � � o oa � p7y (`q��IL y NUMBEAFOR �CITYATTORNEY �� ❑CffYCLERK MUSTBEONCOUNQLAGENDABY(DA7E� Rp{!(ING I�FINANCIALSERVICESDIR. �FlN.SERVICES/ACCT. Wednesda , Ju � ,I 26, 2000 ORD Y '1 � MAVOR (OR ASSISTANT) � DIVISION MANAGFR Q u DEPARiMENTA ii � T6fALfOFSIGNATUREPAGES 7 (CLJPALLLOCAlpNSWflSIGNANH� ACi1DNREQUESTED City Council Resolution (attached) approving the purchase agreement (also attached) for the property at 1691 Hoy[ Avenue. RECOMMENDATIONS: Approue (A) a He�¢M (ip pEpSpNpL SF�FMCE CAMRACfS MUSTANSWERTXE FOLLOWING DUESTIONS: PLANNINGCOMMISSION _G��ILSERVIGECOMMI$$ION � HasfiispersoNfirtneverxoekeduntlerawM2aforfi'sdepaMient? CIBCOMMITiEE � ❑ NO ❑ A �� — 2. HasNispersoMirtneverbeenacByemploy¢e? DISTqICTCOUNCIL Y � � � � — — 3 DcestnisPersoNfirmpossessaskillnceromWlYPOSSesseaq'anycurtentaryertployea? YES ❑ NO ❑ 4 Is ihis DremNLrtn a terget vendor+ Ya � NO � Etplain all yes answere on s¢parate sh¢et and aCaeh fo green sheet INRIATNG PROBLEM, ISSUE, OPPORfUNrtY (WMO, WXAT� WHEN, WHEFE, WH'Q: Flooding in July of 1997 lead to a Flood Remediation Proposai since accepted by the Community, the Mayor, and City Council. In order to comply with promises made and requirement set by the DNR, we need to acquire the property at 1691 Hoyt Avenue. Purchase of the said property was final ordered on Juiy 22, 1998, funding for such relief (the Hoyt-Montana Flood Remediation Project) to come from State and Federal grants and various City funding sources.d pDVANTAGESIFAPPROVED: We are abie to construct the flood remediation facilities as promised and as required by the DNR t�� DISADVANTAGES I,F APPqOVED: �� None +� � �� DISADVANTAGES IF NOT APPROVED: We will not be abie to build a pond of sufficient size to meet the standards imposed by the DNR. The DNR is administrating grants totafing $2.3 million for this project. TOTALAMOUNTOFTRANSACTION: $1$S,OOO.00 CoSrmEVENUEBUDGEreox YES � No� FUNDINGSOURCE S tfltB 3fiCI FBCJ@r8I G(8f1tS. ACfTVffY NUMBER CPl-C98-2B030. FlNANCIAL INFORMAnON: (IXPLAIN) FINANCE FILE # 00 _ �.a4 CTTY OF SAINT PAUL PURCHASE AGREEMENT Date: Julv 9`�, 2000 2. Location of the Real Estate: 1691 Ho�t Avenue East. Saint Paul, Minnesota 55106 3. I.egal Description of the sale property: T..ot 19: the westerlv 27 feet of lot 20: all in block 2, Birt's addition, accordin� to the recorded Plat thereof, and situated in Ramsey County Minnesota 4. a) Name and address of Buyer: Cit� of Saint Paul - Sewer Utility. Department of Public Works 700 City Hall Annex - 25 West Fourth Street Saint Paul Minnesota 55102 b) Name and address of Seller: James W. Pruden and Diane L. Pruden . 1691 Hovt Avenue East SaintPaul.Minnesota SS1Q6 5. Agreed Purchase Price: The lesser of $135.000, or sum of balances of mortgages in favor of TCF Mortgage Corporation, filed as document number 1514740, and Administrator of the Small Business Administration, filed as document number 1162725 as of the date of closing 6. Real Estate Taxes: Seller shall be responsible for any delinquent taxes not yet paid. TaYes payable in 2000 shall be prorated as of the date of closing. The City shall pay all taxes payable after 2000. 7. Seller shall pay all assessments levied against the property as of the date of closing. 8. Se]ler shall provide the City with proof of payment of taxes, assessments and liens. Any taxes, assessments and liens not paid as of the date of closing, will be withheld from the purchase price. Purchase Agreement James W. Pruden and Diane L. Pruden d 6— �� Page 2 9. Conveyance: Seller shall convev marketable fee title to the Citv by Warranty Aeed. 10. Seller shall provide the City, within seven days of signing this Purchase Agreement, an Abstract of Title and/or an Owner's Duplicate Certificate of TiUe. Seller agrees, at Sellers's cost and expense, to correct or remove any exception or "clouds" on the utte as shown on the Buyer's "Commitment to Insure" tiUe examinarion report. 11. Closing shall occur within 30 days following execution of this Purchase Agreement, at which time the tide to the premises shall be conveyed to the City. The Closing date may be postponed and rescheduled by mutual agreement of the parties hereto. The City shall pay all closing costs. 12. Seller acknowledges that the damage to Seller's home was caused exclusively by extraordinary rainfall and that the damages were unavoidable, That is, the damages were caused by what are referred to as "acts of God." The extraordinary rainfall and the damage occasioned by it prompted the Federal government to declare the area affected a Major Disaster Area. Seller acknowledges that it requested the City to purchase the property and the City, upon obtaining Federal and State disaster relief funding, has agreed to purchase the property in order to fulfill public purpose issues relating to safety and health. The City, having obtained disaster relief funds from State and Federal sources for the purpose of providing relief to the Seller from the damages resulting from an act of God, the Seller agrees to waive any and all claims to relocation benefits provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act. 13. Seller shall provide an affidavit on the date of closing, indicating that the Seller has not used or pernutted the use of the subject property as a hazardous waste disposal facility as de5ned in section 115A.03 Subd. 10 of Chapter 121 of the Laws of Minnesota of 1983, and that there is no basis to conclude that this property has been subject to or contaminated by the release of any hazardous substance, hazardous waste, pollutants of contaminants as defined in Section 115B.02 of the Minnesota Statutes. 14. Seller wishes to occupy the premises after the date of closing and agrees to execute a lease with the City. It is a standard lease with the basic premises consisting of rent of $1/month and the terms of the lease expiring March 31 2001 15. Seller acknowledges and wairants by this Purchase Agreement that Seller hereby releases City from any and all claims, demands, and actions of any kind or nature which may arise from the extraordinary rainfall of July 1, 1997 or at any other time preceding ar following. Seller relinquishes any such claim against the City in exchange for the City purchasing Seller's property based upon the fair mazket value of Seller's property as of June 30, 1997. 16. All wacranties and representations made in this Purchase Agreement shall survive the closing and the conveyance of title to the property. This Purchase Agreement and all obligations provided shall, to the extent not fully satisfied and performed by or through the Closing, survive the closing and the conveyance of tifle to the property. 17. Purchase Agreement is conringent on City Council of Saint Paul passing resolufion appmving the purchase agreement. 2 Seller: By: W � .�.�✓�" � Date: By; � (�tL L � T �LC�(-�Lli'K/ Date: The City: � Sewer of Public Works �� u.e fa ��'�-- ��f�6� �� 7 t �-ob 7-l1 �? ' 1 l - 2ocn Oo-��`� Date: �� d0 3 DEPARTMEM/OFFICFJCOUNCIL DATE INITIpTED N� 102675 Public Works Thu, Jul 13, 2000 GREEN SH , � m � A � CANiACT PERSON & PHONE PatByme2666171 ASSIGN ��TM� oRN��RECTOR DaTrcoviva� NUMBERWR I ❑CITYCLERK MUSTBEONCOUNCILAGENDABY(DA'fE) ROUTING �FlNANGALSERVICESOIR. �JFM,SERVICES�ACCT. Wednesday,July26,2000 °p �� Mp,yOR(ORASSISTANT) ❑ I � DINSION MANAGER u u �EPAFiTMEMACGT TOTAL;OFSIGNATUpEPAGES � (CLIPALLLOCATIONSFORSIGNANRE) ACT10N PC-0UESTED City Council Resolution (attacfied) appmving ihe purchase agreement for the property at 1691 Hoyt Avenue. RECOMMENDATIONS: Apprave (A) w Rejeet(Fp PEp$pNALSEPVICE COMFACSS MUST AtiSWEA'IHE FOLLfWlING QUESTIpNS: _PL4NNINGCOMMISSION _qVILSERVICECOMMI5510N � Haslhi5persorJlirtneverworketluntlerawMraq(orthisdeparhrent? GIeCOMMI'CfEE _ Y� ❑ NO ❑ A STAFF _ 2. HasthispersoNfirtneverbeenacRysmployee� 'DISTRICTCOUPJCII YES � NO � 3. Dces ihis persoNfi�m possess a sltill not nortnally possessed by any current cRy employee? YES ❑ NO ❑ 4. Is i�is presoNtimi a target vendon Y� � NO � Explain all yes amwecs on s¢parztesheec aml anaeh to green sheM INfiIATING PPOBLEM, ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHEflE, WN1�: Flooding in July of 1997 lead to a Flood Remediation Proposal since accepted by the Community, the Mayor, and City Council. In order to comply with promises made and requirement set by the DNR, we need to acquire the property at 1691 Hoyt Avenue. Purchase of the said property was final ordered on July 22, 1998, funding for such relief (the Hoyt-Montana Flood Remediation Project) to come from State and Federal grants and various City funding sources.d ADVANTAGESIFAPPFOVED: We are able to construct the facilities as promised and as required by the DNR UNIT !NlTiAt DkTE $ewet lltiii 7 �p� DISADVAt�frAGESIFAPPqOVED: yJj(BCiOr '� None ,4ss?. Diiector Accounting 7 a� ov DISADVAMAGES IF NOT APPHOVED: We will not be able to build a pond of sufEicient size to meet the standards +mposed by the DNR. The DNR is administrating grants totaiing $2.3 million for this project. TOTALAMOUNTOF7RANSACTION; $�3�J,OOO.00 COST/REVENUEBUOGEfED? rES � No� FUNDING SOURCE J�� 6 (j� (/'-.+� ACINfTY NUMBER CPL-C98-2B030. FINANCIAL INFORMATION: (EXPLAIN) FINANCE FILE # Return copy to: Sewer Utility Public Works Department 700 City Hall Annex Presented By ORIGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA � �o Referred To Committee: Date i WHEREAS, Acquisition of the property located at 1691 Aoyt Avenue East, described as "Lot 19; The westerly 27 z feet of Lot 20; all in block 2, Birt's Addition, according to the recorded plat thereof, and situated in Ramsey s County, Minnesota", is needed to construct a multi-use facility with the primary purpose of flood remediation and a protection from a storm similaz to that of July 1�`, 1997, WHEREAS, purchase of the said property was final ordered on July 22, 1998, funding for such relief (the Hoyt-Montana Flood Remediation Project) to come from State and Federal grants and various City funding sources; and 9 WHEREAS, the City of Saint Paul has secured an agreement for the purchase of the said properties ; and �o n �z 13 ia IS WHEREAS, the Duector of Public Works has recommended the purchase of said property; NOW THEREFORE BE IT RESOLVED, that, as set forth in the purchase agreement, the proper City officials are hereby authorized and directed to purchase the said property and close the transaction, payment to be charged to Activiry Code CPL-C98-2B030. Requested by Department of Publ� Works By: Director � blic Form Approved by City Attorney By: ��/,C�,��f ' �tlK� �/7•d� Approved by May for Submission to Council % - By: � Councii File # __p0 � G �l� Green Sheet # 102675 Adopted by Council: Date �� 1a�s�_ —�-� �+. bTyx, 00 -,l�Q DEPARTMENr/OfFICEKOUNCIL DATEINITIATED G N SHEET �OZ67�J Public Works Thu, Jul 13, 2000 NO. CANTACT PERSON & PHONE � A � INITIAUDATE Pat B me 2666171 � � o oa � p7y (`q��IL y NUMBEAFOR �CITYATTORNEY �� ❑CffYCLERK MUSTBEONCOUNQLAGENDABY(DA7E� Rp{!(ING I�FINANCIALSERVICESDIR. �FlN.SERVICES/ACCT. Wednesda , Ju � ,I 26, 2000 ORD Y '1 � MAVOR (OR ASSISTANT) � DIVISION MANAGFR Q u DEPARiMENTA ii � T6fALfOFSIGNATUREPAGES 7 (CLJPALLLOCAlpNSWflSIGNANH� ACi1DNREQUESTED City Council Resolution (attached) approving the purchase agreement (also attached) for the property at 1691 Hoy[ Avenue. RECOMMENDATIONS: Approue (A) a He�¢M (ip pEpSpNpL SF�FMCE CAMRACfS MUSTANSWERTXE FOLLOWING DUESTIONS: PLANNINGCOMMISSION _G��ILSERVIGECOMMI$$ION � HasfiispersoNfirtneverxoekeduntlerawM2aforfi'sdepaMient? CIBCOMMITiEE � ❑ NO ❑ A �� — 2. HasNispersoMirtneverbeenacByemploy¢e? DISTqICTCOUNCIL Y � � � � — — 3 DcestnisPersoNfirmpossessaskillnceromWlYPOSSesseaq'anycurtentaryertployea? YES ❑ NO ❑ 4 Is ihis DremNLrtn a terget vendor+ Ya � NO � Etplain all yes answere on s¢parate sh¢et and aCaeh fo green sheet INRIATNG PROBLEM, ISSUE, OPPORfUNrtY (WMO, WXAT� WHEN, WHEFE, WH'Q: Flooding in July of 1997 lead to a Flood Remediation Proposai since accepted by the Community, the Mayor, and City Council. In order to comply with promises made and requirement set by the DNR, we need to acquire the property at 1691 Hoyt Avenue. Purchase of the said property was final ordered on Juiy 22, 1998, funding for such relief (the Hoyt-Montana Flood Remediation Project) to come from State and Federal grants and various City funding sources.d pDVANTAGESIFAPPROVED: We are abie to construct the flood remediation facilities as promised and as required by the DNR t�� DISADVANTAGES I,F APPqOVED: �� None +� � �� DISADVANTAGES IF NOT APPROVED: We will not be abie to build a pond of sufficient size to meet the standards imposed by the DNR. The DNR is administrating grants totafing $2.3 million for this project. TOTALAMOUNTOFTRANSACTION: $1$S,OOO.00 CoSrmEVENUEBUDGEreox YES � No� FUNDINGSOURCE S tfltB 3fiCI FBCJ@r8I G(8f1tS. ACfTVffY NUMBER CPl-C98-2B030. FlNANCIAL INFORMAnON: (IXPLAIN) FINANCE FILE # 00 _ �.a4 CTTY OF SAINT PAUL PURCHASE AGREEMENT Date: Julv 9`�, 2000 2. Location of the Real Estate: 1691 Ho�t Avenue East. Saint Paul, Minnesota 55106 3. I.egal Description of the sale property: T..ot 19: the westerlv 27 feet of lot 20: all in block 2, Birt's addition, accordin� to the recorded Plat thereof, and situated in Ramsey County Minnesota 4. a) Name and address of Buyer: Cit� of Saint Paul - Sewer Utility. Department of Public Works 700 City Hall Annex - 25 West Fourth Street Saint Paul Minnesota 55102 b) Name and address of Seller: James W. Pruden and Diane L. Pruden . 1691 Hovt Avenue East SaintPaul.Minnesota SS1Q6 5. Agreed Purchase Price: The lesser of $135.000, or sum of balances of mortgages in favor of TCF Mortgage Corporation, filed as document number 1514740, and Administrator of the Small Business Administration, filed as document number 1162725 as of the date of closing 6. Real Estate Taxes: Seller shall be responsible for any delinquent taxes not yet paid. TaYes payable in 2000 shall be prorated as of the date of closing. The City shall pay all taxes payable after 2000. 7. Seller shall pay all assessments levied against the property as of the date of closing. 8. Se]ler shall provide the City with proof of payment of taxes, assessments and liens. Any taxes, assessments and liens not paid as of the date of closing, will be withheld from the purchase price. Purchase Agreement James W. Pruden and Diane L. Pruden d 6— �� Page 2 9. Conveyance: Seller shall convev marketable fee title to the Citv by Warranty Aeed. 10. Seller shall provide the City, within seven days of signing this Purchase Agreement, an Abstract of Title and/or an Owner's Duplicate Certificate of TiUe. Seller agrees, at Sellers's cost and expense, to correct or remove any exception or "clouds" on the utte as shown on the Buyer's "Commitment to Insure" tiUe examinarion report. 11. Closing shall occur within 30 days following execution of this Purchase Agreement, at which time the tide to the premises shall be conveyed to the City. The Closing date may be postponed and rescheduled by mutual agreement of the parties hereto. The City shall pay all closing costs. 12. Seller acknowledges that the damage to Seller's home was caused exclusively by extraordinary rainfall and that the damages were unavoidable, That is, the damages were caused by what are referred to as "acts of God." The extraordinary rainfall and the damage occasioned by it prompted the Federal government to declare the area affected a Major Disaster Area. Seller acknowledges that it requested the City to purchase the property and the City, upon obtaining Federal and State disaster relief funding, has agreed to purchase the property in order to fulfill public purpose issues relating to safety and health. The City, having obtained disaster relief funds from State and Federal sources for the purpose of providing relief to the Seller from the damages resulting from an act of God, the Seller agrees to waive any and all claims to relocation benefits provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act. 13. Seller shall provide an affidavit on the date of closing, indicating that the Seller has not used or pernutted the use of the subject property as a hazardous waste disposal facility as de5ned in section 115A.03 Subd. 10 of Chapter 121 of the Laws of Minnesota of 1983, and that there is no basis to conclude that this property has been subject to or contaminated by the release of any hazardous substance, hazardous waste, pollutants of contaminants as defined in Section 115B.02 of the Minnesota Statutes. 14. Seller wishes to occupy the premises after the date of closing and agrees to execute a lease with the City. It is a standard lease with the basic premises consisting of rent of $1/month and the terms of the lease expiring March 31 2001 15. Seller acknowledges and wairants by this Purchase Agreement that Seller hereby releases City from any and all claims, demands, and actions of any kind or nature which may arise from the extraordinary rainfall of July 1, 1997 or at any other time preceding ar following. Seller relinquishes any such claim against the City in exchange for the City purchasing Seller's property based upon the fair mazket value of Seller's property as of June 30, 1997. 16. All wacranties and representations made in this Purchase Agreement shall survive the closing and the conveyance of title to the property. This Purchase Agreement and all obligations provided shall, to the extent not fully satisfied and performed by or through the Closing, survive the closing and the conveyance of tifle to the property. 17. Purchase Agreement is conringent on City Council of Saint Paul passing resolufion appmving the purchase agreement. 2 Seller: By: W � .�.�✓�" � Date: By; � (�tL L � T �LC�(-�Lli'K/ Date: The City: � Sewer of Public Works �� u.e fa ��'�-- ��f�6� �� 7 t �-ob 7-l1 �? ' 1 l - 2ocn Oo-��`� Date: �� d0 3 DEPARTMEM/OFFICFJCOUNCIL DATE INITIpTED N� 102675 Public Works Thu, Jul 13, 2000 GREEN SH , � m � A � CANiACT PERSON & PHONE PatByme2666171 ASSIGN ��TM� oRN��RECTOR DaTrcoviva� NUMBERWR I ❑CITYCLERK MUSTBEONCOUNCILAGENDABY(DA'fE) ROUTING �FlNANGALSERVICESOIR. �JFM,SERVICES�ACCT. Wednesday,July26,2000 °p �� Mp,yOR(ORASSISTANT) ❑ I � DINSION MANAGER u u �EPAFiTMEMACGT TOTAL;OFSIGNATUpEPAGES � (CLIPALLLOCATIONSFORSIGNANRE) ACT10N PC-0UESTED City Council Resolution (attacfied) appmving ihe purchase agreement for the property at 1691 Hoyt Avenue. RECOMMENDATIONS: Apprave (A) w Rejeet(Fp PEp$pNALSEPVICE COMFACSS MUST AtiSWEA'IHE FOLLfWlING QUESTIpNS: _PL4NNINGCOMMISSION _qVILSERVICECOMMI5510N � Haslhi5persorJlirtneverworketluntlerawMraq(orthisdeparhrent? GIeCOMMI'CfEE _ Y� ❑ NO ❑ A STAFF _ 2. HasthispersoNfirtneverbeenacRysmployee� 'DISTRICTCOUPJCII YES � NO � 3. Dces ihis persoNfi�m possess a sltill not nortnally possessed by any current cRy employee? YES ❑ NO ❑ 4. Is i�is presoNtimi a target vendon Y� � NO � Explain all yes amwecs on s¢parztesheec aml anaeh to green sheM INfiIATING PPOBLEM, ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHEflE, WN1�: Flooding in July of 1997 lead to a Flood Remediation Proposal since accepted by the Community, the Mayor, and City Council. In order to comply with promises made and requirement set by the DNR, we need to acquire the property at 1691 Hoyt Avenue. Purchase of the said property was final ordered on July 22, 1998, funding for such relief (the Hoyt-Montana Flood Remediation Project) to come from State and Federal grants and various City funding sources.d ADVANTAGESIFAPPFOVED: We are able to construct the facilities as promised and as required by the DNR UNIT !NlTiAt DkTE $ewet lltiii 7 �p� DISADVAt�frAGESIFAPPqOVED: yJj(BCiOr '� None ,4ss?. Diiector Accounting 7 a� ov DISADVAMAGES IF NOT APPHOVED: We will not be able to build a pond of sufEicient size to meet the standards +mposed by the DNR. The DNR is administrating grants totaiing $2.3 million for this project. TOTALAMOUNTOF7RANSACTION; $�3�J,OOO.00 COST/REVENUEBUOGEfED? rES � No� FUNDING SOURCE J�� 6 (j� (/'-.+� ACINfTY NUMBER CPL-C98-2B030. FINANCIAL INFORMATION: (EXPLAIN) FINANCE FILE # Return copy to: Sewer Utility Public Works Department 700 City Hall Annex Presented By ORIGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA � �o Referred To Committee: Date i WHEREAS, Acquisition of the property located at 1691 Aoyt Avenue East, described as "Lot 19; The westerly 27 z feet of Lot 20; all in block 2, Birt's Addition, according to the recorded plat thereof, and situated in Ramsey s County, Minnesota", is needed to construct a multi-use facility with the primary purpose of flood remediation and a protection from a storm similaz to that of July 1�`, 1997, WHEREAS, purchase of the said property was final ordered on July 22, 1998, funding for such relief (the Hoyt-Montana Flood Remediation Project) to come from State and Federal grants and various City funding sources; and 9 WHEREAS, the City of Saint Paul has secured an agreement for the purchase of the said properties ; and �o n �z 13 ia IS WHEREAS, the Duector of Public Works has recommended the purchase of said property; NOW THEREFORE BE IT RESOLVED, that, as set forth in the purchase agreement, the proper City officials are hereby authorized and directed to purchase the said property and close the transaction, payment to be charged to Activiry Code CPL-C98-2B030. Requested by Department of Publ� Works By: Director � blic Form Approved by City Attorney By: ��/,C�,��f ' �tlK� �/7•d� Approved by May for Submission to Council % - By: � Councii File # __p0 � G �l� Green Sheet # 102675 Adopted by Council: Date �� 1a�s�_ —�-� �+. bTyx, 00 -,l�Q DEPARTMENr/OfFICEKOUNCIL DATEINITIATED G N SHEET �OZ67�J Public Works Thu, Jul 13, 2000 NO. CANTACT PERSON & PHONE � A � INITIAUDATE Pat B me 2666171 � � o oa � p7y (`q��IL y NUMBEAFOR �CITYATTORNEY �� ❑CffYCLERK MUSTBEONCOUNQLAGENDABY(DA7E� Rp{!(ING I�FINANCIALSERVICESDIR. �FlN.SERVICES/ACCT. Wednesda , Ju � ,I 26, 2000 ORD Y '1 � MAVOR (OR ASSISTANT) � DIVISION MANAGFR Q u DEPARiMENTA ii � T6fALfOFSIGNATUREPAGES 7 (CLJPALLLOCAlpNSWflSIGNANH� ACi1DNREQUESTED City Council Resolution (attached) approving the purchase agreement (also attached) for the property at 1691 Hoy[ Avenue. RECOMMENDATIONS: Approue (A) a He�¢M (ip pEpSpNpL SF�FMCE CAMRACfS MUSTANSWERTXE FOLLOWING DUESTIONS: PLANNINGCOMMISSION _G��ILSERVIGECOMMI$$ION � HasfiispersoNfirtneverxoekeduntlerawM2aforfi'sdepaMient? CIBCOMMITiEE � ❑ NO ❑ A �� — 2. HasNispersoMirtneverbeenacByemploy¢e? DISTqICTCOUNCIL Y � � � � — — 3 DcestnisPersoNfirmpossessaskillnceromWlYPOSSesseaq'anycurtentaryertployea? YES ❑ NO ❑ 4 Is ihis DremNLrtn a terget vendor+ Ya � NO � Etplain all yes answere on s¢parate sh¢et and aCaeh fo green sheet INRIATNG PROBLEM, ISSUE, OPPORfUNrtY (WMO, WXAT� WHEN, WHEFE, WH'Q: Flooding in July of 1997 lead to a Flood Remediation Proposai since accepted by the Community, the Mayor, and City Council. In order to comply with promises made and requirement set by the DNR, we need to acquire the property at 1691 Hoyt Avenue. Purchase of the said property was final ordered on Juiy 22, 1998, funding for such relief (the Hoyt-Montana Flood Remediation Project) to come from State and Federal grants and various City funding sources.d pDVANTAGESIFAPPROVED: We are abie to construct the flood remediation facilities as promised and as required by the DNR t�� DISADVANTAGES I,F APPqOVED: �� None +� � �� DISADVANTAGES IF NOT APPROVED: We will not be abie to build a pond of sufficient size to meet the standards imposed by the DNR. The DNR is administrating grants totafing $2.3 million for this project. TOTALAMOUNTOFTRANSACTION: $1$S,OOO.00 CoSrmEVENUEBUDGEreox YES � No� FUNDINGSOURCE S tfltB 3fiCI FBCJ@r8I G(8f1tS. ACfTVffY NUMBER CPl-C98-2B030. FlNANCIAL INFORMAnON: (IXPLAIN) FINANCE FILE # 00 _ �.a4 CTTY OF SAINT PAUL PURCHASE AGREEMENT Date: Julv 9`�, 2000 2. Location of the Real Estate: 1691 Ho�t Avenue East. Saint Paul, Minnesota 55106 3. I.egal Description of the sale property: T..ot 19: the westerlv 27 feet of lot 20: all in block 2, Birt's addition, accordin� to the recorded Plat thereof, and situated in Ramsey County Minnesota 4. a) Name and address of Buyer: Cit� of Saint Paul - Sewer Utility. Department of Public Works 700 City Hall Annex - 25 West Fourth Street Saint Paul Minnesota 55102 b) Name and address of Seller: James W. Pruden and Diane L. Pruden . 1691 Hovt Avenue East SaintPaul.Minnesota SS1Q6 5. Agreed Purchase Price: The lesser of $135.000, or sum of balances of mortgages in favor of TCF Mortgage Corporation, filed as document number 1514740, and Administrator of the Small Business Administration, filed as document number 1162725 as of the date of closing 6. Real Estate Taxes: Seller shall be responsible for any delinquent taxes not yet paid. TaYes payable in 2000 shall be prorated as of the date of closing. The City shall pay all taxes payable after 2000. 7. Seller shall pay all assessments levied against the property as of the date of closing. 8. Se]ler shall provide the City with proof of payment of taxes, assessments and liens. Any taxes, assessments and liens not paid as of the date of closing, will be withheld from the purchase price. Purchase Agreement James W. Pruden and Diane L. Pruden d 6— �� Page 2 9. Conveyance: Seller shall convev marketable fee title to the Citv by Warranty Aeed. 10. Seller shall provide the City, within seven days of signing this Purchase Agreement, an Abstract of Title and/or an Owner's Duplicate Certificate of TiUe. Seller agrees, at Sellers's cost and expense, to correct or remove any exception or "clouds" on the utte as shown on the Buyer's "Commitment to Insure" tiUe examinarion report. 11. Closing shall occur within 30 days following execution of this Purchase Agreement, at which time the tide to the premises shall be conveyed to the City. The Closing date may be postponed and rescheduled by mutual agreement of the parties hereto. The City shall pay all closing costs. 12. Seller acknowledges that the damage to Seller's home was caused exclusively by extraordinary rainfall and that the damages were unavoidable, That is, the damages were caused by what are referred to as "acts of God." The extraordinary rainfall and the damage occasioned by it prompted the Federal government to declare the area affected a Major Disaster Area. Seller acknowledges that it requested the City to purchase the property and the City, upon obtaining Federal and State disaster relief funding, has agreed to purchase the property in order to fulfill public purpose issues relating to safety and health. The City, having obtained disaster relief funds from State and Federal sources for the purpose of providing relief to the Seller from the damages resulting from an act of God, the Seller agrees to waive any and all claims to relocation benefits provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act. 13. Seller shall provide an affidavit on the date of closing, indicating that the Seller has not used or pernutted the use of the subject property as a hazardous waste disposal facility as de5ned in section 115A.03 Subd. 10 of Chapter 121 of the Laws of Minnesota of 1983, and that there is no basis to conclude that this property has been subject to or contaminated by the release of any hazardous substance, hazardous waste, pollutants of contaminants as defined in Section 115B.02 of the Minnesota Statutes. 14. Seller wishes to occupy the premises after the date of closing and agrees to execute a lease with the City. It is a standard lease with the basic premises consisting of rent of $1/month and the terms of the lease expiring March 31 2001 15. Seller acknowledges and wairants by this Purchase Agreement that Seller hereby releases City from any and all claims, demands, and actions of any kind or nature which may arise from the extraordinary rainfall of July 1, 1997 or at any other time preceding ar following. Seller relinquishes any such claim against the City in exchange for the City purchasing Seller's property based upon the fair mazket value of Seller's property as of June 30, 1997. 16. All wacranties and representations made in this Purchase Agreement shall survive the closing and the conveyance of title to the property. This Purchase Agreement and all obligations provided shall, to the extent not fully satisfied and performed by or through the Closing, survive the closing and the conveyance of tifle to the property. 17. Purchase Agreement is conringent on City Council of Saint Paul passing resolufion appmving the purchase agreement. 2 Seller: By: W � .�.�✓�" � Date: By; � (�tL L � T �LC�(-�Lli'K/ Date: The City: � Sewer of Public Works �� u.e fa ��'�-- ��f�6� �� 7 t �-ob 7-l1 �? ' 1 l - 2ocn Oo-��`� Date: �� d0 3 DEPARTMEM/OFFICFJCOUNCIL DATE INITIpTED N� 102675 Public Works Thu, Jul 13, 2000 GREEN SH , � m � A � CANiACT PERSON & PHONE PatByme2666171 ASSIGN ��TM� oRN��RECTOR DaTrcoviva� NUMBERWR I ❑CITYCLERK MUSTBEONCOUNCILAGENDABY(DA'fE) ROUTING �FlNANGALSERVICESOIR. �JFM,SERVICES�ACCT. Wednesday,July26,2000 °p �� Mp,yOR(ORASSISTANT) ❑ I � DINSION MANAGER u u �EPAFiTMEMACGT TOTAL;OFSIGNATUpEPAGES � (CLIPALLLOCATIONSFORSIGNANRE) ACT10N PC-0UESTED City Council Resolution (attacfied) appmving ihe purchase agreement for the property at 1691 Hoyt Avenue. RECOMMENDATIONS: Apprave (A) w Rejeet(Fp PEp$pNALSEPVICE COMFACSS MUST AtiSWEA'IHE FOLLfWlING QUESTIpNS: _PL4NNINGCOMMISSION _qVILSERVICECOMMI5510N � Haslhi5persorJlirtneverworketluntlerawMraq(orthisdeparhrent? GIeCOMMI'CfEE _ Y� ❑ NO ❑ A STAFF _ 2. HasthispersoNfirtneverbeenacRysmployee� 'DISTRICTCOUPJCII YES � NO � 3. Dces ihis persoNfi�m possess a sltill not nortnally possessed by any current cRy employee? YES ❑ NO ❑ 4. Is i�is presoNtimi a target vendon Y� � NO � Explain all yes amwecs on s¢parztesheec aml anaeh to green sheM INfiIATING PPOBLEM, ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHEflE, WN1�: Flooding in July of 1997 lead to a Flood Remediation Proposal since accepted by the Community, the Mayor, and City Council. In order to comply with promises made and requirement set by the DNR, we need to acquire the property at 1691 Hoyt Avenue. Purchase of the said property was final ordered on July 22, 1998, funding for such relief (the Hoyt-Montana Flood Remediation Project) to come from State and Federal grants and various City funding sources.d ADVANTAGESIFAPPFOVED: We are able to construct the facilities as promised and as required by the DNR UNIT !NlTiAt DkTE $ewet lltiii 7 �p� DISADVAt�frAGESIFAPPqOVED: yJj(BCiOr '� None ,4ss?. Diiector Accounting 7 a� ov DISADVAMAGES IF NOT APPHOVED: We will not be able to build a pond of sufEicient size to meet the standards +mposed by the DNR. The DNR is administrating grants totaiing $2.3 million for this project. TOTALAMOUNTOF7RANSACTION; $�3�J,OOO.00 COST/REVENUEBUOGEfED? rES � No� FUNDING SOURCE J�� 6 (j� (/'-.+� ACINfTY NUMBER CPL-C98-2B030. FINANCIAL INFORMATION: (EXPLAIN) FINANCE FILE #