272849 M�MITE - CITV CLERK � COI111C1I /�l ",����
PINK �-�FINANCE GITY OF SAINT PAUL �
CANARV - DEPARTMENT
BLUE - MAYOR �� - � �`Y �
File N 0.
�.� At�'��. � uncil Resolution
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Presented By
Referred To Committee: Date
Out of Committee By ; Date
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RESOLVED by tlle Council of the City of Saint Paul that the
Contract For Sale bf Land For Private Redevelopment between the
Housing and Redeve�lopment Authority of the City of Saint Paul,
Minnesota, Farm C�edit Banks and the City, relating to the sale
and redevelopment of Parcel G-9 , Community Development District
17, is hereby app�roved in the form submitted at this meeting for
execution on behalf of the City by the Mayor and Director of
Finance and Management Services.
COUIVCILMEN Requested by Depactment of:
Yeas Nays
Butler � Depart�„nt Of Planni.ng and Eoor�omi.c Develo�ert�xlt
� [n Favor
Hunt
I.evine � __ Against BY
Maddox
Show r
T sco
Adopte y Council: Date APR Z 6 �� Form Approved ity Attorney
Cer ied Pass y Counc� tary BY Y
t�pproved by or• Date Approve by Mayor for Sub 'ssi to.Council
By _ � C� BY
p�a��sNr� M AY 5 1�—
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. EXPLADiAT N.��F 'ADMINIS��tA'T�S1E=012DERS, _ , ._ ...._ . .
" RES UTIONS, AND ORDIN'ANCES _ _
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�ECE � �/ ED
.., , • . _.. . APR 2 5 1979
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Date: April 23 , 1979 � � �-�...� �t�--�I� '
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TO. MAYOR GEORGE LAT R��- �
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FR: Gary Stout . . ` � �- �
�; Farm Creslit Banks Sale and Rede��e�.op��nt Contract
. Parcel G-9 -,�.:_ _ . .
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ACTION REQUESTED: _ �
Submission to Co cil fdr Contrac"t �tcceptance and approval by the
City Couneil. �
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- PL'iRPOSE AND RAT�ON FOR THIS ACTION: i �
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^ . Sections'.$:(e) nd 8 (f) :(2) of the HRA-Farm Credit Banks Contract
- . . invo].ve .+Ci:ty a tion respect�ing DP�� design and assistance of the
_ Parkini� �snini trator S:n funding interim parking.
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ATTACF�MENTS:
Resolution ' : . �
Contract
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PART 1
OF . '
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVEL � PMEiVT'
BY AND BET1�'EEN
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HQUSING AND REDEVELOPi1r]ENT AUTHORITY
OF THE CITY OF SAINT PAUL, NiINNESOTA
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FARM CREDIT BANKS OF ST. FAUL -
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d, CONTRACT FOR
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SALE OF LAND FOR PRIVATE REDEVELOPi1� EI�i �'
AGREEMENT, consistin� of this Part I and Part II (Form HUD-6209B, 9-69) annexed�
. hereto and made a part hereof' {which Part I and Part II and together hereinafter called "Agreement«),
made on or as of the d;ay of , 1979, by and bet�veen the HOUSI;�IG AND
REDEVELOP�IENT AUTHORTTY OF "tHE CITY OF SAINT PAUL, MINNESOTA, a puSlic
body corporate and poiitic organized and existing under the laws of the State of Minnesota
(which, together with any su�cessor public body or officer hereafter designated by or pursuant
to !aw, is hereinafter called"Agency"), established pursuant to the MUnicipai Housing and
Redevelopment Act of the 5tate of Nlinnesota {hereinafter called"Redevelo�ment Act") and
having its office, City Hall PAnnex at 25 �Vest Fourth Stree�, City of Saint Paul (hereinafter
� called "City"), State of Minnesota, and FARM CKEDIT BANKS OF ST. PAUL, consisting
of the Federal Intermediate Credit Bank of St. Paul, The Federal Land Bank of Saint Paui,
and the St. Paul Bank for Cooperatives, corporations orga�ized and existing under the Ia�vs
of t�e United States �f America, 375 �ackson Street, St. Paul, Minnesota (herein�fter called
"Red�veloper"). � �
WITNESSETH:
WHEREAS, in compliance with the Federal Housing and Community Development Act
of 1974 (Pubiic Law 98-3�83) and Rules and Regulations adopted pursuant thereto, the City
has duly made applicatian to the U.S. Department of Housing and Urban Development for Community
Development Block Grant Program; and
WHEREAS, the Agency has prepared and approved, and the City of Saint Paul has, 6y City Counc
Resolution No. CF 271170 adopted May 30, 1978, approved a Redevelo�ment Plan for Commun�ty
Development Year IV v�✓hich Plan modifies and reaffirms prior Rede��elopment Piarzs,filed of record in
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offices of the City Clerk, Saint Paul, Minnesota, under said date and Resolution 1�Tumber;
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L \V�IE2EAS, in furtherance of the objectives of the Redevelopment Act, thc Age�cy
has undertaken a program for the clearance and recenstruction or rehabiiitation of slum and
substandard areas of the City, and in this connection is engaged in carrying out a redeveiopment
project known as Seventh Piace Redevelo�ment Project {hereinafter called "�istrict") in an
area (hereinafter called "Disirict Area") located in the City, pursuant to the Seventh Place
Redevelopment Plan approved by the Council of the City of Saint Paul hy Resolution CF 272I55
adopted December 5, 1978, antl filed of record in the offices of the City Clerk und�r said date
and Resolution Number, wnich Plan and the Redevelopment Plan for Community Development Year IV
shall hereafter be referred to'as the "Redevelopment Plans";and
1�/HEREAS, in order to enable the Agency to achieve the objectives of thz Redevelopmznt
Pians and particularly to make the land in the Community DeveloQ�nent Districts available
for redeveloprnent by privat¢ enterprise for and in accordance �vi�h the uses specified in the
� Redevzioprnent Plan, both tne Federat Government and the City have undertaken to provid�,
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and have providzd, substantial aid and assistance to the Age��y'tnrough a Corrzmu�ity Develo�ment
F31ock Grant Program Agency Agreement dated June 6, 1978; and
WHEREAS, the Agency has offered to sell, and the Redeveloper is �villing to purchas�,
certain real property located in the District Area and more pa+ticularly described in Sche3uie
"A" annexed hereto and made a part hereof (which prop�rty as so described is herei:tafter
called "Property") and to redevelop the Property far and in accorciance with the uses specified
in the Redevelopment Plat� and in accordance with the Agreement; and
�'VHEREAS, the Agency believes that the redevelopment of the Property pursuant ta _
the Agreement, and the f�ulfillment generally of the Agreement, are in the vital and best
interests of the City and the health, safety, morals, and welfare of its residents, and in accord
with the public purposes and provisions o# the applicabie Federal, State, and local Iativs and
requirements under whi�h the District Area has been undertaken and is being assisted.
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� i�O�V "fHEREFORE, in �onsideration of the prernis�s �nd the mutual o�tigations of the
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parties �ereto, each of them does here�,y covenant and agree �vith tne oti�er as follo�vs:
StC. 1. PURCHASE PRICE.
Subject to all the terms, covenants and conditions of the f�gre:.•ment, the Agency �vill _ .
seli the Property to the Re�eveloper for, and the Redeveloper wili purchase th� Property from the
Agency and pay therefor, thie amount of One Hundred Eigntp•-Eight Thousand Four Hun�red i�tinety-Six
Dollars ($188,�96.00), plus �fwenty-T�vo Thousand Three Hundred Fifty Dollars ($22,350.0Q) for
assessments, hereinafter co!lectively called "Purchase Price", to be paid in cash or by certified
check simultaneously with the delivery of the Deed conveying the Property to the Redeveloper
in such name or names as it may direct.
SEC. 2. CONVEYAI�?CE OF PROPERTY
(a) Form of Deed. The Agency shall convey the Pro�erty by quit-claim deecl (h�reinafter
ca11Pd "Deec!"). Such conveyance and title shall, in adciition to.th� co�dition subsequent provided
� for in Section 704, Part Ii, hereof, and to all oth�r coh�i-tio^s,�cove�ants ��d restrictions set
forth or referred to elsetvh�re in the Agreement, b� su�j�ct to:
(1) The provisicns and requiremen�s of the Re�evelopment Plan_ Community Development
Progra.m Ye�r IV and of the Seventn Place Rec+evelopmert Pla:�.
(2) Any law, ordinance or governmental reoulation, v✓hich incluces, but is not limited
to, building and zoning ordinances �vhich restrict, regulate, or prohit�it th° occupancy,
use, enjoyment, or improvement or su�division of the Pra�erty.
(b) 'I'ime and Plaee for Delivery of the De�d. The Agency shall deliver the Deed and
possession of the Prop�rty on Nlay 1, 1979, or on such earlier date as the parties hereto may
mutually agree in writing. Conveyance shall be made at the principai office of the Rgency,
and the Redeveloper shall accept such conveyance and pay to the Agency �t sucn tirne and
place the Purchase Price.
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� (c) Conditio�s Precedent �to Delivery of the Deed. Prior to conveyance of the Proper:y
and as conditions precedent to the Agency's obligation to deiiver tE�e Deed, ir► addition to
payme�t of tne Purchase Price, th� Redeveloper shall h� ovligated (1) to su5mit Design DeveIop�ent
Dra�vinos accepta�le to the Agency in accordance with the requirements of SEG 5 (b}; (2) to su�mit
� evid��ce satisfactory to the A;gency of financing commitment or commitments in accord"an�e
�vith the requirements of SEC. 5 (e) for cor,struction of the Improvements, as defir.zd in 3�1, Part II;
and (3) to submit an executed copy of a construction contract for the Impravements_
(d) Real Estate Taxes. The Redevel�per shall pay taxes payable:�. ti�e years subsequent
to the year and date of the conveyance, and all special assessments and instaIlmerYts thereof
payable herewith.
(e) Recordation of D�ed. The Agency shall promptly file the Deed for recordatian
among the Ramsey County land records as a convenience to the Redevelo��r. "!r'�.:. �l�ency
shall return the recorded Deed to the Redeveloper upon recei?t from the Ramsey Cou�ty
� Recorder. .
SEC. 3. GOOD FAITH DEPOSIT. �
(a) Amount. The Redevelopzr has, prior to the execution of the Agreement �y the
Agency, delivered t� the Agency a good-faith cash deposit in the amount of ten p�rcent {IOSo)
of the Purchase Price, excluding the $22,350 referred to in SEC. I abave, �creinafter calted "�eposlt",
as security for the perfo�mance of the obligations of the Redevelopzr to be performzd prior ta the
return of the Deposit to the Redeveloper, or its retention by the Agzncy as liquidated damages,
as the case may be, in accordance witn the Agreement. Th� Deposit is to be held by the Agency
�vithout obligation to p�y interest th�reon. Redeveloper may su'astitute a surety boncl in the same
amount for such deposit if it desires.
(b) Return of Deposit to Redeveloper. Upon termination of the Agreement as provided
in SEC. 7Q2 of Part II herein, the Deposit shall be returned to the Redeveloper by the Agency. -
If the Agreement sha�l not have been terminated as in SEC. ?02 of Pari II.herein, the Agency
`y shall return the Depasit to the Redeveloper upon completion of the I�nprovements to ihe _
Property, as provided in SEC. 5 herein, and �vithin the times set forth in SEC_ 4 herein, anct
as certified to by th�e Agency. . �
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(c) Retention by the Agency. Upon termination of the Agreement as provided in SEC. 7Q3
or 704, Part II herein, the DepoSit sttall be retained by the Agency as provided in said S�ctior�s
(d) Ap.plication to Purcha,se Price. Upon written request of the Redeveloper, the amount
of the Deposit may be a�plied on account of the Purchase Price at th� time payment of ttze
Purc�ase Price is made, if the Agency is in receipt of the following:
(1) A copy of the comrr�itment or commitments obtained by the RedeveIoper for the
mortgage loan or lcaans to assist in financing the construction of the Imp�ovements
(as defined in SEC: 301, Par� II i�erein), certified by the Redzvelaper to be a true
and correct copy or copies thereof;
(2) Evidence satisfac�ory to the Agency that the interim mortgage Ioan to assist ir►
financing the construction of tne Improvements has been initially closed;
(3) A copy of the con�tract between the Redeveloper and the general contractor
for the construction of the Improvements, certified by thz Redeveloper to be .
a true and correct copy thereof;
(4) A copy of the Payment and Performance Bond p-o��i�ed by the general contractor, -
which Payment a�d Performance Bond shall nam� the Agency as co-obligee, in
� connection �vitn t'ne aforesaid construction co�►tract �vnich bond shall be in a per�al
�� sum equal to one hundred p�rcent (100c6) of tne contract price under the said
construction con�tract, certified by the Redeveloper to be a true and correct copy
thereof.
SEC. 4. 7IivIE FOR COMMENCEIVIENT AND COUIPLETIOlV OF I14SPROVE�l�1ENTS.
Ti�e construction of tMe Improvem�nts referrEd to in SEC. S(c), Part I and i� SEC. 3QI,
Part II, herein shall be commenced in any event within three (3) months from the date of
the Deeci, shall be diligently and continuously pursued, and shall be completed within twenty-four (2�)
months from the date of t�e Deed, unless extended by proper amendment to this Agreement_
SEC. 5. CONSTRUCTION PLANS AND FINANCING
(a) Preliminary Plans. The Redeveloper has submitted Preliminary Plans cortsisting
of a series of architectural drawings by �Vinsor-Faricy, Architects, dated Niarch I6, I979.
The Agency has undertaken its review of these Preliminary Plans and �vill advise the Redeveloper's
ar�hitects of any changes required in said Preliminary Plans timely for the preparation and
submission of Design Deuelopment Drawings. "
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(b) Design Development Drawinas. The Redeveloper shatl submit�for Agency approval
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Design Development Drawings based upon the Preliminary Plans as approved by the Agency
in sufiicient detail as necessary for obtaining construction cost estimates or bids ar►d construction
fina�cing commitments as soon as practicable; b�,�t in any event, exce�t as i�ereafter provided, prior
ta the date for d�livery of th° Deed to the Property provided for in Sec. 2(b) hereof. On or t�efore
P✓lay 1, 1979, the Fedeveloper;shall submit to the Agency the current projzctions for the cost of
the Improvements. In the ev�nt Design Development Dra�vings are not su�mitted by May I, IR79,
but the other requirements o� SEC. 2(c) are met, the parties may proceed to closing, and the Redevelop
may, at its o�vn risk, commence construction of footings and foundations in accordance �vit� -
the 4pproved Preliminary Plans. In any event, D�sign Dev�lopment Drawings shall b� submitted
to ti�e Agency in a timely manner to permit Agency revie�v prior to continuation of constructio�
by th� Re:leveloper.
(c) Construction Plans. The Red�veloper s}iali su5mit 50°;c, complete Construction Pla.r�s,
f as d°fined in SEC. 301, Pakt II, consiste�t with the Agency ap�roved Design Development
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Dra�:�ings on or before ninety (90) days from commencement of construction and 100So compiete
Construction Plans on or before one-hundred eighty (180) days from commencement of construction_
(d) Submission of Change Orders. The Redeveioper shaIl submit Change Orders as provided
for in SEC. 301, Part II hierein, should the construction of the Improti�ements vzry from the
approved Construction Plans prior to the commencement of t'rte proposed changes in the Improvements.
?he Agency shall approve or reject such Change Orc�ers within ten (10) working days of its
receipt f rom the Redeveloper.
(e) Evidence of Einancing Commitments. On or before M�.y 1, I979, the Redeveloper
�h�ll submit evidence satisfactory to the Agency of a commitment for financing tf�e Improvements.
In the event that said commitment is from a lender other than tI�e Redeveioper, Redeveloper shali
furthzr submit eviden�e satisfactory to the Agency that all conditions to the financing commitment«ri
be met ancf the means by which they �vill be met. ?he financing commitment or commitments
`� shall bz in the amour�t of the s�bmitted total project development cost.
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� SEC. 6. PERI011 OF DURATION OF COVEVAI�'T Oi� USE.
The covenant pertaininb to th� us� of tt�e Prope►ty, set forth in SEC. 401, Part II herein,
shall r�main in effect from the da�te of the Deed until December 4, 2008, t�e period specified
or referre� to in the Redevelopment Plan, or until such date thereafter ta �vhicn it may be
extended by proper amendment of th� r2edevelopment Plan, on �vhich date, as the case may
� be, such covenant shail terminate.
SEC. 7. NOTICES ANID DEMAI�;DS.
A notice, demand, or other communication under the Agreement by eit►ter party to
the ot�er shall be sufficiently given or dzlivered if it is dispatcl�ed by maii, or delivered persanaily,
to the ac!dresses of the Age�ncy or the Redevelop�r as set forth on Page l, Part I, of this Agreem�nt,
or at such other address wi'th respect to either such party as that party may, from time to
time, notify the other in writing.
SEC. S. SPECIAL PI�OVISIONS.
� �a) Title Insu�-ance. Subsequent to the closing, tf�e r'lgency shall p�rchzse an 4�vner's
Title Ir:suranee Policy at the request of, and �vit5out cost �o, ti�e R°develo�er, in the amQUnt of
the Purchase Price of the Property, as referred to in SEC. I, P�rt I, herein. The said Policy shali
ne issued by Chicago Titl� Insurance Company, insuring that the grantee of the 15eed has �o�d
and marketable fee �implie title to the Property. A binder for such PoYicy arilI t,e deli��ered to
the Red�veloper within ten (10) days of this Agreement.
(5) Abstracts. At the Redeveloper's req�est, the Agency shaIl provide, as soon as practicable, -
abstracts for the Property.
(c) Improvements. Except as provided herein, the Im�rovem�nts to be constructed -
by the Redeveloper under this Agreement shall be in conformity �vith the Redevetopment _
Plans and shall be in accordance with Schedules "B" and "C", copies of �vhich are attached
hereto and incorporated herein. Public improvements to be provided by the Agency
(„ under this Agreement s�hall be as provided in Sections E, 1 and 2 of Schedule "C" and shali be
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completed contemporameously with the substantial completion of the project.
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' (�+) Surve or's �l�onuments. The Redevel��per agrees that fotlo,ving const:uctio� of ttic
Irnpro��em�nts, either the Redevelop�r or the Con�ractor shall hire a Registered Land Sur��eyor
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to repl�ce a�y propert�� corner markers that may ha��e b�.n removed, damaged, or alte►eci
during the co�struction of the;Improvements to the property.
(e) Service Availability Charge (Sf1C). As r�quired by City ordin�.nces, aIl buitding_
perrnit� issuec; after January ;1, 1973, are subject to sewer service connection charges, referred
to as SA� charoes. It is herelby expressly understood and agreed that the Redeveloper shali
bear sole responsibility fo: a�l SAC charges.
(f) Site Conditions. It is hereby und�rstood and agreed that:
(1) The Property is being purchased on an "as-is" basis.
(2) The Redzveloper is relying solely upon its o�vn inspections and observations of
the Property, and is in no way relying upon any representations made by tt�e Agency.
(3) The Redevelop3r shall bear all excavation costs for developing tize Property.
The �lgency makes no representations as to the suS-soil concSition of the Property_
(�) The Redeveloper shall be responsible as a part of tne constrvctio� of the Improvements
for filling all vault areas uncler pu�lic sider��all<s or s�rezts ab�atting the Property, �vhich
` may be uncove�red by construction.
(g) Retaking Title to the Property. Sho�,�ld the Agency �eein ihe ret�':ing of this Property
to be necessary for any r�ason, including th° requirements of Part II, Article VII, S�ctions
701 through 709, herein, the Agency may record (or file) a Limited �Varranty Deed to be provic�ed
by the Redevelo�er at the time of closing. The Property shall be c!eem�d to have revested
in the Agency upon the recording (or filing) hereof. The Agency shali determine the content,
form and manner of execution of the Limited 1�larranty Deed, and retain the same in its pQSSessicn
until issuance of the C�rtificate of Completion (as referred to in Part Ii, Article III, Section
307 (a) through (d) h�rein) at which time the said Limited �Varranty Deed shall be delivered
to the Redeveloper for destruction and cancellation. .
(h) Certi#icate bf Completion. Upon issuance by the Agency, the Redeveloper shatl
promptly file the ^,er�ificate of Completion, referred to in Part II, Article III, Section 3Q7
hereof, for recordatibn among the Ramsey County land records. The Redeveloper shall pay
\ costs for so re�ording the said Certificate of Completion.
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�, (i) Farm Credit Banks Corporatio�. �is soon as authority may exist under the Farm Credit
� Act to do so, the Redevelop:r intends to organize a Farm Credit Banks'Corporation fo: t'�e
purpose of owning and operatin;g the improvements. Title to the Property may be transferred
to said �orporation prior to coinpletion of improveme�ts as certifi�d to by the Agency, su5ject
to Agency approval in accordance �vith Section 503 of Part II hereof. �
� SEC. 9. NIODIFICATIO�]S OF PART IL
The following amendments and modificati�ns are hereby made in the terms, cavenants
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and conditions forming Part IT hereof. '
(a) Insert after subsection 401(b) the follo�ving subsection: -
"(c) Include in all advertising (including signs) for sale and/or renta! of the whoIe or
any part of the property and legend, 'An Open Occupancy BL11.1CI1Ro in type or lettering
of easily legible saze and design. The wora 'Project' or 'Development' may be
substituted for the word 'Building' �vhere circumstances require such substitutia�:'
(b) By adding the follo�tivinb to SEC. 702(a) before the last "or" in said subdivision {a) as a
further c�ualifying provision. .
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� ". . . and the Agency shall be unable to demonstrate, to the reasoriai�le satisfaction of the
Redeveloper, (1) tnat the defect, cloud, or other c;eficiency in or on titIe involved,
or tne part of the Property to which it relates, is of such a nature that the Reueveloper
will not be hampered or delayed in the construction of the Improvements by tal<inv
title and possession subject to such defect, cloud or deiiciency, and (2) that the
Agency will, through its pawer of conclemnation or otherwise, be readily able to
cure or eliminate such defect, cloud, or deficiency subsequen� to delivery of title
and poss�ssion bf the Property or the remaindzr therec�f, and in any event, p;ior to
completion of the Improvements;'
(c) SEC. 802, Articl� VIII, is hereby amended by adding the foIlowing paragraphs:
"For the p�rpose of including such provisions in any construction contract or purchase
� order, as required by this Section, the term 'Red°veloper' arid the term 'Contractar'
may be chang�d to reflect appropriately th� name or designation of the parties
to such contract or purchase ord�r.
A tvritten affi'rma-tive action program is required. The prime contractor is to
develop and submit to the Redeveloper three copies of his affirmative a�tion program.
The prime contractor is to submit to th� Redeveloper, within fifteen (15) days
of the Redeveloper's request of particular sub-contractors, threz (3) eopies of
affirmative a�tion programs of each suc+� su�a-contractor. The objective for the
prime contra¢tor and each sub-constractor is to approach a 6°.�i minority empIoyment
in each craft: In vie�v of this objective, the Redeveioper may combine minority
� employment,;minority sub-contracting and material procurement from minority
suppliers, in �✓hich event the total of minority salaries, sub-contract prices and
material contract prices shall be in the amount of 6�6 or more of the contract
or sub-contract price. Redeveioper agrees to comply �vith the requirements of
Section 74.O�A of the Saint Paul Legislative Code and Rules Governing Affirmative
Requirements in Employment. .
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' Either before or so`on after the actual executio� of tr�e Agreement {but in any
. event prior to ti�e start o� construction), the Co�tractor or his representatives
and rnajor sub-contractors shall attend, if requested by the Ag°ncy, a Pre-Construction
� Conference ;vith representatives of the Agency. The Conference, if deerr�ed necessary
by the Agency, �vlll serve to acquaint the participa�ts ���ith the g�n�raI plan of
contract adminis�Cration and requiremer��s under �vhich th� construction oPeration
is to proceed, and �vill inform the contractor, in det�il, of the obligations impose�
on him and his s�!b-contractors by the Executive Orders concerning Equal Em�loyment
Opportunity. -
The date, time ai�d place of th� Confere�ce wili be fur�is�ed to the Redeveloper
� by the Agency." i
� (�) Part II is hereby rriodified in all appropriate paragraphs �y substitutino the wards "race,
color, religion, sex or national origin", w;�erever the �z�ords "race, creed, color or national
origin", appear.
(e) Part II is h�reby modified in all appropriate paragraphs by su5stituting the �vords �
"Redevelopment Plan", �vhierever the words "Urban Renewal Plan", appear.
(f) Article I, S�ctions 101, IO2 and 103 are ��leted in their entirety.
(g) SEC. 704, Articl'e VII is hereay amended to read as fellows: �
"(a) The redevelo��er (or successor ir� interest} s!;all defauit in or violate its o3ligatioris with
�� respect to the construction of the Im;�rovements (inclu4in� the nature and the
�- dates for the beginning ar�d completion thzreof), or. s!iall abandon or substantially
suspend construction �vork, and any default, ��iolation, abandor�ment, or s:�spension
shall not be cured, ended, or remedied �vithin three (3) months after written dzmand
by the Agency so to do;�or"
SEC. 10. ADDITIONAL �ESPO�ISIBILITIES OF THE PARTIcS
(a) Agency issue af revenue bond, pursuant to Chapter 47� of Pv;innesota Statutes I978,
for the purpose of consfiructing the Improvements and the Redeveloper's obligations
with respect to such issues are the subject of a Preliminary agreement entered into by the
parties clated Apri! , 1979. T'he Agency agrees that the fez sch�dule for such rev�nue
bonds shall be the fee schedule as of Aprii 11, 1979. �
� (b) In consideration for the Agency's undertaking to install a sky�ray bridge over Robert
Street in accordance �+rith the provision of Section E, 2, of Schedule "C" hereof, the Redeveioper
agrees, in addition to its undertakings respecting installation of the bridge set forth in Schedule
C,to further consider in connection �vith the contemplated addi�ional improvements to Parcel ,
�. G-7, the exte�sion of the skyway through the Property and Parcel G-7 to interconnect with
Blocks C and 40.
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� (c) T�e develo�rnent o;E.t��is Propecty is part of a larger exp�nsio.� pl4n of the
�,�
� �edeveloper, �vhic'n includ°s expansion of the P edeveloper's existing building on Parcei
G-7. This expans�o� would e�xtend the present buildinb at its current neight and �vid�th to tE�e
north�rly property line of P�rcel G-7. The Agency here5y expresses its inter�tion to approve �
such an expansio�, provided,'it meets �vith applicable buildino coaes and subject to applicabie
provisions in the Contract f,er Sale of Land for Private Redevelo�rnent bet�veen the partizs
. dated April 14, 1565, respe�ting Parcel G-7.
(d) The Agency agre�s to favorably consider consent to the provisior�s of a proposed
Agreement between the R�developer, the State of l�iinnesota, and the City of Sairtt P�uI,
affecting Parcels G-8 and G-7 and the Property. �
(e) The Agency will cause the City to design and construct the Doivntown People 1�'fover
{DP���i) so that, if constructed, it will be essentially level (except for a .5 percent slope for
drainage) as it passes the Parcel G-7 Improvements on �ackson Street. In addition, the Adeney �vili use
its best efforts to cause ttie City to locate the guide;vay on t�e east side of Jackson Stree�.
t� If the guide�vay must be located on the west side of Jackson Street, its elevation �vill be essentially
level �vitt� the secand floor of the said Improvements.
(f) The Agency �vill make available to th� Rec!evelopzr, parking sufficient to meet its currently
�rojected needs. The ReafEVe;��er shall pay the cost of s�ch parking in the form of munth!y
lease rees. In the event a parl:ing ramp fdcility is co�structed to me�t t�►is ��arking r�eed,
the Redeveloper shall pay the reasona5le capital costs attributable to the portion of the ramp facility
to be leased or o�vned by the Redeveloper. The Redeveloper's currently projected needs are.
Present need: 80 stalls (20 visitor stalls which
need to be located in either Block C -
or Block 40 �vithin 250 feet of Parcels G-7 or G9,
and 60 stalls tivhich need to be Iocated within 6Q0 feet
of said Parcels); "
198,'2 need: 30 additional stalls within 600
; feet of Parcels G-7 or G9;
19$5 need: 25 additional stails within
; 600 feet of Parceis G-7 or G-9; and•
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19�0 need: 70 additional stalls within
600 f eet o# Parcels G-7 or G-9.
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� (1) For interim use, ttte Agency �vill make 80 sp:�ces avaifable in accordance �:ri�tz tEte above
�
� descri�°� statement of need on a short-term basis. The Redeveloper srrall be respo�sible
for p�rr:ing lease fees. By the tim� of substantial completion of the Improvements an Parcel
G-9, c�r�iiied by the Agency,,estimated to be the Fall of 1980, the parties shail have begcrr�
negotia�ions on an agreement'to meet the currently projected nezc(s on a long-term basis '
� in accordance with the schedule or such needs as stated in SEC. 10 (f} and sub-paragraph f2):
�3)� or (�). �
(2) The City of Saint P,�ul Parking Administrator, on behalf of t�e Agency, �vii� �o�ify
the Re�eveloper of privately'operated long-term parking available, or which may become
available, in accordance witli the currently projected needs staternent. The RedeveIoper agrees
to enter agreements �vith th� private operator or operators for provision of parkir.b. Parking
spaces in public parking facitities may be offered directly to the RedeveIoper's employees.
If located within thz defined areas, and if offered at prevailing rates and on Ion�, term, th�
spaces made available by these means shall reduce the rlgency's commitment for parking.
� (3) The Agency may qffer parking in property, including b•at not limited to Block C,
Block L or f3lock 40, in whi�h it has authority to impose development co�troIs or approve
development plans, in meeting its parking commitment. In the event the Agency so offers
parking, i�t agrees to ir��pos� controls or re�uire as a condition of plac� approval to require,
on condi tion of the kedeve�oper agreeir.g with tne ather property redeveioper to pay the capital
cos� of th� parking attributable to the parking facility construction undertaken either aba�►e
or belosv grade on behalf o� the Redeveloper, or agreeing to con5truct a facility as a co-redeveloper,
necessary to implement prbvision of parking. In the event of dispute between the Redevelop�rs
over cost allocation or parking location, the Agency shall act as me8iator to resol��e the fiispute by
ma'-cing a fair determination of reasonable cost allocation and parRing Iocatian.
(4) The Agency may offer property within the area of need or in Block L for purchase
by the Redeveloper for r�developm�nt of a ramp parking facility under customary redevelopment
contract provisions and r�quirements. '
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� $rC. 11. COUV1'ERPARTS.
t �.
This Abreement is executed in s�veral counterparts, each of ���hich sizalt constitute one
and th� same ins�rurnent.
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` I1 �:�I i n'ESS 11`HL•REOF, the Agency has caused the Agreemeilt to be duly execute�► and sealecf
in i�� r.�:m�:: and behalf by its proper officers, and th� Redevetoper has e'u!y executea tPie Agreement
on o: as of the day and year fi�st above �vritten.
In i'r.� Presence of: HOUSING AND REDEVELOPi�hEI�T flUTHORIT'
� ; OF THE CITY OF SAIN? PAUL, h1INI�ESOTA
; By
; Its
BY
� Its
(Seul) -
In t�?e Presence of: FARi�'f CREDIT BAI`KS OF ST. PALJL
FederaI IntermLdiate Credit Bank of St. Paul
B,� ��.���C c- �.:�1��.,�.�.�
; Its �'resident `
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Th° Fe�'er4I Land Gan[< of Sa�nt PauI
By
Its President
St. PauI Banl< f�r Cao ratives
BY _s � ;��
�ts P sident �.
7'he foregoing Agreement is hereby ap��oveci this day of , 1979,
by the City of Saint Paul, Minnesota �
; B}�
Its l�%►ayor
APP2OVED f1S TO FORN�:
( ; Director, Department of Finance
and Nlanagement Services
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I�, ���;��
STA?E OF MINNESOTA )
� ) ss �
COUNTY OF FAMSEY )
On this day of , 19 , before me appeared
and , to me personally known, �vho being each by me
duly s�vorn did say that they al;e each respectively the .
and the ' of the HOUSING Al�!D REDE1jELOP��EE'vT �1UTHORiTY
OF 1"HE CITY OF SAINT PAUL, MINNESOTA, the corporation n�med in the foregoing instrument, '
• and that the seal affixed to said instrument is the corporate sea! of said corporation and the
said instrument was signed an�d sealed in behalf of said corporation by authority of its Board
of Commissioners, and said � and � •
ackno�vledged said instrument as being the free act and deed of said corporation.
(Seal)
� STATE OF MINNESOTA ) �
�.. � $S .
COUNTY OF RAMSFY )
�n this day of , �979, before me personalIy appeared HO�'V�RI� G
RICHARDS, A. C. tJfOHR, and BURGEE O. f1P�IDAHL, to me persona�Iy known, �vho b�i�g
by me �uly s�vorn, did depose and say that tliey are respectively the Presiu�ents of the FEUERAL
INTERA�iEDIATE CFEDIT BANK OF ST. PAUL, THE FEDERAL LAND BAi\K OF SAINT i'AUL,
and the ST. PAUL BANK FOR COOPE�tATIVES, the corporations named in the f oregoing
instrument; that said instrument �vas signed on behalf of said corporations by authority of
the FARM CREDIT BOARI� OF ST. PAUL, and they acknowledgec! said instrument to be the
f ree act and deed of said cbrporations.
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SCHEDULE "A" .
DES'CRIPTION OF PROPERTY
All that certain parcel or parcels of land in the City oi Saint Paul, County ef Ramsey, State
of t�•linnesota, more particul�rly described as follows:
Lot 3, Block 1,;Capital Center No. 1, according to ti�e plat
thereof o;� file,�and of record in the officP of the Register of
Deeds within a�d for said County, together �vith easements �
� contained in Document No. 16995b8 as amended by Docume►�f
No. 1707770.
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` SCHEDULE " B " \
INSPRO��EMENTS SCHEDULE
Ii�9PROVEtviENTS TO BE h1ADE BY REDEVELOPER
AND T'Ii�4ING OF IMPROVE�'!ENTS
L I��IPROVE�1rIENTS T0 BE h��ADE BY REDEVELOPLR
The Fe�eveloper �vill buiid an office facility �vith a minimum of seven stories above gracte
with a potential to expand toj a total of ten stories above grade at a later c�ate. The RedeveIoper
�vill build the nerY facility so;that tne square footage of its first phase of development �viit
b� no less than 138,000 squar'e feet, with the capital cost of the first phasz development b�i�g
ap�roximately $8 Million. The office facility �vill include support structure for a s!;yway �ridgz,
togetner �vith stairs, elevator and concourse area at the first and second levels, �vhich shall
provide access to and from the skyway bridge for the general public. Pedestrian easem�nts
f or these spaces shall be granted by the Redeveloper to the City for this purpose.
� As part of the constructioz of the Improveme�ts, th� �edeveiop�r shall be responsible for fiiling
< all ��ault are�s under public sidev✓allcs abutting the Prop�rty ��rhich are uncovered by Redevelflper's
construction.
In the event the construction of the Improvements by tne Re�eveloper necessitates relocation
or replacement of any permanent existing utilities or traffic signals in any p�iblic right-of-way,
the Redeveloper s�ali be responsible for tt�e cost of such relocation or replacement and for
obta:ning all necessary permits.
II. TIi1rlING OF I�ViPROVEMENTS �
The improvements described herein sfiall be commenced within three (3) months from the date
of the Deed and shall be campleted �vithin twenty-four (24) months from the date of the Deed_
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SCHEDULE " C "
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HOUSING AND REDEI�'ELOPi�9ENT AUTHORITY
OF THE CITY OF SAINT FAUL, !�/:INVESOTP.
25 �C�. �O'JRTH STREET, CITY HALL AN�E>: _
$AINT PAUL, MIn�IESOTA 55102
REDE�'ELOPi�9ENT OBJECTIVES AND REQUIEZE%�'�Et�?TS
� PARCEL G-9
COM4VIUNITY DEVELOPMENT DISTRICT 17 -
The following redevelopment objectives and requirements are binding upon -the Redeveloper •
unless the Redevelop�r can adequately demonstrate to the HRA that any proposed d�viation
from the requirements will acl�ieve the objectives estabiish�d for Parcei G-9 and for District
17. Furth�r, the requirements contained herein do not, in any way, release #I�e Redeveloper
from satisfying the normal public requirements relating to buildino in th� City of Saint Paut_
A. GEI�ERAL OBJECTIVES
The ge;►e:al objective for Parcel G-9 is to achieve intensive office development, strengthening
and complementing existing affice and financial uses. Ge�eral commercial �_ises are permitted
� to�etner �vith retail uses. R�tail uses are limited to development at or belo�v the second leveI.
fl. USES AND ACTIVITIES ALLOWED
1) General commercial and retail uses consistent �,vith tf�e a-� District of the Zoning
Ordinance of the City of Saint Paul.
C. PAR.CEL COVERAGE
A maximum coverage of lOQ'O.6 is permi-tted.
D. FACILITIES AND SERVIICES TO BE PROVIDED IN PAKCEL G-9 BY THE DEVELOPER .
1) The Redevelooer` shall provide off-street loading facilities to properIy serve the
improvement to;Parcel G-9. � _
2) The Redevelope� shall provide facilities and adequate access to and from the sky�vay
bridge that shall be available for use by the general public, including the ha�dicapQed.
Such facilities shall be paid for and built by the Redeveloper a►�d shall inctude stairs,
an elevator, anc� concourse area with ingress and egress at the first level. Public
easements shall;be provided hy the Red�veloper so #hat these facili�ties �vill be available
for use by the g'eneral public.
3) The Redevelop�r shall pay for and provid� thz necessary support strueture to re�eive
• the skyway bric�ge. _ '
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. �) The Rede��e!oper ����ll be responsible for sharing of o�erating and maintenance costs,
including insurance'coverage fo: the s�<yway bridge to ti�e A�nerican ;�!ational F��ntc
�� Building and the pub!ic easement in the Parcel G-9 facility. Such costs shati b�
shared with the owners of the Americ�n Nation�l �ank E3�.�i18ing and will be detailed
in the Sky��ay Easeme�t A�reement, tivhich must be executed by the Rede��eto�er
and the American I1�iational E3ank prior to the start of construction of the s'-cy�=ray
bridge.
5) The Redeveloper stnall pay for and provic!e within the property improvements �tlt
mechanical, electrlcal, plumbing and roof drainage systems necess�ry to serve the
skyway brid�,e. These facilities shall be located in, and be consid�recl a part of the
. improvements on Parcel G-i. These improvements shall bz designed and constructed
at the same time a's the improvements on Parcel G-9. "fhe design shall be sui�ject to
the review and ap�iroval of the Agency.
6) The Red�veloper s�all be responsi�le for the cost anc! reconstruction or replacement
of any part of the city street surface �vhicil is rer�oved by the Redeveloper during
construction of th� Improvements.
E. FA_CILITIES TO BE PR01�'�DED BY THE CITY/f IRA IN PUBLIC RIGHTS-OF-IVAY
AUJACENT TO PARCEL G-9
1) The Agency shall provide a skyway bridge bet�reen ParceI G-9 an� tne American
I`ational Ban!< Bui�ding, similar in design and equipment to the standard s!�cy�;�ay
bridges previously�constructed in the City of Saint Paul. Any deviation in the design
and/or equipment'of such skyway bridge �vhic`� is recuested �y the Redeveloper and
agreed ta by the Agency shall be paid for by tn� Red�velope�.
� 2) The Agency shall pay for and construct in a timel�r ri�nner, side�vall<s, street tights,
curbs and gutters'adjacent to Parcel G9. If t'ne Redeveloper so desires, he may
elect to have the sidewalks installed by his contractor or sub-contrac�tor, �vho shal!
be reimbursed by the Agency at a cost not to excezd the City's side��►alk con�cact
square-foot price for the year when the sic+e�val!:s are install•�d. Any deviation in the
design, materials or amou�t of the side�valks, street lights, curbs and gutters, from
the City's presen� standards, which are requested by the F�edevelopzr anci agreed to
by the Abency, sF�all b� paid for F,y the Redeveleper.
F. LANDSCAPING AND/OT.� STREET FURNITU�tE
1) Any landscaping and/or street furniture provided on Parcel G-9 by the Redevelaper
shall be a�proved by the Agency.
2) Any landscaping �nd/or street furniture on the public right-of-way adjacent to
Parcel G-9 requ�sted by the Redeveloper and agreed to by the Agency shall be paid
for and maintainied by the Redeveloper.
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^ ND ROOFTOP ST�UCTURES �` ����"��
� G. SIGnS A
` 1. Signs '�
All signs visible from the street shall be subject to the approval of the Agency. Specific
requireme�►ts include:
a. l�o signs shall projiect over any pu�lic right-of-�vay or over setbac4s, nor more #han
12 inches be}�ond the face of the building to which they are attached.
b. Signs shall be limi+�ted to those directly related to establisnments on the parcel_
c. No rooftop signs �ill be p�rmitted.
d. All exterior graph�cs and/or graphics locations should b� shown in the Design
Development Drawings and treated as an integral element of the huilding cesign_
2. Rooftop Structures '
All rooftep struciures fior elevators, ventilators, air cenditio�ing and similar equi�rne�t sha�l
be screened to pro�tect street and adjacent or uQpzr floor areas from noise, odors, giare
and disorderly or unsightly appearance.
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