Loading...
272850 WHI7E - GTV CLERK COUIlCIl A ��'�� • S PINK - FINANCE ;I Ty OF SA I NT PALT L � � CANARV - DEPARTMEN . Flle NO. BLUE - MAVOR ��A�y� �'auncil Resolution Presented By Referred o Committee: Date Out of Committee By Date RESOLVED by th� Council of the City of Saint Paul that the Agreement between �'he City of Saint Paul, State of Minnesota, Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and FarmiCredit Banks relating to the development of Parcel G-9, Commun�ity Development District 17, and adjacent right- of-►way improvements in Robert Street, is hereby approved in the form submitted at this meeting for execution on behalf of the City by the Mayor and Director of Finance and Managements Services. COUNCILME[V Yeas Nays Requested by Department of: Butler � In Favor Department of Publ�c Works �a Hunt Levine _ � __ Against BY ' Maddox Showalter -A� 2 6 19� Tede Form Approved by City Attorney Adopted ouncil: Date � d Cert ed Pass y Council t�ry BY I� Approved v Dat f1 �� A rov by Mayor for Su iss �n.to Council t BY - BY iPt�6��St�Ea M AY 5 1979 �~��'�°�� .� .'i' � � � ' ';:µ7 t' . ^ .}�. , r'.. ���r.'r•�'��� ir,d ��� �'� , �� ' � � AGREEMENT `" ��+ AGREEPfEN�' made as of the day of April, 1979, by and , between the CTTY OF SAINT PAUL, MINNESOTA, a municipal corporation and � political subdivision of the State of Minnesota, hereinafter called "City", the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CTTY OF SAINT PAUL, MINNESOTA, a public body corporate and political organized and existing under the laws of the State of Minnesota and having its office in the City Hall Annex at 25 West Fourth Street, the STATE OF MINNE50TA, hereinafter called the "State", acting through its Conunissioner of Administration, and the following federally chartered corporations created and exis�ing under the laws of the United States of America and known and referred to as the FARM CREDIT BANKS OF ST. PAUL, to-wit: St. Paul Bank fox Cooperatives, Federal Intermediate Credit Bank of St. Paul, and The Federal Land Bank of Saint Paul, 375 Jackson Street, Saint Paul, Minnesota, hereinafter called the "Farm Credit Banks". W I T N E S S E T H: On April 26, 1967, the Housing and Redevelopment Authority of Saint Paul, hereinafter called "HRA", executed a Deed for Conveyance of Land for Redevelopment, hereinafter referred to as the "G-8 Deed", whereby it conveyed to the State certain real property known as Parcel G-8 in the Downtown Urban Renewal Area Project, Minn. I2-20, located in Saint Paul, Minnesota, more particularly described in Exhibit A annexed hereto and made a part hereof. The G-8 Deed has been filed in the office of the Registrar of Titles for Ramsey County and registered as . . . - Docwnent Number 510498 on rlay 26, 1967, and filed for record in the office of the Ramsey County Recorder on June l, 1967, and recorded as Document Number 1699568. The G-8 Deed is subject to the terms and - conditions of a Contract for Sale of Land for Redevelopment by a Public Body dated as of December 7, 1966, hereinafter called the "G-8 Contract," whereby the State �urchased Parcel G-8 from the HRA. On June 25, 1965 the HRA executed a Deed for Conveyance af Land for Redevelopment, hereinafter referred to as the "G-7 Deed," whereby it convey�d to The Federal Land Bank of Saint P�ul, Federal Intermediate Credit Bank of St. Paul and St. Paul Bank for Cooperatives (herein referred to as Farm Credit Banks) certain real property known as Parcel G-7 in the Downtown Urban Renewal Area Project, Minn. R-20, located in Saint Paul, Minnesota, more particularly described in Exhibit B annexed hereto and made a part hereof. The G-7 Deed has been filed in the office of the Registrar of Titles for Ramsey County and registered as Document Number 486819. The G-7 Deed is subject to the terms and conditions of a Contract for Sale of Land for Redevelopment dated as of April 14, 1975, hereinafter called the "G-7 Contract", whereby the Farm Credit Banks purchased Parcel G-7 from the HRA. The G-7 Contract has been filed in the office of the Ramsey County Registrar of Titles and registered as Document Number 486818. The �arm Credit Banks have undertaken discussions with the HRA regarding purchase from the HRA of Parcel G-9 in the Downtown Urban � Renewal Area Project, Minn. R-20, and expansion of their existing facility on Parcel G-7; Parcel G-9 is more particularly described in Exhibit C . 2. � , . .�I ` annexed hereto and made a part hereof. Parcel G-9 is adjacent to Parcel G-8 owned by the State and to Parcel G-7 owned by the Farm Credit Banks. The Farm Credit Banks have provided the HRA, the State, and _ the City with preliminary plans for their proposed facility on Parcel G-9, hereinafter called "preliminary plans." Modifications have been made in the plans for Parcel G-9 to resolve the State's objections to the original plans for the office facility, and the State has ap�ro�ed • r�. - the design of the proposed facility_as represented in the preliminary plans. The parties hereto have also discussed the Farm Credit Banks' �.�.-- . future expansion of their existing building on Parcel G-7 at the same width and the same height to the northerly property line of Parcel G-7, hereinafter called "G-7 ex�ansion." �..�.. �. The G-8 Contract between the State and HRA as incorporated into the G-8 Deed requires that the HRA incorporate certain setback restrictions in the Contract For Sale and Disposition of Parcel G-9. In addition, the G-8 Contract and the Exhibits attached thereto which are incorporated into the G-8 Deed establish certain maximum building coverages for all buildings within Block G. The parties hereto have discussed these setback and density restrictions and have agreed to execute this agreement- for the purpose of waiving and releasing the restrictions in the G-8 Contract and the G-8 Deed to eriable the Farm Credit Banks to construct the facility on Parcel G-9 described in the preliminary plans and to undertake the G-7 expansion. The State and City are. willing to waive these restrictions subject to the terms and conditions ofjthis agreement. . . . . 3 . Likewise, the G-7 Contract between the Farm Credit Banks and the HRA as incorporated into the G-7 Deed requires that the HItA incor- porate certain res�rictions in all contracts for sale and disposition of y all other property within Block G. The parties hereto have discussed these restrictions; and have agreed to execute this agreement for the purpose of waivin� and releasing the restrictions in the G-7 Contract and the G-7 Deed to enable the Farm Credit Banks to construct the facility on Parcel G-9 described in the preliminary plans and to under- ---�.-.. take the G-7 expansion. Construction of the Farm Credit $anks' proposed facility on Parcel G-9 requires removal of a portion of an underground support wall which is located on the southerly boundary line of Parcel G-8. The parties hereto have agreed to such removal, subject, to the terms and conditions conta;�ned herein. The parties hereto have agreed further on their respective rights and obligations in the event of cer„�,_tain damage, destruction,or '�.niurv as a result of construction by the Farm Credit Banks of its facility on Parcel G-9. In order to clarify their rights and obli- gations, the parties wish to reduce their agreement to writing as hereinafter se� forth.' IN CONSIDERATION OF THE MUTUAL COVENANTS hereinafter contained, the partips he�eto agree for themselves, their successors and assigns, as follows: • 1.0 SETBACK REQUIREr1ENTS. � . - 4. ' _�' 1 l.l Parcel G-9. 1.1.1 Article III, Section 6 of the G-8 Contract ("Acceptable Building Requirements"), is hereby amended by deleting the . last sentence of said section, which provided: "The Authority agrees to incorporate in the contract for sale and disposition of Parcel G-9 a requirement for building setback of at least ten (10) feet from the public walkway or . twenty (20) feet from the southerly property line of Parcel G-8, together with a setback requirement from the westerly line o£ the public alley in $lock G of at least forty (40) feet for the first three floors and eighty (80� feet for aIl other stories in a stepback building, or a setback of at least fifty (50) feet for a uniform coverage ,building." 1.1.2 The parties hereto hereby release Parcel G-9 from the above-described setback requirements and waive aIl right to require that such provision be incorporated into the Contract For Sale and Dis- position of Parcel G-9 or to otherwise enforce such setback requirement. 1.1.3 Section 8(b) of the G-7 Contract is hereby amended by deleting the last sentence of said section, which provided: "The Authori�y [HRA� agrees to incorporate in all contracts for ,sale and disposition of all other property within Block G, Downtown Urban Renewal Area Minn. R-2d, the terms and provi- sions of Paragraph D-3, of Exhibit 'B' ." ('Redevelopment � Objectives and Requirements, Parcel G-7, Block G'). 1.1.4 The parties hereto hereby release Par�el G-9 from the restricti;ons set forth in Paragraph D,2 and 3, of Exhibit "B'� to the 5. . � G-7 Contract and waive all right to require that such restrictions be incorporated into the Contract for Sale and Disposition of Parcel G-9 or to otherwise enfor�e such restrictions. ' 1.1:5 The parties agree that any setback requirements in the Redevelopment Plan for powntown Urban Renewal Area Project, Minn. R-20 shall not apg'ly to Parcel G-9. 1.1.6 The parties agree further that the G-7 Deed and the G-8 Deed shall no longer be subject to the terms described in Sub- sections 1.1.1 through 1.1.4 herein. � 1.1.7 Notwithstanding the foregoing, changes in the preliminary plan� for Parcel G-9 affecting the plaza area and open space between Parcels G-8 and G-9 must be submitted to the State for approval, which shall not be unreasonably withheld. 1.2 Parcel G-7. 1.2.1 The parties hereto hereby release Parcel G-7 from � the set-back requirements contained at Section 8(b) of the G-7 Cantract and Paragraph D, 3 of Exhibit "B" attached thereto to the extent necessary to permit the G-7 expansion, and agree further that the G-7 Deed shall no longer be subject to such requirements. 2.0 BUILDING COVERAGE RESTRICTIONS. 2.1 Parcel G-9. � 2.1.1 The parties hereto hereby release Parcel G-9 from the building coverage restrictions set forth in Article III, Section 6 of the G-8 Contract, and Paragraph C of Exhibit B atta�ched thereto and in Paragraph D of Exhibit B to the G,7 Contract, so as to permit 100°� building cove�age on Parcel G-9, exclusive of the public walkway and 6. . . _t,; , b�„id���nd drivewav easements, and waive all right to enforce such building coverage ,restrictions. 2.T.2 The parties agree further that the G-7 Deed and the G-8 Deed shall no longer be subject to the restrictions described in ' Subsection 2.1 abpve. 2.1.3 The parties agree further that Subsection 2.1.1 above shall control over any building coverage restrictions in the Redevelopment Plan For powntown Urban Renewal Area Project, Minn. R-20 applicable to Parcel G-9. 2:1.4 Notwithstanding the foregoing, changes in the preliminary plans for Parcel G-9 affecting the plaza area and open space between Parcels ;G-8 and G-9 must be submitted to the State for approval, which shall not ,be unreasonably withheld. 2.2 1'arceT G-7. 2.2.1 The parties hereto release Parcel G-7 from the building coverage restrictions contained in Paragraph C of Exhibit B to the G-8 Contract and Sec. 8 of the G-7 Contract and Paragraph D of Exhibit B attaehed thereto to the extent necessary to permit the G-7 exp�ansion and �gree further that the G-7 and G-8 Deeds shall no longer be subject to such res�rictions. 3.0 REl`10VAL OF UNDEI2GROUND SUPPORT WALL. 3.1 ' Subject to the terms and conditions contained herein, the parties agree to permit the Farm Credit Banks to remove the following described portion of the southerly underground support� wall of the State's facil�ty which runs along the boundary line between Parcel G-8 and the publi;c sidewalk and at the easterly end between Parcel G-8 and 7. . Parcel G-9: that portion which extends easterly beyond the easterly support wall of the State's facility, or such part of said wall, as mutually agreed up,on by the parties, hereinafter called "support wall." , 3.2 Th� Farm Credit Banks agree to remove the support wall at their sole expense with the minimum amount of inconvenience to the State and the HRA and to provide alternative means of support to replace the support wall. 3.3 The Farm Credit Banks agree further to defend, indemnify and hold the State, the HRA and the City harmless from claims� arising out of removal of the support wall and the substitution of an alternative means of support therefor. 4.0 DAMAGE OR INJIJRY CAUSED BY C4NSTRUCTION ON PARCEL G-9 4.1 The Farm Credit Banks agree to take,_ all steps reasonably necessary to preserve and protect the plaza area of Parcel G-8 and the public sidewalk between Parcels G-8 and G-9 hereinafter called "plaza area," and the �epr���d �ublic aLlev adiacent to Parcels G-7, G-$, and . G-9, hereinafter called "public alleY" during the construction of the M Farm Credit Ban'ks' facility on Parcel G-9. 4.2 In case of any damage to or destruction of such plaza area or public alley caused by construction of the Farm Credit Banks' facility, the Farm Credit Banks shall promptly commence and complete the restoration, repair or rebuilding of the plaza area or public alle�r as ,� nearly as possible to the value, condition, and character immediately prior to such damage or destruction; provided, however', that such repair may be delayzc� until it is deemed reasonable to require such repairs. 8. � , i-; � 4.3 The Farm Credit Banks agree further to defend, indemnify and hold the State, the City and the HRA harmless from claims, including claims for personal injury, arising out of the damage to or destruction of the plaza area or public alley. � . ' S.0 ACCESS TO STATE FACILITY QN PARCEL G-8. The Farm Credit Banks agree to take all steps reasonably neces.sary to provide adequate access from the plaza area to the State's facility on Parc�l G-8 during construction on Parcel G-9. 6.0 PASSENGER DROP-OFF. � 6.1 At the request of the State and the Farm Credit Banks, the City will design and construct a lane on the easterly s de of Robert Street for vehicle passenger drop-off purposes. 6.2 T'he Farm Credit Banks agree to pay the City any reason- able costs incurred as a result of construction under Subsection �6.1 which are in excess of the costs the City would have otherwise incurred in completing the sidewalk, curb and gutter on Robert Street pursuant to its Contract with the Farm Credit Banks for the Purchase of Parcel G-9. Payment shall be made within fifteen (15) days of receipt of each billing statement submitted by the City. Notwithstanding the foregoing, the State shall pay any cost associated with the relocation or modification of the sewer system necessitated by construction of the above-described vehicle passenger drop-off. 7.0 SALE OF PARCEL G-9. Release of set-back requirements and building coverage restrictions applicable to Parcel G-9 as provided herein is contingent , . 9. upon the closing of the purchase of Parcel G-9 from the HRA by the Farm Credit Banks. IN WTTDTE'SS WI-IEREOF, the parties have executed this Agreement effective the day 'and year first above written. In the Presence of: CITY OF SAINT PAUL By Its Mayor By Its Director, Department of Finance, and Management Services HOUSING AND REDEVELOPTiENT AUTHORITY In the Presence of: OF THE CITY OF. SAINT PAUL, rIINNESQTA By Its Ry Its In the Presence of: STATE OF MINNESOTA � By James H. Hiniker, Jr. , Commissioner of Administration . , . 10. -�, . g��j�a,��� , In the Presence of: FARM CREDIT BANKS OF ST. PAUL Federal Intermediate Credit Bank of St. Paul By Its President The Federal Land Bank of Saint Paul By Its President St. Paul Bank For Cooperatives By Its President APPROVED AS TO FaRM APPROVED AS TO FORrI AND EXECUTION WARREN SPANNAUS, ATTORNEY GENERAL By ASSISTANT CITY ATTORNEY Assistant Attorney General STATE OF MINNESOTA ) . SS. COUNTY QF RAMSEY ) The foregoing instrument was acknowledged be€ore me this day of , 1979, by GEORGE LATIrIER, Mayor of the City of Saint Paul, a municipal corporation of the State of Minnesota, an behalf of said CITY OF SAINT PAUL. STATE OF MINNESOTA ) . SS. COUNTY OF RArISEY ) � The 'foregoing instrument was acknowledged before me this day of , 1979, by BERNARD J. CARLSON, Director of the De- partment of Finance and Management Services of the City of Saint Paul, a municipal corporation of the State of Minnesota, on behalf of said CTTY OF SATNT PAUL. 11. . . ' ; �''��:'��� STATE OF MINNESOTA ) SS. COUNTY OF RArISEY ) On this day of , 1979, before me appeared and� to me personally known, who, heing by me duly sworn, did say that they are each respectively the and of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation and that the instrument was signed and sealed on behalf of sa•id corporation by authority of its board of commissioners and said and acknowledged said instrument as being the free act and deed of said corporation. , - - STATE OF MINNESOTA ) � SS. COUNTY OF RAPISEY ) On this day of , 1979, before me personally appeared JAMES H. HINIKER, JR. , the Commissioner of the Department of Ad- ministration, State of Minnesota, to me known to be one of the persons who executed the foregoing instrument on behalf of the STATE OF MINNESOTA, and acknowledged that he executed the same as the free°act and deed o.f said STATE OF rIINNESOTA pursuant to the statutes, including Chapter 532, Laws of Minnesota, 1965, in such case made and provided. STATE OF PiINNESOTA ) . 55. COi1NTY OF RAI•iSEY ) On this day of , 1979, before me personally appeared HOWARD C. RICHARDS, A. C. MOHR, and BURGEE 0. AMDAHL, to me per- sonally known, who, being by me duly sworn, did depose and say that they are respectively the Pres'idents of the FEDERAL INTERMEDIATE CREDIT BANK OF ST. PAUL, THE FEbERAL LAND BANK OF SAINT PAUL, and the ST. PAUL BANK FOR COOPERATIVES, the corporations named in the foregoing instrument; and that said instrument was signed on behalf of said corporations by authority of the Farm Credit Board of St. Paul, and they acknowledged said instrument to be the free aict and deed of said corporations. This instrument was drafted by: Doherty, Rumble� & Butler 1500 First National Bank Building Saint Paul, Plinnesota 55101 , . 12. . � • -BrB l�w� 6�€9 , . ,�� ..�� x���;°� _ OM O1: 22/1`�1� . _ A,va/�rrt��✓:��'c� � y'x« _ .>.� ri _ ,�; � , y Rev 9/8/?6 .: -- -.� � . : w �YY• '� i� > .. .^ � v.,x w�tssc��`=`p",k„"'�"�° . � '�e4 - . . .. ' _." ..:+,i,.K+s.l;..�a.i.w-R � .. - w` a`.a�'ii..�+✓=u'- y,,{+?"�^r.;yC!�Y.`e�s. �.. . , „� � ...ri.._ . . . . . ..., ._ . � :�EXPLAN TION OF ADMINISTRATIVE ORDE �,�,� „� y��'� y � • . SOLUTIONS, AND ORDINANCES ' �"� �� � APR 2 5 1979 � �. "a�r°'-� °,� � Date: April 23, 1979 - �� � ��5� � ������ � TO: MAYOR GEORGE TIMER. , _,: , � FR: Donald Nygaard . - �; Contract For Ro ert Street Improvement . �Q �- � ' � . Between 5th and 6th Str�ets :. � . - . , ACTION REQUESTED: Submission to ity Council for approval and execution on behalf of the City. � . � <, PURISOSE AND RATION E FOR THIS ACTION: � The developme t by the Farm Credit Banks .in Parcel G-9 , Community Develop�e�nt D strict 17, necessitates an Agreement between the City, � State, HRA an Farm Credit Banks, wherein the City agrees at the - Banks expense to construct a passenger drop-off in Robert Street (paragraph 6. ) . . ATTACHM£NTS: Resolution Agreement i �