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
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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
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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
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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
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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
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the design of the proposed facility_as represented in the preliminary
plans. The parties hereto have also discussed the Farm Credit Banks'
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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."
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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.
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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-
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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. �
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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
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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
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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
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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
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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
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G-9, hereinafter called "public alleY" during the construction of the
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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
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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.
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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.
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' 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
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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
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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.
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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 , .
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� :�EXPLAN TION OF ADMINISTRATIVE ORDE �,�,� „� y��'� y �
• . SOLUTIONS, AND ORDINANCES ' �"� ��
� APR 2 5 1979
� �. "a�r°'-� °,� �
Date: April 23, 1979 - ��
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TO: MAYOR GEORGE TIMER.
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FR: Donald Nygaard . -
�; Contract For Ro ert Street Improvement . �Q �- � '
� . Between 5th and 6th Str�ets :. �
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ACTION REQUESTED:
Submission to ity Council for approval and execution on behalf
of the City. � . �
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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
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