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01-1237���GIn��L Presented By Council File # p\ �+ \.1.�5��: Green sheet # \\3 el S�l Referred to Committee: Date 1 WHEREAS, there has been broad constituency for the redevelopment of the "Firststar Site" as a 2 key linkage between downtown visitation attraction and the retail and commercial corridors, and; 3 WHEREAS, in 1999, the City and the Saint Paul Riverfront Corporation began a collaborative 4 effort to redevelop the site, and; 5 WHEREAS, the Saint Paul Riverfront Corporation has acquired the Site, demolished existin� 6 structures, led a public redesi,gn process and began the process of raising the estimated $4.2 7 million necessary for acquisition and development of the Site, and; 8 WHEREAS, the next step for the City and the Saint Paul Riverfront Coxporation is to determine 9 how best to transfer the Site to the City as public space and gathering place, and; 10 WHEREAS, the Saint Paul Riverfront Corparation, and City staff from Parks and Recreation, 11 Pubiic Works and the City Attomey's office have developed a non-binding Memorandum of 12 Understanding or "MOU" which outlines the general terms of the transfer and will be used as the 13 basis for the binding legal agreements to follow, and; 14 NOW THEREFORE LET IT BE RESOLVED, the appropriate City staff are directed to enter 15 into the attached Memorandum of Understanding ("MOU") with the Saint Paul Riverfront 16 Corporation and are directed to begin the process of developin� the legal binding agreements that 17 will result in the transfer of the Site to the City of Saint Paul. , Adoption Certified by Council Secretary B y !� ,���� Approved by Mayor: Date: �a �/ By: By: �Y...rs�W/. / Approve� y Mayor , o? Submission to Counci] /� �. Adopted by Council: Date ���p � � �� � l� Form Approved by i A or1[ey � DEPA':TMENTlOFFICGCuUNUL DATE INITIATED Parks and Recreation 11/13/01 GREEN SHEET NO. 113259 o l �t A'3r( COMACTPERSONANDPHONE MRIAVDATE INITIAVDATE � Vic Wittgenstein 266-6409 IGN 1 DEPARTMEMOIRECTOR ' S CINCOUNqL UMBFR FO OUiING 3 CRYATTORNEY� �,' �N � � CffYCLERK MUSTBEONCOUNCILAGENDABY(DATE) � RDER ❑ FINANCIALSERV/ACCTG Z PINANCIALSERVICESDIR. 11/21 Discussion item 4 pqpYOR(ORASSISTANn � 6 PARKS - 300 CHA TOTALMOFSIGNATUREPAGES CLIPALLLOGATIONSFORSIGNATURE) ACTION REQUESTED: Approval of the attached Resolution directing City staff to enter into a Memorandum of Understanding with the Saint Paul Riverfront Corporation under which the "Firststar Site" would be developed into a premier park by the Riverfront Corporation and dedicated to the City for park purposes. ftECAMMEN�ATIONS Approve(A)orRejeM(R) PERSONALSERVICECONTRACTSMUSTANSYJERTHEFOLLOWINGQUESTIONS: PIANNING COMMI$$ION � — 1. HasthispersoNfrmeverwoBeduntleracont2dforthisCepariment? CIBCOMMITTEE yES NO CIVILSERVICECOMMISSION 2. Hasihisperso�imeverbeenaatyemployee? YES NO 3. Ooes Ihis personffrtn possess a skill not norrtally possessed by any current city employee'+ YES NO 4 is this personffrm a targeted vendo(� YES NO Ezplain all yes answers on separste sheet and attach to green sheek INITIATING PROBLEM, I$$UE, OPPORTUNI7V (Who, Wha�, When, Whe�e, Why) The "Firststar Site" is identifiied as a key development opportunity in the Saint Paul on the Mississiqqi Develoqment Framework. The Riverfront Corporation has acquired the site and desires to develop it into a premier public space and dedicate it to the City. ADVANTAGESIFAPPROVED� A key site will be redeveloped to enhance downtown vitality. — � � y � ��a��e� RECEIi/ED DISADVANTAGES IF APPROVED None �����Zii�` Vltdtl9l�RIVGi DISAOVANTAGES IF NOTAPPROVED Lost opportunity to a premier public space that will increase vitalityin flie dow�town Riverfront. TOTALAMOUNTOFTRANSACTION� TBA COST/REVENUEBUDGEfED(CIRCLEONE) YES NO FUN�INGSOURCE TBA ACTIVINNUMBER FINANCIALINPORMATION: (EXPLAIN) City streets and sidewalks surrounding the site will be improved. The funding for these improvements is already programmed. More details will be available when definitive legal documents are prepared which will come before the City Council. o�-��a'1 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF SAINT PAUL AND THE SAINT PAUL RIVERFRONT CORPORATION This Memorandum ofUnderstanding ("MOU") dated as of , 2001, is made by and between the CITY OF SAINT PAUL, a Minnesota municipal corporation and public body corporate and politic ("City"), and THE SAINT PAUL RIVERFRONT COIiPORATION, a Minnesota nonprofit corparation ("Riverfront Corporation"). The City and the Riverfront Corporation will be referred to as "Parties," and each of them may be referred to as a"Party." ARTICLE 1 RECITALS AND STATEMENT OF INTENT 1.1 The City and the Riverfront Corporation are, along with others, working together to implement a development framework for downtown Saint Paul and its riverfront referred to as the Saint Paul on the Mississippi Development Framework ("Frarnetivork'), which the City adopted as a guide far public and private development activity in Coimcil File 98-440. The City and the Riverfront Corporation have a record of success of workin� on Framework related initiatives such as the renovation of Harriet Island Regional Park and the ongoing work of the Saint Paul on the Mississippi Design Center. 1.2 An important element of implementing the Frarrietivork which requires completion is redevelopment of the property located at 35 West 5`" Street commonly known as the "Firstar Site." The Firstaz Site is strategically located between significant downtown visitor attractions and the retail and commercial corridors. 1.3 In 1999, in collaboration with the City, the Riverfront Cotporation undertook a leadership role to redevelop the Firstar Site. As a result, the RiverFront Corporation has acquired title, demolished the existing stnichires, led a public desib process, and bewn the process of raising an estimated $4.2 million for acquisition and redevelopment of the Firstar Site. 1.4 The purpose of this Memorandum of Understanding is to set forth the means by which the City and the Riverfront Corporation will provide, as a legacy to future generations who will live in, work in, and visit Saint Paul, a premier public space and gathering place for the entire community. NOW, THEREFORE, the Parties have entered into this Memorandum of Understanding as follows: o �-ta'►? ARTICLE 2 NON-BINDING LEGAL EFFECT OF D'i0U This MOU represents each Party's good faith intention to proceed with the transaction contemplated by and as set forth in this MOU. This MOU will be used as the basis for the City and the Riverfront Corporation to enter into final and legally enforceable agreements ("Definitive Agreements"). Unless otherwise provided, however, this MOU does not constitute a legally binding or enforceable agreement. The Parties' rights and obligations are subject to the negotiation and execution of legally bindin� Definitive Agreements. ARTICLE 3 STATEMENT OF COMMON VISION Based on the principles of the Framework and its ten principles of city building, the City and the Riverfront Corporation share a Common Vision for the development, use, and maintenance of the Firstar Site and the immediately sunoundin� area. The Common Vision of the City and the Riverfront Corporation for the Firstar Site and surrotmding area is based on the Firstar Design Program dated Febniary 16, 2000. The Design Prograni is based on the premise that the Site will be a public place that is part of a greenway connection of the downtown to the Mississippi River and that its development must support and complement existing buildings, uses, and other open spaces within the downtown core. The Site should be a public place, open and accessible day and night. The Site should promote, balance, and integrate the followin� objectives: o Respect the character of downtown Saint Paul. o Create a destination. o Reinfarce the space as a crossroads. o Develop an inviting place to gather. o Strengthen connections to surrounding areas. o Create a green place. o Recognize the Landmark Center as a critical downtown focal point. o Reinforce and enhance street vitality. o Support surrounding facilities. o Create a year-roimd space. o Convey a sense of safety and security. o Enhance visual and physical accessibility. The draft renderin�s at exhibit 1 depict the current state of the design process which is intended to implement this Common Vision. �►-� a,a�j ARTICLE 4 PROJECT DEFINITIONS 4.1 Project. The "Project" contemplated by this MOU includes the land constituting the Firstar Site, Site Improvements which, together with the Site and any Retail or Commercial Facility and any Schulz Memorial, will constitute the Park, improvements to the Sidewalks, improvements to the Streets, and accommodation of the renovation of Hamm Plaza. 4.2 Site. The "Site" is the real property, exclusive of any improvements, as described at exhibit 2. 43 Site Imorovements. Improvements made to the Site to be paid for by the Riverfront Corporation are "Site Improvements." Any Retail or Commerciai Facility or a Schulz Memorial would not be Site Improvements. 4.4 Park. Site Improvements, the Site, any Retail or Commercial Facility, and any Schulz Memorial constitute the "Park." The Park excludes the Sidewalks, the Streets, and Hamm Plaza. 4.5 Sidewalks. The City is the owner of property in the public right of way which surrotmds the Park, including sidewalks that are adjacent to 5` 6` and St. Peter Street ("Park Sidewalks"), sidewalks that are adjacent to the Park and Market Street ("Market Street Sidewalk"), and the sidewalk that is adjacent to the Landmark Center building and Market Street ("Landmark Sidewalk") which will be referred to individually as set forth above or collectively as the "Sidewalks." 4.6 Streets. Market Street, 5` Street, and 6` Stxeet will all be individtiially referred to by their names or collectively as the "Streets." 4.7 Retail or Commercial Facilitv. A Retail or Commercial Facility may be developed at the south end of the Site. The land on which any Retail or Commercial Facility wotiild be located is part of the Site. Any Retail or Coinmerciai Facility would be part of the Park, but would not be a Site Improvement. 4.8 Schulz Memorial. A"Schulz Memorial" to Charles Schulz consisting of various sculptures from the "Peanuts" cartoon may be placed on the Site. The land on which a Schulz Memorial would be located is part of the Site. A Schulz Memorial would be part of the Park, but would not be a Site Improvement. 49 Hamm Plaza. The Project will be constnicted to accommodate a renovated Hamm Plaza, which the Parties consider to be part of a Phase II of the Project as will be outlined more specifically in the Definitive Agreements. o � _ �a.3�j ARTICLE 5 RIVERFRONT CORPORATION DEVELOPMENT AND CONVEYANCE OF PARK PROPERTY 51 Development and Funding of Park. The Riverfront Corporation will make the Site Improvements according to design specifications to be set forth in the Definitive Agreements, which will be subject to change based on the mutual agreement of the Parties. The total financial obligation of the Riverfront Corparation for acquisition and clean up of the Site and for desi�n, construction and other costs associated with the Site Improvements will not exceed $4.2 million. The Riverfront Corporation will pay for the Site and Site Improvements by implementing a fund raising plan which may include application for funds available from the City for which the Riverfront Corporation and the Project are eligible. 5.2 Value Eneineerine Contingenc� If the total estimated cost of the Site and Site Improvements exceeds $4.2 million at any time, the Parties agree to work to�ether in �ood faith to value engineer the Site Improvements or otherwise reduce the total cost of the Site and Site Improvements to $4.2 million. 53 Conveyance of Park to Cit� Upon completion of the Site Improvements, the Riverfront Corporation will convey and dedicate the Park to the City in trust for the benefit of the public for park purposes as part of the City's park system subject to permitted encumbrances, including specifically the dedication of easements, covenants, and restrictions (the "Dedication") more specifically described herein. The Dedication will be among the Definitive Agreements. ARTICLE 6 CITY IMPROVEMENT OF SIDEWALKS, STREETS, AND AAMM PLAZA 6.1 Sidewalks. The City will make improvements to the Sidewalks according to the design specifications to be set forth in the Definitive Agreements, which will be subject to change based on the muhial agreement of the Parties. The Sidewalks will be improved to coincide with the Site Improvements according to the schedule provided in Section 93. 6.2 Streets. The City will make improvements to the Streets accordin� to the design specifications to be set forth in the Definitive Agreements, which will be subject to change based on the mutual agreement of the Parties. The Streets will be improved to coincide with the Site Impro�rements according to the schedule provided in Section 93. 63 Hamm Plaza. The Parties agree that a renovation of Hamm Plaza is a desired Phase II of the Project, but that stiich renovation will not necessarily occur within the same time frame as the development of the Park and Sidewalk and Street improvements. The Parties will work together so that Park development and the u o � , ta.a�! improvements to the Streets and Sidewalks will be consistent �vith likely renovation plans for Hamm Plaza as part of a Phase II for the Project. ARTICLE 7 RETAIL OR COMMERCIAL FACILITY The City may develop a Retail or Commercial Facility on approximately 5,000 square feet of the south end of the Site or Park as depicted at exhibit 1. A Retail or Commercia� Facility includes a restaurant, a shop, art store, or cultural facility open to and accessible by the general public which is consistent with the principles of the Framework, the Statement of Common Vision, and design guidelines to be set forth in the Definitive A�eements. The use of any part of the Site for a Retail or Commercial Facility, its design, and any lease to a third party would be subject to the approval of the Riverfront Corporation. Any use of the Site for a Retail or Commercial Facility and any lease would also be subject to the Dedication. ARTICLE 8 THE SCHULZ MEMORIAL A Schulz Memorial may be placed on the Site as part of the Park. Design, fimdin�, and other issues will be addressed in the Definitive Agreements. ARTICLE 9 PROJECT MANAGEMENT, DESIGN, CONSTRUCTION ANA SCHEDULE 9.1 Project ManaQement. The Parties will jointly select and maintain a Project Manager who will be an employee of the City. The Project Manager will be responsible for all aspects of the Project includin� project design, contracting, construction management, budgeting, and financial management. The Project Mana�er will report to and be accountable to the Riverfront Corparation for the Site Improvements and will report to and be accountable to the City for all remaining aspects of the Proj ect. The cost of the Project Manager will be born by each Party based on the anticipated constniction costs for the portion of the Project for which each Party is responsible that will be incurred during any year. The Riverfront Corporation will reimburse the City for Project Mana�ement costs. 9.2 Project Desi�n. The Parties recognize the importance of coordinated Project design and one design office for the entire Project. Therefore, the Parties will contract with the same desi�n firm so that this firm is responsible for the design of all aspects of the Project. 93 Proiect Schedule. The anticipated construction schedule for the Project is set forth at exhibit 1, which schedule will be fiu defined and subject to change based on the mutual agreement of the Parties in the Definitive Agreements. However, the o� _1a3R Parties agree that the improvements contemplated to Market Street and the Sidewalks are particularly integral to the Site Improvements so that improvements to Market Street and the Sidewalks must occur at the same time as the Site Improvements. ARTICLE 10 THE DEDICATION 10.1 General. The conveyance by the Riverfront Corporation to the City of the Park will be subject to a Dedication of Easements, Conditions and Restrictions ("Dedication") that will govem the City's obligations as trustee for the Park. The intent of the Dedication is for the Park and other aspects of the Project to be held and maintained in perpetuity as a premier public space and gathering place as part of the park system of the City in a manner consistent with the Common Vision. The remainder of this Article sets forth items that will be addressed in detail in the Dedication. 10.2 Name of the Park. In consultation with the City, the Riverfront Corporation will name the Park in its sole discretion. 103 Maintenance of the Park. The Park will be maintained according to a maintenance manual that the Parties will develop. 10.4 Park Imnrovements and Desien Chan�es. Any improvements or design changes to the Park up to and including December 31, 2007 must be approved by the Riverfront Corporation in its sole discretion. Thereafrer, any improvements to the Park or related design changes must be consistent with the statement of Common Vision. 10.5 Use of the Park. The use of the Park will be unrestricted and available to the general public subject to the reasonable health, safety and welfare regulations of the City and subject to programs and other festivals which may include a limited number of private events. 10.6 Festivals and Pro¢ramminQ. The Park is to be a commtmity-gathering place and the City will offer the Park for festivals and will coordinate programs for use of the Park. 10.7 Retail or Commercial Facilitv. The design, use, and maintenance of any Retail or Commercial Facility and any lease of a Retail or Commercial Facility will be subject to the Dedication. 10.8 Schulz Memorial. The design, use, and maintenance of a Schulz Memorial will be subject to the Dedication. 10.9 The Streets and Sidewalks. The Streets and Sidewalks will be maintained according to a maintenance manual that the Parties will develop. 10.10 Maintenance and Improvement Fund. All net revenues the City receives from the operation of the Park including from any Retail or Commercial Facility must be .0 o� -1a3� dedicated to pay for the maintenance of the Park, repair and replacement of Site Improvements, and new improvements that are allo�ved by the Dedication and consistent with the Common Vision. The City's obligations under the Definitive Agreements are not contin�ent upon the existence of any net revenues from the Park. 10.11 Process for Chan�ind Dedication. The Dedication may be chan�ed as allowed by law. 10.12 Remedy for Violations of the Dedication: Successar OrQanizaYion. The Parties agree that there is no adequate remedy at law for violations of the terms of the Dedication and that specific performance is the appropriate remedy for enforcement of the Dedication. The Riverfront Corporation's rights under the Dedication would imtre to any successors or assigns of the Riverfront Coxporation or to another or�anization that carries out the essential functions of the Riverfront Corporation. As part of the Dedication, The Riverfront Corporation may designate a successor organization to which its ri�hts Lmder the Dedication would be assi�ned. ARTICLE 11 OTHER FRAMEWORK INITIATIVES The City and Riverfront Corporation desire to use this Project as a way to define and begin to implement other Framework related projects. As part of the process of working on the Definitive Agreements, the Parties will work together in an attempt to determine whether one or more Frnmework related projects can be identified as part of the Definitive Agreements. ARTICLE l2 DISPUTE RESOLUTION AND MISCELLANEOUS 12.1 Dispute Resohrtion. The Definitive Agreements will require mediation and binding arbitration dispute resolution mechanisms for all items covered by such Agreements except for items set forth in the Dedication. 12.2 Due Dili¢ence and Approval. Following execution of this MOU, each Party shall be provided access to the records and premises of the other, as is reasonable and necessary to conduct due diligence review of the transaction contemplated by this MOU. This MOU, the transactions contemplated thereby, and the Definitive Agreements are subject to the approval of the governing bodies of the Parties. 123 Definitive Aareements. The Definitive Agreements will contain such terms, conditions, representations and warranties as are reasonable under the circumstances based on the nahire of the transactions contemplated. 7 ot-1a.�� IN WITNESS, WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first written above. CITY OF SAINT PAi3L SAINT PAUL RIVERFRONT CORPORATION � Its � Its � Approved as to form: � /,./l✓�,,,,,,,, ((-lY- ( Assistant City Attorney 13031?IvlO o ►-�a^�'� "FIRSTAR SITE" MEMORANDUM OF UNDERSTANDING CITY OF SAINT PAUL AND SAINT PAUL RIVERFRONT CORPORATION Exhibit 2 Legal Description Parcel 1: All of Lot Four (4) except that part lying east of a line drawn from a point on the easterly line of said Lot Four (A), twenty-one and sixty-five hundredths (21.65) feet north�vesterly of the southeast corner of said Lot Four (4) to a point on the south line of said Lot Four (A), twenty and ninety-five hundredths (20.95) feet west of said southeast corner of said Lot Four (4) of Reanangement of Block Nine (9) of Rice & Irvine's Addition to St. Paul, according to the recorded plat of said Rearrangement on file in the office of the Register of Deeds in and for said County of Ramsey. (Torrens) Parcel2: Lots 1, 2 and 3, Rearrangement of Block 9, Rice & Irvine's Addition to St. Paul, except the part of said Lot 1 taken for opening Sixth Street, St. Paul, Minnesota. (Abstract) 1336800vt o�_��.3'� "FIRSTAR SITE" MEMORANDUM OF UNDERSTANDING CTTY OF SAINT PAUL AND SAINT PAUL RIVERFRONT CORPORATION Exhibit 1 , „ �A � _ RECONFIGURED HAMM PLAZAPARCEL � �A / 3 � {� ��H I ! �ll� E �� � � b _ �ps , t .ye �:� r of./:: ` �` ��:'�� + � �� 4 �' r �� ��� 1 � � '! � f .� T �1 ,, � 1 Xy � I � � �� � R4 �'�,�/�� �� � c c^ � ;�:�� �� �� � { � ?. a �� �'� !4 �a .5� ' } . . ' y, r1�K��e.y �. � , �are��: � f„ ,w • � g'=. � i�. �� .�.. ra �. � ... F� +. • #e.�sr us�. zr ����. ��_� ��m _.__ ; _ , ��-:. `;:� � il — ,, i --�_,;.- ., .- . .� LAWN: STREAM BED: PERENNIALPLANTINGS PATMNAYS '�tABlESANDCHAIRS � LawN: aicNicniNc BOCCE SPECTATORS �� Features: Lawn - Ephemeral Stream Bed - Event Plaza - Market Stre Under Consideration: Restaurant - Hamm Plaza - Schulz Memorial - Final Name Project Cost: • Acquisition, Clean-up, and Predevelopment: $2,000,000 • Construction: $1,700,000 • Design, Engineering, and Project Management: �500.000 • Total: $4,200,000 Fundraising: • Leadership: Pat Donovan, John Murphy, and David Lilly • Current Contributions/Pledges: $2 million • Total Campaign: $42 million Schedule: • Preliminary Design: Complete • Schematic Design: August 2001 • Construction Documents: • Bidding and Award: • Substantial Construction: March 2002 April 2002 May - November 2( Firstar Plaza • Planting. Spnng 2003 18 July 2001 . �t-l�3� Interdepartmental Memorandum CITY OF SAINT PAUL November 13, 2001 FROM: Vic Wittgenstein � � TO: Dan Bostrom, Council President Jay Benanav, Councilmember Jerry Blakey, Councilmember Chris Coleman, Councilmember Pat Harris, Counci ember Kathy Lantry, Cou cilmember Jim Reiter, Counci member RE: Firststaz Site Park Project: Status and Summary of Proposed Memorandum of Understanding Background and Current Status There has been a broad constituency for the redevelpment of the "Firstar Site' for severa] years. It was identified as a key opportunity in 1997 as parf of the Saint Paul on the Mississippi Development Framework. Interest in the Site as a key linkage between downto�vn visitor attractions and the retail and commercial corridors intensified with the compleTion of the Xcel Arena and I,awson Commons. In 1999, the City and the Saint Paul Riverfront Corparation began a collaborative effort to redevelop the Site. As a result, the Saint Paul Riverfront Corporation has acquired the Site, demolished existing structures, led a public design process, and begun the process of raising the estimated $4.2 million necessary for acquisition and development of ttte Site. The public design process resulted in a general agreement on a"Tavern on the Green" concept, festival space, and tuming Market Street into a convertibte street. The project schedule calls for construction to begin and be substantially completed in 2002. The next step is for the City and the Riverfront Corporation to determine how best to transfer the Site to the City so that it can remain a premier public space and gathering place for the entire community for generations to come. Over the last several months, the Riverfront Corporation has warked with City staff from Parks, Public Works, and the City Attorney's Office to develop a non-binding Memorandum of Understanding or "MOU" which outlines the general terms of the transfer. The MOU will serve as the basis for binding legal agreements. � November 13, 2001 �� a 3 Memo - Firststar Site � � Page two Summary of MOU The following are the significant terms of the MOU: Site Acauisition, Park Development. and Conveyance to the Citv. The Riverfront Corporation will acquire, clean-up and develop the Site with agreed upon park improvements at a cost not to exceed $4.2 million. Upon completion of the agreed upon improvements, the Park will be conveyed and dedicated to the City for park purposes. Sidewalks and Streets. The City will improve the streets and sidewalks adjacent to the Park according to agreed upon design specifications. Name of the Park. The Riverfront Corporation will provide a name for the Park in consultation with the City. 4. Retail and Commercial Use/Schulz Memorial. The City could develop the south end of the Site into a restaurant, shops, or similar use compatible with a park. The • design of any building and a lease with a third party is subj ect to the approval of the Riverfront Corparation. It is also possible that there will be a Schulz memorial on the Site with "Peanuts" characters which would be funded separately from the $4.2 million responsibility of the Riverfront Corporation. 5. Project Maintenance and Maintenance and Improvement Fund. The City would maintain the Park and surrounding streets and sidewalks accordin� to a maintenance manual that will be developed as part of the binding agreements. All net revenues the City receives from the Park, including any restaurant or shop, would be used to help maintain the Park. 6. Per�etual use as City Park. The legal structure of the conveyance to the City of the Site is intended to ensure its perpetual use as a City Park. This is similar to the structure for Rice Park and Harriet Island. Changes can be made to the site over time if they are consistent with the "Common Vision" set forth in the MOU. If more sigiificant changes are to be made, the City as "trustee" of the Park would be required to obtain the permission of the Ramsey County District court. Hamm Plaza and Future Projects. It is contemplated that the renovation of Hamm Plaza will be the next phase of the project but no details have been established on timing, design of funding. In addition, the City and the Riverfront Corporation will seek to identify other Framework related initiatives in the binding legal agreements that will follow the MOU. ���GIn��L Presented By Council File # p\ �+ \.1.�5��: Green sheet # \\3 el S�l Referred to Committee: Date 1 WHEREAS, there has been broad constituency for the redevelopment of the "Firststar Site" as a 2 key linkage between downtown visitation attraction and the retail and commercial corridors, and; 3 WHEREAS, in 1999, the City and the Saint Paul Riverfront Corporation began a collaborative 4 effort to redevelop the site, and; 5 WHEREAS, the Saint Paul Riverfront Corporation has acquired the Site, demolished existin� 6 structures, led a public redesi,gn process and began the process of raising the estimated $4.2 7 million necessary for acquisition and development of the Site, and; 8 WHEREAS, the next step for the City and the Saint Paul Riverfront Coxporation is to determine 9 how best to transfer the Site to the City as public space and gathering place, and; 10 WHEREAS, the Saint Paul Riverfront Corparation, and City staff from Parks and Recreation, 11 Pubiic Works and the City Attomey's office have developed a non-binding Memorandum of 12 Understanding or "MOU" which outlines the general terms of the transfer and will be used as the 13 basis for the binding legal agreements to follow, and; 14 NOW THEREFORE LET IT BE RESOLVED, the appropriate City staff are directed to enter 15 into the attached Memorandum of Understanding ("MOU") with the Saint Paul Riverfront 16 Corporation and are directed to begin the process of developin� the legal binding agreements that 17 will result in the transfer of the Site to the City of Saint Paul. , Adoption Certified by Council Secretary B y !� ,���� Approved by Mayor: Date: �a �/ By: By: �Y...rs�W/. / Approve� y Mayor , o? Submission to Counci] /� �. Adopted by Council: Date ���p � � �� � l� Form Approved by i A or1[ey � DEPA':TMENTlOFFICGCuUNUL DATE INITIATED Parks and Recreation 11/13/01 GREEN SHEET NO. 113259 o l �t A'3r( COMACTPERSONANDPHONE MRIAVDATE INITIAVDATE � Vic Wittgenstein 266-6409 IGN 1 DEPARTMEMOIRECTOR ' S CINCOUNqL UMBFR FO OUiING 3 CRYATTORNEY� �,' �N � � CffYCLERK MUSTBEONCOUNCILAGENDABY(DATE) � RDER ❑ FINANCIALSERV/ACCTG Z PINANCIALSERVICESDIR. 11/21 Discussion item 4 pqpYOR(ORASSISTANn � 6 PARKS - 300 CHA TOTALMOFSIGNATUREPAGES CLIPALLLOGATIONSFORSIGNATURE) ACTION REQUESTED: Approval of the attached Resolution directing City staff to enter into a Memorandum of Understanding with the Saint Paul Riverfront Corporation under which the "Firststar Site" would be developed into a premier park by the Riverfront Corporation and dedicated to the City for park purposes. ftECAMMEN�ATIONS Approve(A)orRejeM(R) PERSONALSERVICECONTRACTSMUSTANSYJERTHEFOLLOWINGQUESTIONS: PIANNING COMMI$$ION � — 1. HasthispersoNfrmeverwoBeduntleracont2dforthisCepariment? CIBCOMMITTEE yES NO CIVILSERVICECOMMISSION 2. Hasihisperso�imeverbeenaatyemployee? YES NO 3. Ooes Ihis personffrtn possess a skill not norrtally possessed by any current city employee'+ YES NO 4 is this personffrm a targeted vendo(� YES NO Ezplain all yes answers on separste sheet and attach to green sheek INITIATING PROBLEM, I$$UE, OPPORTUNI7V (Who, Wha�, When, Whe�e, Why) The "Firststar Site" is identifiied as a key development opportunity in the Saint Paul on the Mississiqqi Develoqment Framework. The Riverfront Corporation has acquired the site and desires to develop it into a premier public space and dedicate it to the City. ADVANTAGESIFAPPROVED� A key site will be redeveloped to enhance downtown vitality. — � � y � ��a��e� RECEIi/ED DISADVANTAGES IF APPROVED None �����Zii�` Vltdtl9l�RIVGi DISAOVANTAGES IF NOTAPPROVED Lost opportunity to a premier public space that will increase vitalityin flie dow�town Riverfront. TOTALAMOUNTOFTRANSACTION� TBA COST/REVENUEBUDGEfED(CIRCLEONE) YES NO FUN�INGSOURCE TBA ACTIVINNUMBER FINANCIALINPORMATION: (EXPLAIN) City streets and sidewalks surrounding the site will be improved. The funding for these improvements is already programmed. More details will be available when definitive legal documents are prepared which will come before the City Council. o�-��a'1 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF SAINT PAUL AND THE SAINT PAUL RIVERFRONT CORPORATION This Memorandum ofUnderstanding ("MOU") dated as of , 2001, is made by and between the CITY OF SAINT PAUL, a Minnesota municipal corporation and public body corporate and politic ("City"), and THE SAINT PAUL RIVERFRONT COIiPORATION, a Minnesota nonprofit corparation ("Riverfront Corporation"). The City and the Riverfront Corporation will be referred to as "Parties," and each of them may be referred to as a"Party." ARTICLE 1 RECITALS AND STATEMENT OF INTENT 1.1 The City and the Riverfront Corporation are, along with others, working together to implement a development framework for downtown Saint Paul and its riverfront referred to as the Saint Paul on the Mississippi Development Framework ("Frarnetivork'), which the City adopted as a guide far public and private development activity in Coimcil File 98-440. The City and the Riverfront Corporation have a record of success of workin� on Framework related initiatives such as the renovation of Harriet Island Regional Park and the ongoing work of the Saint Paul on the Mississippi Design Center. 1.2 An important element of implementing the Frarrietivork which requires completion is redevelopment of the property located at 35 West 5`" Street commonly known as the "Firstar Site." The Firstaz Site is strategically located between significant downtown visitor attractions and the retail and commercial corridors. 1.3 In 1999, in collaboration with the City, the Riverfront Cotporation undertook a leadership role to redevelop the Firstar Site. As a result, the RiverFront Corporation has acquired title, demolished the existing stnichires, led a public desib process, and bewn the process of raising an estimated $4.2 million for acquisition and redevelopment of the Firstar Site. 1.4 The purpose of this Memorandum of Understanding is to set forth the means by which the City and the Riverfront Corporation will provide, as a legacy to future generations who will live in, work in, and visit Saint Paul, a premier public space and gathering place for the entire community. NOW, THEREFORE, the Parties have entered into this Memorandum of Understanding as follows: o �-ta'►? ARTICLE 2 NON-BINDING LEGAL EFFECT OF D'i0U This MOU represents each Party's good faith intention to proceed with the transaction contemplated by and as set forth in this MOU. This MOU will be used as the basis for the City and the Riverfront Corporation to enter into final and legally enforceable agreements ("Definitive Agreements"). Unless otherwise provided, however, this MOU does not constitute a legally binding or enforceable agreement. The Parties' rights and obligations are subject to the negotiation and execution of legally bindin� Definitive Agreements. ARTICLE 3 STATEMENT OF COMMON VISION Based on the principles of the Framework and its ten principles of city building, the City and the Riverfront Corporation share a Common Vision for the development, use, and maintenance of the Firstar Site and the immediately sunoundin� area. The Common Vision of the City and the Riverfront Corporation for the Firstar Site and surrotmding area is based on the Firstar Design Program dated Febniary 16, 2000. The Design Prograni is based on the premise that the Site will be a public place that is part of a greenway connection of the downtown to the Mississippi River and that its development must support and complement existing buildings, uses, and other open spaces within the downtown core. The Site should be a public place, open and accessible day and night. The Site should promote, balance, and integrate the followin� objectives: o Respect the character of downtown Saint Paul. o Create a destination. o Reinfarce the space as a crossroads. o Develop an inviting place to gather. o Strengthen connections to surrounding areas. o Create a green place. o Recognize the Landmark Center as a critical downtown focal point. o Reinforce and enhance street vitality. o Support surrounding facilities. o Create a year-roimd space. o Convey a sense of safety and security. o Enhance visual and physical accessibility. The draft renderin�s at exhibit 1 depict the current state of the design process which is intended to implement this Common Vision. �►-� a,a�j ARTICLE 4 PROJECT DEFINITIONS 4.1 Project. The "Project" contemplated by this MOU includes the land constituting the Firstar Site, Site Improvements which, together with the Site and any Retail or Commercial Facility and any Schulz Memorial, will constitute the Park, improvements to the Sidewalks, improvements to the Streets, and accommodation of the renovation of Hamm Plaza. 4.2 Site. The "Site" is the real property, exclusive of any improvements, as described at exhibit 2. 43 Site Imorovements. Improvements made to the Site to be paid for by the Riverfront Corporation are "Site Improvements." Any Retail or Commerciai Facility or a Schulz Memorial would not be Site Improvements. 4.4 Park. Site Improvements, the Site, any Retail or Commercial Facility, and any Schulz Memorial constitute the "Park." The Park excludes the Sidewalks, the Streets, and Hamm Plaza. 4.5 Sidewalks. The City is the owner of property in the public right of way which surrotmds the Park, including sidewalks that are adjacent to 5` 6` and St. Peter Street ("Park Sidewalks"), sidewalks that are adjacent to the Park and Market Street ("Market Street Sidewalk"), and the sidewalk that is adjacent to the Landmark Center building and Market Street ("Landmark Sidewalk") which will be referred to individually as set forth above or collectively as the "Sidewalks." 4.6 Streets. Market Street, 5` Street, and 6` Stxeet will all be individtiially referred to by their names or collectively as the "Streets." 4.7 Retail or Commercial Facilitv. A Retail or Commercial Facility may be developed at the south end of the Site. The land on which any Retail or Commercial Facility wotiild be located is part of the Site. Any Retail or Coinmerciai Facility would be part of the Park, but would not be a Site Improvement. 4.8 Schulz Memorial. A"Schulz Memorial" to Charles Schulz consisting of various sculptures from the "Peanuts" cartoon may be placed on the Site. The land on which a Schulz Memorial would be located is part of the Site. A Schulz Memorial would be part of the Park, but would not be a Site Improvement. 49 Hamm Plaza. The Project will be constnicted to accommodate a renovated Hamm Plaza, which the Parties consider to be part of a Phase II of the Project as will be outlined more specifically in the Definitive Agreements. o � _ �a.3�j ARTICLE 5 RIVERFRONT CORPORATION DEVELOPMENT AND CONVEYANCE OF PARK PROPERTY 51 Development and Funding of Park. The Riverfront Corporation will make the Site Improvements according to design specifications to be set forth in the Definitive Agreements, which will be subject to change based on the mutual agreement of the Parties. The total financial obligation of the Riverfront Corparation for acquisition and clean up of the Site and for desi�n, construction and other costs associated with the Site Improvements will not exceed $4.2 million. The Riverfront Corporation will pay for the Site and Site Improvements by implementing a fund raising plan which may include application for funds available from the City for which the Riverfront Corporation and the Project are eligible. 5.2 Value Eneineerine Contingenc� If the total estimated cost of the Site and Site Improvements exceeds $4.2 million at any time, the Parties agree to work to�ether in �ood faith to value engineer the Site Improvements or otherwise reduce the total cost of the Site and Site Improvements to $4.2 million. 53 Conveyance of Park to Cit� Upon completion of the Site Improvements, the Riverfront Corporation will convey and dedicate the Park to the City in trust for the benefit of the public for park purposes as part of the City's park system subject to permitted encumbrances, including specifically the dedication of easements, covenants, and restrictions (the "Dedication") more specifically described herein. The Dedication will be among the Definitive Agreements. ARTICLE 6 CITY IMPROVEMENT OF SIDEWALKS, STREETS, AND AAMM PLAZA 6.1 Sidewalks. The City will make improvements to the Sidewalks according to the design specifications to be set forth in the Definitive Agreements, which will be subject to change based on the muhial agreement of the Parties. The Sidewalks will be improved to coincide with the Site Improvements according to the schedule provided in Section 93. 6.2 Streets. The City will make improvements to the Streets accordin� to the design specifications to be set forth in the Definitive Agreements, which will be subject to change based on the mutual agreement of the Parties. The Streets will be improved to coincide with the Site Impro�rements according to the schedule provided in Section 93. 63 Hamm Plaza. The Parties agree that a renovation of Hamm Plaza is a desired Phase II of the Project, but that stiich renovation will not necessarily occur within the same time frame as the development of the Park and Sidewalk and Street improvements. The Parties will work together so that Park development and the u o � , ta.a�! improvements to the Streets and Sidewalks will be consistent �vith likely renovation plans for Hamm Plaza as part of a Phase II for the Project. ARTICLE 7 RETAIL OR COMMERCIAL FACILITY The City may develop a Retail or Commercial Facility on approximately 5,000 square feet of the south end of the Site or Park as depicted at exhibit 1. A Retail or Commercia� Facility includes a restaurant, a shop, art store, or cultural facility open to and accessible by the general public which is consistent with the principles of the Framework, the Statement of Common Vision, and design guidelines to be set forth in the Definitive A�eements. The use of any part of the Site for a Retail or Commercial Facility, its design, and any lease to a third party would be subject to the approval of the Riverfront Corporation. Any use of the Site for a Retail or Commercial Facility and any lease would also be subject to the Dedication. ARTICLE 8 THE SCHULZ MEMORIAL A Schulz Memorial may be placed on the Site as part of the Park. Design, fimdin�, and other issues will be addressed in the Definitive Agreements. ARTICLE 9 PROJECT MANAGEMENT, DESIGN, CONSTRUCTION ANA SCHEDULE 9.1 Project ManaQement. The Parties will jointly select and maintain a Project Manager who will be an employee of the City. The Project Manager will be responsible for all aspects of the Project includin� project design, contracting, construction management, budgeting, and financial management. The Project Mana�er will report to and be accountable to the Riverfront Corparation for the Site Improvements and will report to and be accountable to the City for all remaining aspects of the Proj ect. The cost of the Project Manager will be born by each Party based on the anticipated constniction costs for the portion of the Project for which each Party is responsible that will be incurred during any year. The Riverfront Corporation will reimburse the City for Project Mana�ement costs. 9.2 Project Desi�n. The Parties recognize the importance of coordinated Project design and one design office for the entire Project. Therefore, the Parties will contract with the same desi�n firm so that this firm is responsible for the design of all aspects of the Project. 93 Proiect Schedule. The anticipated construction schedule for the Project is set forth at exhibit 1, which schedule will be fiu defined and subject to change based on the mutual agreement of the Parties in the Definitive Agreements. However, the o� _1a3R Parties agree that the improvements contemplated to Market Street and the Sidewalks are particularly integral to the Site Improvements so that improvements to Market Street and the Sidewalks must occur at the same time as the Site Improvements. ARTICLE 10 THE DEDICATION 10.1 General. The conveyance by the Riverfront Corporation to the City of the Park will be subject to a Dedication of Easements, Conditions and Restrictions ("Dedication") that will govem the City's obligations as trustee for the Park. The intent of the Dedication is for the Park and other aspects of the Project to be held and maintained in perpetuity as a premier public space and gathering place as part of the park system of the City in a manner consistent with the Common Vision. The remainder of this Article sets forth items that will be addressed in detail in the Dedication. 10.2 Name of the Park. In consultation with the City, the Riverfront Corporation will name the Park in its sole discretion. 103 Maintenance of the Park. The Park will be maintained according to a maintenance manual that the Parties will develop. 10.4 Park Imnrovements and Desien Chan�es. Any improvements or design changes to the Park up to and including December 31, 2007 must be approved by the Riverfront Corporation in its sole discretion. Thereafrer, any improvements to the Park or related design changes must be consistent with the statement of Common Vision. 10.5 Use of the Park. The use of the Park will be unrestricted and available to the general public subject to the reasonable health, safety and welfare regulations of the City and subject to programs and other festivals which may include a limited number of private events. 10.6 Festivals and Pro¢ramminQ. The Park is to be a commtmity-gathering place and the City will offer the Park for festivals and will coordinate programs for use of the Park. 10.7 Retail or Commercial Facilitv. The design, use, and maintenance of any Retail or Commercial Facility and any lease of a Retail or Commercial Facility will be subject to the Dedication. 10.8 Schulz Memorial. The design, use, and maintenance of a Schulz Memorial will be subject to the Dedication. 10.9 The Streets and Sidewalks. The Streets and Sidewalks will be maintained according to a maintenance manual that the Parties will develop. 10.10 Maintenance and Improvement Fund. All net revenues the City receives from the operation of the Park including from any Retail or Commercial Facility must be .0 o� -1a3� dedicated to pay for the maintenance of the Park, repair and replacement of Site Improvements, and new improvements that are allo�ved by the Dedication and consistent with the Common Vision. The City's obligations under the Definitive Agreements are not contin�ent upon the existence of any net revenues from the Park. 10.11 Process for Chan�ind Dedication. The Dedication may be chan�ed as allowed by law. 10.12 Remedy for Violations of the Dedication: Successar OrQanizaYion. The Parties agree that there is no adequate remedy at law for violations of the terms of the Dedication and that specific performance is the appropriate remedy for enforcement of the Dedication. The Riverfront Corporation's rights under the Dedication would imtre to any successors or assigns of the Riverfront Coxporation or to another or�anization that carries out the essential functions of the Riverfront Corporation. As part of the Dedication, The Riverfront Corporation may designate a successor organization to which its ri�hts Lmder the Dedication would be assi�ned. ARTICLE 11 OTHER FRAMEWORK INITIATIVES The City and Riverfront Corporation desire to use this Project as a way to define and begin to implement other Framework related projects. As part of the process of working on the Definitive Agreements, the Parties will work together in an attempt to determine whether one or more Frnmework related projects can be identified as part of the Definitive Agreements. ARTICLE l2 DISPUTE RESOLUTION AND MISCELLANEOUS 12.1 Dispute Resohrtion. The Definitive Agreements will require mediation and binding arbitration dispute resolution mechanisms for all items covered by such Agreements except for items set forth in the Dedication. 12.2 Due Dili¢ence and Approval. Following execution of this MOU, each Party shall be provided access to the records and premises of the other, as is reasonable and necessary to conduct due diligence review of the transaction contemplated by this MOU. This MOU, the transactions contemplated thereby, and the Definitive Agreements are subject to the approval of the governing bodies of the Parties. 123 Definitive Aareements. The Definitive Agreements will contain such terms, conditions, representations and warranties as are reasonable under the circumstances based on the nahire of the transactions contemplated. 7 ot-1a.�� IN WITNESS, WHEREOF, the Parties have executed this Memorandum of Understanding as of the date first written above. CITY OF SAINT PAi3L SAINT PAUL RIVERFRONT CORPORATION � Its � Its � Approved as to form: � /,./l✓�,,,,,,,, ((-lY- ( Assistant City Attorney 13031?IvlO o ►-�a^�'� "FIRSTAR SITE" MEMORANDUM OF UNDERSTANDING CITY OF SAINT PAUL AND SAINT PAUL RIVERFRONT CORPORATION Exhibit 2 Legal Description Parcel 1: All of Lot Four (4) except that part lying east of a line drawn from a point on the easterly line of said Lot Four (A), twenty-one and sixty-five hundredths (21.65) feet north�vesterly of the southeast corner of said Lot Four (4) to a point on the south line of said Lot Four (A), twenty and ninety-five hundredths (20.95) feet west of said southeast corner of said Lot Four (4) of Reanangement of Block Nine (9) of Rice & Irvine's Addition to St. Paul, according to the recorded plat of said Rearrangement on file in the office of the Register of Deeds in and for said County of Ramsey. (Torrens) Parcel2: Lots 1, 2 and 3, Rearrangement of Block 9, Rice & Irvine's Addition to St. Paul, except the part of said Lot 1 taken for opening Sixth Street, St. Paul, Minnesota. (Abstract) 1336800vt o�_��.3'� "FIRSTAR SITE" MEMORANDUM OF UNDERSTANDING CTTY OF SAINT PAUL AND SAINT PAUL RIVERFRONT CORPORATION Exhibit 1 , „ �A � _ RECONFIGURED HAMM PLAZAPARCEL � �A / 3 � {� ��H I ! �ll� E �� � � b _ �ps , t .ye �:� r of./:: ` �` ��:'�� + � �� 4 �' r �� ��� 1 � � '! � f .� T �1 ,, � 1 Xy � I � � �� � R4 �'�,�/�� �� � c c^ � ;�:�� �� �� � { � ?. a �� �'� !4 �a .5� ' } . . ' y, r1�K��e.y �. � , �are��: � f„ ,w • � g'=. � i�. �� .�.. ra �. � ... F� +. • #e.�sr us�. zr ����. ��_� ��m _.__ ; _ , ��-:. `;:� � il — ,, i --�_,;.- ., .- . .� LAWN: STREAM BED: PERENNIALPLANTINGS PATMNAYS '�tABlESANDCHAIRS � LawN: aicNicniNc BOCCE SPECTATORS �� Features: Lawn - Ephemeral Stream Bed - Event Plaza - Market Stre Under Consideration: Restaurant - Hamm Plaza - Schulz Memorial - Final Name Project Cost: • Acquisition, Clean-up, and Predevelopment: $2,000,000 • Construction: $1,700,000 • Design, Engineering, and Project Management: �500.000 • Total: $4,200,000 Fundraising: • Leadership: Pat Donovan, John Murphy, and David Lilly • Current Contributions/Pledges: $2 million • Total Campaign: $42 million Schedule: • Preliminary Design: Complete • Schematic Design: August 2001 • Construction Documents: • Bidding and Award: • Substantial Construction: March 2002 April 2002 May - November 2( Firstar Plaza • Planting. Spnng 2003 18 July 2001 . �t-l�3� Interdepartmental Memorandum CITY OF SAINT PAUL November 13, 2001 FROM: Vic Wittgenstein � � TO: Dan Bostrom, Council President Jay Benanav, Councilmember Jerry Blakey, Councilmember Chris Coleman, Councilmember Pat Harris, Counci ember Kathy Lantry, Cou cilmember Jim Reiter, Counci member RE: Firststaz Site Park Project: Status and Summary of Proposed Memorandum of Understanding Background and Current Status There has been a broad constituency for the redevelpment of the "Firstar Site' for severa] years. It was identified as a key opportunity in 1997 as parf of the Saint Paul on the Mississippi Development Framework. Interest in the Site as a key linkage between downto�vn visitor attractions and the retail and commercial corridors intensified with the compleTion of the Xcel Arena and I,awson Commons. In 1999, the City and the Saint Paul Riverfront Corparation began a collaborative effort to redevelop the Site. As a result, the Saint Paul Riverfront Corporation has acquired the Site, demolished existing structures, led a public design process, and begun the process of raising the estimated $4.2 million necessary for acquisition and development of ttte Site. The public design process resulted in a general agreement on a"Tavern on the Green" concept, festival space, and tuming Market Street into a convertibte street. The project schedule calls for construction to begin and be substantially completed in 2002. The next step is for the City and the Riverfront Corporation to determine how best to transfer the Site to the City so that it can remain a premier public space and gathering place for the entire community for generations to come. Over the last several months, the Riverfront Corporation has warked with City staff from Parks, Public Works, and the City Attorney's Office to develop a non-binding Memorandum of Understanding or "MOU" which outlines the general terms of the transfer. The MOU will serve as the basis for binding legal agreements. � November 13, 2001 �� a 3 Memo - Firststar Site � � Page two Summary of MOU The following are the significant terms of the MOU: Site Acauisition, Park Development. and Conveyance to the Citv. The Riverfront Corporation will acquire, clean-up and develop the Site with agreed upon park improvements at a cost not to exceed $4.2 million. Upon completion of the agreed upon improvements, the Park will be conveyed and dedicated to the City for park purposes. Sidewalks and Streets. The City will improve the streets and sidewalks adjacent to the Park according to agreed upon design specifications. Name of the Park. The Riverfront Corporation will provide a name for the Park in consultation with the City. 4. Retail and Commercial Use/Schulz Memorial. The City could develop the south end of the Site into a restaurant, shops, or similar use compatible with a park. The • design of any building and a lease with a third party is subj ect to the approval of the Riverfront Corparation. It is also possible that there will be a Schulz memorial on the Site with "Peanuts" characters which would be funded separately from the $4.2 million responsibility of the Riverfront Corporation. 5. Project Maintenance and Maintenance and Improvement Fund. The City would maintain the Park and surrounding streets and sidewalks accordin� to a maintenance manual that will be developed as part of the binding agreements. All net revenues the City receives from the Park, including any restaurant or shop, would be used to help maintain the Park. 6. Per�etual use as City Park. The legal structure of the conveyance to the City of the Site is intended to ensure its perpetual use as a City Park. This is similar to the structure for Rice Park and Harriet Island. Changes can be made to the site over time if they are consistent with the "Common Vision" set forth in the MOU. If more sigiificant changes are to be made, the City as "trustee" of the Park would be required to obtain the permission of the Ramsey County District court. Hamm Plaza and Future Projects. It is contemplated that the renovation of Hamm Plaza will be the next phase of the project but no details have been established on timing, design of funding. In addition, the City and the Riverfront Corporation will seek to identify other Framework related initiatives in the binding legal agreements that will follow the MOU.