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01-413r Resolution # Green Sheet # \c�9 ya r� .�i 2 0 Presented By Referred To covncil File #� C\— y��J Committee: Date TI� CITY OF SAINT PAUL RAMSEY COUNTY STATE OF MINNESOTA Council member 6 7 introduces ttie following resolution and moved its adoption: RESOLUTION NO. 9 RESOLUTION APPROVING A BUSTNESS SUBSIDY AGREEMENT, 10 ENVIRONMENTAL INDEMNITY AND 30INT PLEDGE AGREEMENT, AND 11 AUTHORTZING OTHER ASSOCIATED DOCUMENTS ALL IN CONNECTION WITH 12 THE U.S. BANK OPERATIONS CENTER TO BE CONSTRUCTED ON THE WEST 13 SIDE FLATS 14 15 16 17 18 19 20 21 22 23 24 ?5 ?6 �� 8 9 WHEREAS, the City of 5aint Paul, Minnesota (the "City") andthe Housing and RedevelopmentAuthorify of the City of Saint Paul, Minnesota (the "HRA") have been engaged in on-going negotiations with Atlantic Financial Group, Ltd. (the "Developer") and U.S. Bank, Nafiona7 Association (the "Bank") regarding the lease by the FIRA to the Bank of an approximately 6 3!4 acre site located in the "west side" of the City, which is bound by a meandering line approximately 130 to 1601ineal feet south o£ the Mississippi River on the north, Robert Street on the east, and by planned Fairview and Livingston Streets which aze to be constructed on south and west, respectively (the 'Bank Project Area") and the construction thereon by the Developer of an office project and parking facilities (the "Bank Project"), all as more fully described in the Redevelopment Agreement (the "Redevelopment Agreement") to be entered into among the HRA, the Developer and the Bank; and WHEREAS, the Bank Project Area is in the City's 1987 Riverfront Redevelopment Project Area and Riverfront Redevelopment Plan (the "Redevelapment Plan"), as amended, and is included in the Tax Increment Financing Plan for the Riverfront Renaissance Tax Increment' Financing District (the "TIF Plan"), a redevelopment district as authorized by Minnesota Statutes, Section 469.174, Subdivision 10; and 0 WHEREAS, the Bank Project Area currently consists of improved parcels which aze in the city's 100-year 1 flood plain and are contatninated by industrial pollutants, and will require extensive preparation and remediarion 2 prior to redevelopment, including but not limited to removal of buried structures and debris, removal of 3 contauiniated soil, filling, grading, piling and compacting of the site; and WI3EREAS, pursuant to the Redevelopment Agreement, it is anticipated that the HRA will issue tax � increment bonds and notes (the "TIF Financing") to fmance, in part, the costs to be incurred by the Developer � zo�o6z��i • ' 4t-'�113 3fi in the remediation of the Bank Project Site, the prepazation of tkie Bank Project Site for construction of the Bank 38 Project, and certain other public redevelopment costs and that taY increments collected form the Bank Project 39 Area and the Bank Project wiii be pledged to the payment of the TIF Financing pursuant to a JoSnt Pledge 40 A�eement (the "Pledge Agreement") from the City and the HRA; and 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 WF�REAS, as a condirion to the issuance of the TIF financing and the lease of the Bank Project Area to the Bank the I3RA wili requite the Bank to sign a Business Subsidy Agreement (the "Business Subsidy Agreement") in the form attached to the Redevelopment Aa eement, setting forth certain wage and job goals for the Bank Project; and WI�REAS, as a condifion to the construction of the Bank Project, the Bank and the Developer have requited that the City agree to (a) apply to the Mimiesota Department of Trade and Economic Development ("DTED") Contamination C1ean up Grant Program for grant funds to be applied to the remediation of the Bank Project Area and (b) execute an Environmental Indemniry in fauor of the Developer and the Bank (the "Environmental Indemnity"); and WI-IEREAS, the City has determined that the redevelopment of the Bank Project Area and the conshucfion of the Bank Project thereon, is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saint Paui, Minnesota as foliows: 59 1. The Council hereby approves the terms and conditions of the Susiness Subsidy Agreement, the 60 Environmental Indemnity and the Pledge Agreement (collectively, the "Agreements") in substantially the forms 61 submitted, and authorizes the Mayor and other appropriate officials of the City to execute the Agreements. The 62 Agreements shall be executed 'an substantially the form submitted, with such changes therein as may be deemed 63 necessary or desirable by City staff and counsel to the City to complete information, correct or clarify the 64 language thereof, or to make such changes as will best effectuate the intent thereof. In the absence of any of the 65 authorized signatories, lus or her designee shall execute the Agreements in his place with the same force and 66 67 68 69 effect. 2. Once the agreements have been executed and delivered, the Council delegates the authority to approve, execute and deliver future amendments to the Ap eements in connecrion with the transactions 70 contemplated thereby to the Execufive I}irector the City's Department of Planning and Economic Development, 71 provided that such amendments do not materially adversely affect the interests of the City and are acceptable in 72 the form and substance to the City Attorney, or other counsel retained by the City to review such documents. 73 74 3. All documents, instruments, certificates and other items necessary to implement the Agreements 75 shall be executed by the Executive Director the City's Depariment of Flatming and Economic Development upon 76 approval of the form thereof by the o� ce of the City Attorney. �� '8 Approved by the Council: April 25, 2001 '9 2070627v1 o�-�t� Adoption Certi By: Approved by Ma Hy: 2�7Q627v Requested by Department oE: Plannin & Economic De elo ment r By: Approved by Financial Services By: Foxm Appraved ���b� £ied by Council Secretary _V� � � BY: yor: Date / Approved by Mayor r Submissi o ouncil ! � � 1 $Y° 1 � ' Adopted by Council: ➢ate Q O O DEPARTMENT/OFFICElC9UMCII.: DATE IlYITTATED GREEN SHEET No.:106942 o�.y�� PED Apri116, 2001 CONTACl' PERSON & PHONE: � 1�7T1AL/DATE INPI7AGDATE Marie Franchett 266-6702 z D�enxTn�x r n� s ci�covrrcn. MI7ST BE ON COUNCII. AGENDA BY (DATE) �IGN ? CITY ATI'ORNEY� _ CITY CLERK IVIrMgC g 4 FINAt3CIAL SERV DIR. FSNAISCiAL SERVfACCTG APL1I ZS�Il FOR ROUTING 5 MAYOR (OR ASST.) _ CML SERVICE CONA�IISSION ORDER TOTAL # OF SIGNA'1'URE PAGES _(CLIP ALL LOCATIONS FOR SIC.IN.4TORE) acr[ox �QirFS►•En: Resolution approving a business subsidy agreement, environmental indemnity, a joint pledge agreement, and authorizing other documents in connection with the U.S. Bank project. RECO1vIIvIENDA7TONS: Approve (A) or Rejec[ (A) PERSONAI, SERVICE CONTRA("fS M[JST AIVSWER TfiE FOLLOWING QUESTIONS: PLANNING COMNIISSION 1. Has this peison/ficm ever worked under a contract for this department7 CIB COMbIITTEE Yes No CIVIL SERVICE COMbIISSION 2. Has fl�is person/fum ever been a ciry employee? Yes No 3 Does [h�s person/firm possess a skill not normally possessed by any current ciTy employee? Yes No Explain all yes answers on separate sheet and attach to green sheet IN177A1'ING PROBLEM, LSSUE, OPPORTONITY (Who, What, When, Where, Why): On July 26, 2000, the f1RA authorized execufion of a Memo of Understanding for the US Bank project. The Memo of Understanding called for providing tas increment fmancing for the US Bank project. ADVANTAGESIFAPPROVED: � Construction of 350,000 sq.ft. of office building space, as the first phase of a mixed-use urban village development for the west side flats azea. Consolidation of approximately 2,150 US Bank employees at this location. DISADVAN'I'AGES IF APPROVED: None. DISADVA,NTAGES IF NOT APPROVED: The project will not move forwazd. TOTAL AMO[1NT OF'CRANSACTION: $46,732,512 COSTBEVENUE BUDGETED: FONDING SOURCE: Riverfrout Renaissance TIF 1 � ACTIVITY NUMBER: �� Ll " 1�O� � • �-L�. L' O f�CF� NQ� - Ll3 r "r � f2r'[ FIlVANCIALINFORMA110N:(EXPLAliV) ���' �hLrP'G'clnev�"F ! h� T ��-Y� l� Issuance of TIF Revenue bond5 and residual pay as you go note. Bonds will be $15,75Q000. ,itc 1-Fe4 Skc�:� vt�r�1 �� {�vtl dr.���S K \Sba��PeA�FRRANCHE11USCOUVCilresotif.wpd .� - a! -4i� Housing and Redevelopment Authority of the City of Saint Paul, Minnesota CERTIFICATE OF RECORDING SECRETARY The undersigned hereby certifies as foliows: That she is the duly appointed, qualified Assistant Secretary of the Housing and Redevelopment Authority of the City of Saint Paui, Minnesota, herein called the "Locai Pubiic Agency"; � 2. That the attached RESOLUTION NO. 01-3l28-10 is a true and correct copy of the resolution as adopted on the 28th day of March, 2001; 3. That the seal affxed below constitutes the official seal of the Local Public Agency and this Certificate is hereby executed under such of;iciai seai; and 4. That the undersigned is duly authorized to execute this Certificate. IN WITNESS WHEREOF, I have hereunto set my hand and the seai of the said Housing and Redevelopment Authority of the City of Saint Paui, Minnesota, this 30th day of March, 2001. � � " ,� �i "(�L�- f y 1 Ass stant Secretary a►-4�3 spo�,sored Uy: Commissioner Colematt I-IOUSING AIv'D R�DEVELOPVIE�IT AUT�-IORITY OF TI-I� CITY OP SAINT PAUL RAMSEY COUNTY STATE OF MII�R�ESOTA RrSQLLiTIOi�' 1�Q. 01-3(2S-10 R�SOLUTIO\' �STABLISHIhG TH� RIVERFRONT RE�ATSSAi�'C� TAX I\'Cl2�ME\T FI\'An`CI\G DISTRICT Ai�'D ADOPTI\G THE TA7i I\Cl2L'nZEi�T PLAi\' TFI�REFOIL� I �VI-IEF.EAS, it has 6een proposed that the Board of Commissioners (the "Board").of the 2 I-Iousin� and Redzvelopment Authority (thz "HRA") for the City of Saint Pzul (the "City ") adopt 3 the ta� increment financin� plan (the "Plan") for and establish the Ri��erfront Renaissance T1� 4 Increntent Pivancina District, all pt�rsuant to liid in conformitp �ti�ith esistino law, includin� 5 ivfinnesota Statutes, Section 469.174 to 4G9.179, inclusicz, as lmended, al! as reflected in the Plan 6 and presented for the Board�s considzration; and S ��'HEP`EAS, the HRt\ has investi�a[ed the facts relatin� to thz estabfishmznt of the 9 Riverfront Renaissance Ta� Increment Financin� District, and has caused th: Plan to be prepared; 10 and 11 12 lVHEREAS, the proposed de�'elopment 1s desctibed in the P1an, in the opinion of the HRA, 13 ��•ould not reasonably be expected to occur solely through private im•estment within the reasonable 14 foreseeable future, and, therefore, the use of tas increment financin� is deemed necessary; and 15 16 17 is 19 20 21 �� �VHEREAS, the HRA has performed all �ctions required b}• la�ti• to bz performed prior to the fldoption of the Plan, but no[ limited to, notification of Ramsey Count}' and School District No. 62>� havinQ taxiiig jurisdiction over the property to be included in Riverfront Renaissance Tax Increment Financin� District, a request for revie��� of and tivritten conunent on the Plan by the City Plannin� Commission, and a request that the Council schedule a public hearin� on the Plan upon published notice as required by la�v. 23 1�TOR', THEREFOIZE, BE IT RESOLVED bp the Board as follo���s: 24 ?5 The HRA hereby� finds that the creation of the Riverfront Renaissance Tar Increment 26 Financin� District is in the public interest and is a"redeveiopment aistricr unaer rviinn�s��n 27 Statutzs, Section 469.174, subdi��ision 10; and has set forth the reasons and supporting facts for its 28 determination in «Titino, attached hereto as E�hibit A. ?9 30 2. Conditioned upon the approval tliereof by the City Council follot�'in� its public (9630i3et o1-y�o 31 hearin� tl�ereon, the Plan, as presented to the HRt1 on this date, and ��•hich is attached to and made 32 1 part of tl�is resolution, is hereby approved, established and adopted and shall be placed on file in 33 the oftice of the City Administrator. 34 35 3. Upon approval of the Plan by the City Council, the staff, the HRA's advisors and 36 legal cotmsel are authorized and directed to proceed with the impiementation of the Plan and for this 37 purpose to nepotiate, draft, prepare and present to this Board for its consideration all fi�rther plans, ;S re;olutions, CIOCll411CI11S �111C1 CORtC8Cl5 IlCCCSSfli} for this pur�ose. Appro�al of the Plan dnes no! 39 constitute appro��al of any pro}ect or a Development A�reement «�ith anp de�•eloper. 40 41 42 43 4 �1 4� 4G 47 4. Upon approval of the Plan by the City Council, the HRt1 Dirzctor is authorized to forGG•�rd copies of the Plan to the Ramsey Cotmty Auditor flnd the MinnesotaDepartment of Revemie pursuant to Minnesotl Statutes 469.17�, subdivision 2. Approved by the Board of Commissioners of the Housin� and Redeti•zlapment Authority of tlie City of St. Paul this 2Sth da}' of b4arch, 2000, ' I9630i3v1 . 2 o�-�li� EXHIBIT A TO RESOLUTION NO. 01-3125- �p The reasons and facts supporting the findings for the adoption oftlie Ri�•erfront Renaissance Taz Increment Finlncin� District (the "Tax Inaement Districc") as required pursuan[ to Minnesota Statutcs, Sectiai 4G9.17�, Subdi�•ision 3: Finding tirrtt tlee Disirict is a"rerlevelop»tent dislricL" This Tax Increment District qualifies 1s a rzde��elopmznt district because the followin� conditions exist — in a manner reasonablq distributed throu�hout the district: parcels consisting of 70 percent ofthe area of the district are occupied by bui(din�s, streets, utilities, or other improvements and more than 50 percent of the buildin�s, not includin� outbuildings, 1re stnicturally substandard to a d�gree requirin� substantial reno�'ation or clearance,ls mare fiilly described belou•: A. The Project is in the P.iverfront Redevelopment Project Arza established by the Housin, and Redeeelopmen[ Authority of thz City ofSaint P1ul, ��fiose boundaries �re larger than the boundaries of the Tax Increment District. B. Thz Ta� Increment District consists of 69 contiguous parcels and other public right- of-wap that consist of 4,4�4,617 square fezt. C. Prior to the creation of the Tas Increment District, parcels constitutin� 4,330,345 square feet -- 97 ? 1%-- of the area of the Ta� Increment District « occupied (at least I S% co�•ered) by buildinas, streets, utilities, or other impro�'ements (collecti�•el}� "Improvements"). The Impro�•ements «'ere reasonabl}' distributzd throughout the Ta� Increment District. D. Prior to its creation, tl�e Ta� Ineremznt District cantained ele��en total buildings. Of these eleven buildin�s, the followin� nine «�ere structurally substandard: 1. 63 South Robert Street 2. 19� South Robert Street 3. 0 South Robert Street 4. 60 East Plato Boule<<ard 5. 1 �Vater Street Nest 6. 266 Shepard Road 7. 41 ChicaQo Avemie East 8. 34 East Fillmore A�•enue 9. 162 ��'abasha Street South vl� �!3 "Structuralty substandard" is understood to mcan con[ainin� defects in stiuctural elements or 1 combination ofdeficiencics in essential utilities a�id facilities, in li�ht and centilation, fire protection includin� adequate egress, la}•otd flnd condition of interior partitions, or similar factors, ���hich defects or deficiencies arz of suf6cient total si�niFicancz to juscif}� substantial renovation or clearance. 2. Pi�trlistg thrrt tlte praposed developmeuf ivo:ilrt t:ot rensos:nbli� be expected to occtrr sofels• f6ro u� k I�rivr.l:� rn sz:s[rxerif x�it(t in flrc rensonnGl�•jnresc�r��rh/efulure anrt IGnt tlre increosed rxrr�•hef value oJtlte site thal can reaso�rablr be e.rpecfed in nccur iritleout ilre use of inx increment finaacin,; ivoald Ge less t(tcut ilre ifurease in fhe ��mrket v�rlr�e estin:rrled io resullfi•ant tlrc� praposed developnrer:t afterstrbtr•trcting tlee presenf i•altie of ihe projecferf trtx i�icrements for 1Le nmxitx�un dtn•t�tio�t of the tlislrict pernritted by t/ee plau. Due to thz hi�li cost of development on the parcels includine the cost of land lcquisition, demofition and rehabilitation oFsubstandard structures, soil coirzction, flood remediation, pollution abatzment, le�al costs associated with titlz «•or�, constructing neti�• public infrastructure, constructin, parkin� facilities, and financin, tl�e proposed improvements, this project is feasible onl}' tluou�h assistance, in part, from tax increment fiiiancin;. A contparative analysis of estimatzd market �•alues both �cith and �ci�hout establishment of the Ri�•erfront P.enaissancz Tax Incremen[ Financin� Dis?rict and the use of tax iucrements has been performed as described lbove. If al! deretopmznt �ehich is proposed to assist �vith ta� increment �ces•e co occuc in the P.i��erfront Renaissance Site, the total increased market ��alue ��•ould be up to �170,S7�,000. It is thz HRA's findinR that there �could be no sienificant increase in the base snnrket value expected to occur ��'ithin 2� y�ears ��'ithout the use of tax incremznt financin�. This finding is based upon er•idence from general past eaperience ���ith the hi�h cost of pro�•idin� public impro�'einents in the general area of this District. 3. Fitidirig tkat flte Riverfratt Reiraissm�ce Trr.r Incremeat Fi�rrurciitg District ca jorn:s to !ke ge�rerrt! pla�t for tlte develop»�enf or rerlere(optrten( of ilae nuu�icipality rts a wlzole. The Ri�•erfront Renaissance Tat Increment Financin� Plan has been re<<ien•ed by the HRA and has been found to conform to the general development and redzti�elopment plan of the City. Tlie plan conforms to the 1937 Riverfi•ont RedeYelopment Project flren as amended in 2000. The plan also conforms to the Saint Pcad on the bfississippi Derelopnrent Fr•a+nefrol•k, «'hich ���as adopted in 1997, the tiUest Side Flats De�'elopment Strate�}', whicli was adopted in 2001 and the Upper Landing Urban DesiQn Mastec Plan, �vhich �vas adopted in 2001. Q, FlilflJti� tltctt Ute fa.r iacreruettt fiaa�tcing plan r��il! tt jjord mn.citnuf�: opportunit}) consistent rcith tbe soar�d rieeds of the conrt�:rrnity ns n ivhoJe, for fl:e derelopment or rerle�•elop�rtent vf fGe�r•ojecl b}� prirafe er�t�rprise. 1979233�'1 A-4 o►-4t3 Private enterprise ��•ill buiid and occupy the facilities proposed to be constnicted as part of tlie Tax Increment Financina Plan. 5. I'ittdi�zg tlzaf the tr:ttt:icipnlify elncts fhe »:ethorl of tax ittcreft:es�t corripttfafiort seffortlt iti Secfiot:469.Z77, Sr�bdivision 3, clnrtse (a). The HRA and the City have elected to compute the fiscal disparities contribucion for the Disiricc in accoida�re «itl� Scctio�; hG9.i 77, S,iUdi��ision 3, clausc (� �. I Ili7 C8i)1l1fCi� 11Ci t �� capacit}� of the District ��•ill not be reduczd in order to ma.l a fiscal disparities contribution. 1979233vt A-5 �E DS Side 97 . G�ant_(Sp_cify') O;h>r Funds to be : Private Financing_ PROJECTED ' �USES OF�UNDS Pubiic Park Faciiities Sociai, Recreafional Interest Reduction Payments TIF Bond ! Note Principat Paymenh � TIF Bond Note interest Pavments Administrati Costs Pollution Abatement �er Uses £ Municipal t Low / Modf USES Drake i i e � Side �1 oi-�t�'3 TAXINC ` (i) � '- ' �Affoldahle �TotalSources Housing � �,____ 569 0 160,775,3a6 0 p� p 000 - 0 50,584,800 �6� 0� 6,000,000 D 0' 0 0 Oi G 0 Oi G OOJ --- O' 6.05� OC:, 25, 000, 000 ( 25,ODO,�GO 000 0� � �54,337,10� -- --j i C � 0 i c � e 569 25 000 0 0 402,587.25Q � 'Affordable Totai Uses iHousin 000� 5,000,000 � 6,357,000 000 p �,555,000 0 0 �200,006 �QO 0 26,415,552 000 0: . 2,2i0.00C 0 0 � I 300.OU? --- o ' e o' c 000 0; { SO,SB:,BCJ 000 0; 66,8t'o,9o': 000 0 6,00O,OOQ 41d 0 1.983.47c 000 0 t4.319,6<3 000 0: � 54,375,00'v 000 0 � 552.00G 000 0; S,OOO,OOG ,151 0 7,572,075 ' 0 G 0 0 � 1,277.6C'v ,000� 16,250,000' 22,750,OOu Q. 0 2,729,SOG 0' 3,750,000 i 7,459,167 � 0� 0 ; I c i � � Totai Uses i 22,635,955 � 101,87A,728 253,070,So9 25,000,000 � 402,5£ Sources overUses ! 0� 0 0. 0' t) Other numbers represented in the Pian will be adjusted to reFlect this Sources and Uses ?)Estimated S5.5 million pay-as-you-go note vdil be issued for the West Side Flats Corporate Campus for a total523,255,000 in bonds and notes Estimated S15 million pay-as-you-go note wili be issued for the Upper Landing Project (or a totzl of 545,000,000 in bonds and notes n2 � 03f2812001 � r Resolution # Green Sheet # \c�9 ya r� .�i 2 0 Presented By Referred To covncil File #� C\— y��J Committee: Date TI� CITY OF SAINT PAUL RAMSEY COUNTY STATE OF MINNESOTA Council member 6 7 introduces ttie following resolution and moved its adoption: RESOLUTION NO. 9 RESOLUTION APPROVING A BUSTNESS SUBSIDY AGREEMENT, 10 ENVIRONMENTAL INDEMNITY AND 30INT PLEDGE AGREEMENT, AND 11 AUTHORTZING OTHER ASSOCIATED DOCUMENTS ALL IN CONNECTION WITH 12 THE U.S. BANK OPERATIONS CENTER TO BE CONSTRUCTED ON THE WEST 13 SIDE FLATS 14 15 16 17 18 19 20 21 22 23 24 ?5 ?6 �� 8 9 WHEREAS, the City of 5aint Paul, Minnesota (the "City") andthe Housing and RedevelopmentAuthorify of the City of Saint Paul, Minnesota (the "HRA") have been engaged in on-going negotiations with Atlantic Financial Group, Ltd. (the "Developer") and U.S. Bank, Nafiona7 Association (the "Bank") regarding the lease by the FIRA to the Bank of an approximately 6 3!4 acre site located in the "west side" of the City, which is bound by a meandering line approximately 130 to 1601ineal feet south o£ the Mississippi River on the north, Robert Street on the east, and by planned Fairview and Livingston Streets which aze to be constructed on south and west, respectively (the 'Bank Project Area") and the construction thereon by the Developer of an office project and parking facilities (the "Bank Project"), all as more fully described in the Redevelopment Agreement (the "Redevelopment Agreement") to be entered into among the HRA, the Developer and the Bank; and WHEREAS, the Bank Project Area is in the City's 1987 Riverfront Redevelopment Project Area and Riverfront Redevelopment Plan (the "Redevelapment Plan"), as amended, and is included in the Tax Increment Financing Plan for the Riverfront Renaissance Tax Increment' Financing District (the "TIF Plan"), a redevelopment district as authorized by Minnesota Statutes, Section 469.174, Subdivision 10; and 0 WHEREAS, the Bank Project Area currently consists of improved parcels which aze in the city's 100-year 1 flood plain and are contatninated by industrial pollutants, and will require extensive preparation and remediarion 2 prior to redevelopment, including but not limited to removal of buried structures and debris, removal of 3 contauiniated soil, filling, grading, piling and compacting of the site; and WI3EREAS, pursuant to the Redevelopment Agreement, it is anticipated that the HRA will issue tax � increment bonds and notes (the "TIF Financing") to fmance, in part, the costs to be incurred by the Developer � zo�o6z��i • ' 4t-'�113 3fi in the remediation of the Bank Project Site, the prepazation of tkie Bank Project Site for construction of the Bank 38 Project, and certain other public redevelopment costs and that taY increments collected form the Bank Project 39 Area and the Bank Project wiii be pledged to the payment of the TIF Financing pursuant to a JoSnt Pledge 40 A�eement (the "Pledge Agreement") from the City and the HRA; and 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 WF�REAS, as a condirion to the issuance of the TIF financing and the lease of the Bank Project Area to the Bank the I3RA wili requite the Bank to sign a Business Subsidy Agreement (the "Business Subsidy Agreement") in the form attached to the Redevelopment Aa eement, setting forth certain wage and job goals for the Bank Project; and WI�REAS, as a condifion to the construction of the Bank Project, the Bank and the Developer have requited that the City agree to (a) apply to the Mimiesota Department of Trade and Economic Development ("DTED") Contamination C1ean up Grant Program for grant funds to be applied to the remediation of the Bank Project Area and (b) execute an Environmental Indemniry in fauor of the Developer and the Bank (the "Environmental Indemnity"); and WI-IEREAS, the City has determined that the redevelopment of the Bank Project Area and the conshucfion of the Bank Project thereon, is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saint Paui, Minnesota as foliows: 59 1. The Council hereby approves the terms and conditions of the Susiness Subsidy Agreement, the 60 Environmental Indemnity and the Pledge Agreement (collectively, the "Agreements") in substantially the forms 61 submitted, and authorizes the Mayor and other appropriate officials of the City to execute the Agreements. The 62 Agreements shall be executed 'an substantially the form submitted, with such changes therein as may be deemed 63 necessary or desirable by City staff and counsel to the City to complete information, correct or clarify the 64 language thereof, or to make such changes as will best effectuate the intent thereof. In the absence of any of the 65 authorized signatories, lus or her designee shall execute the Agreements in his place with the same force and 66 67 68 69 effect. 2. Once the agreements have been executed and delivered, the Council delegates the authority to approve, execute and deliver future amendments to the Ap eements in connecrion with the transactions 70 contemplated thereby to the Execufive I}irector the City's Department of Planning and Economic Development, 71 provided that such amendments do not materially adversely affect the interests of the City and are acceptable in 72 the form and substance to the City Attorney, or other counsel retained by the City to review such documents. 73 74 3. All documents, instruments, certificates and other items necessary to implement the Agreements 75 shall be executed by the Executive Director the City's Depariment of Flatming and Economic Development upon 76 approval of the form thereof by the o� ce of the City Attorney. �� '8 Approved by the Council: April 25, 2001 '9 2070627v1 o�-�t� Adoption Certi By: Approved by Ma Hy: 2�7Q627v Requested by Department oE: Plannin & Economic De elo ment r By: Approved by Financial Services By: Foxm Appraved ���b� £ied by Council Secretary _V� � � BY: yor: Date / Approved by Mayor r Submissi o ouncil ! � � 1 $Y° 1 � ' Adopted by Council: ➢ate Q O O DEPARTMENT/OFFICElC9UMCII.: DATE IlYITTATED GREEN SHEET No.:106942 o�.y�� PED Apri116, 2001 CONTACl' PERSON & PHONE: � 1�7T1AL/DATE INPI7AGDATE Marie Franchett 266-6702 z D�enxTn�x r n� s ci�covrrcn. MI7ST BE ON COUNCII. AGENDA BY (DATE) �IGN ? CITY ATI'ORNEY� _ CITY CLERK IVIrMgC g 4 FINAt3CIAL SERV DIR. FSNAISCiAL SERVfACCTG APL1I ZS�Il FOR ROUTING 5 MAYOR (OR ASST.) _ CML SERVICE CONA�IISSION ORDER TOTAL # OF SIGNA'1'URE PAGES _(CLIP ALL LOCATIONS FOR SIC.IN.4TORE) acr[ox �QirFS►•En: Resolution approving a business subsidy agreement, environmental indemnity, a joint pledge agreement, and authorizing other documents in connection with the U.S. Bank project. RECO1vIIvIENDA7TONS: Approve (A) or Rejec[ (A) PERSONAI, SERVICE CONTRA("fS M[JST AIVSWER TfiE FOLLOWING QUESTIONS: PLANNING COMNIISSION 1. Has this peison/ficm ever worked under a contract for this department7 CIB COMbIITTEE Yes No CIVIL SERVICE COMbIISSION 2. Has fl�is person/fum ever been a ciry employee? Yes No 3 Does [h�s person/firm possess a skill not normally possessed by any current ciTy employee? Yes No Explain all yes answers on separate sheet and attach to green sheet IN177A1'ING PROBLEM, LSSUE, OPPORTONITY (Who, What, When, Where, Why): On July 26, 2000, the f1RA authorized execufion of a Memo of Understanding for the US Bank project. The Memo of Understanding called for providing tas increment fmancing for the US Bank project. ADVANTAGESIFAPPROVED: � Construction of 350,000 sq.ft. of office building space, as the first phase of a mixed-use urban village development for the west side flats azea. Consolidation of approximately 2,150 US Bank employees at this location. DISADVAN'I'AGES IF APPROVED: None. DISADVA,NTAGES IF NOT APPROVED: The project will not move forwazd. TOTAL AMO[1NT OF'CRANSACTION: $46,732,512 COSTBEVENUE BUDGETED: FONDING SOURCE: Riverfrout Renaissance TIF 1 � ACTIVITY NUMBER: �� Ll " 1�O� � • �-L�. L' O f�CF� NQ� - Ll3 r "r � f2r'[ FIlVANCIALINFORMA110N:(EXPLAliV) ���' �hLrP'G'clnev�"F ! h� T ��-Y� l� Issuance of TIF Revenue bond5 and residual pay as you go note. Bonds will be $15,75Q000. ,itc 1-Fe4 Skc�:� vt�r�1 �� {�vtl dr.���S K \Sba��PeA�FRRANCHE11USCOUVCilresotif.wpd .� - a! -4i� Housing and Redevelopment Authority of the City of Saint Paul, Minnesota CERTIFICATE OF RECORDING SECRETARY The undersigned hereby certifies as foliows: That she is the duly appointed, qualified Assistant Secretary of the Housing and Redevelopment Authority of the City of Saint Paui, Minnesota, herein called the "Locai Pubiic Agency"; � 2. That the attached RESOLUTION NO. 01-3l28-10 is a true and correct copy of the resolution as adopted on the 28th day of March, 2001; 3. That the seal affxed below constitutes the official seal of the Local Public Agency and this Certificate is hereby executed under such of;iciai seai; and 4. That the undersigned is duly authorized to execute this Certificate. IN WITNESS WHEREOF, I have hereunto set my hand and the seai of the said Housing and Redevelopment Authority of the City of Saint Paui, Minnesota, this 30th day of March, 2001. � � " ,� �i "(�L�- f y 1 Ass stant Secretary a►-4�3 spo�,sored Uy: Commissioner Colematt I-IOUSING AIv'D R�DEVELOPVIE�IT AUT�-IORITY OF TI-I� CITY OP SAINT PAUL RAMSEY COUNTY STATE OF MII�R�ESOTA RrSQLLiTIOi�' 1�Q. 01-3(2S-10 R�SOLUTIO\' �STABLISHIhG TH� RIVERFRONT RE�ATSSAi�'C� TAX I\'Cl2�ME\T FI\'An`CI\G DISTRICT Ai�'D ADOPTI\G THE TA7i I\Cl2L'nZEi�T PLAi\' TFI�REFOIL� I �VI-IEF.EAS, it has 6een proposed that the Board of Commissioners (the "Board").of the 2 I-Iousin� and Redzvelopment Authority (thz "HRA") for the City of Saint Pzul (the "City ") adopt 3 the ta� increment financin� plan (the "Plan") for and establish the Ri��erfront Renaissance T1� 4 Increntent Pivancina District, all pt�rsuant to liid in conformitp �ti�ith esistino law, includin� 5 ivfinnesota Statutes, Section 469.174 to 4G9.179, inclusicz, as lmended, al! as reflected in the Plan 6 and presented for the Board�s considzration; and S ��'HEP`EAS, the HRt\ has investi�a[ed the facts relatin� to thz estabfishmznt of the 9 Riverfront Renaissance Ta� Increment Financin� District, and has caused th: Plan to be prepared; 10 and 11 12 lVHEREAS, the proposed de�'elopment 1s desctibed in the P1an, in the opinion of the HRA, 13 ��•ould not reasonably be expected to occur solely through private im•estment within the reasonable 14 foreseeable future, and, therefore, the use of tas increment financin� is deemed necessary; and 15 16 17 is 19 20 21 �� �VHEREAS, the HRA has performed all �ctions required b}• la�ti• to bz performed prior to the fldoption of the Plan, but no[ limited to, notification of Ramsey Count}' and School District No. 62>� havinQ taxiiig jurisdiction over the property to be included in Riverfront Renaissance Tax Increment Financin� District, a request for revie��� of and tivritten conunent on the Plan by the City Plannin� Commission, and a request that the Council schedule a public hearin� on the Plan upon published notice as required by la�v. 23 1�TOR', THEREFOIZE, BE IT RESOLVED bp the Board as follo���s: 24 ?5 The HRA hereby� finds that the creation of the Riverfront Renaissance Tar Increment 26 Financin� District is in the public interest and is a"redeveiopment aistricr unaer rviinn�s��n 27 Statutzs, Section 469.174, subdi��ision 10; and has set forth the reasons and supporting facts for its 28 determination in «Titino, attached hereto as E�hibit A. ?9 30 2. Conditioned upon the approval tliereof by the City Council follot�'in� its public (9630i3et o1-y�o 31 hearin� tl�ereon, the Plan, as presented to the HRt1 on this date, and ��•hich is attached to and made 32 1 part of tl�is resolution, is hereby approved, established and adopted and shall be placed on file in 33 the oftice of the City Administrator. 34 35 3. Upon approval of the Plan by the City Council, the staff, the HRA's advisors and 36 legal cotmsel are authorized and directed to proceed with the impiementation of the Plan and for this 37 purpose to nepotiate, draft, prepare and present to this Board for its consideration all fi�rther plans, ;S re;olutions, CIOCll411CI11S �111C1 CORtC8Cl5 IlCCCSSfli} for this pur�ose. Appro�al of the Plan dnes no! 39 constitute appro��al of any pro}ect or a Development A�reement «�ith anp de�•eloper. 40 41 42 43 4 �1 4� 4G 47 4. Upon approval of the Plan by the City Council, the HRt1 Dirzctor is authorized to forGG•�rd copies of the Plan to the Ramsey Cotmty Auditor flnd the MinnesotaDepartment of Revemie pursuant to Minnesotl Statutes 469.17�, subdivision 2. Approved by the Board of Commissioners of the Housin� and Redeti•zlapment Authority of tlie City of St. Paul this 2Sth da}' of b4arch, 2000, ' I9630i3v1 . 2 o�-�li� EXHIBIT A TO RESOLUTION NO. 01-3125- �p The reasons and facts supporting the findings for the adoption oftlie Ri�•erfront Renaissance Taz Increment Finlncin� District (the "Tax Inaement Districc") as required pursuan[ to Minnesota Statutcs, Sectiai 4G9.17�, Subdi�•ision 3: Finding tirrtt tlee Disirict is a"rerlevelop»tent dislricL" This Tax Increment District qualifies 1s a rzde��elopmznt district because the followin� conditions exist — in a manner reasonablq distributed throu�hout the district: parcels consisting of 70 percent ofthe area of the district are occupied by bui(din�s, streets, utilities, or other improvements and more than 50 percent of the buildin�s, not includin� outbuildings, 1re stnicturally substandard to a d�gree requirin� substantial reno�'ation or clearance,ls mare fiilly described belou•: A. The Project is in the P.iverfront Redevelopment Project Arza established by the Housin, and Redeeelopmen[ Authority of thz City ofSaint P1ul, ��fiose boundaries �re larger than the boundaries of the Tax Increment District. B. Thz Ta� Increment District consists of 69 contiguous parcels and other public right- of-wap that consist of 4,4�4,617 square fezt. C. Prior to the creation of the Tas Increment District, parcels constitutin� 4,330,345 square feet -- 97 ? 1%-- of the area of the Ta� Increment District « occupied (at least I S% co�•ered) by buildinas, streets, utilities, or other impro�'ements (collecti�•el}� "Improvements"). The Impro�•ements «'ere reasonabl}' distributzd throughout the Ta� Increment District. D. Prior to its creation, tl�e Ta� Ineremznt District cantained ele��en total buildings. Of these eleven buildin�s, the followin� nine «�ere structurally substandard: 1. 63 South Robert Street 2. 19� South Robert Street 3. 0 South Robert Street 4. 60 East Plato Boule<<ard 5. 1 �Vater Street Nest 6. 266 Shepard Road 7. 41 ChicaQo Avemie East 8. 34 East Fillmore A�•enue 9. 162 ��'abasha Street South vl� �!3 "Structuralty substandard" is understood to mcan con[ainin� defects in stiuctural elements or 1 combination ofdeficiencics in essential utilities a�id facilities, in li�ht and centilation, fire protection includin� adequate egress, la}•otd flnd condition of interior partitions, or similar factors, ���hich defects or deficiencies arz of suf6cient total si�niFicancz to juscif}� substantial renovation or clearance. 2. Pi�trlistg thrrt tlte praposed developmeuf ivo:ilrt t:ot rensos:nbli� be expected to occtrr sofels• f6ro u� k I�rivr.l:� rn sz:s[rxerif x�it(t in flrc rensonnGl�•jnresc�r��rh/efulure anrt IGnt tlre increosed rxrr�•hef value oJtlte site thal can reaso�rablr be e.rpecfed in nccur iritleout ilre use of inx increment finaacin,; ivoald Ge less t(tcut ilre ifurease in fhe ��mrket v�rlr�e estin:rrled io resullfi•ant tlrc� praposed developnrer:t afterstrbtr•trcting tlee presenf i•altie of ihe projecferf trtx i�icrements for 1Le nmxitx�un dtn•t�tio�t of the tlislrict pernritted by t/ee plau. Due to thz hi�li cost of development on the parcels includine the cost of land lcquisition, demofition and rehabilitation oFsubstandard structures, soil coirzction, flood remediation, pollution abatzment, le�al costs associated with titlz «•or�, constructing neti�• public infrastructure, constructin, parkin� facilities, and financin, tl�e proposed improvements, this project is feasible onl}' tluou�h assistance, in part, from tax increment fiiiancin;. A contparative analysis of estimatzd market �•alues both �cith and �ci�hout establishment of the Ri�•erfront P.enaissancz Tax Incremen[ Financin� Dis?rict and the use of tax iucrements has been performed as described lbove. If al! deretopmznt �ehich is proposed to assist �vith ta� increment �ces•e co occuc in the P.i��erfront Renaissance Site, the total increased market ��alue ��•ould be up to �170,S7�,000. It is thz HRA's findinR that there �could be no sienificant increase in the base snnrket value expected to occur ��'ithin 2� y�ears ��'ithout the use of tax incremznt financin�. This finding is based upon er•idence from general past eaperience ���ith the hi�h cost of pro�•idin� public impro�'einents in the general area of this District. 3. Fitidirig tkat flte Riverfratt Reiraissm�ce Trr.r Incremeat Fi�rrurciitg District ca jorn:s to !ke ge�rerrt! pla�t for tlte develop»�enf or rerlere(optrten( of ilae nuu�icipality rts a wlzole. The Ri�•erfront Renaissance Tat Increment Financin� Plan has been re<<ien•ed by the HRA and has been found to conform to the general development and redzti�elopment plan of the City. Tlie plan conforms to the 1937 Riverfi•ont RedeYelopment Project flren as amended in 2000. The plan also conforms to the Saint Pcad on the bfississippi Derelopnrent Fr•a+nefrol•k, «'hich ���as adopted in 1997, the tiUest Side Flats De�'elopment Strate�}', whicli was adopted in 2001 and the Upper Landing Urban DesiQn Mastec Plan, �vhich �vas adopted in 2001. Q, FlilflJti� tltctt Ute fa.r iacreruettt fiaa�tcing plan r��il! tt jjord mn.citnuf�: opportunit}) consistent rcith tbe soar�d rieeds of the conrt�:rrnity ns n ivhoJe, for fl:e derelopment or rerle�•elop�rtent vf fGe�r•ojecl b}� prirafe er�t�rprise. 1979233�'1 A-4 o►-4t3 Private enterprise ��•ill buiid and occupy the facilities proposed to be constnicted as part of tlie Tax Increment Financina Plan. 5. I'ittdi�zg tlzaf the tr:ttt:icipnlify elncts fhe »:ethorl of tax ittcreft:es�t corripttfafiort seffortlt iti Secfiot:469.Z77, Sr�bdivision 3, clnrtse (a). The HRA and the City have elected to compute the fiscal disparities contribucion for the Disiricc in accoida�re «itl� Scctio�; hG9.i 77, S,iUdi��ision 3, clausc (� �. I Ili7 C8i)1l1fCi� 11Ci t �� capacit}� of the District ��•ill not be reduczd in order to ma.l a fiscal disparities contribution. 1979233vt A-5 �E DS Side 97 . G�ant_(Sp_cify') O;h>r Funds to be : Private Financing_ PROJECTED ' �USES OF�UNDS Pubiic Park Faciiities Sociai, Recreafional Interest Reduction Payments TIF Bond ! Note Principat Paymenh � TIF Bond Note interest Pavments Administrati Costs Pollution Abatement �er Uses £ Municipal t Low / Modf USES Drake i i e � Side �1 oi-�t�'3 TAXINC ` (i) � '- ' �Affoldahle �TotalSources Housing � �,____ 569 0 160,775,3a6 0 p� p 000 - 0 50,584,800 �6� 0� 6,000,000 D 0' 0 0 Oi G 0 Oi G OOJ --- O' 6.05� OC:, 25, 000, 000 ( 25,ODO,�GO 000 0� � �54,337,10� -- --j i C � 0 i c � e 569 25 000 0 0 402,587.25Q � 'Affordable Totai Uses iHousin 000� 5,000,000 � 6,357,000 000 p �,555,000 0 0 �200,006 �QO 0 26,415,552 000 0: . 2,2i0.00C 0 0 � I 300.OU? --- o ' e o' c 000 0; { SO,SB:,BCJ 000 0; 66,8t'o,9o': 000 0 6,00O,OOQ 41d 0 1.983.47c 000 0 t4.319,6<3 000 0: � 54,375,00'v 000 0 � 552.00G 000 0; S,OOO,OOG ,151 0 7,572,075 ' 0 G 0 0 � 1,277.6C'v ,000� 16,250,000' 22,750,OOu Q. 0 2,729,SOG 0' 3,750,000 i 7,459,167 � 0� 0 ; I c i � � Totai Uses i 22,635,955 � 101,87A,728 253,070,So9 25,000,000 � 402,5£ Sources overUses ! 0� 0 0. 0' t) Other numbers represented in the Pian will be adjusted to reFlect this Sources and Uses ?)Estimated S5.5 million pay-as-you-go note vdil be issued for the West Side Flats Corporate Campus for a total523,255,000 in bonds and notes Estimated S15 million pay-as-you-go note wili be issued for the Upper Landing Project (or a totzl of 545,000,000 in bonds and notes n2 � 03f2812001 � r Resolution # Green Sheet # \c�9 ya r� .�i 2 0 Presented By Referred To covncil File #� C\— y��J Committee: Date TI� CITY OF SAINT PAUL RAMSEY COUNTY STATE OF MINNESOTA Council member 6 7 introduces ttie following resolution and moved its adoption: RESOLUTION NO. 9 RESOLUTION APPROVING A BUSTNESS SUBSIDY AGREEMENT, 10 ENVIRONMENTAL INDEMNITY AND 30INT PLEDGE AGREEMENT, AND 11 AUTHORTZING OTHER ASSOCIATED DOCUMENTS ALL IN CONNECTION WITH 12 THE U.S. BANK OPERATIONS CENTER TO BE CONSTRUCTED ON THE WEST 13 SIDE FLATS 14 15 16 17 18 19 20 21 22 23 24 ?5 ?6 �� 8 9 WHEREAS, the City of 5aint Paul, Minnesota (the "City") andthe Housing and RedevelopmentAuthorify of the City of Saint Paul, Minnesota (the "HRA") have been engaged in on-going negotiations with Atlantic Financial Group, Ltd. (the "Developer") and U.S. Bank, Nafiona7 Association (the "Bank") regarding the lease by the FIRA to the Bank of an approximately 6 3!4 acre site located in the "west side" of the City, which is bound by a meandering line approximately 130 to 1601ineal feet south o£ the Mississippi River on the north, Robert Street on the east, and by planned Fairview and Livingston Streets which aze to be constructed on south and west, respectively (the 'Bank Project Area") and the construction thereon by the Developer of an office project and parking facilities (the "Bank Project"), all as more fully described in the Redevelopment Agreement (the "Redevelopment Agreement") to be entered into among the HRA, the Developer and the Bank; and WHEREAS, the Bank Project Area is in the City's 1987 Riverfront Redevelopment Project Area and Riverfront Redevelopment Plan (the "Redevelapment Plan"), as amended, and is included in the Tax Increment Financing Plan for the Riverfront Renaissance Tax Increment' Financing District (the "TIF Plan"), a redevelopment district as authorized by Minnesota Statutes, Section 469.174, Subdivision 10; and 0 WHEREAS, the Bank Project Area currently consists of improved parcels which aze in the city's 100-year 1 flood plain and are contatninated by industrial pollutants, and will require extensive preparation and remediarion 2 prior to redevelopment, including but not limited to removal of buried structures and debris, removal of 3 contauiniated soil, filling, grading, piling and compacting of the site; and WI3EREAS, pursuant to the Redevelopment Agreement, it is anticipated that the HRA will issue tax � increment bonds and notes (the "TIF Financing") to fmance, in part, the costs to be incurred by the Developer � zo�o6z��i • ' 4t-'�113 3fi in the remediation of the Bank Project Site, the prepazation of tkie Bank Project Site for construction of the Bank 38 Project, and certain other public redevelopment costs and that taY increments collected form the Bank Project 39 Area and the Bank Project wiii be pledged to the payment of the TIF Financing pursuant to a JoSnt Pledge 40 A�eement (the "Pledge Agreement") from the City and the HRA; and 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 WF�REAS, as a condirion to the issuance of the TIF financing and the lease of the Bank Project Area to the Bank the I3RA wili requite the Bank to sign a Business Subsidy Agreement (the "Business Subsidy Agreement") in the form attached to the Redevelopment Aa eement, setting forth certain wage and job goals for the Bank Project; and WI�REAS, as a condifion to the construction of the Bank Project, the Bank and the Developer have requited that the City agree to (a) apply to the Mimiesota Department of Trade and Economic Development ("DTED") Contamination C1ean up Grant Program for grant funds to be applied to the remediation of the Bank Project Area and (b) execute an Environmental Indemniry in fauor of the Developer and the Bank (the "Environmental Indemnity"); and WI-IEREAS, the City has determined that the redevelopment of the Bank Project Area and the conshucfion of the Bank Project thereon, is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saint Paui, Minnesota as foliows: 59 1. The Council hereby approves the terms and conditions of the Susiness Subsidy Agreement, the 60 Environmental Indemnity and the Pledge Agreement (collectively, the "Agreements") in substantially the forms 61 submitted, and authorizes the Mayor and other appropriate officials of the City to execute the Agreements. The 62 Agreements shall be executed 'an substantially the form submitted, with such changes therein as may be deemed 63 necessary or desirable by City staff and counsel to the City to complete information, correct or clarify the 64 language thereof, or to make such changes as will best effectuate the intent thereof. In the absence of any of the 65 authorized signatories, lus or her designee shall execute the Agreements in his place with the same force and 66 67 68 69 effect. 2. Once the agreements have been executed and delivered, the Council delegates the authority to approve, execute and deliver future amendments to the Ap eements in connecrion with the transactions 70 contemplated thereby to the Execufive I}irector the City's Department of Planning and Economic Development, 71 provided that such amendments do not materially adversely affect the interests of the City and are acceptable in 72 the form and substance to the City Attorney, or other counsel retained by the City to review such documents. 73 74 3. All documents, instruments, certificates and other items necessary to implement the Agreements 75 shall be executed by the Executive Director the City's Depariment of Flatming and Economic Development upon 76 approval of the form thereof by the o� ce of the City Attorney. �� '8 Approved by the Council: April 25, 2001 '9 2070627v1 o�-�t� Adoption Certi By: Approved by Ma Hy: 2�7Q627v Requested by Department oE: Plannin & Economic De elo ment r By: Approved by Financial Services By: Foxm Appraved ���b� £ied by Council Secretary _V� � � BY: yor: Date / Approved by Mayor r Submissi o ouncil ! � � 1 $Y° 1 � ' Adopted by Council: ➢ate Q O O DEPARTMENT/OFFICElC9UMCII.: DATE IlYITTATED GREEN SHEET No.:106942 o�.y�� PED Apri116, 2001 CONTACl' PERSON & PHONE: � 1�7T1AL/DATE INPI7AGDATE Marie Franchett 266-6702 z D�enxTn�x r n� s ci�covrrcn. MI7ST BE ON COUNCII. AGENDA BY (DATE) �IGN ? CITY ATI'ORNEY� _ CITY CLERK IVIrMgC g 4 FINAt3CIAL SERV DIR. FSNAISCiAL SERVfACCTG APL1I ZS�Il FOR ROUTING 5 MAYOR (OR ASST.) _ CML SERVICE CONA�IISSION ORDER TOTAL # OF SIGNA'1'URE PAGES _(CLIP ALL LOCATIONS FOR SIC.IN.4TORE) acr[ox �QirFS►•En: Resolution approving a business subsidy agreement, environmental indemnity, a joint pledge agreement, and authorizing other documents in connection with the U.S. Bank project. RECO1vIIvIENDA7TONS: Approve (A) or Rejec[ (A) PERSONAI, SERVICE CONTRA("fS M[JST AIVSWER TfiE FOLLOWING QUESTIONS: PLANNING COMNIISSION 1. Has this peison/ficm ever worked under a contract for this department7 CIB COMbIITTEE Yes No CIVIL SERVICE COMbIISSION 2. Has fl�is person/fum ever been a ciry employee? Yes No 3 Does [h�s person/firm possess a skill not normally possessed by any current ciTy employee? Yes No Explain all yes answers on separate sheet and attach to green sheet IN177A1'ING PROBLEM, LSSUE, OPPORTONITY (Who, What, When, Where, Why): On July 26, 2000, the f1RA authorized execufion of a Memo of Understanding for the US Bank project. The Memo of Understanding called for providing tas increment fmancing for the US Bank project. ADVANTAGESIFAPPROVED: � Construction of 350,000 sq.ft. of office building space, as the first phase of a mixed-use urban village development for the west side flats azea. Consolidation of approximately 2,150 US Bank employees at this location. DISADVAN'I'AGES IF APPROVED: None. DISADVA,NTAGES IF NOT APPROVED: The project will not move forwazd. TOTAL AMO[1NT OF'CRANSACTION: $46,732,512 COSTBEVENUE BUDGETED: FONDING SOURCE: Riverfrout Renaissance TIF 1 � ACTIVITY NUMBER: �� Ll " 1�O� � • �-L�. L' O f�CF� NQ� - Ll3 r "r � f2r'[ FIlVANCIALINFORMA110N:(EXPLAliV) ���' �hLrP'G'clnev�"F ! h� T ��-Y� l� Issuance of TIF Revenue bond5 and residual pay as you go note. Bonds will be $15,75Q000. ,itc 1-Fe4 Skc�:� vt�r�1 �� {�vtl dr.���S K \Sba��PeA�FRRANCHE11USCOUVCilresotif.wpd .� - a! -4i� Housing and Redevelopment Authority of the City of Saint Paul, Minnesota CERTIFICATE OF RECORDING SECRETARY The undersigned hereby certifies as foliows: That she is the duly appointed, qualified Assistant Secretary of the Housing and Redevelopment Authority of the City of Saint Paui, Minnesota, herein called the "Locai Pubiic Agency"; � 2. That the attached RESOLUTION NO. 01-3l28-10 is a true and correct copy of the resolution as adopted on the 28th day of March, 2001; 3. That the seal affxed below constitutes the official seal of the Local Public Agency and this Certificate is hereby executed under such of;iciai seai; and 4. That the undersigned is duly authorized to execute this Certificate. IN WITNESS WHEREOF, I have hereunto set my hand and the seai of the said Housing and Redevelopment Authority of the City of Saint Paui, Minnesota, this 30th day of March, 2001. � � " ,� �i "(�L�- f y 1 Ass stant Secretary a►-4�3 spo�,sored Uy: Commissioner Colematt I-IOUSING AIv'D R�DEVELOPVIE�IT AUT�-IORITY OF TI-I� CITY OP SAINT PAUL RAMSEY COUNTY STATE OF MII�R�ESOTA RrSQLLiTIOi�' 1�Q. 01-3(2S-10 R�SOLUTIO\' �STABLISHIhG TH� RIVERFRONT RE�ATSSAi�'C� TAX I\'Cl2�ME\T FI\'An`CI\G DISTRICT Ai�'D ADOPTI\G THE TA7i I\Cl2L'nZEi�T PLAi\' TFI�REFOIL� I �VI-IEF.EAS, it has 6een proposed that the Board of Commissioners (the "Board").of the 2 I-Iousin� and Redzvelopment Authority (thz "HRA") for the City of Saint Pzul (the "City ") adopt 3 the ta� increment financin� plan (the "Plan") for and establish the Ri��erfront Renaissance T1� 4 Increntent Pivancina District, all pt�rsuant to liid in conformitp �ti�ith esistino law, includin� 5 ivfinnesota Statutes, Section 469.174 to 4G9.179, inclusicz, as lmended, al! as reflected in the Plan 6 and presented for the Board�s considzration; and S ��'HEP`EAS, the HRt\ has investi�a[ed the facts relatin� to thz estabfishmznt of the 9 Riverfront Renaissance Ta� Increment Financin� District, and has caused th: Plan to be prepared; 10 and 11 12 lVHEREAS, the proposed de�'elopment 1s desctibed in the P1an, in the opinion of the HRA, 13 ��•ould not reasonably be expected to occur solely through private im•estment within the reasonable 14 foreseeable future, and, therefore, the use of tas increment financin� is deemed necessary; and 15 16 17 is 19 20 21 �� �VHEREAS, the HRA has performed all �ctions required b}• la�ti• to bz performed prior to the fldoption of the Plan, but no[ limited to, notification of Ramsey Count}' and School District No. 62>� havinQ taxiiig jurisdiction over the property to be included in Riverfront Renaissance Tax Increment Financin� District, a request for revie��� of and tivritten conunent on the Plan by the City Plannin� Commission, and a request that the Council schedule a public hearin� on the Plan upon published notice as required by la�v. 23 1�TOR', THEREFOIZE, BE IT RESOLVED bp the Board as follo���s: 24 ?5 The HRA hereby� finds that the creation of the Riverfront Renaissance Tar Increment 26 Financin� District is in the public interest and is a"redeveiopment aistricr unaer rviinn�s��n 27 Statutzs, Section 469.174, subdi��ision 10; and has set forth the reasons and supporting facts for its 28 determination in «Titino, attached hereto as E�hibit A. ?9 30 2. Conditioned upon the approval tliereof by the City Council follot�'in� its public (9630i3et o1-y�o 31 hearin� tl�ereon, the Plan, as presented to the HRt1 on this date, and ��•hich is attached to and made 32 1 part of tl�is resolution, is hereby approved, established and adopted and shall be placed on file in 33 the oftice of the City Administrator. 34 35 3. Upon approval of the Plan by the City Council, the staff, the HRA's advisors and 36 legal cotmsel are authorized and directed to proceed with the impiementation of the Plan and for this 37 purpose to nepotiate, draft, prepare and present to this Board for its consideration all fi�rther plans, ;S re;olutions, CIOCll411CI11S �111C1 CORtC8Cl5 IlCCCSSfli} for this pur�ose. Appro�al of the Plan dnes no! 39 constitute appro��al of any pro}ect or a Development A�reement «�ith anp de�•eloper. 40 41 42 43 4 �1 4� 4G 47 4. Upon approval of the Plan by the City Council, the HRt1 Dirzctor is authorized to forGG•�rd copies of the Plan to the Ramsey Cotmty Auditor flnd the MinnesotaDepartment of Revemie pursuant to Minnesotl Statutes 469.17�, subdivision 2. Approved by the Board of Commissioners of the Housin� and Redeti•zlapment Authority of tlie City of St. Paul this 2Sth da}' of b4arch, 2000, ' I9630i3v1 . 2 o�-�li� EXHIBIT A TO RESOLUTION NO. 01-3125- �p The reasons and facts supporting the findings for the adoption oftlie Ri�•erfront Renaissance Taz Increment Finlncin� District (the "Tax Inaement Districc") as required pursuan[ to Minnesota Statutcs, Sectiai 4G9.17�, Subdi�•ision 3: Finding tirrtt tlee Disirict is a"rerlevelop»tent dislricL" This Tax Increment District qualifies 1s a rzde��elopmznt district because the followin� conditions exist — in a manner reasonablq distributed throu�hout the district: parcels consisting of 70 percent ofthe area of the district are occupied by bui(din�s, streets, utilities, or other improvements and more than 50 percent of the buildin�s, not includin� outbuildings, 1re stnicturally substandard to a d�gree requirin� substantial reno�'ation or clearance,ls mare fiilly described belou•: A. The Project is in the P.iverfront Redevelopment Project Arza established by the Housin, and Redeeelopmen[ Authority of thz City ofSaint P1ul, ��fiose boundaries �re larger than the boundaries of the Tax Increment District. B. Thz Ta� Increment District consists of 69 contiguous parcels and other public right- of-wap that consist of 4,4�4,617 square fezt. C. Prior to the creation of the Tas Increment District, parcels constitutin� 4,330,345 square feet -- 97 ? 1%-- of the area of the Ta� Increment District « occupied (at least I S% co�•ered) by buildinas, streets, utilities, or other impro�'ements (collecti�•el}� "Improvements"). The Impro�•ements «'ere reasonabl}' distributzd throughout the Ta� Increment District. D. Prior to its creation, tl�e Ta� Ineremznt District cantained ele��en total buildings. Of these eleven buildin�s, the followin� nine «�ere structurally substandard: 1. 63 South Robert Street 2. 19� South Robert Street 3. 0 South Robert Street 4. 60 East Plato Boule<<ard 5. 1 �Vater Street Nest 6. 266 Shepard Road 7. 41 ChicaQo Avemie East 8. 34 East Fillmore A�•enue 9. 162 ��'abasha Street South vl� �!3 "Structuralty substandard" is understood to mcan con[ainin� defects in stiuctural elements or 1 combination ofdeficiencics in essential utilities a�id facilities, in li�ht and centilation, fire protection includin� adequate egress, la}•otd flnd condition of interior partitions, or similar factors, ���hich defects or deficiencies arz of suf6cient total si�niFicancz to juscif}� substantial renovation or clearance. 2. Pi�trlistg thrrt tlte praposed developmeuf ivo:ilrt t:ot rensos:nbli� be expected to occtrr sofels• f6ro u� k I�rivr.l:� rn sz:s[rxerif x�it(t in flrc rensonnGl�•jnresc�r��rh/efulure anrt IGnt tlre increosed rxrr�•hef value oJtlte site thal can reaso�rablr be e.rpecfed in nccur iritleout ilre use of inx increment finaacin,; ivoald Ge less t(tcut ilre ifurease in fhe ��mrket v�rlr�e estin:rrled io resullfi•ant tlrc� praposed developnrer:t afterstrbtr•trcting tlee presenf i•altie of ihe projecferf trtx i�icrements for 1Le nmxitx�un dtn•t�tio�t of the tlislrict pernritted by t/ee plau. Due to thz hi�li cost of development on the parcels includine the cost of land lcquisition, demofition and rehabilitation oFsubstandard structures, soil coirzction, flood remediation, pollution abatzment, le�al costs associated with titlz «•or�, constructing neti�• public infrastructure, constructin, parkin� facilities, and financin, tl�e proposed improvements, this project is feasible onl}' tluou�h assistance, in part, from tax increment fiiiancin;. A contparative analysis of estimatzd market �•alues both �cith and �ci�hout establishment of the Ri�•erfront P.enaissancz Tax Incremen[ Financin� Dis?rict and the use of tax iucrements has been performed as described lbove. If al! deretopmznt �ehich is proposed to assist �vith ta� increment �ces•e co occuc in the P.i��erfront Renaissance Site, the total increased market ��alue ��•ould be up to �170,S7�,000. It is thz HRA's findinR that there �could be no sienificant increase in the base snnrket value expected to occur ��'ithin 2� y�ears ��'ithout the use of tax incremznt financin�. This finding is based upon er•idence from general past eaperience ���ith the hi�h cost of pro�•idin� public impro�'einents in the general area of this District. 3. Fitidirig tkat flte Riverfratt Reiraissm�ce Trr.r Incremeat Fi�rrurciitg District ca jorn:s to !ke ge�rerrt! pla�t for tlte develop»�enf or rerlere(optrten( of ilae nuu�icipality rts a wlzole. The Ri�•erfront Renaissance Tat Increment Financin� Plan has been re<<ien•ed by the HRA and has been found to conform to the general development and redzti�elopment plan of the City. Tlie plan conforms to the 1937 Riverfi•ont RedeYelopment Project flren as amended in 2000. The plan also conforms to the Saint Pcad on the bfississippi Derelopnrent Fr•a+nefrol•k, «'hich ���as adopted in 1997, the tiUest Side Flats De�'elopment Strate�}', whicli was adopted in 2001 and the Upper Landing Urban DesiQn Mastec Plan, �vhich �vas adopted in 2001. Q, FlilflJti� tltctt Ute fa.r iacreruettt fiaa�tcing plan r��il! tt jjord mn.citnuf�: opportunit}) consistent rcith tbe soar�d rieeds of the conrt�:rrnity ns n ivhoJe, for fl:e derelopment or rerle�•elop�rtent vf fGe�r•ojecl b}� prirafe er�t�rprise. 1979233�'1 A-4 o►-4t3 Private enterprise ��•ill buiid and occupy the facilities proposed to be constnicted as part of tlie Tax Increment Financina Plan. 5. I'ittdi�zg tlzaf the tr:ttt:icipnlify elncts fhe »:ethorl of tax ittcreft:es�t corripttfafiort seffortlt iti Secfiot:469.Z77, Sr�bdivision 3, clnrtse (a). The HRA and the City have elected to compute the fiscal disparities contribucion for the Disiricc in accoida�re «itl� Scctio�; hG9.i 77, S,iUdi��ision 3, clausc (� �. I Ili7 C8i)1l1fCi� 11Ci t �� capacit}� of the District ��•ill not be reduczd in order to ma.l a fiscal disparities contribution. 1979233vt A-5 �E DS Side 97 . G�ant_(Sp_cify') O;h>r Funds to be : Private Financing_ PROJECTED ' �USES OF�UNDS Pubiic Park Faciiities Sociai, Recreafional Interest Reduction Payments TIF Bond ! Note Principat Paymenh � TIF Bond Note interest Pavments Administrati Costs Pollution Abatement �er Uses £ Municipal t Low / Modf USES Drake i i e � Side �1 oi-�t�'3 TAXINC ` (i) � '- ' �Affoldahle �TotalSources Housing � �,____ 569 0 160,775,3a6 0 p� p 000 - 0 50,584,800 �6� 0� 6,000,000 D 0' 0 0 Oi G 0 Oi G OOJ --- O' 6.05� OC:, 25, 000, 000 ( 25,ODO,�GO 000 0� � �54,337,10� -- --j i C � 0 i c � e 569 25 000 0 0 402,587.25Q � 'Affordable Totai Uses iHousin 000� 5,000,000 � 6,357,000 000 p �,555,000 0 0 �200,006 �QO 0 26,415,552 000 0: . 2,2i0.00C 0 0 � I 300.OU? --- o ' e o' c 000 0; { SO,SB:,BCJ 000 0; 66,8t'o,9o': 000 0 6,00O,OOQ 41d 0 1.983.47c 000 0 t4.319,6<3 000 0: � 54,375,00'v 000 0 � 552.00G 000 0; S,OOO,OOG ,151 0 7,572,075 ' 0 G 0 0 � 1,277.6C'v ,000� 16,250,000' 22,750,OOu Q. 0 2,729,SOG 0' 3,750,000 i 7,459,167 � 0� 0 ; I c i � � Totai Uses i 22,635,955 � 101,87A,728 253,070,So9 25,000,000 � 402,5£ Sources overUses ! 0� 0 0. 0' t) Other numbers represented in the Pian will be adjusted to reFlect this Sources and Uses ?)Estimated S5.5 million pay-as-you-go note vdil be issued for the West Side Flats Corporate Campus for a total523,255,000 in bonds and notes Estimated S15 million pay-as-you-go note wili be issued for the Upper Landing Project (or a totzl of 545,000,000 in bonds and notes n2 � 03f2812001 �