269673 WHITE - CITV CLERK � � j'��-����
PINK - FINANCE CO�lI1C1I �� �' �-
CANARV - DEPARTMENT � G I TY OF SA I NT PAU L � �
BLUE - MAVOR- � Flle NO.
H� uncil Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the City of Saint Paul has entered into a four party
agreement for development of Block 7A with the Housing and Redevelop-
ment Authority of the City of Saint Paul, Minnesota, The Science
Museum of Minnesota, and Sherman-Antler Joint Ventu�e; and
WHEREAS, an amendatory agreement to substitute Fountain Develop-
ment, a Minnesota general partnership, for Sherman-Antler Joint
Venture, has been presented; and -
WHEREAS, the Housing . and Redevelopment Authority of the City of
Saint Paul, Minnesota has approved the Third Amendatory Development
Agreement, attached hereto, and has approved an Assumption Agreement
substituting Foun�ain Development for Sherman-Antler Joint Venture.
NOW THEREFORE, BE IT RESOLVED that the Third Amendatory Develop-
ment Agreement is approved, and the proper City officers are authorized
and directed to execute the Agreement.
COUNCILMEIV Requested by Department of:
Yeas Nays �
Butler
Hozza � In Favor
-�e v __ Against BY
Roedler
Sylvester
Tedesco AUG 3 O �977 Form Appro ed by City Attorney
Adopted by Council• Date
Certified ss y Council Secretary BY
i
Approve iVlavor: Date �'S�P � �97 Approv d by Ma or fot bmis ' to C uncil
By BY
PUBLISHED S�P 1 Q 1977
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GITY OF SAINT PAUL
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GEORGE LATIMEA AUCJUSt Z S� �.9 77
MAYO R
The Honorable Robert Sylvester, Council President
and Council Members
Attached is the Third Amendatory Development Agreement between the
St. Paul HRA, City of Saint Paul, The Science Museum of Minnesota, and
Fountain Development.
The Four Party Agreement and an Assumption Agreement substituting
Fountain Development for Sherman-Antler Joint Venture were approved by
the St. Paul HRA Board on August 24 , 1977.
The Four Party Agreement involves the various relationships that exist
between the entities who are constructing the medical office building,
apartment, and science museum on Block 7A.
Changes in the Agreement affecting the City -
1) fixes October 15, 1977 (one-half) and December 31, 1977
(balance) for payment to the City of $101, 959. 00 (subject
to verification by the City Architect' s office) ;
2) do not impose upon Fountain Development the obligation
of Sherman-Antler Joint Venture, and releases the Joint
Venture from obligation to pay as liquidated damages ,
three years debt service on ramp bonds in the event the
developer does not complete construction of the medical
office building and apartment complex.
On item 2) , Fountain Development, consisting of Sherman Investment
Corporation and Sheehy Properties , Inc. , will not accept the liquidated
damages provision. With merit, Fountain points out that the museum and
medical office and galleria will proceed; that whether the apartment
proceeds is solely up to MHFA; that to obtain MHFA approval, the
developer has committed substantial resources through commitments for
letters of credit and commercial space lease rental guaranties; and that
the liquidated damage provision creates an additional risk of loss which
is beyond their control and is therefore not acceptable to them, or, in
their opinion, to any other private developer.
The liquidated damage provision was properly incorporated into the
Develop�nt Agreement at a time when the City proceeded with ramp
construction upon the commitments from the air rights developers that a
museum, galleria, medical office and apartment buildings would be built.
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Construction of three of the four buildings is reasonably assured, and
with this and the potential for other development on the apartment site,
the City's interest is presently protected.
Your approval of the Third Amendatory Development Agreement is requested.
Yours truly,
�u�����
Georg Latimer
Mayor
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lst L�� ��'` � � 2nd .. � �D
3rd ��l-�` Adopted �
Yeas Nays
BUTLER
HOZZA
H�T ���46`�4
J�" LEVINE
ROEDLER � �
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TEDESCO
, , i
PRESIDENT (SYLVESTER) \
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