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268678 WHI7E - CITV CLERK - PINK - FINANCE G I TY OF SA I NT PAiT L Council � � CANARV - DEPARTMENT � BLUE - MAVOR File NO. �� 'l Resolution Presented By ' Referred To Committee: Date Out of Committee By Date WHEREAS, By Council Resolution #266730 the Council of the City of Saint Paul approved a contract between the City and Metropolitan Council whereby the Metropolitan Council would grant the City the sum of $500,000 for the acquisition of the Watergate site; and WHEREAS, The contract between the City and Metropolitan Council expired on January l , 1977; therefore, be it RESOLVED, That the Council of the City of Saint Paul authorizes the proper City officials to execute an amendment to the contract extending the contract period to January l , 1978. COU[VCILMEN R ted by Department of: Yeas Nays � �,� � o unit Services Hozza In Favor Hunt 1 � � Levine �� __ Against Roedler -�lueste,� Ted Adop y Council: Date MAR 8 �9n Form Approved y Ci Attorn y rtified ed by ' Secretar BY B �_. App ed by iVlayor. D t 10 1977 Appro d by Mayor for Subm� sion t Co il By - BY pUBL1SHED MAR 1 9 1977 Contract No. 7606 FIRST AMENDMENT TO GRANT AGREEMENT , �� BETWEEN THE METROPOLITAN COLJNCIL ADID THE CITY OF ST. PAUL FOR RECREATION OPEN SPACE ACQUISITION IN CROSBY LAKE-HIDDEN FALLS PAR�C The Parties hereto agree that the Grant Agreement which they entered into on the 12th day of February, 1976, relating to the granting of funds for the acquisition of recreation and open space land within the City of Saint Paul in Crosby Lake-Hidden Falls Park shall be, and is hereby, amended in the following particulars : Paragraph 7a is amended to read as follows : "7 . General Conditions . a. Duration. The period of grant award specified herein shall commence on the execution of this Agreement and remain in force and effect until January l, 1978 . At that date, all allocated grant funds , which have not been expended or otherwise committed by contracts , shall revert to, and become a part of, the Council ' s Parks and Open Space Fund, and may be reallocated or expended by the Council for other parks and open space development and/or acquisition purposes . " Except as amended hereby, the provisions of the above referenced Contract shall remain in force and effect without change. IN WITNESS WHEREOF, the parties hereto have caused t is Amendment to be executed by their proper authorities on this �! � day of December, 1976 . METROPOLITAN COUNCIL By APPROVED AS TO LEGAL John oland, Chairman FORM AND ADEQUACY: CITY OF SAINT PAUL � * Forrest . Nowlin, Jr. Metropolitan Council Attorney By George Latimer, Mayor By Assistant y t rney Director Department of Finance and Management Services � � . �.�v i� � _. _ _ . ��__ V lJ � � . P� ,�a� E��" a� _ � � � AGRi. L'MENT THIS AGREEi�:ENT entered into this lZ � day of �'-e1,.4ir.,t , 197�i, � by and bet��veen the METROYOLiTAN COUNCIL, estab:ished and created.by the Minnesota Sii1iC iCC�1Sac�illl�c l�y �CC�lOi1 '�73 .�23 of �viinIlESO�� Statutes , iiereinaf.er reierrcd t0 7S "Councii" , and the CITY nF SAIivT PAliL, a mu;�ic:pal corpora�ion o;ganized a;�cl ci:artcre�. ir, accorc�ance with the lativs of the State of A�innesota, nereinafter referred to as "Grant��c�" •, W.IiEREIaS , the Council with the acivice o: the Netropolitan Yarks and Upen S;?uc� C:o�r�m�_sion is authorized to make grants in aiu to park dis�ricts , counties aad mt►r,icip�li- ;i r�s lc�cated wholly ar partially within the m�tropolitan area for rccreation open space �:�urpos�s and to cover the cost or any portion o: the cost of acquiring or developinc; rc�yionai recreation o�en space in accordance with the Council's Recreatio7 Cpen �pace �� . l�evelo;ment GuiUe and Policy Plan; and VJi-iEREAS, the Grar,tee is an eligible gove:nmental unit and has n;�de ��anlica- tion fo� sucn a grant-in-aid to accor�Zplish the acquisition of recreation �nd ot�e;� spacc� ;ands loca�ed �vithin the City of Saint Paul, Ramsey County, Minnesota, known as �7e Crosby Park-�3idden Falls Recreatior� and Open Space Project hereinafter refer�ed to as ' "Project"; and WHEREAS , the Council has designated the project as an area to be acquircci and preserved for use as a regional recreation open space and has authorized that a grar�� be made; ' NOW, THEREFORE, the Council and Grantee agree as follows: (, . � � - �s�� 1. f't��Ci 1��:CCI,�i?U;t. �tt�lC}'1('Ci hereto and incorpor��teci :ili0 tl']1S , C�UCUlTI('Ilt dS Ei{Illl�li. !i iS h cE`Cjc7� CjLSCiiy'�ilOTl iii�Cl map locatir�g iriE' }�ll'C('1 V✓i11C}� i;�ay be acquireci li1 c3CCOrU�3;�Ce �'Jltfi ti�e pro- visions of this agrcement. The acquisition of the aforementioned • parcel constitutes �he project acquisiaon in its e;,tirety. 2 . Acquisition I olicy. In acquiring land with the rrant funds made available hereby, Grantee agrees to maximizc, as best i� can, the acquisition o� land and int��rest there�n including speciiically 1CS5 t;�ar. :�C interest, SllCll dS Opii0;15 , e�sements , dJ7Ci i eSE:Vd- tions to �ccomplis: nec�ssary land pres�rvation and holding �v�ich will proviue tl:c largest, long-term I3uL?ic recreation and open space ber.efit possible. To tnat end, �,��t��,.ar�r.�s�t� a. �'�'.�e�.�l in accord �vith adopted policy and strateay of �he • Grantee revie�ved wit�, ti�e Council st«if prior to acquisition and to accornplish all project acquisition (or l�ave enter�d into unconditional acquisition ag;temetzts or have instituted condemnation proceedings) witliin tne yrant perioc� and in . accord with represer.tations made in 1'roject Documentation`. � b. -��"e��eaas��'b�#f� � . ,�2ur,c,hE�S� �forr� ins;��g��ertri�r�icrzt-c� �� 'rr�'t�e�t�i�. c. Negotiate for and acquire tne lanca parcel at its fair market value �� determi;,ed in accord v�ith law, regulation and/or procedure govcrning lanu acquisition by Grantee in general. d. Comply with the provisions of Minnesota Statutes , Sections 117 .50 to 117 .56 and other applicable laws and regulations. e. Maximiz�: the use of its own personnel and internal services in connection with the auministration and accomplisi►ment of the Project. . � f. Minimize the execution and aciministrative costs associa�ed with the acquisition of the lands and interest therein. g. The Grantee v,►ill obtain the balance of funds needed for the acquisition of the Project site. h. To the extent permitted Uy law,•the Grantee does hereby agree to forego any tax er,uivalency payments required to be paid by the Council pursuant to Section 473.341 of the Minnesota Statutes. � -2- � �� 3. J1lltllO:ized Use o: G:an� Procceds . lt is uncerstood anci �grced that ' tne :ollo�ving listed necessary and incident costs and expc��ses shall be tne onl}� such costs anc chpenses pa:u out of gr�nt proceeds . Ir, • no event snal: the reimbursab;e costs �nd expenses allocated and to be p�id from �hc,se rrant fwzds excced the tot�l gr�nt amount provided fo: herein. Further, i� is unrierstood ti�at :est;ictions regarding the tise of r,rant proce^ds derived from Minnesota Statutes , Sections 473.30] through 473. 341, inclusive, and the obligation to comply �vith tne pro- visions o; these la�vs shall be a joint and several o:�ligation of t!;e Grantee ancl Council. Costs necessary anci incirient to the acquisition Oi ihC' I iOJCCt Si�c311 �'il(.' limited �O �;lE' iO110VViT1C�: COStS Oi jJ:OiE.'SSiO:l�yl services of appraisal, aerial photography, survey, reloc�tion and iegal costs performed by persons or orguni��tions not regular rnembcrs o: ,., the Grantec's staff or affiliated pubiic agency. Costs of acquisition shall • include any payrnents made by Grantee to Council rep:esenting the reim- ' bursement or waiver of �ax equivalency payments required by i�iinnesota Statutes, Section 473 . 341 to the er.tent t��a� sucn reimbursement payments made by Grantee are permitted by la�v. Costs of relocution incident to project acquisition snall be reimbursak�le as being includ�d within t;�e cos.s of ucc,uisition and the Grantee shall comply with t��e requirements of Minnesota Statutes , Section 1i7 .50 through 117.56. 4. PaZment oi Grant Pro�•eecis . 1'he Council agrees to make available to Grantee uuring tne period speciiied herein the��ro� -� � � � � �$��;i3�3'fi�for the purpose of accomplishing tne project and accruiring the lands and paying the costs and expenses autnorizeci pursuant to � paragraph 2 above. i��or�-�g��tt�r$"-��'�*r��ar�c'��1�`-�.+� • _ -- - -- . __ . _ _ .�sa.fi�a�c�j��r��b�i��"��r�� - ��- . -� . �3sAa��t ' •�a��r�s , • �i�a��r�fro _. ' ' -�, �'�'� � � � � f �� . Interest earned by Grantee on gr�nt funds shall be used an� expenaed by Gi'antee solely on allowable project costs and expenses. Grantee shall report the amount of such interest earned as , required by the Council. • 5. Accounting. Grantee agrees to establish and maintain a separate . account for the project and to maintain accur�te and complete accounts and records relating ta the receipt and expenditure of any and all gr�-�nt funds, including but not limited to ciocumcntation and information rclating to its determination of the price to be paid and/or offered for project Iancs and interest therein. Suc}� accounts and records shall be ):ept and maintui::ed for a period of at least three years following t�ie expiration of ti�e g;�ilt period. The above accounts and records of the Grantee shall 'De audi�ed � • -3- _ . �� in ihe same manr�er as tne other accounts �ncl recorcis of tne G:�ntec • are auuitec3 , and may be audited and/or inspected on Grantce's premises or o�herv�ise Uy individuals ar organiz�tions dc:sic;r,ated and autnorized by tne Council at any time following reasonable , rotification during the grant period and for a period o: three years subsequent thereto. 6. Reports . .C�a�� i��r� �,•, .,r�----...5 ds:�s�r~t;a��# .. - �''�'�t�[`�T'�= ��n�a�s��i��4��r�� aa��a�C�t�i�a�e ��,c�-�o��s��r�#:-�� :as�t�ensi��a►�e�t��xt showing project receipts and e�p?nditures in det�il, summarizing all project activity, including lands an� interest acquircd and containing an incieper.cient tiudit or certification by the Grantee's �; chief accountant that project funds were expcnded in accordance �vith tl-�is agreement. 7. General Conditions. a. Duration. a��++�r��g�a�ys+��:��n . . . �- --�� `' _-�,� ��d � �:�a�r�f��a�ie��t��j�t�a�` , : ?�i' . At that date all allocated grant funds , which have not been expended or otherwise committed by tne Grantee by contract, or are not reaso�zably er,pected to be paicl out in conncction with condemna- C_ tion proccedings instituted for that date, shall revert to and become a part of t:�e Council's P�r}:s ancl Open Space Fund and may be reallocated or expended by the Council for other parks and open space �cquisition and/or development purposes . � b. - �a- $'�Oi3-Ei�ii��E3 ��'{�TII�r'f�7'e!��Al J ��d��l�t3tN��i (1) . f � el (2) t a� i s ��• C . � -4- • �� • C. Ti��('C'illCilt c�':1:i 1,7�nSt!'1�11VC' (:U�'C.`i)cliit 1'Tl�il JiF:�c�iC:;]CC IO �1"n�'C'� ��c�T�C.�S , �iln+_��"'�-,$„'�.�a t3i3 - •--�__--�+��i+�t+�f+�LKK��+[�+c�t3t?��E'. • �r��"'�"fi. � �� . - 1 � , '��C�n . . . . ~ � .�ltt�t��/ in.•rc�nrnrma.'�,[:ta�a,,�' . �5�� providing that project l��nd acquired �vith grant p:ocecds shall not be convey�d by the G:antee wi�hout the prior writtenconsent o. the Council. ;. . - `��ive , er , � � . �,� 1 e��he c-n n S ri t r�� ` l'C%!�@ . �� a � t ��@�"'-�t S tla��e"t�- � ,. . . � 2 � _ �'s�+e�re a�r�°c� , 'y �� . , � � � - � , �it�u s e. d. Riqnts Rese.rved. In the event that the Council finds that there has been a failure to comply v�ith the provisions of this agre�ment, `� the Council reserves tne rig};t to take any and all suc;; action � that it deems neccssary or appropriate to protect tne interest of the Council. e. Ch�naes . The terms of this ugreement and ciuration thereof may be changed or modaiied by mutual agreement of the Council and Grantee. Such changcs or modif�cations shail be effectivc only on the execution of written amendments signed by tne authorized representatives of the Council and the Grantee. C , f. Nondiscrimination. The Grantee agrees to comply with all � applicable laws relating to noncii.scrimination, affirm�tive � action and public purchase, involvem�nt and use. In particular, Grantee ayr�es not to discrirninate against any employee or � applicant for employ►nent because of race, color, religion, sex � or national origin anc� to ta}:e affir;native action to assure that applicaiits and employees are treated equally with respect to the following; employment, upgrading, demotion, transfer, recruitrr►ent, lay-off, termination, rates of pay or other forms of compensation, . and selection for training. , IN WITNESS WHEREOF, the parties have caused this agreement to be executed � on tl�e day and year first above �vritten by their authorizeci representatives. ;--:•_,.�.,, � � ' �CITY OF S11?�"T NPt'-1UL :..�� . METROPO TA COUNCIL � . _ _ _.:.� __ � � ,� , A�`�, "'":�.,.u:.$X ..._ - .�_�. � - ti�. .. � ^ ' _ � ' `'�`� vi��ur � ,;�; Its _ . � . 2-�-�c By Director, epartment o`�inance and Its C ;Nanagement Services , �.i� �.�'l•t� , Approv d as to Form Approved as to Form: J r �� ^ . � �� c'� �� -ti� � ___ �,/� �'�-- � As� a- nt risi itt �y Forrest Nowli�h, Metropolitan Council Staf� Coii�� , ► . OM`02: IZy1975 _._ _.. _..._. , Rav. : 3�8/76. TIO�i OF ADMINiSTRATIVE OR�ERS. � h '�.. . ` S IC�NS, AND ORD!INANCES . _ ' � . .�.�i . r�.�.++�r�,� � � . . . ... . . RF� E� . � F�.62 VEp nmte: February �3, �9» �,�,qr��5 J97� � � : Tp; MAY4� GEORG� LATIMER . -. �' Robert Piram . � �' Amendment to grant agreQment contract with Metropoli.tan Council � on Watergate acquisition ' �� ACTION RES�iJESTEDs �----� _,.� , . ext�e�td tim� period of contract to' 1/1/78 . `� � � �a��.�� . . • r.; ' '� �� . , ",,�,._,.:,.� ; _ PURFt?SE AND RATTQNALE FOR THIS ACTIONs s + ; � � � � � � � �� Grant of #5�0,000 has not been receiv�ed because conde�anatian proceedir�gs � has taken longer than anticipated. A request was made to �tt+� t�tropolftar� . Council for the $�00,000 payment but the agreemen� must be extended first. �� , � ATTAC81�iEN2S: ' Council Resolution Copy of amendment to agre�nent , � � Copy of agreement � Copy of Cou�cil Resolution #266734 • �