Loading...
253521 oce�ctNw�rb ctrr c�ereK ���� y CITY OF ST. PAUL FI�ENC�� NO � . OFFICE OF THE CITY CLERK COU IL ESO ON ENERAL FORM PRESENTED BY COMMISSIONE ATF RESOLVED, Tha.t the proper City officers are hereby authorized and directed to execute on beha.lf of the City of Saint Paul Contract for the Purcha.se of La.nd between the City and the Housing and Redevelopment Authority of the City of Saint Paul, pertaining to the acquisition of the site for the Ma.rtin Luther King Neigh- borhood House, a copy of said Contract being attached hereto and incorporated herein by reference. FORl1A� PPR6 st Cor r i n oun I APR 91971 COUNCILMEN Adopted by the Counci� 19— Yeas Nays �,� �R g �g��� Carlson A 19� Levine v T*+ Favor Meredith Sprafka ✓ yor A gainst Tedesco Mr. President, McCarty ppR 1 ? 1971 PUBLISHED�.�... . � 55 East Fifth Street, Saint Paul, Minnesota 551 01. Edward N.Helfeld,executiue c_iorertor. phone 223 5218 . � R�� ���',� HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAI�1T PAUL, MINNESOTA Mr. k'illiam Patton April 7, 1971 Assistant Manager of Parks 545 City Hall and Court House St. Paul, Minnesota 55102 Dear Mr. Patton: Pursuant to our telephone conversation, I am enclosing three copies of the Contract for Sale of Land for Redevelopment by a Public Body for the sale of the Martin Luther King Site to the City of Saint Paul for execution. Should you have any questions, please call me at 4955. Sincerely, , Dick Buddingh Real Estate Counsel Anthony A. Danna, Henry R. Thomas, Rosalie L. Butler, Orville E. Anderson, Donald P. Del Fiacco, Victor J. Tedesco, Kenneth J. Lynch cn�;,���n _ , . . . . . � , • _ Q,...^�,..,:�i�!"" CONTRACT FUR SAtE 0 � LAND FOR F'"�`���� Fi T� D � V F L 0 P 2•1 E N T B Y A P IJ R I. I C I3 0 D Y AGREEMENT (hereinafter called "��reement") made on or as of the ?nd day of Decer=:'::,er , 19 70, by and between the HOUSING AND REDF,��ELOPMiNT AUTHORITY OF TtIE CITY Ok SAIhL PAUL, MINNESOTA, a public body corporate and politic of �he State of :iinnesota (hereinafter . called "Agency") tiaving its office at � 55 East Fifth Street itz the City of Saint Paul, State of Minnesota, and CITY OI' SAII�'T PAUL, a public body corporate and politic of the State of Minnesota (hereinafter called "Public - Body") having i�s office at the City Hall and Court House in the City of Saint Paul, State of Mi_nnesota. WITI�F.SSETH: WHER�AS, in furtlierance o£ the objectives of the Minnesota State �Iousing Act of 1947,• as amended (M.S.A. 462.581) , the Agency has undertaken a program for ttie clearance and reconstructioiz or rehabilitation of slum and blighted areas in the City of Saint Paul (hereinaftez called "City") , and in this connec- tion is en�aged in carrying out �n urban renetaal project known as the "Sununit- UniversitS� Urban Renewal Yroject, Minn A-1-1" (hereinafter called "Project") in � an area (hereinafter. called "Project Area"} located in the City; and ' tdHER�AS, as of ehe daCe of the Agreement, there hns been pr.epared anu approved by the Agency a Redevelopment Plan (tiereinafter referred to as ttie "Urban Renewal P1an") for the Pro�j�ct, consisCi.ng of the "Redevelopment Plan for the Su�nit- Uni.versity Urban P.enewal Project, Minn A-1-1", approved by the A�ency on April 24, 1968, by i.ts Resolution No. 68-4/2.��-4 and ai�proved by ttie City Council of_ the City on riay ?_3, 1968, by P.esoluti.on No. 23F3795 (wtiich Plan, as ir may hereafeer be amended from tzme to time, pursuant Lo laws, and as so constituted from time to time, is unless otherwise indicated by the conteYt, herei_nafCer called "tlrban »,,..�....., ,�, _._��� . __.., , WHEREAS, a copy of the Urban Rene��al. Plan as constituted on the date of the A�reement has been recorded among the land r.eco�ds for the place in which the Project Area is situate, namely, in the office of the Clerk of the Register of Deeds, Ramsey County, Minnesota, in Boak 2179 of Ramsey County, at page 616, as � Document No. 175001, and in the office of the Registrar of Titles, Ramsey County, Minnesota, as Document No. 53509I; and WHEREAS, in order to enable the Agency to achieve the objectives of the Urban Renewal Plan, and particularly to malce land in the Project Area available (after acquisition and cl.earance by the Agency) for redevelopment by a public , entity for and in accorc�ance with the uses specified in the ITrban Renewal Plan, both the Federal Government and the City have undertal:en to provide, and have provided, substantial aid and assistance to rhe �'�gency through an Early I,and Acquisition Loan dated June 28, 1968, in the case of the Federal Government and Ea Cooperation Ap,reement, daL-ed May 29, 1968, in the case of. the City; NOW THEFtF.k'ORE, each of the parties hereto, for and in consideration o£ the premises and the mutual obligations herein cloes hereby covenant and agree with `the other, as follows: � AR'rICLE I. G�?�?Ec�L TE:?�i.°i OF COi��'rYANGE dF YROPF.RTY Sec. 1. Sa7_e and Purchase Price. Subject to all the terms, covenants, and conditions of the Agreement, the Agency will sell certain real property i.n the ' Project Area more particularly described i.n Schedule "A" annexed herete and made a part hereof (4�hich proper.t�, as so descrit�ed, is hereinafter called "Property") , to the Public Body for, and the Public Body will purctiase tl�e Property and pay to th� Agency therefor. , the amount of Twelve Thousand, Two Hundred and no_/100 ' Dollars ($12,200.00) hereinatter called "Purchase Price". Such payment s}iall be in cash, or by such check as shall be sar_isfactory to the A�ency, at the time and pince provided herein. -2- Sec. 2. Conveyance. The Agency shall co�vey to the Public }�ody, upon . pa}rment in full of the Purr_hase Fr. ice by the Public Body, title L-o the Property by quit clairn deed (hereinafter called "Deed") . Such conveyance sha11, in addition to all other conditions, covenants, and restrictions set forCh or referred to else- where in ttte Agreement, be subject to: (a) Reservations to the State of Minnesota in trust for the taxing districts concerned of minerals and mineral rights in those portions of. the property the title to which may have at any - time tieretofore been forfeiteci to the State of Minnesota for non-payment of generaZ property taxes. , (b) Any law, ordinance or gover.nmental regulation, including but not limited to, building and zonin� ordinances restricting, regulating, or pratiibiting the occupancy, use, enjoyment, � � improver�ent, or subdivision of the Property. (c) Easements for utilities reserved under Chapter 228 of the . Legislative Code of the City as a condi�ion of the vacation of public streeLs a�ld alleys within the property, to�ether with an1� easement for public streets, sewer and water system, -and such other easements or rights-of-way as are designated appror.imately in�the Redevelopment P1an. Sec. 3. Deli�rer�of. Deed. The Agency shall deliver the Deed and possession of the Property to the Fublic Body on TT�y a_ , 197] , or on such earlier date as the parties hereto may mutUally agree in writing. Conveyance shall be riade at 55 East Fiftt� S�reet, r�nd the Public Body shall accept s�ich conveyance and pay to the Agency at such time and place the Purchase Price. Sec, 4, Recordati.on of Deed. The Public I3ody shall promptly file the Deed for ehe recar.datior� amozig lartd records of �.�hicti the Property is situate, The Public Body shal.l pay all cost for so recordin�; the Deed. -3- Sec. 5. bwner�s Title Polic�. At closin�, the Authority sh�ll deliver �o the Public Body a cammitment for assignment of An Owner's Title Insui-,.nce Yolicy � without cust to the Public Body in the amount of the Purchase Price of the Property issued by Title Insurance Company of Mfnnesota insuring good and marketable fee simple title to the Property free and clear of all restrictions, emcumbrances, and conditions except those expressly set forth and contained in L-his A�reement and those statidard exceptions cotztained in the standard A.T.A. Title Insurance Forms. Promptl}* after closing, the Agency shall deliver to Che Public Body the assigned Owner�s Tit1e Insurance Policy in accordance with the provisions of this paragraph. ARTICLr, II. PR�PARATION OF PI?OPERTY FOR P.EDEVFIOPi1E?�TT Sec. 1. Preparation of Prooert:v. The Agency shall, prior to conveyance of the Property and without expense to the Public Body, prepare the Property for redevelopment, 47211C�1 preparation shall consi.st of the following: (m) Work to be Performed b� the A�ency. The Agency has accomplished all decr:olition, remavals, filli.ng and grading within the Property in accordance with Lhe Redevelopment Plan and tltis Agreement,excep:.- as sllown in sub-paragraph (c) following. , �b) Removal of Public Utili_ty Lines. The remaval or abandonment by the Agency or by the appropriate Public Body or Public UCility Company of a].1 utility lines, installations and facilit�.es and related equi.pment within or on the property in accordance witli the Urban Renewal Plan. (c) Remuval of: Pavi.n�;. The Agency shall be obligated to remove any paving (includiil� caY_ch baszns, curbs, guL-ters, drives, and sidewalks) , WI.C}1111 or on the Pro��erty. ARTICL?; 7II . COT<S7'RIJCTION OF I?�PROVE�fF.i�'TS ` Sec. l., CansL-r.ucti.on Requii-ed. The Redeve_loper will redevelop the Property by consLructi.on therc.on of a Nei.ghboriiaod Facility Buildin� together �aith n parking area (hereinaf.ter- collectivel.y called t;1e "Improvements") and all plans _l,.. and specificatio�zs and a�l taork by the Public Body with respect to such rede- velopT�en�� of t}�� Pro�.eit.y ax;d the cor�sCrt�crion or thc r?�Zlcing of other improve- cnents Chercori, if any, shall be in conformi.ty �aith the Urban Renewal. Pla.n, the Agreement, and all �pplicable State and local laws. Upon written request of the Agency from time to time, the Public Body will deliver to the Agency, plans with respect to the Improvemeiits ta be constructed or otherwise made by the Publi.c Body on the Property, in sufficient completeness and detail to show that the In�prove- ments and construction thereof will be in accordance with the provisions of the Urban Renewal Plan and the Agreement. Sec. 2. Tir..e for Construction. The Public Body agrees for i�self, its successors and assi�ns, and every successor in inGerest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Public Body for itself 2T1C� such successors and assigns, that the Public Body shall begin the redeveLopm�nt of the Property through the construction of the Improvements Chereon, within si� (6) months £rom the date of the Deed, and. diligently proceed to com- plete such construction raithin twe]_ve (12) �nnnths from such date. It is intended and agreed, and the Deed shall so e�:pressly provide, that the agreernents and covenants of the A�reement pertaining to the Improvements shall. be covenants � running wi.th the land and that they shall, in any even[, and without regard to technical classiiication or designation, legal or otherwise, and er.cept only as specifically provided in the Agreemet�t, be, to the fullest extent permitted by law and equity, bindin� for the benefi.r_ of the community and the Age��cy and enforceable by the Agency against the Public Body, irs successors and assi.gns, and ever.y successor in intere�t to the 1'ropeity, or any parC ther.eof or any inter.e�t ttzerein. Sec. ? Renort on Prcy;ress. Subsequent to conveyance of the Pr.oper.ty or ai�y part theri.of to ti�e Puhlic Bociy, and unLil construction of. the I�,�proveraents h�s been completed, the Yubl.ic Bod}* shall , Upon 4lritten request of the Ag,ency, r make, in such detail as may reasonably be required by the Agency, and fGrwar.d to the A�;enc�� a �.-�-itten �eport as to the ac�t�a1 progress of tl�e Pnblic Bociy with respect ta sucit cor�struction. Durin� such period, the work of the Public Body shall be subject to inspection by the Agency. � Sec. 4-. Access to Proper_ty. Prior to delivery of possession of rhe Property to the Public Body, the Agency shall permit the Public Body access thereto, when- ever and to the extent necessary to carry out the purposes of this and other sections or provisions oi the Agreemei�t; and subsequent to such delivery, the Public Body shall permit access to the Property by the Agency and the City when- , ever and to the extent necessary to carry out the purposes of this and other sections or provisions of the Agree�nent. � ' Sec. S. Certificate of Comnle.tion. Promptly� after completion of the Improve- ments in accordance taith the provisions of this Agreement, the Agency sha11 fur- �nish the Public Body taith an appropriate instrur.ient so certifying. Such certi- fication by the Agency shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of. satisfaction and term�nation of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of t}ie Public �oay, its successors and assigns, and every successor in interest to the Proper.ty, to construct the Improvements and the dates for the beginnin,c�, and cor�pletion thereof. All certifications provided for in this Section shall be in such form as will enable them to be recorded with the Register of Deeds for the County of Famsey. ARTTCLE IV. LAt�D tJS ES Sec. 1. Restrictions on I.atzd Use. The Public Bady agrees for itself, its successor.s �nct assignG, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Public Bady for itself, and such saccessors and assfg,ns, that the Public Body and such suc- cessors and assigns, shall : -6- . (a) Devote the Property to and only to and in accordance with, the uses . spe.cifi.ed in t,�c. Urban Renctaal Plan, as the same may hereafter be amended from time to t�,me; and (b) Not discriminate upon the basis of race, color, religion, sex or national origin in khe sale, lease, or rental or in the use or occupancy ot the Property or any ImprovemenCs erected or ta be erected thereon, or any part thereof. Sec. 2. Effect of Covenants; Period of Duration. It is intend�d and ag�eed and the Dec:d sha11 so e��pressly providc, that the agreements and covenants prn- vided in this Article IV shall• be covenants running wi.th the land and that they shall, in any event, and without regard to tectinical classification or desi�nation legal or otherwise, and er.cept only as otherwise specifically provided in the Agreement, be to the ft�llest extent permitr.ed by law and equity, binding for the � benefit and in favor of, and enfor.ceabl.e by, the A�ency, its successors and assigns, the City, a�ld the Unieed States (in ehe case of the covenant provided in subdivision (b) of Section 1 of this Article IV) , against the Publ.ic Sody, its successors and assigns, �nd every successor in interest to the Property or any part thereo£. It is further intended and agreed that the Agreement and covenant � (a) in subdivision (a) of Section 1 of tt►is Article IV shall remain in effect until May 28, 1998, (at whi.ch time such agreement and covenant shall tezrninate) , and (b) in subdivisio�z (b) of such Section 1 shall remain in effect without limi- tation as to time. Sec, 3. Enforceabili.ty by Ar;ency and L)nited S�ates. In amplification, and not in restriction, of the provisions of Section 2� of thi.s Article IV, it is intended and a�reed that the A�ency sha11 be deemed a benef_iciar.y of the agreen,ents and covenants provided in Section 1 of this Article IV, and the Uni.ted Stat:es shall ' be deemed a benefzciary of ttie covenant provided in subdi�ri.sion (b) of such Section 1, both for �nd in their or its own ribht aiid also for the puzposes �f protectin� w�_ the interests of the cor,�munity and other parties, public or privaL-e, in wtlose favar OL" fOT �+':lUSC-. '.�enefit SUC�1 �'�4�2"E'_ci�CI1L5 1':RC� CqV�'L1:i1tS 1?^V`" 't?�:E'Yl j?1"O''.%'LCiP.::. �11C11 agreements and covenants shall. (and the Deed shall so state) run i.n £avor o� th� Agency and the United States for the entire period during which such Agreements and covenants shall be in force, without regard to �,�hether the Rgency or the United SL-ates is or has been an owner of any land or interest therein to, or in favor of, which such agreements and covenants relate. The Agency shall ha�,=e the right, in the event of any breach of any such agreement or covenant, and the Ut�ited States shall have the right, in the event of any breacll of the covenant provided in subdivision (b) of Section 1 of this Article IV, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of �greement or covenanL-, to - which it or any o�her beneficiaries of st�ch a�;reemeizt or covenant may be entitled. ARTICLE V. T.'RO��IBIT.IO;�S AGAINST ASSIC'^;2�EI�T At�D TfZJ�P;SI'FR Sec. ].. Repi-esenLation as to P.edeveiopment. The Public Bady represents nnd agrees that its purchase of the Property shall be for the purpose of redevelopment of the Property in accordance with the Urban Renewal Plan �nd the Agr.eement. � Sec. 2. Prohibiti�on P.�ainst Tr.ansfer of Propert_y and Assi�znment. The.Public � Body has not made or created, and will not, prior to the proper completion of the Improvements, as certified by the Agency, make or create, or suffer to be made or created, (a) any totcal or partial sale, canveyance, or lease of the Property, or any part rhereof or. interest therein, or (l�) any assignment of the tlgreemcnt, or any part thereof, or (c) any a�;reement to do any of the fore�oing withoitt the prior wr.irten approval. of. the Agency. Such approva� shall be on such conditi.on as the Asency may i.n its exclusive discretion determinc, including, but not l.imited to, Lhe assumption by the praposes transferee, by instr.ument in �.�riting, £or itself and i�s successors attd assigns, arl<1 for the benefit of the Agency, of all obli- gations of the Puhlic P ody undcr the A�;rcement, _�_ . ARTICLF 1�'I'. P.rt,q�'i)TrS S�c, 1 , z�oL-ice of Dc��ault:. I;z tl�� event of any default under or breach oi any o� the te:�_:,�s a� condiGions of the Agreement by either party hereto, or any successor or assign of, or successor in interest to, the Property, such party or successor shall upon written r.otice from the other proceed to remedy or cure such default or breact� within sixty (60) days after receipt of such notice. In case such action is not tak�n or diligentl�* pursued or the default or breaeh shall not be cur_ed or rei;�edied within a reasonable time, the aggrieved party may institute such praceedinGs as may be necessary or desir.able in its opinion to cure or remedy such default or breach or to obtain damages therefor, including but not limited to ` roceedin s to com�el s ecific P Y , p performance by the party iri default or breach of , its obligations. Sec. 2. Termination. by Publi.c Body, In the event that: f (a) The Agency does not tender conveyance of the Pro�erty or pos- session thereof in the manner and condi.tion, and by the date � provicied in the Agreern�nt, and any such failure sha11 not be - cured W1tt11I1 thirty (30) days after written demand by the Pub- lic Body; , . (b} The Public Body does not enter into a Loan and Grant Contract k�ith the Federal Government for the Nei;hborhood Facilities �� Grant Application for the Dr. Martin Luther King Service Center; then the A�reement shall at the option of the Public Body be terminated, and neither the A�ency nor the Public Body shall have any further ri�hts a�ainst or liability to the other under . t}ze Agr.eemezlt. Sec. 3. Ter.mination b1 Anc��. -ncY. In the. event that prior to conveyance of the Property to the PuUlic Body and in violation of the Agreement the Yublic Body (and any successor in interes�) assi.Gns or attempts to assign the Agreement or �ny rights herein ox• in the Property, or ttie Public Body does not pay the Purchase Price for atid tal:e tit�le to tlie Pro��erty upon proPei- tender of corive}�ance by Lhe -9- Agency pursc�ant to tiie Abreement, ttien the Agreen�ent and any rights o` t1�e ?'«b��c �OCj�� UY' dil)� SUCCE'SSOY Ol �i5S7.t�Tl Of t-�1^ �Lii)11C iiOGV O� �.:1^I15fC?}:!'e' O{ t:ilE.' 1�T"Oj)F�1���1 und�r Lhe A�reer.:ent or arisin�; therefror;�, with respect to the l.�ency or the Property, sha11 at the option of the Agc.ncy be terminated by the Agency. In such event, except for the right of the A�ency to dama�es for such breach afforded by law, neither the Public Body (or assi�nee ox transferee) nor the Agei�cy shall }iave any fur.ther rights a�ainst or liability ta the other under the Agreement. Sec. 4. Delays reyond Control. af ParC9_es. For the puxposes of the Agreement, neither the Agency nor the Public Body, as the case may be, nor any successor of either of them, shall be considered in br-each of or in default under its obligat- ions with respect to the preparation of ttie Property for redevelopment�, or ti�e begin�lin� and completion af construction of the ImE�rovements, or progrc�.ss i.n _ respECt tl�ereto, in the event of enforced delay in ttie performance of such obli- gations due to unforseeable causes beyand its control and wi.thout its fault or negli�ence, including, but not restricted to, acts of God, acts of publi.c erremy, acts of the Government, acts of ehe other partyr £ires, floods, epidcmics, quaran- tine restrictions, strikes, freighe embargoes, and unusually severe weaL-her, or delays of subcontractors due to such causes, it being the purPose and intenC of. � this provision that, in tt�e event of the occuxrence of any such enforced delay, � the time or times tor perfornlance of the obligations of the Agency wi.th respect to constiuction of the Im}�rovements, as the case may be, shall be e�tended for the period of the enforced delay; provided tt;at �the party seeking the benefit of the provisions of this Section shall , within l-en {1.0) da)•s after the beginning of any such enforced delay, have first notified the other party l:hcreof in writing, and of the cause or causes tt�ereo£ and reqt�ested ai� eYten�ion for the period of the enforced delay. °" Sec. S. Ri.yc;hts and Remedies Cumul.ati.ve. 'I'he ri�l��s and remedies of the parties ta the A�reement, whcther provided by law ar Ly tile �greement, shall be -10- cumulative, and the exercise by either party of any one or more of such remedies sha11 not preclude the exercise by it, at the same or different times, of any other such remedies �or the same default or breach, or of any of its remedies for __ any other. default. or breach by the other party. No waiver made by either party with respect to the performance, or manner or tine thereof, er any obligation of t the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver caith respect to the particular obligation of the other party or condition to its ocan obligation beyond those expressly �aaived and to the extent �hereof, or a waiver in any respect � in regard to any other rights of the party making the waiver or any other obli- gations of the other party, iv'o such waiver shall be valid unless it is in writing duly signed by the party waiving L'he right or rights. ; ARTICTE VII. MISCELLAi1E0JS YP,OVISIONS Sec. 1. Conflict of lnter.est. No member, official or employee of the Agency shal2 have any personal interest, direct or indirect, in the Agreement, nor shall any sech r:,ember, official, or employee partica.pate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the Agency shall be personally liable to tlie Public Body or any successor in interest in the event of ar�y 'default or breach by the � Agency or for any amount whicn may beceme due to the Public Body or successor or on any obligations under the terms of the Agreer�ent. Sec. 2. � ua1 Emplo��ent Opportunity. The PubLic Body, for itself, and its successors and assigns, agrees tnat it wi.11 include the fo11o�•�ing provisions of this Section 2 in every contract or purchase order which may hereaf�er be entered into between the Public Body and any party (hereina£ter ii� this Section called "Contractor") £or or in conne�tion with the construction of the Impro�ements, or any part thereof, provided for in the Agreement unless such contract or purchase -11- � order is exempted by rules, regulations, or orders of the Secretary of Labor issued pvrsuant to Section 2�4 of Executive Order I12�E6 of September 24, 1965: � � - "Sec. Equal Employment Opportunity. During the performance of this contract, the Contractor agrees with the Public Body as follows: � (a) The Contractor caill not discriminate against any employee or applicant for employment because of race, creed, color, or nati.onal origin, and after October 13, 1968, because of race, color, religion, sex, or naLional origin. The Con- tractc�r wi11 taice affirmative action to ensure that applicantis are employed, and L-hat emplayees are treated during employment, without regard to their race, creed, color, or national origin, and after October 13, 1968, without regard to their race, color, religion, sex, or national_ origin. Such action shall include but• not be limited to, ttie follcwin�: employr,ient, upgradinb, demotion, or transfer; recruitment or recruitment advertisino; � Zayo£f or termination; rates of_ pay or other forms of compen- sation; and selection for trait�ing, including appzenticeship. T11e Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be pro- vided by the Agency setting forth the provisions of this non- . discrimination clause. � � (b) The Contractor will, in all solicitations or adver- tisements for eraployment placed by or on behalf of the Contractor, state that all qualified applicants wi.11 receive consideration for employment �vithout regard to race, creed, color, or national origin, and after October 13, 1968, without regard to race, color, reli�ion, se:�, or natioc�al oribin. . i �12- (c) The Contract�r will send to eaclz labor union or repre- sentative of workers with which the Contraetor has a collective bargaining agreement or other contract or understandin�, a � notice, to be provided, advising the labor union or workers rep- resentative of the Contractorts commitments under Section 202 � of Executive Order 11246 of September 24, L965, and shall post copies of the notice in conspicuous places available to employees and applicants for employ�ent. (d) The Contractor will cor:.ply with all provisions of � Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish alI information and reparts required by Executive Order 11246 of September 24, " 1965, and by the rules, regulations, and orders of the Sec- retary of Labor or the Secretary of Housing and Urban Develop- ment pursuant thereto, and will permit access to the Contractor's books, records, and accounts by the Agency, the S�cretary of Housing and Urban Developrent, an3 the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, an� orders. � (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any o£ � such rul.es, regulations, or order.s, this contract may be can- celed, terminated, or suspended in whole or in part, and the Contractor may be declared ineli�i.ble for further Goverr.ment contracts or federally assisted construction contracts in accordance with procedures auttiorized in Executive Orcer 11246 � -13- of Sep�ember 24, 1965, and such other sanctions as may be iraposed and remedies invol<ed as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the � Secretary of Labor, or as otherwise provided by law. - .- � (g) The Contractor will include the provisions of Para- graphs (a) through. (g) of this Section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 2�4 of Executive Order 11246 of September 24, 1965, so that such provisions �rill be binding upon each subcontractor or vendor. The Contractor will talce such action with respect to any construction contract, subcontract, or purchasa order as the Agency or the Department of Housing and Urban Develop- ment may direct as a means of. enforcing such� provisions, including sanctions for nonconpliance: Protiided, ho�eever, that in the event the Contractor becomes involved in, or is - threatened with, litigation with a subcontractor or vendor as a result of such direction by the Agency or the Department � of Housing and Urban Development, the Contractor may request the United States to enter into such liti_�ation to protect the interests of the I'nited States." . For the purpose of includin� such provisions in any construction contract or purctiase order, as required by this Section 2, the term "Public I3ody" and the term "Contractor" may b� chanoed to reflect appropriately the name or designa- tion of the parties to such contract or purchase order. A ti�rit�en affirmative action program is required. The prirne contractor is to develop and subr.tit to ttie Public Body, ttiree capies of his affii-mative action program. The prime contr.actor is to sixbiait to the Pi�blic �ody, wittiin fifteen (15) days c�f the 1'ublic �3ody's request of parti.cular s��b-contractors, tt�r.ee copies ,�. _ of affirmative action proUrams of each such sub-contractor. The objective for the prime contractor ac�d each sub-cantractor is to approach a 4% minority employ- ment in each craft. . The Public Body will hold, or cause to be held with the Contractor, a pre-con- struction conference for the purpose of effectuating the provisions of this Section 2. . ,` Sec. �. Notice. A notice or corununication under the Agreement by either party to the other shall be sufficiently given or delivered if dispatched by re�istered mail, postage prepaid, return receipt rec(uested, and (a) in the case of a notice ar communication to the Public Body, is addressed as follows: City of Saint Paul, Room 347, Ci.ty Hall and Court House, Saint Pat.�l, Minnesota; and (b) in the case of a notice or communication to the Agency, is addressed as io2lows: Housing and Redevelopment Authority of the City of Saint Paul, riinnesota, 601 Northwestern National Bank Puilding, 55 East Fifth Street, Saint Paul, riinnesota; . or is addressed in such other way in respect to either party as that party may, from time to time, designate in wriLing, dispatched as provided in this Section. � Sec. 4. Agreement Survives Convevance. None of the provisions of the Agreernent is intended to or shall be merged by reason of any deed transferring title to the Property from the Agency to the Public Body or any successor in interest, and any such deed shall not be deemed to affect or ir�pair the provisions and covenants of the A�rcen�ent. Sec. 5, Counte�arts. The Agreement is executed in three (3) cotmterparts, ' each of which sha11 be deemed to be an original, and such counterparts shall con- stitute one and the same instrument. / -15- � IN WITNESS W}�EREOF, the Agency has caused the Agreement to be duly executed in its behalf and its seal to be hereunto a�fixed and attested; and the Public Body has caused the same to be duly executed in its behalf, on or as of the day and year first above written. Zn the Presence of: HOUSII�'G AND REDEV�LOP���NT AUTHORITY � OF THE CITY OF SAINT PAUL, MINIV�SOTA � � , , � , . � . , . ., „ ( . � _ , . , . � ;, - j , , /` . � � B , - �'� y ' , ; , , , �. . . . ,� - .{ .t •. ; . � ��... t. Its ir��s���.er ,; --- s��rr�_= � / '�r _,-✓ �. _.f;.. � �r`,�_. _ -_� _'S���C /'- ';/�i� �` �,�'1•,� I �y E--� � t �,, . :, ,__ - (Seal) � Its Chairrn:�n� �!,: � � Attest: (Countersigned by:) CITY �F SAINfi PAUL . By Its I�iayor CoMptrol_l.er . � sy (Seal) Its Clerk By � Its Commissioner of Parks, Recreation, and Public Buildings i -16- . . � � n S C H E D U L E " A " All that certain parcel or parcels of land in the City of Saint Paul, County of Ramsey, State of Mznnesota, more particularly described as follows; All of Lots four (4), five (5) and si.x (6) of j�Iest Side A.nnex of Marshall�s � Subdivision of Block twent}*-seven (27) of Mackut>i.n and riarshall�s Addition; Al1 'of Lots seven (7) , eight (B) , ni.ne (9) and ten (10) , and part of Lot eleven (11) of ti7hiting�s Subdivision of Marshall 's Subdivis�.on of I31ock twenty-seven (27) of Macl:ubin and Mar:;hall �s Addition; A11. of Lots onc (1) , two (2) , three (3) , four (4} , and five (5) 8i1C� �3art of Lots six (6} , seven (7) , and eiF;ht (8) of R.C.L. and T.C. Subdivisic�n No. 1 of Marshall 's Sub- division ot E�I.ock twenty-seven (27) of Aiackubin and Marstiall 's Additiott; All o£ Lots eleven (11) , twelve (12) and thirCeen (13) and parL- of 1,ots � ei.ght (8) , nine (9) , ten (10) and fourteen (1.4) , Blocic four (4) , Auditor's Subdivision Pdo. 31, and all that par.t of vacated Iglehart Avenue. All. lying within the follo�•:ing descri.bed lines: Cor.ur,encing at the Southwe.sterly corner of said R.C.L. and T.C. Subdi.visi.an No. 1, being the point of inter- section of tlte North line of i�tarsllall Avenu� c'iI1Q' the East l.ine of Kc�n� Street; thence North (assumed bearinr,�) along Che East line of Ken� Street r ninety-two 2nd ninely-eight hundredths (92.9F3) feet to the point of bet;ir.ning; klience North ei.f;hty-nin� degrees, £orty-eight minutes, fi.�ty seconds (8°�[+�' 50") Isast para11e1 wittt t�i<�rshall. Avetlue two hutidr�d fort:y-�even (247.0) fee.t; thence A'orth ane hundred :.inety-four (194.0) fe�t; thence T'orth eighty-nine ' dc�grees , fort}�-eight minutes, fifty seconds (�9°48`50") i�.<�st one hur�dred thirty-eight (138.0) ieet; thence T�orth one hun�red sevent}*-fi.ve and sir,t:y- five hundreuths (175.65) fee."t; thence South ei�hty-nine deg;rees, forc.y-nine minutes, forty-five �econds .(89��+9'47") t>>esl alonp the I�or.tl� lin� of I�ots eleven (11) , l:en (10) , nine (9) , eight (8) and seven (7) i.n said T1�hiti�lgt s Subdivision t�ao hundred fifty-ei�hL (25F3.0) feeC; thence North along Che East line of Lot four (4) of said t•Iest Side Anne>: seven (7.0) feet; thence South ei�hty--nine degrees , Lwenty-nine minutes , thirty seconds {89°29'30") �dest al.ong the T;orth line of Lot four (4) of said West Sidc Annex one hundred ' t�•renty-seven (127.0) feet; thence South along the East li.ne of Kent Str.eet � three huncired seven�y-six (376.0) feet to the point of beginni.ng.