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03-1137Return copy to: @n) Real Estate Division 140 City Hall Presented By Re£erred To Committee: Date WHEREAS, the City of Saint Paul, acting through i�s Valuation & Assessment Engineer, has secured an agreement for the purchase of one pazcel of real property, described as follows: 1067 Marshall Ave. L,ot 24, Block 2, A. B. Wilgus Addition a WHEREAS, said property described is necessary for Jimmy L,ee Acquisition and Re-development 9 Project, said property was Final Ordered for acquisition on August 12, 1998 with Council File #98-752. io The value of the property for 1067 Marshall Ave. is One Hundred Sixty-Two Thousand Dollazs i� ($162,000) these being a fair and reasonable values as deternuned by an independent appraiser; and tz is WHEREAS, the Valuation & Assessment Engineer has recommended the purchase of said property at ia the recommended value; IS i6 NOW THEREFORE BE TT RESOLVED, that the proper City officials aze hereby authorized and » directed to enter into a Purchase Agreement (attached) for the above referenced property and pay Public rs Housing Agency of The City of Saint Paul (1067 Marshall Ave) $162,000 plus closing costs for the �9 purchase of said property. Said sum to be charged to Activity Code: CO3-3H022-0881-34141. Council File # �� �1 Green Sheet # � � �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA �,� � es . .. , $5,000.00 as earnest money ("Ear e, w Earnest Money shall be delivcred to Seller on or beYor av $157,000.00 in cash, certified check, cashier's check or by wire �ransfer of fnnds on the Closing Da�e (as hereinafter defined). 3. Closin . The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur within anet r�s after the date of this Ageement (the "Gosing Date"), as the same may Ue modificd below. Closin� shall take place at che office of Fabyansl<e, Westra � Hart, P.A., located at 800 LaSalle Avenue, Suice 1900, Minneapolis, Minncsota, 55402. Sellcr agrees to deliver posscssion of the Property to Buyer on the Closing Datc upon Seller's receipt o2 the Purchase Price. Notwithstandin� the foregoin�, Closing shall be conringent on Seller's reccipt of an approval (the ��qPproval" e sa e • • a ll-velopment ("HUD" Seller shall use its best efforts to obtain the Approval prior to Closing. 3.). Seller's Closin¢ Documents. n a e, e er s a 1 erecuce and deliver to Buyer the following (collectivcly, "Seller's Closing Documents"), all in form and con[cnt reason�b_1y_sadsfactory to Buyer: 3.1.1. Deed. lQ iu t Claim Dee (the "Aced") conveying ihc Real Yroperty [o Buyer, fre cica atl encumbrances, except the Permitted Encumbrances hereafter defined. M7V-14-2a03 16�01 FAHYRNSKE LRW FIRM PURCHASE AGREEMENT 612 338 3857 P.03i08 O� ,��� �� V THIS PURCTiASE AGRLEMENT ("Agrcement") is made as of I�'ovember _, 2003, by and betwecn the PUBLIC HOUSTNG AGENCY OF THE CITY OF SAIN"C PAUL, a public body corporate and polide ("Seller"), and CITY OF SAINT PAUL, a public body corporate and poliuc C`Buye�'). In consider�t�on of this A�eement, Seller and Buyer �;ree as follows: i, Sale o� ert�. Seller agrees to sell to Buyer, and Buyer a��es to buy from Seller, the following yroperty (collcctively, the "Property"): the real property located in the City of Sc. Paul, Ramsey County, Minnesota, and ]eoally described as Lot 24, Block Z, A.B. Wilaus Addi�ion to the City of Sain[ Paul (the "Land"), together with (1) all buildings and improvemcnts constructed or located on the Land (the "Buildin�s"), and (2) all easements and rights bcnefiting or appurtenant to the Land (collcctively, the "Real Froperty" or the "Property"). ?. PurchaSe Price and Manner of PaYment. The to�al purchase price (the "Purchase Price") to be paid for the 1'roperry shall be One Hundred Sixty Two Thousand and No/100ths Dollars ($162,000.00). The Purchase Price shall be payablc as follows: 2.1. 2.2 N:U'I.V EK�231740.doc 1 _ .NOU-14-2003 16�01 FRBYANSKE LRW FIRM 612 338 3857 P.04i�8 D3�it3� 3.1.2. FIRPTA Aftidavit. A non-foreign affidavit, properly executed, containing such informacion as is required by IRC Section 1445(b)(2) end i[s rcgnlations. 3.1.3. Well Cerdficate. A certificauon on the Dced certifying that there are no weils on the Property or a well certificate if there is a wcll. 3.1.4. Stord;e Tanks. lf the firoperty cont�ins or contained an undertrround storage tank, an affidavit with respect there�o, as reGuired by Minn. Siat. § 116.48. 3.t.S. Individual Sewaae Treatment Svstems. Tf the Propercy cont�ins an individu�il se�va�e crcatment system, a disclosure statement as rcquired by Minn. Stat. § 115.55. 3.1.6. Other pocuments. Aii documents reasonably determined by Buyer or Title to be nccessary to transfer thc Property to Buyer frcc and clear of all encumbrances, except the Permitted Encumbrances. ;.2. Buver's Closin� Documents. On the Closing Date, Buyer will executc and deliver to Seller thc fo]lowin� (collectively, "Buyer's Closing Dvcuments"): 3.2.1. Purchase Price. Funds representing the Purchase Price, by wire transfer and execution or delivery of a�zy required Seller's financing documents. 3.2:L. Certificate of Rca] Estate Value. A Cerrificate of Real Estate Value. 3.2.3. Other pocuments. All documencs rcasonably deteiminecl by Title to be necessary to uansfer the Property to Buyer free and clear of all encumbrances, except the Permi[ted Encumbrances. 4. Prorations. Scller and Buyer agree to the following prorations and allocalion of costs regardin� this Agreement: 4.1. Title Insurance aiid Closinz Fee. Buyer will pay a11 costs, including all examin�tion and search costs to obtain a title commitment in accordance with Article 6 hereof. Buycr will pay all premiums required for the issuance of" any 'Fitle Policy and any endorsements requested by Buycr. Buyer will pay any closing fec or char�e imposed by any closin? agen� or by the tiele eompany. 4.2. Deed Tax. Buyer shall pay all deed tax, if any, payable in connection with this krans�ction. 4.3. Real Estate Taxes and Special Assessmentc. All rcal estate taxes and installments of special <usessments or payments m lieu of taxes ("PILOT") payable in the years prior to the year in which the Closing occurs shall be paid by Seller. Real cstate taxes or any P1LOT p�yable in thc year in which Closing occurs, and installments of Special Assessments payable therewith, shall he pro-rated on a N:�rwEK�zs»ao.a�,: 2 NOV-14-2003 16�02 FRBYRNSKE LRW FIRM 612 338 3857 P.aSi08 03—��3� daily basis as of the Closing Date, such that Seller pays that part of real estate taxes and special assessments or PiLOT payabie before the Closing Date and Buyer pays �hat part of the real estate taxes and special assessments payable on and after the Closin� Date. �Other Costs. A1 eiating costs of the Property, if any, shall be allocated � be�ween Se11er and B iyer as of the Closing Date, so that Sellcr pays that patt of operating costs pa le before the Closing Date, and Buyer pays that part of C/ J �� „�/ operating coscs able on and aftcr the Closing Date. c5'' � ��' �'' 4.5. Attornev's Fees Each of the parties wilI pay its own auomey's fees. � 5. Titic Examination. Ti[lc L-xamination wil] bc conducted as follows: 5.1. Title Bvidence. Buyer shall, at its sole cost and expensc, within ten (10) days after the date of this Agreement, obtain a commitmcnt ("Title CommitmenY') in form satisfactory to Buyer. Buyer may„ a[ Buyer's own cost and expense, preparc a survey ("Survey") for its own use. Buyer shall delivcr copies of the Titic Commitmeni, and ]egible copies of all documenu refercnced therein to Sellcr. 5.2. Buver's Obicctions. Within ten (lU) days ufter delivcry of the Tit1e Commitment, legible copies of the documents referenced therein and the Survey (if ordered by Buycr), Buyer will make written objeciions ("Objecdons") to thc status of title. Buyer's failure to make Objectiuns within such time period �vill constitute waiver of Objections. Any matter shown on the Title Commitment or the Survey (if ordered by Buyer) and not objected to by Buyer shall be a"Permitted Encumbrance" hereunder. Sel(er shall have no obli;auon to cure any Objection (except to use its bes� efforts to release the Property from that certain Declaration of Trust dated September 18, 1969, filed Scptember 19, 1969 as Document No. 1758645 (the "Declaration")). Tf the Objcctions are not cured prior to Closin;, IIuyer will have the option to do any of the following: $.2.1. Terminate this Pw�chase A�•eement upon written notice to Seller; or 5.2.2. Waive the objections and proceed to close. 6, Operation Prior to Closing. During the period from the date of Seller's acceptance of this Agreement to the Closing Date (the "Executory Pcriod"), Seller shall operate and maintain the Property in the ordinary course of business in accordlnce with prudent, rcasonable business standards, including the maintenance of adequate liabiliry insuxance. Seller shall execute no contracts, leases or other agreemencs re�arding the Property during the Executory Period that are not terminablc on or beCore the Closing Da�c, without the piior written consent of Buyer. 7. Representations and Wananties bv Scllcr. Seller represents and warrants to Buyer as follo�vs: N:�PWCK�261140.doc 3 .hlpU-14-2003 16�02 FRBYRNSKE LRW FIRM 612 338 3857 P.06i08 b3- �13� f:� 7.1. Existence; Authoritv. Seller has the requisite power and authority to enter into and perform this Agreement, subject to approva] by �TIJD, dnd Sellcr's Closing Documents; such documenis have been duly authorized by all necessary action; such documents are valid and binding obtigations of Seller, and are enforceable in accordance with their terms. 7.2. FIRPTA. Seller is not a"foreign person", "foreign partnership", "foreign trusP' or "foreign estate", as those terms are defined in Sec�ion 1445 of the Intemal Revenue Code. 7.3. Wells and Tndividual Sewase Treatment Svstcros. The Seller certifies and warranu thac the Scllcr does not know of any "Wells" on d,e describcd Property within the meaning of Minn. Stat. § lU3I or "Individual Sewage Treatment Syscems" on the described Property within the meanino of Minn. Stat. § 115.55. This representation is incended to satisfy the requirements of those sca[uces. 7.4. S[ora�e Tanks. No above eround or underground tanks are located in or about the Propeny, or havc been located under, in or abou� the Property and h�ve subsequently been removed or filled. To the extent stora�e tanks exist on or under the Real Property, such stora�e [anks have been duly registcred with �11 appropri�te re�ulatory and governmen�al bodies, and otherwise are in compliance with applicablc fcderal, state and local statutes, regulations, ordinances and other regulatory requirements. 7.5. No Conflict or Lien. Neither the execuUOn or delivery of this A�reement nor the consummation ot [he transaction as contemplated herein will conilict with or result in a breach of any contract, license or undertaking to which Seller is a party or by which any of its property is bound, or constitute u defauif thercunder or, except as contemplated herein, result in the crcation of any lien or encumbrance upon the Property. 7.6. No Proceedin�s. No lebal or administra�ive procceding is threatened or pending a;ainst Seller which would adversely affect its right to convcy the Real Propeny �o Buycr as contemplated in this Agreement. no oroKers and hold e o[hcr such execution t�ction o�r/� party, tncli issiori Scller and Buyer represcn�c each other that�they h�ve dealt with ers�or the lil<e in co ' a-w�it s a 'on, �id agree to indemnify er harmle om all c1��ms, damages, cos s expenses of or for any or c mis "ons resultin� (rom [hcir acdons .,reer�ents re�ardin3 the aforman of d , �p y all costs of •defending any 't brought to covcr any such fees or camm�ssions incuncd by the other reasonable attomeys' fecs. 9. Assi�nment. Either parcy may assign its rights under this Agreement before or nfter the Closing. Any such assignment will not relieve svch assigning party of its obligations under this Agreement. N:�l>I.vetc�2St la0.Aoc Q' _NOV-14-26a3 16�02 FRBYANSKE LRW FIRM 612 338 3857 P.07/a8 O� ,��� 7 p. . Notices. Any notice required or pemvtted hereunder sli�ll be effcctive upon the cazlier of the followin�: the date ot personal delivery upon an authorized representative of a party hereto; or one (1) business day after deposit, fees prepaid, with a nation�ily recognized, reputable ovemight courier, properly addressed as follows: Tf to Buyer: City of Saint PauI — Real Estate Division 140 City Hall —15 West Kello�g Bivd. Sainc Paul, Minnesota 5510i If to Seller: Public Housing Agency of the City of Saint Paul 480 Cedar Street, Suite G00 S�int Paul, MN 55101 Attention: Jon �Crutzmann With Copy to: �'abyanske, Wesha & Harl, P.A. 800 LaSaile Avenue, Suite 1900 (after 9/19/03) Minneapolis, Minnesota 55402 Attention: Judith E. T{row, Esq. Any party may designate an additional or altemarivc address upon giving notice to the other panies pursuant to this para�•aph. For purposes of this paragraph, "business day" shall mcan a day which is not a Ss�turday, Sunday or a legal holiday of the St�te of Minnesot�i. 11. Miscellaneous. The parabraph headinos or captions appearing in this A�reemcnt are for convenience only, are not a part of this A�reement, and are not to be considered in in�erpreting this Agreemenc This written Agreement constitutes the complete agreement between thc parties and supersedes any p�ior oral or written agreements between the parties rcoarding the Property. There aa no vcrbal a�reements tfiat change this Agreement, and no waiver of any of Sts tezms will be ef£ective unless in a writing executed by the parties. This Agreement binds and benefits the partics and their successors and assigns. This Agreement has becn made under the laws of the State of Minnesota and such laws will control its interpretation. This Agreement may bc executed in counterparts, each oC which shall be deemed an ori�inal but all of which shall consritute one and the same instrument 12. Remedics. li Buyer defaults under this Agrccment, Seller shall have the right [o terminate this A�reement by �ivin� w�itten noAce to Buyer. If Suyer fails to cure such dcfault within thirty (30) days of the date of such notice, this Agreement will terminate, and upon such termination Scller wil! retaiin thc Earnest Money, if any, as liquidatcd damages, ume being of the essence of this Agreement. The fermination of this Agrcement and retention of the Earnest Money will be the sole remedy available to Sellcr for such default by Buyer, and Buycr will not be liable for damages or specific performanca !f Seller defaults under this Agrccment, then Buycr may terminate chis conaact or seek specific performance. If Buyer elects to terminate this Agreement, then Buyer sh�U providc notice to Sellcr pursuant [o Minn. Stat � 559.21 and upon the expir:�tion oF thc applicable cure period, the Eamcst Money shall be re[urned to Buyer. N:\YLUEK�2811d0.dnc 5 , � NOV-14-2a03 16�03 FRBYANSKE LRW FIRM 612 338 3857 P.08i08 a�-��� 13. Reloca�ion Benefits. Buyer and Seller a� ee that the Purchase Pricc has been established through negotiation and represents the total amount that will be due and payabie to Seller by reason of this �ransaction. Seller specifically acknowled;es and agrees that neither Buyer nor any pvblic entity or body shall have any obligation to pay or provide to Seller any relocation assistance, scrvices, payments or benefits; provided however, that st�ch assistance shall be paid by Buyer to Seller's tenants. Additionally, Seller expressly waives any cIaim to relocacion assistance, services, benefits or p�yments tor icself. 14. Inspcction. Seller shall allow Buyer, and Buyer's agents, immediate access to the Property without charge and at all reasonable times, but subject to the rights of any tenants, for the purpose of Buyer's investigation and tcscing the same. Seller shall make available to Buyer and Buyer's agents without charoe all plans and spccifications, records, inventories, permits and correspondence in Seller's possession relating to Haiarcious Substances affectin� the Property; and the righi to interview employees of Seller who may have knowledgc of such matters. After any investigation or [escino, Seller shall restore the Property to its ori;inal condition �.s of the date of [esting. Buyer understa�ids that it is purchasing the Property "AS-TS, WHERE-IS AND WTTH ALL FAYJI.TS". Seiler shall notify Buyer of ics dcsire to inspect the Real Property at least two days in advance so that Seller may give Scller's tenants appropriatc notice pursuant to requirements in its Dwelling Lease with thc tenants. 15. Casualtv/Cvndemnation. In the event of casualty to the Property, this Aorccment shall remain in full foree and effect with Seller keeping any and all insurance proceeds. Tn the event of condemnation, either pany may cancel this Agreement and the Eamest Money shall be returned to Buyer. Seller and Buyer have cxecuted this A,reement as of the date first writtcn above. pUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL � Tts: Its: tv:�rweK�zxi iao.da 0 CITY OF SAINT PAUL � Tnra o aa '' Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet b3113� DepartmenUofficelcouncil: Date Initiated: TE' ���ologyandManagementServ 09-DEG03 Green Sheet NO: 3008957 Contact Person & Phone: Deoartrnent Sent To Person InitiaUDate Pete� W hite � 0 ech I and Mana ement 7 A55ign 1 i Attome Me han Rile a'' ` � Must Be on CounCil Agenda by (Date): Number 2 echnolo and ana ement S De t Direc r ��1,, 24DEC-03 For 3 a or's Office � Ma or/Assistant Routing Order 4 ouncil 5 i Clerk Cit Clerk 6 echnolo and Mana emen[ S Bob Novak Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Sign Council Resolution authorizing the purchase of land (1 pazcel) for the Jimmy I.ee Rec. Center Acquistion and Redevelopment Project. Council File #98-752 Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes � No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skiil not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why): Advantagesif Approved: The City will be able to develop the site with neighborhood pazk amenities including landscaping, ball fields and additional pazking and will make future expansion possible. DisadvanWqes If Approved: None DisadvanWges If Not Approved: The City will be unable to expand the site for neighborhood programs Total Amount of 162000 CostlRevenue Budgeted: Transaction: Funtlinp Source: CIB Activitv Number: :,;s �'°�»?�°!'�? +.' Financialinfo(maPon: ��� � � ���� Ex lain � : � '� � C2TY Os SAIbIT PAUL F2NA?, ORDER SN CONDEMNARSON PROCEEDILIGS 03',�31 COIINCSL FSLE 7, � � SY F S I3 18 80 YQT2N � In the Matter of condemning a*id taking of property rights �s required z"or the J�y Lee Recreation Center Acquisition and Redevelopment (C98-38021} , such property riahts descrii�ed as follows: Lots 3 thru 14 and LoTS 17 thru 28 Block 2 A. B. VJiiQus Addition Yo The City of St Paul, North 50 feet of West 113 feet of Qart sou[h of Rondo Ave. and East of Lexin�ton Pkwy of Lots 9 and I Q Bue1 & Mackubin Out Iots in Township 29 Range 23; South 50 feet of North I 10 feet of West 113 feet of part East of Lexin,on Pkwy and South of Rondo Ave. of Lots 9 and 10, Buel & Mackubin Out lots in Township 29 Ranae 23; - Except South 97 3?11Q0 feet paz2 of lots 10 thru 14 H[ock 2, G. V. Bacoa's Su6division Adjacent following and in said Buet aad blackubin Out L ots except North 1 IO feet of tivut 113 feet part South of Rondo Ave. and East of Le�na on Pkwy of Lots 9 and 10, Buel & Mackubin Out lots in Township 29 Range 23; G. V. Bacon's Subdivision Except Izzina on Pkwy Norrh 47 32/100 feet of South 97 32/100 feet of I.ots I2, 13 and 14, Biock 2; G. V. Bacons Subdivision South 50 feec oi Locs 12 and 13, South 50 feet of F,ast 33 fee[ of Lot 14, Btoc?c 2. uader Preliminary Order `�115"' A public heasirig having been had upon the abovs improv�ent Upon nue notice, and tn.e Council having heard a11 persons, objections and rzcommendati,ons reiacive thereto, and having fully considered the same; therefore, be it RESOLVED, That the Council of the City of 5aint Paul hereby orders said improvement to be made. RESOLVED FiTRTHER, That the Council hereby determines the estate required for this improvement to be fee simple, absolute and easements as described above; and the City officers and City Attorney are hereby authorized and directed to take all actions necessary to acquire said real estate by pu=chase or eminent domain. • V � - ' I� I Yeas Nays Benanav._ A.ese.rr �-- Blakey r� Bostrom ✓ Coleman ,i Harris �_In Favor ✓ Lantry ,/Reiter _(�Against Adopted by Council: Date1��-,!��ij' /�,.�/�� CertiEie 'passed By---��.r^-C�<��-,�5.4-'- Secreta� Mayor