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242638 OR161NAL TO CITY.,QIj�:RK _ 242638 _� , " CITY OF ST. PAUL �OENCIL NO. OFFICE OF THE CITY CLERK • OUNCIL RESOLUTION-GENERAL FORM PRESENTED BY �2,iC COMMISSIONE DATE � R in furtherance of the objectives of the Minnesota tate H sing Ac� of 1947, as amended (M.S.A. 462.581), the Housing and Redevelopment Authority of the City of Saint Paul has undertaken a program for the clearance and reconstruction or rehabi2itation of slum and blighted areas in the City of Saint Paul, and in this connection is engaged in carrying out an urban renewal project known as the "Concord Terra�ce Urban Renewal Area Project Minn l2-37" located in the City; and WHEREAS, of the date of the Agreement there has been prepared and approved by the Housing and Redevelopment Authority of the City of Saint Paul a redevelopment plan for the Project entitled "Redevelopment Plan for Concord Terrace Urban Renewal Area Minn R-37" dated January 5, 1968, consist�.ng of twenty-six (26) pages and two (2) exhibits approved by the City Council of the City of Saint Paul on March 22, 1968 (which plan, as it may hereafter be amended from ti.me to time pursuant to law, and as so consti�tuted from time to ti.me, is unless otherwise indicated by the context� and a copy of the Redevelopment Plan, as constituted on the date of tTie Agreement, has been filed in the office of the Register of Deeds, Ramsey County, Minnesota, and in the office of the Re�istrar of Titles, Ramsey County, �linnesota; and WHEREAS, in order to enable the Housing and Rederrelopment Authority of the City of Saint Paul to achieve the objectives of the Urban Renewal Plan, and particularly to make land in the Project Area � available (after acquisition and clearance by the Agency) for redevelopment by a public entity for and in accordance with the uses specified in the Urban Renewal Plan, both the Federal Government and the City have undertaken ta provide, and have provided, substantial aid and assistance to the Agency through a Contract for Loan and Capital Grant dated � Deceraber 9, 1968 in the case of the Federal Government, and a Cooperation Agreentent dated April 2, 1968, in the case of the City; now, therefore, be it 4' l RESOLVED, that the proper City officials are hereby authorized to execute the Contract for the sale of land known as the "Concord Terrace Urban Renewal Area" legally described as follows: COUNCILMEN Adopted by the Council 19— Yeas Nays Carlson Dalglish Approved 19— Meredith Tn Favor Peterson Spraafkka Mayor Tedesco A Sainst Mr. President, Byrne O � ' � - � 242638 ,. _ . . . � ' Page 2. - _ _ . A11 that part �of Lots 4, 5, b � 7 of Block 15 of Bells Addition • and. of the Southeasterly 1/2 of State Street adjacent to said Lots S � 6 that is encompassed by a line described as follows: Beginning at the Southeasterly corner of said Lot 6, thence North 64�- 44' West along the Southaesterly line of Lot 6 extended for 80.00 feet to a p.oint on the center line of State Street, thence � . North 26°- 08' East along the center line of State Street for 220.00 feet, thence South 64�- 45'- 20" East, parallel to the Northeasterly line of said Lots 4 & 5, for 75.00 feet, thencz North 26�- 08' East for 45.0 feet, to a point tnat is 8.0 fe�t from the Northeasterly line of said Lot 5, thence South 64°- 45'- 20" East for 40.0 feet, thence South 26°- 08' West for 128.52 feet to the. Southwesterly line of said Lot 4, thence North b4°- 44'- 40" West along the Southwesterly line of Lot 4 for 25.0 feet, thence South 26�- 08' West for 136,52 feet, to the Southwesterly line of Lot 7, thence North 64°- 44' West for 10.0 feet to the point of ' beginning: Subject to an easenent over that part thereof th�t is . enco�passed by a line described as follows: Com.mencing at the Southwesterly corner of Lot 7 of Block 15 of Bells Addition, thence South b4°- 44' East along the Southwesterly line of Lot 7 for S.0 feet to the point of beginning of the line to be described; thence North 26°- 08' East for 220.03 feet, thence North 6�:�- 45'� 2�" , West for 10.0 feet thence North 2b°- 08' East for 45.0 feet, ti:e:�ce South 64°- 45'- 20" East for 40.0 feet, thence South 2b°- 08'`,�ast for 128.52 feet, thence North 64°- 44'- 40" West for 25,a f�et, thence South 2b°- 08' West for 136.52 feet, thence Norrh 64°- 44' West for 5.0 feet to the point of beginning; and also AlI that part of the Northwesterly 1/2 of State Stree� adjace:�� to Block 69 of West St. Paul Proper that is encompassed by a litie described as follows: Cor.-�nencing at the Southwestariy cor;er o� . Block 15 of Bells Addition, thence North 64°- 44' West, along the South•aesterly line of said Block 15 extended, fer 30.00 feet, to the center line of State Street, sai3 point beir.g the pojnt o� . beginning of the line to be described, thenc� continuir.g Nortii 54°- 44' West for 30.00- feet to the Southe;sterly line of said Block b9, thence N�rth 2b°- 08' East, along the Southeastexly line of Block 69 for 229.99 fe�t, thence Soutt�. 64°- 45'- 20" East, parallel to tlie �,•ortheasterly line of said Block 15, for 3�.Q0 f_ert to the center line of State Street, ther.ce Scuth 26�- C3' West, _ along said center Iine, for 220.00 feet to the �oint of be�innia�, ORI6INAF TO CITY QL6RK,. ♦ 242�38 , . CITY OF ST. PAUL FOE NCIL NO. • ' OFFICE OF THE CITY CLERK . COUNCIL RESOLUTION-GENERAL FORM PRESENTED BY COMMISSIONER DATE Page 3. from the Housing and Redevelopment Authority to the City of Saint Paul for consideration in the amount of �6,A�00.00 charged to the P.I.R. Fund 6000 to be reimbursed by Urban Renewal Bond Func� 7030, a copy of said contract for sale of land for redevelopment by a public body is attached herewith and incorporated into this resalution by reference. MAR 1 �+ 1969 COUNCILMEN Adopted by the Council 19— Yeas Nays � 1 � ��s9 Carlson Dalglish Approved 19— Meredith n Favor � Peteraon ' Sprafku � Mayor Tedesco A Sainst Mr. President, Byrne PUBLISHE� MAR 2 2 1969 O 421 Wabasha Strcet; Sait�t f�auf, rViinnesota 551 02. Eciward N.Helfefd,executive director. phone 223 5218 } � � � � � b .�d' � � ��y � . �� ,� . HOUSING AND REDEVELOPM�N i AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA Honorable Mayor and City Council February 21, 1969 c/o City Clerk 386 City Hall and Court House � Saint Paul, Minnesota 55102 � . Re: Concord Terrace Urban Rene�aal Project Minn. R-37 - Community Facility Buildin� . Downtown Urban Renewal Area Project Minn. R-20 - Capital Centre Plaza Gentlemen: � - Transmitted herewith is the Contract for Sale and deed of the site for the community facility buildino in the Concord Terrace Ur�an Renewal Project, Minn. R-37, and the Deed of Dedication of Capital Centre Plaza in the Downtown Urban Renewal Area Project Minn. R-20, together with an Agreement permitting temporary entry and use of a portion of the Plaza by the redeveloper o£ the "Skyway" Building. The Authority res,pectfully requests your Honorable Body to refer these documents to the Council's Land Committee for their review and report. Yours very truly, V�`"'°°' � Edward N. Helfeld Executive Director Enclosures r f%' �� ti-�l `.�-,',' � Lawrence J. Hayes, Harry �P. Strong, Jr., Orville E. Anderson, Henry R. Thomas, Kenneth J. Lynch, James J. Dalglish, Victor J. Tedesco Chaiiman I�°eb2`uaxy 25s 19b9 � i ,---_____� ----�-�-, � Han. JameB J. Dalg1l�h �� ``� � . Ct�aix7nan, Land Cc�nrnn�.t'�ee ��,> Building � i ; ; ,/�� , De�r Sir: ` %� �� The. City Cour�cil referred tfl t�Ze Le�� ittee �'or review and r�port the attached letter of Edwe,rd �it..- fe1d;�E ecut�ve 17irector, Housing � Re- develvpment �luthoxity; th ntx•act �'or Sale and deed of the site f"c�r the ecman ,�y f'a.c�.li bui2 in the Concord Terraee Urban R�newal. Pro�eGt, Minn. �37, and t e D+�ed of Dedic�tian oP G�pital Centre Plaza in �he Downtorm ban Rene�rs ea Fro�ec� Phinn. R-20, toge�her _ with an �lgreement pe t ing temps� entry and as� of a portion of the Plaza by th� rec,�t@,lope the " " Huilding. ;-'" ______� ,.. � ;'�% � Very �tz�,Y„5�� ; ; � . \ � C�.'ty Clerk AQ \'�� :�� `.`�"�!� �� CONTRACT FOR SALE OF LAND FOR � � � . . � � � . REDE�IELOPMENT BY A PUBLIC BODY � AGREEI�NT (hereinafter c�lled "Agreement") made on or as of the day of , 19 , bq and between the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAiJL., MINNESOTA . a public body corporate and politic of the State of Minnesota (hereinafter called "Agency") having its office at 421 Wabasha Street in the Citq of _ Saint Paul, State of Minnesota, and CITY OF SAINT PAUL, a public body corporate and politic of the State of Minnesota (hereinafter called "Public - Bodq") having its office at the City � Hall and Court Aouse in the City of Saint Paul, State of Minnesota. WITNESSETH: iiHEREAS, in furtherance of the objectives of the Minnesota State ' Housing Act of 1947, as amended (M.S.A. 462.581), the Agenzy has undertaken ' �,. a program fer the clearance and reconstruction or rehabilitation of slum and bZighCed areas in the City of Saint Paul {hereinafter called "City"), and in this conaection fs engag�d in carrying out an urban renewal project known as ,,.. the "Concord Terrace Urban Renewal Area Project Minn R-37" hereina£ter calied "Project") in an area (hereinafter called "Project Area") located in the Ci ty; and W�IEREAS of the date of the Agreement there has been prepared and approve3 by the Agency a redeve�opment plan for tr.e Project entitled "Rede�ralopment Plan ror Conzord Terrace Urban Renewal Area Minn R-37" dated Januarq 5, I968, cor.sis�ing of twenty-six (26) pag�s and two (2) _exhibits approved by the City Council of the City of Saint Paul on March 22, 196$ (which pian, as f t �ay hereafter be ar.iznd�d fram ti�r.e to time pursuant to law, and as so c+os�stituted fron: time to time, is, unless otherwise indicated by th$ cante�ct, hereinafter calleci "Redevelopment Plan" or "Urban Renewal P1an"); and a cotay of the Redevelo�ment Plan� as zanstituCed on th� date of the Agree- me�t, has been filed i.n tlae office of the Register of Aeeds, Ramsey County, 1Kianes�ta, as Docur,.�n� ��. 174�t�34 , and in the affice of the Re�istrar af Tit2es, Itamsey Cocr�t�►, M�anesc�ta, as Document �10. 532�25 ; and -1- , WAEREAS, in order to enable the Agency to achieve the objectives of the Urban Renewal Plan, and particularly to make land in the Project Area available (after acquisition and clearance by the Ageacy) for redevelopment by a public entity for and in accordance with the uses specified in the Urban Renewal Plan, both the Federal Goverrnaent and the City have undertakea to provide, and have provided, substantial. aid and assistance to the Agency through a Contract for Loan and Capital Grant dated December 9, 1968 in the case of the Federal � Government, and a Cooperation Agreement dated April 2, 1968, in the case of the City: NOW THEREFORE, each of the parties hereto, for and in consideration of the presnises and the mutual obligations herein does hereby covenant and agree with the other, as follows: AxTICLE I. GENERAL TERMS OF CONVEYANCE OF PROPERTY Sec. 1. Sale and Purchase Price. Subject to all the terms, covenants, and conditions of the Agreement, the Agency will sell certain real property in the Project Area more particularly described in Schedule A annexed hereto and made a part hereof (which property, as so described, is hereinafter called "Property"), to the Public Body for, and the P�blic Body will purchase the Property and pay to the Agency therefor, the amount of Six Thousand Four Hundred Dollars ($6,400.00) hereinafter called "Purchase Price". Such pay�ent shall be in cash, or by such check as shall be satisfactory to the Agency, at the time and place provided herein. Sec. 2. Convevance, The Agency shall convey to the Public Body, upon payment in full of the Purchase Price by the Public Body, title to the Property by quit clafm deed (hereinafter called "Deed"). Such conveyance shall, in additian to all other condition�, covenants, and restrictions set forth or referred to elsewhere i.n the Abreement, be subject to: (a) Reservations to the State of Minnesota in trust for the taxing districts concerned of minerals and mineral rights ia those portions of the property the title to which may have at any time heretofore been forfeited to the State of Minnesota for non-payment of general property taxes. (b} Auy law ordinance or governmental regulation including but not limited to building and zoning ordiaances restricting, regulating �2_ . • c; �r�:t:�izing cnc �ccupancy, use, enjoyment, improvement or : � aubdivision of the Property. (c) Easements for utilities reserved under Chapter 228 of the Legislatiwe Code of the City as a condition of the vacation of public streets and alleys wfthin the property,. together with any easement for public streets, sewer and water system and such other easemenr.s or rights of waq as are designated approximately in the Redevelopment Plan. Sec. 3. Deliverq of Deed. The Agency shall deliver the Deed and possession of the Property to the Public Body on 19 . _� or on such earlier date as the parties hereto may mutually agree in writing. Conveyance shall be made at 421 Wabasha Street and the Public Body shall accept such conveyance and pay to the Agency at such time and place the Purchase Price. Sec. 4. Recordatioa of Deed. The Fubli� Body shall promptly file the Deed for the recordation among land records of which the Property is situate. The Public Body shall paq all cost for so recording the Deed. Sec. 5. Owners Title Policy. At closing, the Authoritq shall deliver to the Public Body a commitment for assignment of an Owner's Title Insurance Policy without cost to the Public Body in the amount of the Purchase Price of the Property issued by Title Insuraace Company of Minnesota insuring good and marketable fee simple titl� to the property free and clear o£ all restrictions, encumbrances, and conditions except those expressly set forth and contained in this Agreen�nt and those standard exceptions coatained in the standard A. T. A. Title Insurance Forms. Promptly after closing, the Agency shall deliver to the Pub2ic Body the assigned Owner's Title Insurance Yolicy in Accordance with the provisions of this paragraph. AR1"ICLE II. PREFARATION �F PROPERTY FOR REAEVELOPMENT —_..__ Sec. 2. Preparation of Pro�erty. The Agency shall, prior to �conveyanc� o£ the Froperty and without expen�e to the Public Body, prepare the Property for redevelopment, which preparation shall c�nsist of the following: (a) Work to be Perforned by Agenc . The Agency has sccomplished a13 demalition, removals, £illing and grading within the prcpertq in accardance witlz th�e Redevelc�gai�:�t Plan a�d this Agreer�eat exaept as shawn in sub-paragraph (c) fo�lawing. ..�_ � (b) Removal of Public Utility Lines. The removal or abandonment by the Agency or by the appropriate Public Body or Public Utility Company of all utility lines, installations and facilities and related equipment within or on the property in accordance with the Urban Renewal Plan. (c) ReQwval of Pavin�. The Agencq shall be obligated to remove any paving (including caCch basins, curbs, gutters, drives, and . sidewalks) within or on the Propertq. ARTICLE III. CONSTRUCTION OF IMPROyEMENTg Sec. 1. Construction Required. The Redeveloper will redevelop the Property by construction thereon of a Neighborhood Facility Building together aith a parking area (hereinafter collectively called the "Improvements") and sll plans and specffications and all worlc by the�public Body with respect to such redevelopment of the Property and the construction or the making of other improvements thereon, if any, shall be in conformity with the Urban Renewal Plan, the Agreement, and all applicable State aad local laws. Upon written G� request of the Agency from time to time, the �ublic Body will delive: to the Agency, to be retained by the Agency, plans with respect to the Improvements to be oonstructed or otherwise made by the Public Bodq on the Property, in aufficient completeness and detail to show that the Improvements aad construction � thereof will be in accordance with the provisions of the Urban Renewal Plan and the Agreement. Sec. 2. Time for Construction. The Public Body agrees for itself, its auccessors and assigns, and every successor in interest ta the Property, or any part thereof, and the Deed shall centain covenant� on the part of the Public Bodp for itself gnd such succsssors and assigns, that the Public Body shaZl begin the redevelopment of the Property through the construction of the Improvements thereon, �within six (b) �onths from the date of the Deed, and diligently proceed ta compiete sucn coastructioa within twelve (12) moaths !�rcro such date. It is 3ntended and agreed, and the Deed shall so expressly propide, that the agreements and cavenants of the Agree�ent pert�ining to the Im�rovements shall be covenants running with the land and that they sE:all, in any event, and wfthout regard to technical classification or designation, �egal or otherwise, and except onl}r as specificglly provided in the Agreement, be, to the full�sc extent permittec� b� -4- - law and equity, binding for Che benefit of the comanunity and the Agency and enforceable by the Agency against the Public Body, its successors and assigns, and every auccessor in interest to the Property, or any part thereof or any interest therein. Sec. 3. Report on Pro�ress. Subseqaent to conveyance of the Prop�rty or any part thereof to the Public Body, and until construction of the Improve- ments has been completed, the Public Body shall, upon written request of the , Agency, make, in such datail as may reasonably be required by the Agency, and forward to the Agencq a report in writing as to the actual progress of the Public Body with respect to such construction. During such period, the work of the Public Body shaZl be subject to inspection bq the Agency. • Sec. 4. Access to Property. Prior to delivery of possessian of the Property to the Public Body, the Agency shall permit the Public Body access thereto, whenever and to the extent necessary to carry out the purposes of this and other sections or provisions of the Agreement; and subsequent to such delivery, the Public Body shall permit access to the Property by the Agency and the City whenever aad to the extent necessary to carry out the purposes of this i and other sections or provisions of the Agreement. Sec. 5. Certificate of Comp.letion. Promptly after compietion of the Imprcvements in accordance with the provfsions of this Agreement, the Agency shall furnish the Public Body with an appropriate instrument so certifying. Such certification by the Agency shall be (and it shall be so pravided in the Deed and in the certification itself) a conclusive determination of satisfaction and tercaination of the agreements and cavenants in the Agreement and in the Deed with respect to the obligations of the Public Body, its successors and assigns, and every surcessor in interest to the Property, to construct the Inr�rovemQnts and the dates for the beginning and completian thexeof. AI1 certifications provided for in this Section shall be in such form as will enable them to be recorded with the Regist�r of Deeds for the Gounty of Ramsep. ARTICLE IV. IAi�Tfl iT�gS Sec. I. Restrictions An Land Use. The Public Bady agreea for itself, fts successars and assigns, and every succeasor in interest to the P�operty, or any part thereof, and the Deed sha�? contain covenants on the part of the Ptiblic Bady for itself, and such successors snd assigns, that the Public Bady, and such successors and assign�, srall. � (a) Devote the Property to s�d. .oa1�* �Q and in accwrdance with, the usea specified i� the Urban Ren�wal Pl�n, as th� sam� may hereafter be ame�ded from time to time; aad �� (b) Not discriminate upon the basis of race, color, religion, sex or . national orfgin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. Sec. 2. Effect of Covenants; Period of Duration. It is intended and agreed and the Deed shall so expressly provide, that the agreements and covenants provided in this Article IV shall be covenants running with the land . and that they shall, in any event, and without regard to technical classification or designation legal or otherwise, and except only as otherwise specifically prwided in the Agreement, be to the fullest extent permitted by law and equity, binding for the benefit a�d in favor of, and enforceable by, the Agency, its _ auccessors and assigns, the City, and the tJnited States (in the case of the cavenant provided in subdivision (b) of Section l of this Article IV), against the Public Body, its successors and assigns, and every successor in interes[ to the Property or any part thereof. It is further intended and agreed that the Agreesnent and covenant (a) in subdivision (a) of Section 1 of this Article IV shall remain in effect until March 22nd, 1998, �at which time such agreement and covenant shall terminate), and (b) in subdivision (b) of such Section 1 shall remain in effect without limitation as to time. Sec. 3. Enforceability by Agency and United Statea. In amplification, and not in restrictio�, of the provisions of Section 2 of this Article IV, it is intended and agreed that the Agency shall be deemed a beneficiary of the agreements and covenants provided in Section 1 of this Article IV, and the IInited States shall be deemed a beneficiary of the covenant provided in subdivision (b) of such Section 1, both for and in their or its owr� right and also for the purposes of protecting the interests of the comimunity and other parties, public or private, in whase favor or for whose benefit such agreements and cwenants have been provided. Such agreements and covenants shall (and the Deed shall so state) run in favor of the Agency and the United States for the entire period during which such agreements and covenants shall be in force, w�thout regard to whether the Agency or the iTaited� States is or has been an own�r of any Iand or interest therein to, or in favor of, which such agreements and covenants relate. The Agency shall have the right, in the avent of any breach of any such agr�em�nt or ccsvenant, and the United States shall have the right, in the event of any breach of the covenant provided in subdivision (b) -6- of Section 1 of this Art�cle 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 agreement or covenant, to which it or any other beneficiaries of such agreement or covenant maty be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER Sec. I. Representation as to Redevelopment. The Public Body represents and agrees that its purchase of the Property shall be for the purpase of redevelopment of the Property in accordance with the Urban Renewal Plan and the Agreement. Sec. 2. Prohibition Against Transfer of Propertq and Assignment. The Yublic 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 total or partial sale, conveyance, or lease of the Property, or any part thereof or interest therein, or (b) any aasigmnent of the Agreement, or any part thereof, or (c) any agreement to do any of the foregoing without the prior written approval of the Agency. Such � approval shall be on such condition as the Agency may in its exclusive discretion determine, including, but not limited to, the assumption by the proposed trans- feree, by instzument in writing, for itself and its successor� and ass�gns, ar�d .., for the benefit of the Agency, of all obligations of the Public Body und�r the Agree�nt. ARTICLE VI. REMEDIES Sec. 1. Notice of Default. In the event of any default under or breach of anq of the terms or conditions of the Agreement by either party hereto, or any auccessor or assign of, or successor in interest to, the Property, such party or successor sha].1 upon written natice from the other proceed to remedy or cure such default or breach within sixty (60) days after receipt of such notice. In case such action is not taken or diligently pursued or th�e de�ault or breach shall not be cured or resredied within a reasonable ticne,� the aggriQVed party may institute such procezdings as maq be necessary or desirabLe in its opinioa to cuxe or r�►�ay such default or breach or to obtain damag�s therefor, includin� but not limited to proceedings to compel specific performance bq the partq in default or breach of its obligations. Sec. 2. Termination by Public soay. In the event that _ -7- , � (aj The Agency does not tender conveyance of the Property or possession thereof in the manner and condition, and by the date, provided in the Agreement, and any such failure shall not be cured within ; thirty (30) days after written demand by the Public Body, ° (b) The Public Bodq does not enter into a_Loan and Grant Contract with the Federal Government for the Neighborhood Facilities Grant Application for Concord Terrace Neighborhood Center, Project No. Minn N-8, then the Agreement shall at the option of the Public Bady be terminated, and neither the Agency nor the Public Body shall have any further rights against or 2iability to the other under the Agreement. Sec. 3. Termination by Agency. In the evant that prior to conveyance of the Property to the Public Body and in violation of the Agreement the Public Body (and any successor in interest) assigns or attempts to assign the Agreement � or any rights herein or in the Property, or the Public Body does not pay the Putchase Price for and take title to the Property upon proper tender of conveyance l�y the Agency pursuant to the Agreement, th�n the Agreement and any rights of the Public Bodq or any successor or assign of the Public Body or � transferee of the Property under the Agreement or arising therefrom, with respect to the Agency or the Property, shall at the option of the Agency be terminated by � the Agency. In such event, except for the right of the Agency to damagss for such breach afforded by Iaw, neither the Public Body (ar assignee or transferee) nor the Agency shall have any further rights against or liability to the other under the Agreen�nt. . Sec. 4. Delays Beyond Control of Parties. For the purposes of the Agreement, neither the Age�cy nor Che Public Body, as the case may be, nor any successor af either of them shall be considered in breach of or in default uader ita obligations with respect to the preparation of the Property for redevelopcnent, or the beginning and completion of construction of the Zmprovements, or progress in respect thereto, in the event of enforced delaq in the perfora�ance af such oblfgations due to unfor�seeable causes beyond its control and witr.oue ita fault ax negligence, including, but not restti�ted tss, acts of God, acts of public enemp, acts of the Goverisment, acts of the other party, fires, floeds, e�idemics, q�u,arantine xestrictions, strikes, freight embargoes, and unusually severe we�th�r, � or de�ays af subcontrac�rnrs due to such causes, it being tl�e purpose and intent af this provision that, in the e�ent of the occurrence of any such enforced dsl�y, -8- ' the time or times for perforniance of the obligations of the Agency with respect to construction of the Improvements, as the case may be, shall be extended for the period of the enforced delay; pravided that the party seeking [he benefit of the provisions of this Section ahall, within ten (10) days after the beginning of anq suc'� enforced delay, have first notified the other party thereof in Writing, and of the cause or causes thereof and requested an extension for the geriod of the enforced delaq. . Sec. 5. Rights and Remedies Cumulative. The rights and reraedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies � shall not preclude the exercise bq it, at the same or different times, of any other such remedies for the same default or breach, or of any of its remedi�s for any other default or breach by the other party. No waiver made by� either � party with respect to the performance, or manner or time thereof, or any obligation of 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 with respect to the particular obligation of the other party or condition to its own ohlfgation beyond those express2y waived and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. No such waiver shall be valid unless it is ia writing duly signed by the party waiving the right or rights. - ARTICLE VII. MISCELLANEOUS PROVISIQNS Sec. l. Conflict of Interest. No member, official or employee of the Agency shall have any personal interest, direct ar indirect, in th� Agreement, nor eh�ll any such uzember, official, or eniployee participate 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 inditec�2y, interested. No member, official, or ea3ploy�e of the Agency shall be personallq Iiable to the Public Body or any successor in interest in the event of any default or brea�ch by the Age�cy or for �.ny amount which may becoa� due to the Pub2ic Body or suecessor or on any obligations under t�e terms of the Agreement. -9- - Sec. 2. No_ tice� A notice or communication uttder the Agreement by either party to the other shall be sufficiently given or delivered if dispatched by registered mail, postage prepaid, return receipt requested, and (a) in the case of a notice or conmiunication to the Public Body, is . addressed as follows: City of Saint Pau1, Room 347, City Hall and `'} Court House, Saint Paul, Minnesota, and � (b) in the case of a notice ar communication to the Agency, is addressed as follows; Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, 42I Wabasha Street, Saint Paul, Minnesota, or is addressed in such other way in respec[ to either party as that party may, � . from time to ti�e, designate in writing dispatched as provided in this Section. Sec. 3. Agreement Survives Convevance. None of the provisions of the Agreement 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 -auc�essor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. Sec. 4. Counterparts. The Agreement is executed in three (3) counterparts, each of which shall be deemed to be an ortginal, and such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the Agency has caused the Agreement to be duly executed in its behalf and its seal to be hereunto affixed 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. (SEAL) HOUSING AND REDEVEIAPMENT AUTHORITY OF THE CITY OF SAINT PAUT.., MINNES3'!'A ATTES'*: j, `... � ,� �Y/ / BY T ��''�---c� ,t�'� /._G1 L`� /'� / 1 -,� lU it8 _.s�_.... Y i .•� �,/ � r � G<-'.� ' � j � � r i�. ��^ .� � ';�-z�.� �� ' � By -� i'�t^-�C�-�'C�r. � _ , � � � .�,.�.� v� �t. � � (SEAL) CITY OF SAIIVT PAUL, MINNESOTA ATTEST: By Eomptroller $� ' Mayor By City Clerk -10- .� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � On this �j,.:! day of `� T�,�;'��"-= �/ , 1969, before me, a Nc�ta�q =; i / . Public within and for said Courity, personally appeare.d Lawreace J. Hayes and Orville E. Anderson, to me personally known, who being each by me duly sworn, did say that they are respectively the Chairman and Secretary of the HOUSING AND REDEVELOPMENT AUTHURITY OF THE CITY OF SAINT PAUL, MINNESOTA, the corporation named in the foregoing instrument, and that the seal afffxed to said instrument is - the corporate seal of said corporation and the said instrument was signed and aealed in behalf of said corporation by authority of its Board of Commissioners and said Lawrence J. Hayes and Orville E. Anderson acknowledged�said instrument to be the free act and deed of said corporation. - . _ � �/��i:/��'->-,/ �S�'� No�a y Public, Ramsey County, Minnesota My Conanission expires - � STATE OF MII3NESOTA ) ) ss. COUNTY OF RAMSEY ) �' On this. day of � , 1969, before me, a Notary Public within and for said County, personally appeared Thomas R. Byrne, Joseph J. Mitchell snd Harry E. Marshall, to me personally known, who being each by me duly sworn, did say that they are respectively the Mayor, the Coc�ptroller and the City Clerk of the CITY OF SAINT PqUL, MINI�IESOTA, the Municipal corporation named in the foregoiag instrument, that the aeal affixed to safd instrument is the seal of the City of Saint Paul, Minnesota, that aaid instrument was signed and sealed in behalf of said CiCy of Saint Paul, Minnesota by authority graated pursuant to formal Resolutian of the Council, Council File No. , paased and approved the day of , 1969, and the said Thamas R. Byrne, Joseph J. Mitchell and Harry E. Marshall acknowiedged aaid instrument to be the free act and deed of said City of 3aint Paul, Minnesota pursuant to said Resolutioa. Notary Public, Ramsey County, Minnesota (S�') My Camm iss ion exp ires -11- -,. �• M;.�!,�, R-3� � , (i-b9) . . . � �42s3 � 8 DEED �F CON�/EYfiNCE.OF �, LAI�D �0� REDEVELOPriENT ��? , �'' , - THIS INDENTURE, made this day of , I9 , betcaeen the HOiJSIhG Ai\D REDEVELOPAIENT AUTHORITY OF THE CITY OF SAINT PAUL, ' Mltr'NESOTA, a public body corporate and politic organized and existing under the laws oi the State of Minnesota, as party of the first part, hereinafter referred to as the "Authority", and the City of Saint Paul, Minnesota hereinafter referred to as the "Redeveloper", as party of the second part. WITNESSETH: Wi�RF.AS, the Authority, actino pursuant to the provisions of ?ublic Law 171, 81st Con�ress of the United States of America, as amended, and pursuant to Chapter 487, La�as of rlinnesota, 1947, as amended, duly adopted the "REDEVELOPriENT PLAN rOR CONCO2D TERP,ACF URBA:1 RE:�IEWAI. ARF,A, MINN. R-37", dated Janu��ry 5, 1968 which PLAii was approve3 by the Council of tne City of Saint Paul, Mir.nesota on Murch 22, 1968, by its Qesolution Council File No. 237770, and is noo� lawfully in effect in said City and State providing fo: the acquisition and clearance of the Prflject Area to which said PI�4:d pertains and applies and ther�after for � sale of said Project Area for redevelopnent in accordance with said PLAV; and Sv'HERE��S, in order to enable the Authority �o achieve the objectives of the PL,aIv' and partic�ilarly to make ti:e Zand iZCluded in the PLAN available (after acquisition an� clearance by the Autherity) for redevplopmeat by private enterprise a:l� in a�cordance witi: the uses saeci=ied in the Pi�::, both the rederal Govern:��ent an3 the City of Sair.t Paul, 24innesota, have ur.dertaken to provide, �nd I:ave provided s�ibstan�ial ai3 azd assista^.ce to the Aurhority; 2r�d WHEREAS, the Au�hority has entered ir.to a COi�TTRr1CT FOR Sr!LF OF Lr1.�iD FOR RcDBV�LOPi+EN'�' BY A �'uBLIC BOP,Y with tl:� Redevelo;�er for the �urchase of certa.n project 2and `or redevalopment, dated , I9 , herei:�a_°ter � refe�re� to as the "COr�T�CT". � ..1- . --: � �--. .-- - �---.. z _ - ---�-R-•-� � - - _ _ _ _ ___ __ __ }_ _ _ _s.� , , . , ; NUW TFi'r,f:F;FORE, in consideration of the sum of One Dollar and other valuable consideration - - - - - - - - - - - - - - Doilars ($ 1.00 ) to it in hand paid by the Redevelope�;` the receiptti�of which is !-►ereby acknowledged, w. �; . • rhe Authority does hereby gr'3�nt,bargain;�'quitelaim and convey unto the Recieveloper, ics successors and assigns, forever, all tracts or parce2s of land lyin� and �:eing in che City of Saint Paui, County of Ramsey� and State o£ r;i�z;�esota, descr�bc�u as follows: AI1 that part of Lots 4, S, 6 � 7 of Block 15 of Bells Addition and of the Southeasterly 1/2 of State Street adjacent to said Lots S 6� 6 that is encompassed by a line described as fnllows: Beginning at the Southeasterly corner of said Lot b, thence North 64°- 44' West along the Southwesterly Iine of Lot 6 extended for 80.00 fee t to a poin� qn the cer�tex�,.line of S tate S tree t, thence . North 26°- 08' East al�ong the center line of State Street for 220.00 feet, thence „Sou`tfi fj4�- 45'- 20" East, parallel to the Northeasterly�line of sai�i Lots.�4 � 5, for 75.00 feet, thence North 2E°- 08' East for 45.0 feet, to a point tnat is 8.0 feet from the Northeasterly line of said Lot S, thence South 64°- 45'- 20" East for 40.0 feet, thence South 26°- 08' West for 128.52 feet to the Southwesterly line of said Lot 4, thence North 64°- 44'- 40" West along the South*aesterly line of Lot 4 for 25.0 feet, thence South 26�- 08' West for 136.52 feet, to the South;aesterly line of Lot 7, theace North 64°- 44' West for 10.0 feet to the point of beginning: Subject to an easenent over that part thereof thxt is - enco�passed by a line described as follows: Co�mencing at the Southwesterly corner of Lot 7 of Block 15 of Bells Addition, thencP South 64°- 44' East along the Southwesterly line of Lot 7 for 5.0 feet to the point of beginning of the line to be described; thence North 26°- 08' East for 220,03 feet, thence North 6�:°- 45'� 2�" West for 10.0 feet thence North 26°- 03' East for 45.0 feet. tizence Sauth 64°- 45'- 20" East for 40.0 feet, thence South 2b°- 08'W�st for 128.52 feet, thence North 64°- 44'- 40" 4dest for 25,0 fee[, thence South 2b°- 08' S�Test for 236.52 feet, thence North 64°- 44' West for 5.0 feet to the point of beginning; and also All that part of the Northwesterly 1/2 0€ State Streer_ 2djacen� to Block 69 of West St. Paul Proper that is encos.passed by a litie described as follows: Co4-�►encing at the Soutl;w2sterly cor;er of Block 15 of Bells Addition, thence North 64°- 44' West, along the South*aesterly lir.e oz said Bloc'� 15 extended, fcr 30.00 feet, to the center line of State Street, sai3 point being the po�nt o: beginning of the line to be described, thence cont�nui.ng North 54°- 44' West for 30.00 feet to r.he Southeasterly line of said Block 69, thence North 25°- 08' East, along the SouthQasterly lin� of Block 69 for 2I9.99 fe�t, thence South b4°- 45'- 20" East, parallel to the iv'�rtheasterly line of said I3:ock 15, for 3Q.Q0 f.e�:t to the center linz of State Str�et, ther.ce Scuth 26°- C8' West, . along said center line, for 220.00 feet to the point of be�inning, . r2Y . , . . � _ � auch successors and assigns shall promptly begin and diligently prosecute to completion the redevelopment of the Property through Che construction of the improvements thereon as proqided in tt�e CANTRAG"�,.,�d that such construction shall - �' ►.� . � �. , . be in aay eveat begun within,s��6) monChe, from the date of this deed and com- ��—s - .... E�, . , pleted withia twelve�l�nths from such date. 2. The Redeveloper agreea for itself and its successors and assigns to or of the Property or any part thereof, hereinbefore described, that the Redeveloper and such , succeasors and assigns shall: (a) Devote the Property to, and only to in accordance with . the usea specified in the PLAN as now in effect and as the same may hereafter be extended from time to time in the manner provided by law; and make no changes in the isaprove- mente on said Property subsequent to certificate af comple- tion not in full conformance with the PLAN. (b) Not discriminate upon the basis of race, color, reli$�on, sex, or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or aay part thereof. It is intended and agreed that the above and foregoing agreements and covenant ehall be running with the land, and that they shall, ia any event, and without regard to technical clasaification or designation, legal or otherwise, and except only as otherwise specifically provided in this deed, be binding, to the ful2est extent of lew aad equity, for the benefiC and in favor of, and enforceable by, the Authority, its successors and assigns, the City of Saint Paul, Minnesota, and any successor in intereat to the Property, or any part thereof, and the owner of any other land or of any interest in such land in the Project Area which is subject to Che land use, requirements and restrictions of the PLAN, and the United States (in the case of covenant in clause (b) hereof) against the Redeveloper, its successors and aseigns, and every successor in interest to the Property, or any part thereof, or any intereat therein, and aay party in possesaion or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided for in clause (g) shall remain in effect until May 20, 1995, (at which time such agreesnent and covenant shall terminate�) and the agreements and covenants provided in clause (b) shall remain in effect without limiCation as ta time: Provided, that such agreements and covenants shall be bindin� on the -3- . � � Redeveloper itself, each successor in interest to the Property, and every p:►rt thereof, and each party in posse§s��n or occVp3d�y, respectively, only for period . �, `: . as such successor or part,�;� shall haveE,Citle �to, or an interest in, or possession :,� • ( . or occupancy of, the Property or part thereof. The term "Uses" specified in the PLAlv and "Land Use" referring to provis�ans of the PLA�\, or similzr language, in this deed shall include the land and a:l buildings, housing and other requirenents • or restrictions of the PLAN perta�ning to such land. In amp2ification, and not in restriction of, the provisions of the preceding . section, it is iatended and agreed that the Authority and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided herein, and the linited States shall be deemed a beneficiary of the covenants in clause (b) hereof, both for and in their own right, and also for the purposes of protecting the interest of the community and the other parties, public or private, in whose favar or for whose benefiC these agreements and covenants have been provided� Such agreements and covenants shall run in favor of the Authority and the United States, for the entire period during which sucf� agreements and covenants shsll be• fn force and effect, withaut regard to whether the Autho:-ity or the UnitFd States has at any time been, remains, or is an owner of any land or interest therein to, or in favor of, which such agreements and covenants relate. The Aur'r��rity sha21 authorize in the event of any breach of any agreemer►t or covenant, and the United States shall have the right in the event of any b:each of the covenant in clause (b) hereot, 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 [he curing _of such breach of agreement or covenant, to which it or anS� other beneficiaries of such agreement or covenant may be entitled. 3. This conveyance is made upon the condi.tion subsequent that if, prior to completion of improvements by the Redeveloper in accordance with the CONTRACT, and PIAN, as such campletion shall be certified by t'r�e Authority: (a) ihe Redevelopec (or si,ccessor in interest) shall default in or violate its obligations with respect to the construction of the improvements (inc2udinb the nature and the dates for the beginning ' and comple[ion thereor) , or shall abandon or substantially suspend -4- � ' , _ c�nsrructic�n �.*�rk, and any such defauIt. or viaiation, r,hai,donment, or suspensi�n shall nor. be cured, ended or remedieci wirhin three - (3) months (six months if the default is with respect [o the date for comple[ion of the improvements) after written demand by the Authority so to do; orQ �;,�� • _ R , �, . � _ (b) The R�developer (or �uccesso.r in interest) shall fai2 to pay real es[ate taxes b� assessmen�FS un the Property or any part thereof when due, �r shall place thereon any enetinbrance or tien unauthorized hy ,he CONI'RAC�', o!- shall suffer .;n�� levy or attachment to he r,�ade, or an�� materiaimen's or mechanic's : ;e� or anv other anaut;orized encumbrance or lien to attach, a_.^.d such raxesyor asses�r�ents �hali no� have been paid, or the e*scarnbrance or ? i�n :cm�ved or ::s�:_rc:t �ed, o:- pr�vision s:ztisfac[er�� to �i�e ;�tharit}• macie f�r s�ch p.3yment, f re.�,oval or discharge, �•si,.hin s:r[y (60j days after 4�r:�ten �emand b�� the Authority so to do; or , (c) �here is, in v;olati�n of the CONTfti:•�T, any transfer ot [he Prooerty or any part ther�of, and suc� vic�lation sna.il not be cured within sixty (60) days after written demand t�y tne Atithority to the Redeveloper; r_h�� the _�utt;oritv shall have the right co re-enter and take �cssession of the i reperCy and to 'terminate and revest in th�> Autr�or;t;• rhe es:ate conveyed herei.n . t� c:�e RedeveloYer; provided, thai such conditior. suhseq��enc and a��y revesting of ti;le as a rPsult thereof in the Authority: {1) Shall. always be su�:ject t� and li_mited bv, an� shat2 not �tefc�at, render invalid, or limit �n ar.; :�a�r (a) the 1 ien of any mort�,aKe �uth�rized hv th� CO:�TRACT, and (b) any ri�ht� or incerests p_-�vided �n the CC�'�TRACT for r.he pro�ection of tize holders of such mc�rt�a�es; and (2i Shall not apply to inefvidusl par�s er parce:s of the Property (or, i.n the case of parts or parcels leased, the leasehold interest) on which there are ne defaults u*�der the [erms of said CGtiTF�ACT; and (3> Sha21 not apply after the improvements have hecn comp2eted and cc-rrified to by rhe .�uthnrity. 4. Promptiy after compliance witn the restrictions and covenants contained in Para�raph 1 . and Para�raph 3, above, the Authority will furnish the Redeveloper caith an appropriate instrument showin�; compliance therewith. Such instrument , . � sha21 be in such form and so executed as to make it recordabJe in the office of the Refi,ister of Deeds or of the Fe�istrar of Titles, as the case may be�of R�msev County, Minnesota. Such ins[rument by the Authority shall be a conclusive determination of the satisfact.ary termination of the a�ree:nents and cnvenants of the CONTRACT above ref.erred to, except for gpecific covenants set forth in this Bced� and chall b� a conclusive determination of thr_ satisfactory -5- - �,; " . ' - � . . � , , termination of the covenants in this Deed with respect to the obligation of the Redeveloper, its successors and assi�ns, to .cons�rv ct the improvements on the �.� . �. dates for the beginning and completio'n �thereof and with respect to all of the � • ��`� ' "," �� ' obligatfons of the Redevelaper and its successors and assigns, under paragraph 1. and paragraph 3. above. 5. If the Authority shall refuse or fail to provide any instrument in accordance . with the provisions of thfs Deed, in addition to any other remedy in law or equity of the Redeveloper, its successors and assigns, the Authority shall, within ninety • (90) days after written request by the Redeveloper, its successors or assigns, provide the Redeveloper, its successors or assigns, with a written statement, indicating in adequate detail in what respect the Redeveloper, its successors or assigns, has failed to comply with the provisions of the CONTRACT aad of this Deed or is otherwise in default, and what measures and acts will be necessary, in the opinion of the Authority, for the Redeveloper, its successors or assigns, to take or perform in order to obtain such instrument. TO HAVE AND HOLD THE SA1�, Together with all the hereditaments and appurtenanc thereunto belonging or in anywise appertaining to the Redeveloper, its successors . and assigns, or in the case of an individual, his heirs, representatives and assigns, forever. IN TESTIMONY WHEREOF, the Authority has hereunto set its hand and seal on th� day and year first above written. HOUSING AND REDEVELOPMENT AUTI30RITY (SEAL) OF THE CITY OF SAINT PAUL,MINNESOTA In Presence cf: �� ;'i By / ��.,-�-L�.: ��', lZ �-L_ / Its � �� ji�t�U l ` ��.t't� `' +- p ��.�� , 9 �� GLY��C.� ��. �!:_:<'"=-�G.-C� D� 1t.4 � � - � � F aP ''_� _ � ' t Corporatiort Counse! � ..6_ `I � .�(. •- •. ... . � . i � . , . . .. . . .. . . . > �. • � STATE OF MIh'NESOTA ) � ) s s. � �:k� ' . R � � COUNTY OF RAMSEY ) w �; ` . �� ` , �," c,' • , . . On this day of , 1968, before me, a N��tary Public within and for sairi County, persona�iy Gppeared Lawrence J. Iiayes and Orville E. Anderson , to :�e �ersur,ai iS• . known, who, being each by me d;ily sworn, did say that they a.e respec[ively the Chairman �nd Secretary of the EiOUSI?�'G e�.�1D REDEVELOPriENT � � AUTHORITY OF THE CFTY OF SAI:�'T PALi_, ,I:�':�ESOTA, the corporation named :n the foregoi:tg instrument, and that t'r�e seal affixed to said �nstrument is the corparate seal of said corporation and the said ir.stru.ment was signed and sea2ed in behalf of said corpora[ion by authority or its 5oarri of Commissioners and said Lawrence J. Hayes and Orville E. Anderson acknowledged said instr�.,.�-;,ent to be the free act and deed of said corparation. ��,�L y' � %.�1�',.c'�C ��W (SEAL) `Mary Os iecki �� :�ntary"Publi�, Rsr�sey County, Minn. A?y Com*�ission ex�ir�., July 9, 1971 . -7- �