241983 ORI6INAL TO CI7Y CLBRK 2 11��3
� �, CITY OF ST. PAUL FOENCIL NO.
OFFICE OF THE CITY CLERK
O L R SOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONE DATF
RESOLVED, By the Council of the City of Saint Paul, that
the proper City officers are hereby authorized and directed to
execute, on behalf of the Gity of Saint Paul, Property Manage—
ment Agreement between the City and the Housing and Redevelopment
Authority of the City of Saint Paul, whereby the Housing and
Redevelopment Authority shall render certain property manage—
ment services, advice and assistance in connection with certain
activities of the Gity necessary for the clearance of land
situated in the City of Saint Paul, as more particularly set
forth in said agreement.
FOR APPROVED
Corporati C un
JAN 3 � 1969
COUNCILMEN Adopted by the Council 19—
Yeaa Nays F f -., f;
�9���'� ��� i9�i9
Carlson
Dalglish Approve 19—_
Meredith
n Favor
Peterson �
Sprafka (� Mayor
A gainst
Tedeaco
Mr. President, Byrne PUB�ISHEi FEB 1 1969
O
DUPLtCATE TO'PRIN7'ER � �" �� ■ ���
-J1��V
CITY OF ST. PAUL FOENCIL NO.
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION-GENERAL FORM
PRESENTED BY
COMMISSIONE DATF
RESOLVED, By the Council o� the City af 5aint Paul, that
the proper City officer� are hereby authorized and directed to
execute, on behalf of the City of Saint Paul, Property Manage-
ment Agreement between the City and the I�ousing and �tedevelopment
Authority of the City of Saint Paul, whereby the Iiousing and
Redevelopment Authority shall �ender certain property manage-
ment services, ac�vice and assistance in connection with certain
aetivities of the City necessary for the elearanee oi' lancl
s�tuated in the City of Saint Paul, as more p�rticulArly set
Yorth in said ��reernent.
���� =� : �"���
COUNCILMEN Adopted by the Council 1g_
Yeas Nays , �,
Carlson
�C��": °
Dalglish � Approved 19__
Meredith
Tn Favor
Peterson
Sprafka ') Mayor
Tedesco � A gainst
Mr. President, Byrne
O
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PROPERTY •TIEIIVTAGETi�NT AGREE�IENT
THIS AGRFEr1ENT, enterecl into as of this day of
, 196,, by and bet�reen the
CITY OF SAINT PAUL, MINNESOTA, a municipal
corporation, organized and existing under
the laws of the State of Minnesota, herein-
after referred to as the "City" , and the
HOUSING AND REDEVELOPTIENT AUTHORITY OF THE
CITY OF SAINT PAUL, riINNESOTA, a corporation
organized and existiiig under the laws of the
� State of riin.nesota, Chapter 487 , Laws 1947 ,
hereinafter referred to as the "Authority" ,
WITNESSETH:
WHEftEAS, The City has and will enter into various agreements
wi1;h the United States of America providing for financial aid to
the City; ancl
WHER�AS, Pursuant to such contracts , the City shall undertake
certaixi activities necessary for the clearance of land situated
in the City of Saint Paul , Minnesota; and
WHEREAS, The City desires to engage the Authority to render
certain property management services , adviee and assistance in
connection with such undertakings of the City;
� NOW, THEREFORE, The parties do mutually agree as follows : .
AR,TICLE l . TIME PERIOD OF MANAGErIENT AGREEMENT. This
� management agreement shall be in effect for a period of thirteen
(13) months beginning on the first day of December, 1968, and
ending on the 31st day of December, 196�; and further, this
agreament may be extended thereafter by addendum approved by
the parties hereto. Either party may terminate this agreement
upon the giving of 1;hirty (30) days ' written notice thereof.
. ARTICLE 2. PROPERTY OR PROPERTIES COVERED BY TH�S AGREEMENT.
The City hereby appoints the Authority as its sole and exclusive
renting and manabement agent of all of the City' s properties
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acquired in connection with Federally funded programs . These
properties will be identified by written notice to the Authority
from the City, giving the street address , the date of acquisi-
tion, the date tha� the Authority shall begin management , the
legal description, the names of the former owners , present
occupants , and identifying the legal �rela�tionships , past , �
present and future to the property as acquired by the City.
ARTICLE 3. SCOPE OF SERVICES TO BE PERFOftr1ED UNDER THIS
MANAGENIENT AGREEMENT. The Authority agrees to accept employment .
by the City for the operating and management of specific pro-
perties as they become subject to this agreement in the manner
stated above.
The Authority, in accepting this employment , agrees to use
due diligence in the efficient and economical management of the
properties for the period during which the buildings are to be
occupied, and upon the terms herein provided, including taking
charge of all units contained therein, whether occupied or
vacant , and taking charge of all the appurtenances thereto,
and agrees , subject to the provisions of Article. 6 hereof, to
maintain all mechanical , plumbing, heating and electrical
systems and elevators , if applicable, in a safe and tenantable
• operating condition, and to protect the property from vandal-
ism, fire, and unauthorized occupancy and entry. The Authority
shall maintain the property, including the land, until the City
begins the razing of the building. -
The Authority agrees to furnish the services of its staff
' for the collection of rentals , operation and management of
. the properties in accordance with the provisions of this
agreement. �
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ARTICLE 4. REPORT BY THE AUTHORITY TO THE CITY. The
Authority shall, as soon as it is practical , but not later
than thirty (30) days after the City turns the property over
to the Authority, provide a report to the City which shall
include the information hereinafter set forth.
The report requested shall include, to the extent the .
same is available to the Authority, the following information:
1. A listing of all service and�or maintenance
contracts in force; .
2. A listing of all employees of the property
or building, such as janitors , elevator
operators , stationary engineers , watchmen
and others ;
3. � A listing of all utilities used in the building,
noting whether heat is provided by separate
boilers in the building or, perchance,
purchased from Northern States Power Company;
4. A listing of all tenants in the building, giving
their rents and locations and noting any tenants
who are previously regarded as subtenants, or
tenants who use the building for storage �
. purposes only, and further noting any prior
agreements respecting os,mership of fixtures or
equipment ; -
5. A list of insurance which tenants are required
to carry themselves , such as plate glass
insurance and fire insurance; and
6. A copy of all leases in effect prior to
acquisition of the property .by the City.
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The Authority shall also inclu�e in the report any
suggestions which it feels will be helpful in effecting a
smooth transition of oi,mership and obtaining absolu�;e
possession, and its urge to identify any potential problems
in specific buildings.
' ARTICLE 5. INSURANCE. The City agrees to place and carry
public liability insurance on all properties which become part
of this agreement. The Authority will be named as a co—insurecl
in such insurance policies as the City may place. Premiums
will be paid by the City. Coverage shall be �50, 000��300, 000
for bodily injury and �50, 000 for property damage.
ARTICLE 6. INITIAL INSPECTION AND MAINTENANCE OF PROPERTY.
Upon receipt of notice to manage a specific property, the
Authority shall inspect the property and make recommendations
to the City for such repairs and�or maintenance as may be
necessary to operate the building in a safe and tenantable
condition. Upon the City' s approval in writing, the Authority
shall make or cause to be made, such repairs as may be found
to be necessary. However, emergeney repairs which must be
effected immediately to insure continued tenantability, may
be made without prior consent of the City if the same cannot
• prac�;ically be obtained, such as plumbing repairs over a weekend.
Regular physical inspections of the building shall be made
by the Authority and written reports t�he-reon shall be submitted
to the City, at least every sixty (60) days.
AR,TICLE '7. LEASES AND OCCUPANCY. When a specific property
is acquired by the City and becomes subject to the covenantness
of this agreement , the Authority shall undertake to enter into
month to month leases with all tenants in the building, on forms
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provided by the City for the Authority' s use. Al1 leases �
must be approved by the City. Copies of all leases shall
be filed with the City. In general , leases shall include
the following information:
1. Rent to be charged;
. 2. Starting date of tenaney; �
3. Date on which rent will begin to accrue;
4. Dates on which rent payments will be due;
5. Identification of utilities or other services
to be furnished by either party;
6. Restriction on use and occupancy;
�. Rights of tenant to a pro-rata refund of advance
rent payments - in the event of a move-out before
the end of a rental period;
8. When applic�ble, rights of the party as to
fixtures , equipment , if any; and,
9. Identification of insurance coverages which are .
to be the responsibility of the tenant.
Al1 rents shall be payable to the City, in advance, on the
first .day of each month. In most cases , rent shall be continued
at the previous rate, and the tenant shall continue to pay for
those utilities for which he was previously responsible.
The Authority may be asked to make recommendations for �
rent schedule modifications based upon the condition of the
building.
The Authority shall not rent or re-rent any vacant unit
in the building without the prior written consent of the City.
� Any renting or re-renting shall be subject to the conditions of
' Article �.
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ARTICLE 8. RENTAL REFUNDS. When tenants are relocated
prior to the date through w�iicri rent has been paid, the
Authority shall refund the unused portion of the rent on a
pro—rata basis. This request will be made by the Authority in
writing of the City for the remission by check of the unused
portion of said rent. � . .
AR.TICLE g. RECOVERY OF PREMISES. The Authority shall
assist the City with all proper actions to recover possession
of the premises or any part thereof should such recovery become
necessary.
AR.TICLE 10. OPERATION SUPPLIES, UTILITIES, FUEL AND
SERVICES. The Authority shall obtain all necessary operating
supplies , utilities , fuel and services which are normally the
responsibility of a building owner.
AftTICLE 11 . OBTAINMENT OF APPROVED COSTS OF OPERATION.
The Authority shall remit to the City for prompt payment, as they
become due, all invoices for approved costs of operations, such
as water rents , utility charges , fuel, operating supplies ,
services such as window cleaning, ash or rubbish hauling, snow
removal or other expenses charged to the operating of the
building, as well as the costs of all repairs authorized by the
City, and the City shall receive the benefit of any and all
discounts offered for prompt payment . Al1 matters pertaining to
general assessments on the property shall be gaid by the City.
The Authority shall present , monthly, an itemized statement,
with vouchers , to the City for all approved expenditures as
i_ndicated under Article 13.
ARTICLE 12. The Authority agrees to deliver to the City,
on or before the 15tb day of each month, all funds or monies
collected less any authorized expenditures or, in the alternative
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and at the City' s wr.itten request , shall deposit all such
funds or monies in an account to be established by the City
for this purpose.
ARTICLE 13. MONTHLY REPORTS. The Authority shall render
on or before the 15tn day of each month, a report in a form
acceptable to the City. Such reports shall show a complete
statement of receipts and disbursements , with vouchers , if any, �
for the monthly period ending on the first day of the previous
month. All rental arrearages shall be itemized separately.
AR.TICLE 14. VACATED UNITS. As soon as any unit in a '
building becomes vacant , the Authority shall notify the City
on a form to be provided, and the Authority shall take the
following steps :
a. Shut off all utilities in the space .
vacated and shut off or reduce heat , whichever
is most feasible, taking care to insure that
all steps are taken to provide continued
services to all remaining tenants as provided
in their leases. The Authority shall properly
. tag and identify all keys turned in by tenants.
b. Secure the unit against damage, vandal-
ism, fire and unauthorized occupancy and entry,
taking care not to obstruct access to fire exits.
ARTICLE 15. SUBSTANTIALLY VACANT BUILDINGS. When a
building becomes 75 per cent vacated, the Authority and the
City shall meet with the intention of discussing the alternative
regarding the future of the building and all phases of the pro-
blems attendant thereto.
� AR,TICLE 16. COMPENSATION. The City shall reimburse and
compensate the Authority for its costs in performing under this
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agreement in accorclance witYi the scliedule set out in Exhibit
A attached liereto. This reimbursement shall include a 10 per
cent factor for the operations and general administrative
overhead. The City shall reimburse those employees of the
Authority, specifically assigned to perform under this agreement
for mileage at the rate of 7-1/2 cents per mile for travel
incident to and performance of their duties under this agreement.
AR,TICLE 17. METHOD OF PAYMENT. The Authority shall
submit a billing to the City on a monthly basis in accordance
. with the provisions of this agreement . Within ten ( 10) days
after the receipt of the billing, .if correct according to the
City' s records , the City shall make payment to the Authority.
AR,TICLE 18. EQUAL EMPLOYI�TENT OPPORTUNITY. The Authority
agrees to cause the following provisions to be inserted in all
contracts or subcontracts for any work covered by this agreement
so that such provisions will be binding upon each subcontractor,
provided that the following provisions shall n.ot apply to
contracts or subcontracts for standard commercial supplies or
raw materials. � �
The Authority agrees that it will not discriminate again.st
any employee or any applicant for employment because of race,
� creed, color or national origin. The Authority will take
affirmative action to_ ensure that applicants are employed and
that employees are treated, during employment , without regard
. to their race, creed, color or national origin. Such action
shall include, but not be limited to, the following: employ-
ment , upgrading, demotion. or transfer; recruitment or recruit-
ment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
� including apprenticeship. The Authority agrees to post in
conspicuous places , available to employees and applicants for
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employment , notices to be provided by the City setting forth
the provisions of this nondiscrimination clause.
The Authority will , in all solicitations or advertisements
for employees placed by or on behalf of the Authority, state
that all qualified applicants will receive consideration for
employment without regard to race, creed, color or national
origin.
ARTICLE 19. FINDINGS CONFIDENTIAL. The Authority agrees
that its reports , data and records are for the confidential
information of the City and that it will not disclose its
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reports , in whole or in part , to any person whatsoever, other
than to submit its written reports , data and records to the
• City and will only discuss the same with it or its authorized
representatives.
ARTICLE 20. NON-DISCRIMINATION. In the performance of this
agreement there shall be no discrimination by the Authority or
any subcontractor against �any tenant or employee or applicant
for employment for the work covered hereby because of race,
creed, color or national origin.
AR.TICLE 21 . CHANGES.
a. The City may, from time to time, request
• changes in the scope of the services of the
Authority to be performed hereunder. Such changes ,
including any increase or decrease, in the amount of
the Authority' s compensation, which are mutually
agreed upon, shall be incorporated in written
amendments to this agreement.
b. The performance of services required here-
under shall not relieve the Authority from the
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, obligation to correct any services improperly
performed and subsequeritly discovered, and all
incomplete, inaccurate or defective services shall
be remedied by the Authority on demand tvithout
cost to the City. •
ARTICLE 22. RESPONSIBILITIES TO BE RETAINED BY THE CITY.
Notwithstanding any con.trary provisions of this agreement , the
City shall retain the following rights and responsibilities :
1 . Approval of rents to be charged;
� 2. Decisions on matters of tenan.t eviction and
execution of such tenant eviction proceedings ;
3. Determinations with respect to writing off
� delinquent accounts ;
4. Determinations respecting the duration of
tenant occupancy; .
5. Decisions as to when it is no longer feasible
to continue the operation of a partially
occupied structur.e, or when it is desirable
to relocate the remaining tenants so that the
structure can be demolished;
6. Obtaining of insurance; and, �
�. Dealings with public agencies having juris—
diction over property taxes .
IN WITNESS WHEREOF, the City and the Authority have executed
this agreement as of the date first above written.
Form proved• CITY OF SAINT PAUL, r1INNESOTA
By
As ' ant Cor or i Co nsel Mayor
�
� Commissioner of Finance
City Cl.erk
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Countersigned: �IOUSING AND REDEV�LOPMENT AUTHORITY
OF TIIE CITY OF SAINT PAUL, MINNESOTA
City Comptroller By
Its
Approved as to form and .
execution this Its
day of ,
196 . .
Assistant Corporation Counsel �
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EXHIBIT A
Admi.nistration and Operations overhead •
TOTAL � � $41,352.00
1% or 413.52 year
Site Office
Relocation Counselor $3.89 hour
� Senior Steno 3.13 hour
Retirement Benefits 8.2% of $12,087.12 - - - - - - - - - - - - - - - $ 991.14 year
Sundry Overhead, Rent .
Telephone, Stationery, P�stage, etc. 2% of $49,360 $ 987.20 year