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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 . ��i 3 � 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 . . . .. ... , . . ..... .... .. .. .... : . .. i � � � . _ _.. _...�._ .. ..� ...,.-,-n ._ :""..�. 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. � 2 • . � . . . . . .... _ ... . . . r._.... ., • ' 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. 3 _ � . _ _ r.. � . 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 4 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 �. 5 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 � 6 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 7 � , - � ' 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 . 8 . . . r- ; � __. . _� � .�_ .., ..., ._r - - .__ ---- ----__�.. ._._.v..����� __�.�._.�. _:..._.__ _ .� .. �� -- - ----s------- -- 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 , 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 9 O , 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 10 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 � 11 . . . . ,. _ __._ _ __ _ .__ __`.--�--�.....----.�...__----______:�._.–.._.__ ���.w;:.���...,���__ - ._ �w�------ _ _ . — - ------ ..---- 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