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233004 C�--'"— � � .— �!, .• �� ORIGINAL TO CITY CLERK 233OO�� • CITY OF ST. PAUL FILENCIL NO. �� � - OFFICE OF THE CITY CLERK - COU C RESOLUTION GENERAL FORM � PRESENTED BY . COMMISSIONE DAT p � r — �` a i �� � I • RESOLVED, that the proper officers of the City of 5aint Paul } 1. are hereby authorized and directed to enter into an agreement taith the = . Department of Housing and Urban Development fox preli.minary plan preparation - . for the construction of a new arena for Civic Center with parking facilities � and tunnel connection to the Eagle Street Ramp, a copy of which agreement ; is heret�ith attached, marked Exhibit "A" and made a part hereof by reference. ' �� , i � � � ; � _- f �aF��, RPROVED � ',� i Asst. Corpor�tloCl Counsel • � ! ; � - � i . . � .. ,. . _ _ � f � . -t -�. � . ; , �' �, "` ' � � . � f ' + r � � i .. � �' � - I ! `, ,� i � • ` , ! I F , �� R � �� k : COUNCILMEN ',Ap . I �� Adopted by the Council 19_± i Yeas Nays ,, � : Carlson � �� � ������ ' f � s Dalglish pproved 19— � � � � . �,._ Holland ,� Meredith . In Favor - � Peterson- � �yor ;; Tedesco ' A gainst ' � Mr. President, Byrne . � PUBLISH�ED APR 2 21967 ` , � �2z � � ' , , � ' � � y r! . � 233004 � ��r � • DEPARTMENT OF HO��zNG AND URBAN DEVELOPMENT DHUD-W120 j; I cil-65� •I (formerly CFA-1�20) � AGREEMEtdT FOR PUBLIC WOREtS PLAPd PREPARAYION � �� � ?; � • � Project No. P-M�.xu1.-�090 � � ' � . � TO: c'•ity of Saa.nt Pau1� Min�esota . C�NTRA�l" �3�J�`:;^�° =: + ' (Gegal Corporate Name of ApplicantJ M ! � � , �j/ �y'O-,2�" 02!�'/G , � �� , � Saint Pau1, Ramsey County, Minn�sota � (Address of Applicant) i � - , - 1,� . , . .�� t � - ' r� ' pursuant to^the provisions of Public Law 560, 83rd Con�ress, as amended, and your application, as modiEied ' ; and supplemented, and subject to theTerrrcs and Conditions, , attached hereto ' ! � I and made a part hereof, the UNI'TED S1'ATES OF AMERICA, acting�by and through the Secrecary of Hqusing and • � � Urban Developmenc, hereby offers to make you an advance of not to exceed $ �11�,615.00 co aid you in � financing che cost of plan preparation, to consisc of preliminax`y p1.a.n prepaxation for the eonstrue ion � of a new axena. for Civic Center with parkin� facilities and tunnel connection to the + ' Eagle Street Ramp. . i � : 4 � � i � � � _ L . � x ., By the acceptance of this offer, you agree to submic the above-described plan preparation within �34 ' days from �he date of your acceptance hereof and covenant that you will repay the advance when required to do so � under the provisions of said Law and Terms and Conditions. � � 3 � ! This offer must be accepted, if at all, within siaty (60) days from the date hereof. ; � . s t rf ' This // �r'y day of � , 19�, � �� � �� ' UNITED'STATES OF AMERICA � r � • , . Secretary of Housing and Urban Development � � i � � , . _ �: � 3 ; p � L 1 17 i -� Assistax} Regional. Ad.ministrator y � Titlef'nr Met4_�p.�olitan. Developmen-�f, �- F � ;; _ Region f� �- • � , � : ili i _._ ._ __�_ ...�__ ____ _.__.___. . ._�_.., , ' �j J', � � . EXHIBIT "A" u , � - - i �; , , `' . � � �� � z i + ' 1t T ' y t+ �� ACCEPTANCE �: � i- i }� (� �� t � The foregoing offer is hereby acceptedthis day of , 19�. # .,1 �s i � - � ' ' � '�5�.�,.,,'`^�..4 � ? � C3 y o� Sa;nt Pau1.; Minxxesota (Legal Corporate Name oj Appl�cant) �� � �C ; omas . Byrne, Mayor = � } �Josep J. ,4itc e , ity om�tro er r � + Dean b4eredith, C��i�#�sioner of Librari.es,, i � Auditorium and Civic Buildings � I - � 1 � . d ;� CERTIFlCATE � � � � I, the undersigned, HEREBY CERTIFY that I am che official custodian of the records and proceedings of the � goveming body of the above-identified Applicant; and that�such retords and proceedings show �hat, pursuant to = �} proceedings of said goveming body had and adopted on the day of ? 19�, the foregoing offer of the United States of America has been unqualifiedly and duly accepted by said � � Applicant. • � i :i =1 This day of , 1�. • • ' ; i ' . ' � ' '� i , , _. kiarry . � ars a � . City Cler..k - °� '�� � � (Title) , . y (SEAL) ' � , a � + ' • . • " GPO 8�7•699 ' � � t . , F � # I + '� i -- � - --- - ----- - - . -- ,---o-- �- -- -- - - -. - -- --- � � � � . . �, � : - �� J ; y • : � 3 - � Y . � � PROGRAM OF ADVANCES FOR PUBLIC WORKS PLANNING TERMS AtdDCONDIYIOPdS �. j } � E - ;- 1 �� { 1 1. The applicant shall not use the advance, or any portion thereof, to defray the cost of any part of the plan - f preparation which, prior to the date bome by the offer to which these Terms and Condicions related, has been per formed or has been included in any contract in which the applicant has agreed to finance such plan prepazacion " � wich any specific funds other than those to be supplied by the Government. : � 'i !� 2. The plan preparation to be paid for with the advance shall be limited to the project for which the advance E ) is made, and the applicant•shall cause the plan preparation to be'such as will permit of the conscruction of the t fv6tk cont�ttlplgC@d Cheteby ac a to�o Which i� a+ichin i�� abalicy ta finar�ee and which brnrs � re�o�n�ble telacioa F _ � to the estimate of cost therefor contained in its application for an Advance for Public Works Planning. l ' t � 3• If data obtained during plan preparation indicate that unforeseen conditions will increase the cost of the ' public work substantially beyond the original estimate, the applicant shall suspend plan preparation and notify the � Governmenc as soon as possible. �" ! � 4. The applicant shall not perform the plan preparation with its own fo�ces except (A) as shown in its appli- jcation, or (B) as may be approved by the Govemment at the applicant's request prior to performance of the work. � t 5. In the event the Govemment has approved the use of the ap�licant's own empioyees to accomplish the plan � preparation, only those costs incurred by the applicanc for the plan preparation which would not have been incurred #• eacept for the undertaking of theplan prepazation shall be paid from the Govemment's advance. 1 6. The applicant shall keep accurate accounting records of all costs involved in connection with each advance. The accounts and records of the applicant, together with all supporting documents, must be open at all times to s inspection by authorized representatives of the DHUD, and copies furnished when requested. The applicant shall � furnish a copy of any contract entered into in conneccion with pl an prepazation immediately upon esecution y 'thereof. ` 7. The advance may be requisitioned when plan preparation is completed and presented to the Govemment, �, together wich evidence of the applicant's approval thereof, including specifically the then estimated cost of con- `� struciing the public work contemplaced by plan prepazation, and any ocherapprovals required by Federal, State or T� local law. Upon receipt of such data, in satisfaccory form, and if the Govemment is satisfied that the applicant has t .; complied with all its o}sligations under the said Agreement, che full advance buc not ezceeding the accual plan =i preparation cost will be paid. ' I Interim payments may be made if the Govemment finds such interim payments are justified to insure prompt completion of plans. � h . ' '� � 8. The Govemment may elecc to terminate all or any of its obligations under the said Agreement: . - � � 1 ' �; � � (a) If any tepresentation of the applicant, in its application or in any supplement thereto or amendment thereof, . ; ' or in any documents submitted co the Govemment by the applicant in connection wich such application, i � shall bc incorrect or incomplete in any macerial respect; ' t �, ,. _. . _ . ., � (b) If the applicant shall fail to commence promptly or complete theplan preparation within the time provided , therefor in che Agreement or wichin the limits of any excension of time as may be approved by the Govem- _ � menc, ot if the applicant shalI fail otherwise in theperformance or fulfillment of any of its obligacions to be � � j 1 performed or fulfilled under the Agreemenc; - • • , � � � ; � , I (c) If the applicant shall fail to submit or cause to be submitted to the Government any reports, data, plans, . ; drawings, specifications, contracts,_escimates, approvals, or other documents pertaining to the plan � � preparacion contemplated by the Agreement, that may be requested by the Govemment; 3 � - i , � � � i � � - , --- ----•--�--- , - __ ----J . t c . • � : , s • ,, ., . ; � . j � . - . � ' (d) If any official of the applicanc shall become directly or indirecdy inceresced petsonally in any concract or sLacoctracc i� com�eccion a�ith t;�e aforesaic'- e;an Crena:2tion. . If che Government cerminaces its obligations the applicant aill be liable for immediace refunc� of any.funda _ , advance b}' the Governmenc. ..,, _ _ , . . __ _ , ., . ' �� _""` --�„•,-- - � 9. In the event the applicant has employed or shall employ any person,firm,or corpo'ration, egcepting�bona• "'�" ' � ' � fide employees and persons, firms, or corporations employed under a bona fide contract tc render professional or � cechnical services only, to solicit or secure the advance covered by the Agreement to which these Terms and � Condicions relate, or any other contract right under such Agreement, upon an agreement or understanding for a commission,percencage, brokerage, or concingent fee, the Govemment•shall have the righc co annul said Agreement without liability or in its discretion to deduct from che advance otherwise payable under the Agreement the full � amount of such commission, percentage, brokerage, or contingent fee. � 10. The advance shall be repaid promptly upon the start of construction of the public work contemplated in the ' ' � planning report. Construction shall be considered as undertaken or started when the first construction contract is i � awarded or the applicant begins construction with its own forces. If construction of only a porcion of theplanned , work is undertaken, repayment is required of such proportionate amount of the advance related to the work as the Administrator determines to be equicable. ' '•" � � � 11. In the event the applicant should, for any reason, fail to repay promptly the advance in full in accordance ! wich its obligation under this Agreement, whether such obligation shall arise by operation of law or under the said � Agreemenc, such unpaid sum shall bear interest at the rate of four per cencum per annum from the date of the Gov- ;; emment's demand to the applican� for the repayment to the date of payment �hereof by che applicant. � ' f 12. The Govemment shall not be obligated or liable under the Agreement to any party other chan the applicant. ,� � .13• No.member of or delegate to the Congress of the United States of America or resident commissioner shall � be admitted-to any share or part of the Govemment's advance or in any benefit arising therefrom. � - 14. The applicant may terminace che Agreemenc at any time prior to che Govemment's paymenc of any portion of =� � `- the advanc�by wtitten notice to the Govemment of such termination. In such event, the Govemment will be relieve ' � �`i of all�ics obligations under che �greement. If the applicant terroinates the Agreement after receiving any portion of � I the advance, ic shall prompdy refund to the Govemment the portion of•the advance that has been paid�by the'Gov- ' ernment unless tAe abandonment is concurred in by the �vemment.' ' �:: � ' ' ' ' , ,�, �'• ',: : .� 15. This contract is sub�ect to Title VI of the Civil Rights Act of 19b� (P.L. 88-352, _ approved July 2, 196�) and the rules and regul.at3.oris.�(��+:CFR� '�u"tit�itTe':A, Part I), - issued by the Housing and. Home Fina.nce Agency pursuant thereto, now the Department of Housing and Urban Development. . � - � _. . .:.� .. _. „ � _ .. , � ' ' r _�� � ' .1 , � � � ' • ' - � • ' ; � ' � ^ f . r , i ' , t N ' 1 • 7i . � , _ ' ' '�N . + '