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225710 ORIGIHAL TO�CITY CLERK ' �25��.0 jr � ' � CITY OF ST. PAUL FOENCIL NO �'� � OFFICE OF THE CITY CLERK ' COUNCIL RESOLUTION—GENERAL FORM �RESENTED EY COMMISSIONEe_ � � DA� RESOLVED, by the Coun.eil of the �City of �aint Pauli that the proposed Supplemental Agreement No. 2 by and between the State of Minnesota� ac�ing by and through its Comm3.ssioner of Highways� therein designated the '�State" � and the City of Saint Paul� therein. designated the "City" � a.mendatory of the prior Agreement No. C-2556 M, dated January 25� lg6o, and an amendatory agreement �th�reto authorized by the provisions�of Resolution of the ��Gouncil , Council File No. 199687 whereby the City agreed� sub�ect to t�e provisions and conditions of said prior Agreemen.t an.d Supplement thereto� to advance certain sums of money to the State for th� defrayment of the StateT s share of the co�t of pro�ects therein defined� for the improvement of certain Trunk Highways within the corporate limits of said City� designated therein as "State Trun.k Highway �ro�ect No, 1" and "State Trunk Highw�y Pro�ect No. 2" � a copy of which said �upplemental Agreement No: �2 is .,filed herewith� hereby is in all things approved- and authorized� and the proper City o�'ficers� in behalf of said City� hereby are authorized and directed to execute .said Supplemental Agreement No. 2� as approved by the �Corp oration Counsel. --�,,,. wv �a'i'� � . • �v � �_ �'_ __ - � yy..� •• t �ORM APPRO�E� ,- � � Ass� Corporatian Counsel OCT 2� 1965 COiTNCILI�N Adopted by the Council 19._ Yeas Nays Dalglish oG'T 2 6 ��7N�J Holland prove� 19— Loss Tn F'aVOY' � Meredith Peterson �SyOr -Ros�c�e-- � A gainst ,'P�I�LISHED �L'� ,`�Q '�,� Mr. President, Vavoulis IObi b64 DU►LICAT[TO rRINT[R ^('����� � CITY OF ST. PAUL FIOENCIL NO �-�� OFFICE OF THE CITY CLERK ' COUNCIL RESOLUTION—GENERAL FOR.M IRESENTED tT COMMISSIONER QATF RE50LVED� by the Council of th� City of �aint Paul� that the proposed Supplemental Agre�ment No. 2 by and between th� State ot' Minnesota� �eting by �nd through it� Commis�ioner of Highways� therein des3gnated the "�State"� and th� City oP �aint Paul� therein designated the "City�' � amendatory of the prior Agreemen� No. C-.25�6 M� dated Janudry 25� 1960� and an am�ndsttory agreement th8reto authorized by the provis�iong of Re�olution of fi,he Councilt Council File No, 199687 whersby the City �grsed� sub�ect to the provi�iona and conditiona of s�id prior Agreement and Supplement thereto� to advanae certain. aums of money to the �tate for the deYr�,yment of the State' a ahare of the co�t of pro�ec�ts ther�in defined� for the improvement of certain Trunk Higkixay� within the corporate limi�s of �aid City� deaign.�ted therein aa "�ta�te Trunk Highway Pro�ect No. 1" and "St�te Trunk Highway pro�ect ATo. 2"� a �opy of which �aid �Supplem�nt�l Agrsement No. 2 is fil�d herewith� hereby ia in a�ll thiag� approved and authorized� and th• proper City offieers� in behalf of aaid City hereby are suthorized anc! direatsd to •aeaute said Supplemen�al Agre�m�nt No. 2� aa approved by the Corporation Counsel. OC1 �61965 COLJNCILI�N Adopted by the Council 19— Yeas Nays Dalglish OCT 2� 1985 Holland � ApprovP� 19— Loss Tn Favor Meredich � Petersoa �AyOr against �R�esen-- Mr. President, Vavoulis loas e-� _� • -�:_�' i - . � �� � == :� " �2�'�10 ,► � Supplement Noe 2 to Agreement No, C-255b M bet�roen The State of Minnesota, ' � Dspartmsnt of Hightrays, and The Ci.ty of St. P�ul, Mi.nnesota Re: State Tr�nk Highway Project Noe l 3tate Trunit Highway Pro3ect No, 2 SUPPLEMENTAL AC�tE.EMENT N0. 2 THIS SUPPLEMENTAL A�'����T made and entered into by and between the State of Minnesota, acting by and through its Commi.seioner of Highways, hereinafter designated the "State�" and the Ci�y of Saint Paula a municipal corporation o� the State of Minnesota, hereina,f`ter designated the nCity,t' WITNESSETH: Wt�REAS tho State and the City did enter into AgrePanent No. C-2556 M , dated Januarg 2S, 1960, wherein the City agreed to advance certain sums of money to the State for the a.mprovement of certain Trunk Highways t�ithin the City, which pro3ects �uere designated in said agre�msnt as '2State Trunk Highway Pro�ec� Noe ln and "State Trank Highwa�r Pro�ect No. 2;tt and W�EAS the State and the C3.ty did entar into a supplement to saa.d � agreement (dated November 29, 1960) wh�reby the pro�ect limits of said State Trunk HighVray Project No, 1 (an 5tate Trvnk Highwa,y AToo 51� S�ielling Avenu� ti�rom N�nnehaha Avenue to Comw Avenue") ti,ras changed to 47from Hewitt Av�nue to 2iidway Pa-rkvray;t� and �the estimated costs of said pro�ects were revised to include the cost of acquisition of rights of Ur�p; and the total estimated costs of said pro�ects, inclusive of right o� vaay acquisition, z,rere reduced to $1�.,200,Q00 for said State Trunk Highr;ray Project Noo 1 (instead of the original estimate of $5,040,000), and to �10,500,000 for said State Trunk Highway Pro�ect No. 2 (instead o� the original estima.te..of �L1.,000,000); and � r 1 � ? ' . � .�. � � r.f � .- ' ' C-255b M s� r � • ♦ WHF�tEAS the aforesaid revised cost estimates am�unt to a total of �I.LI.�'rOO9OQO9 the Cityts cash advance to the State of �0 per cent of the said total cost esti.mate would be limited to $79350,�; and Z�EAS a new revised total cost estimate of the said projects is groater than the aforesaid $�11�.,700,000 estim,ate, it is desired tha,t such . revised cost estimates be se� forth herein in order that the City may advance . fuuds to the State in ex�ess of the aforesaid $7,350�000 (but not in ex,cess oY the���89 000,000 limitatiora set forth in the original agreement). NOS�T, TI�tEFQRE, IT IS AC�.EED g5 FOLL(�WSa , lo The last paragraph of Page 3 0� said Agreemsnt C-2556 M as aanended by the supplemental agreeinent of November 29, 1960., is hereby amsnded to read: � W�S the estima,ted cost o�' said proposed State Trunk Highw�y Project No, l, inclusive of right of wa,y acquisition, is approxi.mat�lg $1�.,800,OOC and the est�mated cost o� said proposed State Trur�.k Highway Pro3ect Noe 2, inclusive of right of vaay acquisition, is appro�d.mately $12,600,000, and such ost3�nated cost of each said proposed Project would nacessarily rern,ire a delay �.n its progra�ing, pl anni ng� enginaering vrork and e�oecution if �herefor reliance must bs Iimited for necessary financing to methods lega]1y available to said State a.nd said City, exclusive of those provided b�r said Chapter 538, Session 7�a�as of Mi.nnesota for 1959, and ' 2o Paragraph numbered 5 on pagc� 6 of said Agre�ment C-2556 M as a�nded by the supple�ntal agreement of Nogember 29� 19609 is hereby a,mended. to read; 5. That the estimated cos� af th� subject aforesaid proposed State Trunk High��� Project Noe 1 represonts the a�wunt o� approxiu�atel.� �.�800,000, and the estim�.ted cost of the subject afore�ai.d proposed State Trunk Hight,ray ' . Project Noo 2 represents the amount of appro�dmately $12a600aQ00s in each instance9 inclusive of right of way acquisition cost; tha�, am.ong o�her th3ngs, ar�y undertaking b� tho State hereunder o£ said proposed State Trunk Highway 2 . � � •;�� �� ,, , � �_ � �i . . c-2556 M Projects, or either of the same, ahal.l. be deemed contingent upon the s�atus of the same as an'i.ntegral part of the Stateqs Trunk Highway S�stem and shall be furthor dependent upon tha procurement of the necessary funds for the financing of the same, by the Stato, in tho amount of �0 per cent of said estima�ed cost of the same in the nature of a grant by the Federal Government to the State under and pursuant to Chapter l, Sect3.ons 101 to 131 inclusive, Title 23, United 5tates Cod.e Annotatod� 19599 and 3xl aan addi�ional amount equal to the re�?.n�� 5a per cent of said estimated cos+.. of the sama, in the nature of advances to tne State b� the City in cash or engineering services, or both, therefor under a.nd - , pursuant to the applieable provisions o�' said Chapter 53g, �Session Laws of Minnesota for 1959e 30 ' Before this Supplemental Agreement becomss binding and effective, it shall be authorized and approved by resolution of the City Council and sha]1 be approved by such State officers as the law may provide in addition to the C�i.ssioner of Highttirayso 4o F�ceept as moclified and amended herein, tho provisions of said Agreement C-25�6 M and the supplement thereto dated November 29� 1960, shall remain in f�Z].l force and effecto 3 � � . ��,...., v � - . ---�� � C-2556 M ��� � - . `�� � . IN TESTIMONY 6dHEREOF the parties have du1.�p exscuted this Agreem�nt by their dulp authorized officers an.d. caused the5.r respective seals to be herowato affixede (City Seal) CITY OF SAINT PAUL BY Ma�gor F Attesto City Clerk By Commissioner of Public Works Approved as to form: Countersigned: Asst.Corporation Counsel � • City Ca�ptroller Date . �� DEPARTMENT OF HIGHhfAYS STATE OF MINNESOTA Recor�ended for Approvalo � C�mi.ssioner of High�rays CYief Ehgineer Date (Date of Agreement) Approved as to fo-rm and Approved: exocutiona Com�.ssioner of Admini.stration Special Assistant Attorney General By State of Ptis�nesota (Authorized Signature) � 4 � ,