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D001613CITY OF SAINT PAUL n u � L J ► OFFtCE OF THE MAYOR ADMINISTRATIVE ORDER ADMIIVISTRATIVE ORDER, No: p bf� /,3 Date• If WHEREAS, on June 30, 1997, a severe rain storm caused flooding to properties along Hoyt and Montana Avenues between Kennazd and Flandrau Streets; and WHEREAS, residents of the area subsequently petitioned the City for relief; and WFIEREAS, the City sought and acquired grant money from State and Federal sources to purchase the affected properties with the intention of demolishing the improvements to create a dry pond; and WHEREAS, on July 22, 1998, the Council approved Final Order CF# 98-658, authorizing the Hoyt- Montana Flood Remediation Project; and WHEREAS, several residents will need time to find and purchase new homes; and WHEREAS, demolition or removal of most improvements will not begin unul summer of 1994 ; THEREFORE BE IT ORDERED, that the ptoper City officials are hereby authorized and instructed to execute lease agreements, allowing those residents who will need time to find new housing to remain in their homes until summer of 1999. G✓l��_ �� r.�/s� ✓�iud �����J/ Assistant City Attorney Department Hea� �/ APPROVED AS TO FORM ,�-�� -��" Date to poor�r,3 • � , Counci( File # ORIGINAL Presented 6y: RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # `i$ 6'1147 �� Referted To: Committee: Date � WHEREAS, the HoyUMontana neighborhood on the City`s East Side suffered a devastating flash ffood z as a result of the July 1, 1997 storm and was subsequently designated a Federal disaster area; and a a s 6 � s 9 �o �i �s 13 14 is 76 77 78 19 2a zi zz 23 24 25 zs z� 2a 29 30 31 32 33 34 as 36' 37 38 J9 ao di 42 aa <4 as as 47 48 49 so si sz 53 u WFfEREAS, after many years of large financial expenditures by the City trying to resolve this flooding problem unsuccessfully with piping sotutions; and, WHEREAS, the HoyUMontana Flood Remediation Task Force's recommendation to remove and/or demo(ish 34 homes and construct a dry basin holding pond was accepted by the Mayor; and, WHEREAS, the City will proceed to do the project in three phases: Phase 1 is acquisition, Phase tl is demoiition, and Phase ill is contruction of the dry basin holding pond; and WHEREAS, the State DNft has committed up to 51.7 million to the City of Saint Paul for this purpose; and WHEREAS, the Federaf Emergency Management Agency (FEMA) has committed 557�,000 to the City of Saint Paul for this purpose; and WHEREAS, the Minnesota Housing Finance Agency has commiited S125,000 for this purpose; and WHEREAS, over the length of the whole project (not just Phase I) the City must provide a match of 100°!0 (�1.7 million ) to the DNR grant, and a 25°!o match (�190,�00) to the FEMA grant if it expends these funds; and WHEREAS, some in-kind City services, such as staff time administering the project, will be aliowed as part of the City's share of the match; WHEREAS, the Mayor, pursuant to Section 10.07.04 of the City Charter, recommends the following changes to the 1998 operating budget for Phase 4(Acquisition and Demolition) of the project; now THEREFORE BE IT RESOLVED, by the Counci! of the City of Saint Paul, upon recommendation of the Mayor and advice of the Long Range Capitai Improvement Budget Committee, that the'i998 Operating and Capital Improvement Budgets, as hecetofore adopted and amended by this Councii, are hereby further amended in the following particulars: Current Amended Bud.get Ch�ngg Bud�et F{NANCING�LAN Hoyt-Montana Flood Remediation - Phase I CPL-C96-2B030 State Natural Resource Funds (DNR Grant) - 3408 Other Fed. Qic Grants-State (FEMA Grant) - 3199 Other State Grants (MHFA Grant) - 3490 Traoster from Enterprise Fund (Sewer Fund) - 7302 1993 CIB Bonds (1993 Council Contingency) CIB Bonds (1995 CSSP Program) Sewer Revenue 6onds (1995 CSSP Program) Total SPEIJDItJG PLAN Hoyt-Montana Ffood Remediation - Phase I CPL-C98-2B030 Acq u i s i tio n/ Relocaii o n Demolikion Utility Abandonment E ng+nee ri ng(Con tinge ncy Total 0 0 0 0 0 0 0 0 0 0 0 0 0 1,700,000 570,000 125,000 33,000 2i8,00� 200,000 2�0.0�� 3,046,000 2,436,00� 330,000 so,000 200.000 3,�46,000 1,700,000 s�o,aoo 125,000 33,000 Z� 8,�� 2��,�4� 200 000_ 3,046,00 2,436,00 330,000 so,000 _ Zpp,O�� 3,046,000 � • ss 57 � 59 60 61 62 63 64 65 66 67 68 69 70 ii n 7a 7a 7s 76 n �e 79 au a� 82 81 sa ss 86 87 88 89 90 91 sz 93 94 95 96 97 98 99 aR��tiNA� �NANCJ.NG�LAN Department ofi Public Worics Sewer Utility Enterprise Fund - Sewer Construcfion GL-260-22221 Use of Retained Earnings - 9925 Contri6uted Capital - 9930 A�l Other Fund Financing Total SPE�DiN PLAN Department of Public Works Sewer Utility Enterprise Fund - Sewer ConstrucFion GL-260-22221 Other Structures - 0899 AII Other Fund Spending Total EIN,gNCIN �..A�J 1495 Combined Sewer Separation Program CPL-C95-2T628 Transfer from CIB - 7315 Capital Fin, from Ent. Fd. (Sewer Rev. Bonds) AI! Other Financing SQ�DiNG�LAt� � � 1995 Combined Sewer S��ati� CPL-C95-2T628 Q „ � Engineering/Consfructic$t a � '�� a�i a p " A .� � FINANCING PLAN �'° l 1993 Councif Coniingend� '$ i CPL-C93-OT010 rn � � Transfier from '1993 CI� �II't3 w ,- � � � SPENDING�./�N ,S 'S � 1993 Gouncil Contingenc� a � CPL-C93-OT�10 w U t� Engineering/Constructi�rn � � Benanav Boswm Coleman Harris Absenl 6964 Total Current Budget 0 0 46,026 843 46,026,843 0 46 0�26�843 46,026,843 4,311,406 15,251,962 21 161 325 40,724,693 Char3ge 33, 000 3,073,000 0 3,046,000 3,046,000 0 3,046,000 (200,060) (200,000) 0 (400,000) Requested by Department of: �7oai1�13 �18 — G� Amended Budget 33,000 3,013,000 46,026 $43 49,072,843 3,046,000 46,026.843 49,072,843 �4,111,406 -15,051,962 z� �si.a2s 40,324,693 4� 324.693 40,324,693 � 0 0 --- p Financial Services Office — BY� � � �---- — lJ Approval Recommended by FSO - Director: . Adopted by Council: Date _��,�°��� \ Adoption Certified by Council Sec eta . BY. �`Y� �A . !r f - — Approved by By: Form by by to i� \J ([filename]) Revised Authority (C.F. or A.O.) LEASE NO. FINANCE DEPT_ LEASE NO. DATE: LESSOR: CITY OF SAINT PAUL DEPARTMENT OF TECIINOLOGY & MANAGEMENT SERVICES poalb�3 CITY OF SAINT PAUL RESIDENTIAL LEASE AGREEMENT . [1] Leased Premises. The LESSOR, in considera6on of the payment of one dollar and Additional Rent hereinafter specified to be paid by the LES5EE, and the covenants and agreements herein contained, does hereby lease, demise and let unto LESSEE the premises hereinafter refened to as the "Leased Premises," whose address is: [2l [3) [4] together with any buildings, fixtures in such buildings, improvements and structures, if any, located thereon; Term of Lease. This lease shali be on a month-to-month basis, beginning on the date of sale to the LESSOR of the L.eased Premises and ending upon nouce of either party as provided in Paragraph [6], but no later than June 30, 1999. Use of Premises. The LESSEE shail use and occupy the I.eased Premises for ffie following purpose: solely as aprivate dwelling unit for the LES3EE and immediate household and for no other purpose without the prior written consent of LESSOR. Rent. Basic Rent shall consist of $1.00. Additional Rent shall include tbe following costs: (1) Ali utility services required on the premises shali be in the name of the LESSEE. LE5SEE shall pay for the said utiliry services, and shall be responsible for cancellation of services at the termination of this lease; �2) t3) LESSEE shall assume the cost of any maintenance and repairs; and LESSEE shall acquire and maintain renters' insurance and pay premiums thereto. 1 Doolt��3 . [5] Risht of Entry_ At ali times during the term of this lease, the LESSOR shail have the right, by itself, its agents and employe�s, to enter into and upon the Leased Premises during reasonable business hours or, in the event of an emergency, at any time for any legitimate purpose. [6] Cancellafion or Termination. T1us lease shall be subject to cancellation and temrination by LES50R at any ume during the term hereof by giving the I,ESSEE notice in wriung at ninety (90) days prior to the date when such termination shall become effective. LESSEE may ternunate the lease by giving the LESSOR fifteen (15) days written notice. This lease may be ternunated by the LESSOR without notice for the foliowing reasons: (A} maintenance of a nuisance or use of the premises for illegal purposes. (B} material breach of the rental agreement. (C) the failure to pay rent or costs listed in Paragraph [4]. [7] Notice. AIl notices herein provided to be given, or that may be given by either party to the other, shall be deemed to have been fully given when served personally on LESSOR or LES3EE, or when made in writing and deposited in the United 5tates Mail, certified and postage prepaid, and addressed to the LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division,140 City Hall, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed may be changed by written notice given by either party to the other. Nothing herein shall preclude the giving � of such address change notice by personal service. [8] AssiQnment and Subletting. LESSEE sha11 not assign or sublet this Lease without the written consent of the LESSOR, which consent must be obtained prior to the execution of any agreement to sublease the Izased Premises. [9] Maintenance and Repairs. LESSEE agrees to keep the premises continuaily in a neat, clean and orderly condition and to keep sidewalks cleaz of ice and snow. (10] Surrender of Premises. The LESSEE, at the ternunation of this lease, sha11 quit peacefully and surrender possession of said property, its appurtenances and a11 keys to the property to LESSOR in as good order and condition as the property was delivered to the LESSEE. [llj Indemnitv. The LES5EE agrees to indemnify, defend, save and hold harmiess the Ciry of Saint Paul and any agents, officers and employees thereof from all claims, demands, actions or causes of acuon of whatsoever nature or chazacter, azising out of or by reason of the Lease of the herein described Leased Premises by the LESSOR to the LESSEE, or the use ar condition of the Leased Premises or as a result of the operations or business activities taking place on the L,eased Premises. It is fully understood and agreed that LESSEE is awaze of the conditions of the L.eased Premises and leases the same "as is." , 2 �7oo��t3 � [12] Pollufion and Contaminants. LESSEE agrees to comply with a11 ordinances, laws, rules and regulations enacted by any governmental body or agency relating to the controi, abatement or emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes. LESSEE shall beaz all costs and expenses arising from compliance with said ordinances, laws, rnles, or regulations and shall indemnify, defend, save and hold harmless LESSOR from ail liability, in- cluding without limitation, fines, forfeitures, and penalties arising from the failure by LESSEE to compiy with such ordinances, laws, rules or regulations. LESSOR has the right to perform cieanup and charge the LESSEE as Addiuonal Rent for such costs should the LESSEE fail to comply. (13] Destruction. In the event of damage to or destruction of the I.eased Premises or in the event the premises becomes untenantable or unfit for occupancy due to such damage during the term of this Lease: (A) LESSOR may, at its option, ternrinate the lease upon fifteen (15) days' written notice to I,ESSEE; or (B) LESSEE may, it hisli�erftheir own expense, restore the premises to tenantable condition, said expense shall not be reimbursable by the LESSOR. • [14] Compliance with Laws. The property described herein may be used far oniy the purposes stated herein. It is the sole and exclusive responsibility of the LESSEE in the use of the property to compiy with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which the property is proposed to be put. [15] Liens. The LESSEE shall not pernut mechanic's liens or other liens to be filed or established or to remain against the L.eased Premises far labor, materials or services furnished in connection with any additions, modifications, improvements, repairs, renewals or replacements made to the I,eased Premises, or for any other reason. [16] Amended. Anything herein contained to the contrary not withstanding, the provisions of this I,ease may be amended, in wriung, by mutual consent of the parties hereto. �J D�or�t3 � IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this L.ease fust above-written. L1I�.Y.Y�Js� N/A Mayor N!A City Clerk Director of Technology & Management Services Director of the Office of Financial Services � 1 �J City Attorney {Form Approval) LESSEE: Its Its Its 0 T.M.S.IREAL ESTATE DIVISI(7N untact Person a� Pho� Nmn6er:/ Peter Wtute be on Comcil Agenda by: 266-8850 SVCS. AL # OF SIGNATiJRE PAGE5 Date: 1U10/98 Green 2 EPARTMENT D "�` 1 ITY ATTORNE �,I � ..�: UDGET DIItECTOR 3 YOR (OR ASSLST (CLIP ALL LOCATIONS FOR To authorize the proper City officials to lease back properties purchased in the Hoyt Montana Flood Remediafion ProjecL Ref:1. Administrative Order for consideration; 2. Copy of Final Order CF#98-658; 3. Copy ot lease agreemeni ;RSONAL SERVICE CONTRACTS MI7ST ANSWER THE FOLLOWING: Has the persod£u�m ever worked under a contract For this deparhuent? YES NO PLANNA`G COMhp5510N A 5]AFF Has this person/firm ever been a City employee? CI�'D. $ERVICE COMMLSSION CI& COMM11'1'EE WHICfI COUNCIL OBJECTIVE? COUNCIL WARD(S) YES NO Does this persodYrm possess a skill not normally possessed by any YES NO current City employee? Explain aIl PES a¢swers on a separate sheet and attaCh.,_, , � �. -. T ,�. ' � (� DISTRICTPLANNINGCOUNCIi�f�� `7� 9pA� aa NG PROBLEM, ISSUE, OPPORI'UNITY (Who, Wha4 �en, W6ere, WLy?): �-.r �;; ' �a^t �-�< �a ���a ��� ,,� �. Properties along Hoyt and Montana Avenues between Kennard and Flandrau Streets ar �ec to periodic flooding. NOV 1 6 1998 AGESIFAPPROVED: Properiy owners wi11 have suf�cient time to �nd new housing. IFAPPROVED: �\�a Number: rrr cocMCn, CS.ERK MAYOR'S OFFICE -, - ::�:��._. Yv ,.��L �S;AT: DP�i51�., �NTAGES IF NOT APPROVED: Property owners may be unable to sell properties because suitable new housing may not be immediately availabie. 'OTAL AMOUNT OF 1'RANSACTION: �O � ONDIIVG SOURCE: �ANCIAL IIVFORMATiON: (EXPLAIN) � A(,'TIVITY NUMBER: (CIRCLE ONE) YES NO A nominal rent of $1.00 will be charged each property owner to validate the lease contract.