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206497ORIGINAL TO CITY CLERK - 2 :0644 CITY OF SLcil Elle No. 206497 —By Milton ENCIL NOS OFFICE OF THE t`ereas, The City of Saint Paul COUNCIL RESOLUTION' t9 0 upon rtain real estate own d rr ,he' City of Saint' Paul and no PRESENTED BY +1 needed by said City in the on of the City's business; and COMMISSIONE . I�., : ne successful bidder un,_ WHEREAS, the City of Saint Paul solicited bids by means,of Formal Bid 7900 upon certain real estate owned by the City of Saint Paul and no longer needed by said City in the operation of the City's business; and WHEREAS, the successful bidder upon Block 1, Battle Creek Heights Plat Number One, was H. & Val J. Rothschild, Inc., which successful bidder subsequently commenced action against the City of Saint Paul seeking recision and other relief as against the City of Saint Paul; and WHEREAS, it is the desire of H. & Val J. Rothschild, Inc. and the City of Saint Paul to amicably resolve, compromise and settle the differences and disputes existing between them and relating to the above mentioned bid and premises and, further, it is in the interest of the citizens of the City of Saint Paul that such amicable disposition and compromise be made and that the action begun be concluded and that H. & Val J. Rothschild, Inc. commence development of the aforementioned lands; now, therefore, be it RESOLVED, That the attached Stipulation agreed to by H. & Val J. Rothschild, Inc., acting through their attorneys, and recommended for approval by the office of the Corporation Counsel, be and the same,is hereby ratified and approved; and be it FURTHER RESOLVED, That said Stipulation, hereto attached, be made a part of this resolution and kept in the permanent files of the Council of the City of Saint Paul,, and the City Clerk of the City of Saint Paul is,hereby directed to send a certified copy of this resolution to H. & Val J. Rothschild, Inc, in.care of their attorneys, Vogel, Kinkead, Lemmons & Lenzmeier, Degree of Honor Building, Saint Paul, Minnesota. COUNCILMEN Yeas Nays DeCourey , Rolland { Loss - Mortinson n Favor Peterson Rosen T gainst Mr. President, Vavoulis 6M 6-61 Adopted by the Co .,MAR 2 3 1962 19— MAR 2 3 1962 proved 19— 1 1 Mayor I l EUBLISHE — a` L ' 20649`7 r`yP41GATE TO PRINTER • CITY OF ST. PAUL COUNCIL NO. _ OFFICE OF THE CITY CLERK COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER DATE WHEREAS, the City of Saint Paul solicited bids by means of Formal Bid 7900 upon certain real estate owned by the City of Saint Paul and no longer needed by said City in the operation of the City's business; and WHEREAS, the successful bidder upon Block 1, Battle Creek Heights Plat Number One, was H. & Val J. Rothschild, Inc., which successful bidder subsequently commenced action against the City of Saint Paul seeking recision and other relief as against the City of Saint Paul; and WHEREAS, it is the desire of H. & Val J. Rothschild, Inc. and the City of Saint Paul to amicably resolve, compromise and settle the differences and disputes existing between them and relating to the above mentioned bid and premises and, further, it is in the interest of the citizens of the City of Saint Paul that such amicable disposition and compromise be made and that the action begun be concluded and that H. & Val J. Rothschild, Inc. commence development of the aforementioned lands; now, therefore, be it RESOLVED, That the attached Stipulation agreed to by H. & Val J. Rothschild, Inc., acting through their attorneys, and recommended for approval by the office of the Corporation Counsel, be and the same is hereby ratified and approved; and be it FURTHER RESOLVED, That said Stipulation, hereto attached, be made a part of this resolution and kept in the permanent files of the Council of the City of Saint Paul,' and the City Clerk of the City of Saint Paul is hereby directed to send a certified copy of this resolution to H. & Val J. Rothschild, Inc. in care of their attorneys, Vogel, Kinkead, Lemmons & Lenzmeier, Degree of Honor Building, Saint Paul, Minnesota. COUNCILMEN Yeas Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis sM E -61 I n Favor Against Adopted by the Council MAR 23 1 b 19— MAR 2 3 1962 Approved 19— Mayor STATE OF MINNESOTA COUNTY OF RAMSEY H. & Val J. Rothschild, Inc. Plaintiff, .9 Vs. i City of Saint Paul, Defendant. i DISTRICT COURT SECOND JUDICIAL DISTRICT STIPULATION 316860 IT IS HEREBY AGREED AND STIPULATED by and between the parties hereto, acting through their respective attorneys, and slbject only to the approval of the City Council of the City of Saint Paul, that the above entitled matter may be and the same is hereby fully determined, settled and compromised as to all matters at issue and as to all matters which could have been at issue ,'. The basis of said compromise settlement and disposition is as follows: 1. Plaintiff H. & Val J. Rothschild, Inc. agrees to pay as and for consideration for Block one (1), Battle Creek Heights Plat No. 1, the sum of Forty -six Thousand Three Hundred Dollars ($46,300.00), said sum being the amount ;heretofore bid by said plaintiff for said land on City i f Saint Paul Formal Bid ?900 and said sum to be payable As follows: a One -third of said sum ( ) payable on or before March 31, 1962, or upon such date as this compromise settlement and disposition is ratified by the City Council of the City of Saint Paul if such ratification occurs subsequent to March 31, 1962. "r STATE OF MINNESOTA COUNTY OF RAMSEY H. & Val J. Rothschild, Inc. Plaintiff, .9 Vs. i City of Saint Paul, Defendant. i DISTRICT COURT SECOND JUDICIAL DISTRICT STIPULATION 316860 IT IS HEREBY AGREED AND STIPULATED by and between the parties hereto, acting through their respective attorneys, and slbject only to the approval of the City Council of the City of Saint Paul, that the above entitled matter may be and the same is hereby fully determined, settled and compromised as to all matters at issue and as to all matters which could have been at issue ,'. The basis of said compromise settlement and disposition is as follows: 1. Plaintiff H. & Val J. Rothschild, Inc. agrees to pay as and for consideration for Block one (1), Battle Creek Heights Plat No. 1, the sum of Forty -six Thousand Three Hundred Dollars ($46,300.00), said sum being the amount ;heretofore bid by said plaintiff for said land on City i f Saint Paul Formal Bid ?900 and said sum to be payable As follows: a One -third of said sum ( ) payable on or before March 31, 1962, or upon such date as this compromise settlement and disposition is ratified by the City Council of the City of Saint Paul if such ratification occurs subsequent to March 31, 1962. v I (b) One -third of said sum on or before September 1, 1962,, together with all accrued interest on deferred principal as is hereinafter set forth. (d) One -third of said sum together with all unpaid Interest accrued thereon on or before the lat day of September 1963. It is agreed that all deferred amounts of principal shall bear interest at the rate of 6% per annum from and after April 1, 1962, or such subsequent date as this compromise agreement shall be ratified by the Council of the City of Saint Paul if said ratification occurs i subsequent to March 31, 1962, and further that such interest as shall be due and payable on the unpaid balance remaining from time to.time unpaid, shall be paid together with the principal amounts due and payable in accordance with the dates of payment of principal amounts hereinabove set forth. All amounts of unpaid interest are due and payable on or before September 1, 19631 it being understood, however, that H. & Val J. Rothschild, Inc. shall have the right and privilege of prepaying the entire balance at any time at their election, provided that interest to that date of payment is also paid. 24 Plaintiff H. & Val J. Rothschild agrees to accept defendant City's title to said land and to enter into a Contract for Deed in the form attached to this Stipulation and made a part hereof by reference. _ l 3. Plaintiff H. & Val J. Rothschild, Inc. agrees to accept a certified copy of a resolution of the Council of the City r of Saint Paul approving this Stipulation and agreement as evidence of the ratification of said compromise agreement on the part of the City of Saint Paul. that of t the of S its part, defendant City of Saint Paul agrees as follows: (a) Defendant City of Saint Paul agrees to waive and limit all rights or claims to interest against plaintiff H. & Val J. Rothschild arising out of the bid which is the subject of this lawsuit from the date of such bid until April 1, 1962, or the date of ratification of this compromise agreement by the Council of the City of Saint Paul if such ratification occurs subsequent to March 31, 1962. (b) Defendant City of Saint Paul agrees to extend to plaintiff H. & Val J. Rothschild, Inc. the right and election to accept any and all modifications, changes and amendments made in the certain Contract for Deed between the City of Saint Paul and J. R. Walker & Sons, Inc. or its successors in interest and involving adjacent real estate, and defendant City agrees that it will offer plaintiff H. & Val J. Rothschild, Inc. such option and election on all future modification, changes and amendments of defendant City's Contract with J. R. Walker & Sons, Inc. or its successors in interest. It is further agreed by and between the parties hero this Stipulation and agreement contains the entire understanding 3 parties hereto and that upon its execution by counsel for I sspective parties and ratification by the Council of the City Lnt Paul, it shall be the binding, full and final determination 3 i of thI rights of the parties hereto arising out of Formal Bid 7900 and the above captioned lawsuit, and it is further agreed that the above matter being so determined may be and the same is hereby dismissed with prejudice and without costs to either party! IN WITNESS WHEREOF the parties hereto have caused these resents to be executed by their respective counsel this day of , 1962. VOQEL, Degree of (Hotfor Build Saint Paul 1, Minneso eRrwo Corporat n Counsel ration Counsel ounsel Attorneys for City of Saint Paul 316 City Hall and Court House Saint Paul 2, Minnesota 91 P O R D E R IUpon reading and signing the attached Stipulation and based on all the files, records and proceedings herein, IT IS HEREBY ORDERED, adjudged and decreed that the above cation is dismissed with prejudice and without cost to either party. Dated , 1962. Judge of s r a our 'CO CT FOP,. DP ED IV T E day of His _A.GR gK NT: - �M 7 M�P'c'h •19620 by and between the City of Saint PAul-0 a count •pal corporation,, party of the first part,, and JR, Val'J, 'A Roth ohild. IncorporatOO a0innesotaccorparationg, party of the soe_ , d part; it WZTNESSMO the said party of the first part, in =91deration 4 of he covanfri pad- "reGmelats of said �p _y of the seciand part. he inafter.Wta#o4j. hfpooy to ponvey unto said party of the ,second pArt.j-,its succossopp "d-Assigns�*­,Py a q -0 w rranty deelt --Wh, g ct'. _ igh ;t�e -pa of, V� e. -sapp.nd part agr es cvl4"ctqz, good, Mmkotab ,title: -An- thp .party pf tho,first per - as of;-#*-J th- d#yv _f, Apr P pt- ani Per OSVM'C!A, .by '. ;aid -,party -of pecond- p_, a r of #4 party af-thf s ag emout-S the 'tracts of land lying and balng in the County of Massy, State-of Minn soT&O,-daho*,Ue ckykt t0- a ock,P Llbqr d '0 according to,- the of reco -plat, t�appof gn f4 .1, a _fc. Ramsey: ccupty�;. Minnesota.. - -: Tbe ogt$d part -%part %-- in ;"#id gra; i91), qr! 00 P tor_ pay: said papty_qf kthe of lee of ,tbe_-Cq_mLs9icn,9r :pf 'Uhanco- cit Y� Of int-Pa . Ul-$'.,: _ to ted in the City Hall and Court House, Saint Paul,, NLnn*aote, as an fors the- purchk►p -vri"_qf qum . of Forty-'six Th usand.-J-hr'ea Huqdrod",',PoUero,-($46i300,,Oq),- ,in 'ttio r gmiaer and at th, times tAlloyin toMYitl en-11- ft*-third_ ;qf the purchase prico',a - ot ated * t -,- : _-- , Pgv!w - pr �_�o . I ; sun .4if , Fiftoon,Thou3amd.,, Four _Nun4rO_ Tkirty-threqv_ SPA, up—On'-Axotit0op•of this 44 !:Wp- oqu4x� Installrents with' alx per,,_cent Inter- ast -pop -7annW- ow- deferred In-.W stallmobta 06 first` suiplk 4a0xT4d- 4p*t4XIMqav tip all :. T" *s' arty' of the second pairt agreos trait boolivard tries` Oell - Abe plainted. (m inetallsd' �/ #,t„' at ttar sole a�cp$iaseR R On 'too, atree�t - or 'strotts abuttioa. property iu said Block one f 13, not later than r one• year .i it the ,final psymok date provided for by this contract `Y or not later than thri6 .years eftmi the traporor fmm the piirty of.', r.. - - tha' ;fir* V: vit to-the. party Of the aeiaond part of sissd Dlook one ' ' (i) -or APP lot. or lots tbsrein Whichsvo -' occurs t rsi. 'the kind or trues and the lodatA94 then oof shall be sub jict . to the approval • -of the City i"or sot Or. . ie tUrther :a read `b ti 4aad batwoon,.th* artier bar , �' P ttaat all ptxoets,t-80,wors i vs.' or �ia,ine sidowalks • and curbing as dsesaed r( •"c*ssary by,, the City 'bill be built ty- .Order+ of thet CWOcil of the • _-City or Saint NMI and t1�s �ttast o�''tudlt lapro,reraents sk�aJl..be • . :aa► a # Ossinst o1vul ng' par+vperty - It accordanei. with the ptOO*du!,, e$1., r a ut�oriated by, the Ch&rteiv ••caf •the £lty of Waif rit Paull. hoe+ :ver, shav1d, thin Counci l of the 'City, ofr'Sa3xat Pa�u� yT lir - "i't t the "Party - af :he aseci I art`. pnrsnsnt to the 4` cogditlono` andr Xoqu romet�ta r Of such ordiriancoil at rsq-expense tea?. the Citye to bn31d and o+ struct cettain..publle i $prove�ar+ts, irf�to sucb^l>Rprowe>neeats built xnd stiucted Eby • tbee panty of the _ aec0ri der . such ordtionce or ; .y -. a. Oardil'lait�'i1�� there *ill, bee 4o as00fto ►ts by the - C9.ty. - - - - . Thee- party of the ieaorid. paid .furthek covenanter sad. agrees that p' for • to. the sales and/or- tra�nater of aany loc, -or •title to eta lot in said blo, ak ovie (i',) the ,party o they s and pai>ct a�hall t A) Ata lo- t #tie tip said lot or lots by • paying, to tbi party of the first part ao iaewuot of "neiy - towards the deferred � 2a laucee of ;the purchaae-,pr#cs togetbar with, `accrued IntatAst can suet► baiofte said aneount + 1>e .date tied by Larking tbo , _• original purchase price. W maid block - •di>atinisheid by' the I ere�ouagt Of tbs' first vae -third (1/5) payMent if transfer df ' t3tis''#,s .sought after ipril I, 9.4 'hut - raforo September I' 1962$ and ditatntah+ed by an additional on+e *third 11/3) of tba ar3ginai,l :parchoso pricer if t"nsfor of title -to sought' ;. aft*r payment of the ones -third payment 4go., . September 1, 196 . ind -of ter September 1j, 1962, and 4104ing the amount ago - diminisbed by A number equal: to one -half (11�) he a#uwbet! or -lots tin said block, 'a31• ;udli payments, tow*W the deferred r bailango of then purc. so price to b+i ceanr#d'eac�+ed •ia�iart3al pay►- _ Monts paid In advanos toward the 'paymonts'filling Awe on the '+stow #+at forth ' +above Aso . B? submit to the party oflhe first Pont a Ourety bond in. . :the mount of Fives 9'houactnd Dollars (5,@Q0.00): in a • 1 ' form and with s�rtretiee acceegtableR to tbo party' of the ' first part and conditioned -upon; and guaranteeeaing, vita t he .iirty of tha $3reit part lull and prompt, payment by , i or ,On. .behalf 0 tht .party of . the beeaond part of all conk a . of t�blfea_ - �i*roveetonts essesied or to be ssaessed againot ' the lots In ,staid Block on* ( l), for the gubild Improvonents st ti forth in the Para grap4, -peso above _ r The sasid party of the se'ond part further gove3d*gts 'acid agrees " as :tollowal to .pay before penalty attaches tbeDree'tao all taxes, due and,- paysblo after execution. of this 'aontaact, and iii Subaisquetnt ,ye arst .. - +ill, spee�,al leviid; aassess ©nta beemt .fars or harlafter xo,, that ashy - buildivis' ate- hnprtpvenie o noW cart said land, or which ehall h*roaftor be 'erected j, plolce4, ter made thtroon,' shall not be "moved ther_olrowy r but shrill ba• and {ri "oin,'tkfs property of_,, the ri "t pact until' this " : • coi tz�ae t - .shall ices Fully : performn d • by the p?irt : o .thee sppond part I anti at _ its own exp+eniss ttf kes4p� the buildSA�;s �,M said promise :s, at al? t1knea insurod. In sc d `reilable inis�ranoe 'e mptany or` Co to be apps -Cme 3 by tho Pajz ty 'o! the first- Part,' iagai�nst loss by firer for of 'S ias* the' ra. I itisursbla 'v4lue- the�reiat'# �xpd agasinat •less by ' - wivdstorm for at least _thie f011 iAsurablc vaal.uit thor adf , payable to _. araad party of thee, first-0 ost, its suceesadra or assigns* arid, it case? of- loss, a'hpuld t1i, rt by say sti�rglus: tp�retr and s btive ti►a amouiat' then .cjkE a =said party of they- first part, . it$ succeessorb, - or 48219ns 6 tha Dalazas2+a shish ba, paid ovcr to The said party of ttso second 'part 1 , ap, its interest 0411. appears atsad to d�tposit, with the party . of the brat 'part policies of • Wd insurands. But shoulA 'the ae:cotd. Party fail 'to pay any' itep 't6 be paid by said.. }party uhdor th4 tirma'_Iieriof oame-%ay be pali4 by first party and sball } s forthwitb •patyabla, with intore3sst .--thereon., as - -aark addit,ionai. 'mount due first party under this Contract. sut should deefjult be mucio, Lit the payment= Of 'principall `pr, 4' , interest Aus, heraundor, or any pant . thoreof,, t,4 .bt by see and party • ' `laid, or should it fall to pay this taxes or lisesaesssssuentac upoA said . -4"" a q ^' - ':• � .. Toy 4• .�" rpm - 1 - _ - land, px►eaaium a T -upon. 044 P►aurauaa,. or. to- petforiq Oy 'or either, of, - ' the . � Ovonants, Agreements *• ,,tor - dr conditions hereita conta inetd f to- 'be- by 'said second pa"y, kept oi, portoft 4 the said ply of the ; .• flks part . *eye, at' it* option, by s+ritten, ootAoo declare Oleo contract Cancelled, and t6rwiIn' 4tg4 -and all rights, titIw and lnta rest as n$x6sd ' :thereunder by said - second party shall thereupon ceiast Od .torminatteae • 'and ;all, iap=* vemeej4s �•mado upon the preoisos t- and alb paymeats wade , _I - 'party, -, her6under sh411 b_i along' to sai, of tbe' first part as liqutdated _ • damages roi braac?i 'of tlAa contrs t by said second party, said anoti,ce t ' to be iri acaordano e with they tat ut _ in sash base wadi pc -�rovtdod . - • f Neither then :eatiensloci of tise .of payment. of any sm or sums of money to be Pad hoioundoi soir any 4aK ,V*r by the party of •the first part of lts rl► bts to deitlars- thie contr &at forleite@ by x*ason of • any i breach thereof *" phall In- any manber of feat the right • "of said party to cancel 016 contratat , because Of defaults subsequently "turin&,R and no extension of :tiaaae joball be valid •unItso evidenced by duly ` _ signed instrup*nt. Further, after a.orwice 'of notice and failure, to. .` .. rw6dV ,,- within ,t ae period, illowed by law' the default "thoroiu specified'; said 'pa ty -of the; second pait `'hereby spec' Meal,q a�re�es; .uppn de *emd<of said partly ¢f tha, .first part, quiftly and peat' ably z _ '. • 'to surrender to it possassion of said presises�, and eeer¢ry paw = i- ,y thireof{ it beings underietood that Until such default, said party►..of•. - Y t h e se=d pArrt to have p lion_ of .sold preMises. _ - F The party of -the second.part further govonants and agrees ; that Ito ,aasignae"t oaf Chia -a#"emept $hall-be U44e 6r peraitted unlesw conaen'ted to by the eoundil of-thM City of Saint prtul 'by re solution of *AiA iatady duly adopted. `. IT is NOTUA16LY AGREED By and between the. ptmtivla horel0 that t�a tllbo: tad- payment sbail be'• an `essiential part' or this eoctraaeti' and ' that *I-1 . tbo :covenants amd agreeaaente herein c0ht4atn*d 'shoal iron itb the .land acid bind _t-14 Suca"w�s and ayisigna of the respeative parties hei oto. - •`-^ - •.. .. .' ±• - '- _ - _ 7i�4', ; r�� ,,. �4•t} �, 4. `T { dap rr • - r i-_ . , l.. TX TE TV1011Y WH Ed�j 'Thie 8e�id arty. Of -the ' = Sant .has cisuied'thass"Prosents to be aexae utad by Its proper 'City officers and the , sesl - df 6aid City .to bi rhRx to �tf,!'ix�id„ anti; said party Of the . isd t `k a ' c #uaa'd 0168+1 pr+xenti to be 'executed in its corporate name► "'by tai President yand its and . its corporate', seal 'to be herauuto affixed th• day and year .first = above written. ; 1n" E!resetce of-, CSty of Saint "Paul ! � _ _ ..I.i Ml.rl rlll l.. �irl�liirit ..Wl.Y.ii��rr11.Wr�1 BY _ o •• r,• _ ` r.. -• , - ^,- ._' - ' - �' • - _ si or��rr. t% _ ci ,ors _ r' - . • t _ y M7 FO er In Prounce of H. S VAL J: ROTHSCHILD' INCOP'4RATEp y .. - s •s en SO MINNESOTA' )Y as r '• On this.. ; . -. daty, of March, 1582, before as a notary public'; Kltt��r� a f A •,: `: • g tblie wlthl and for �r� r `County, per.3on ly agy�aated Gsorgo 4., UvoUlis,, 'M3lton "Rosen;' Ames H. W'Connell and Joseph 4* t43tcttell', to lake i4rapinally- known, -+rho* being. each. by me duly, ovorn, did -sdy that • they nrq respectively .the Msyor, Commissioner of Public Vorks, the ; s• City Cl�rl , atnd, the City Comptroller Qf ,the City_ of Saint 'Paul, + Hitaesote, awD9¢ in tho, ,foreg©Inq ,inatrumebt o and that the seal affixed ' to; saLd• 1-hatrLiment is" tire. seal of the Cify'of. Saint Paul*- and thot said . . instrona tt was, signed and aaaled in behalf of said iCitq of Saint vatul ''.dry autt ority utanted pursuant to, formal .resoXutibb- o_ f the Council of . R the • City of Sal z.. Courraf:1 PyleIo. 0. gasa+ed "and ' approved cd the -day of .''`.`.." ;`1` , and tho said t y 'r, '+COtMUS140` 'i�blie.: or s, y sr , A iy C4sptr6l1or" , . , ' - •_> , .c -. 1 - .. • r• .. -� - ^C -fig - .. .. • , .r: V 40nowledged � soid ixlstrivaent t© be the: act and date& of said City oP, . Saint Paul,, ,pursuant. to said resolution. i Rotary Public, Ramsey Ccranty,• Ideas• STATE J OF MINNESOTA.', „ t, , • " On _'Ols day of, t mh*' '1982, b fore me *'• aotipry ` pubxia within and for saMMunty..personally appeared and ` o M* personas 17 own, who, v tac ire U y ;;M say they are respectively tho Pres oS ident -and the or "the aopparati.oa named In tho.- .I'oratsoing instraaen an VM theleal - sf�ixod`%6 said instftsent in the ccrovite seal of said dorporation and that, aai:d f#istrumont _ ."& signed and sealed in behalf of sold cco*pgration by • awottiority ,•of its Boar4 of Directors and laid and - - . _ . .— .- --.... .. t - -ow • ge - saw n tp .be • e M;._aelt an d,40 Corte _ Matary Public, Ramsey County* .Minn. ,. NY commission •x pir"