09-1271Council File # 09-1271
Green Sheet # �j0 `T Sf � (p
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WHEREAS,�fI"F'edro, Jr. , Josephine Pedro, Eugene Pedro and Marilyn Pitera are the on�ners of
property at 104, 114 and 124 E. Tenth Street, which is the site of a family business known as Pedro's
Luggage; and
WHEREAS, the Pedro family opened their business in 1914 following Carl Pedro, Sr's. arrival
from Italy in 1907, and moved to business to its current location in the 1960's; and
WHEREAS, a fixture park in the northem area of downtown is contemplated within the City of
Saint Paul's Comprehensive Plan, and
WHEREAS, the business has now closed, and the Pedro family wishes to donate the land and
building to the City of Saint Paul for use as a future park; and
WHEREAS, the attached Donation agreement sets forth the understanding with respect to the
donation, including the understanding that the land will be used for park purposes, and that the Pedro
family name will be included in the name of the park which results from this donation, to honar their long
tradition of doing business in Saint Paul; and
WHEREAS, the expenditure of public funds, which includes the promise of indemnification and
defense of the donors, will facilitate and enable the donation to take place for the public purpose of
creating a park; now, therefore, be it
RESOLVED, that the appropriate city employees are authorized to enter into the attached
Donation Agreement, which includes an indemnification provision, and to take such actions as are
necessary to execute the terms therein; and be it
FURTHER RESOLVED, that the Saint Paul City Council hereby thanks Carl Pedro, Jr.,
Josephine Pedro, Eugene Pedro and Mazilyn Pitera for their generosity in making this donation.
Yeas Nays Absent
Bostrom
Carter
Harris
Helgen
Lantry
Stark
Thune �
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Requested by Department oE
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By:
Approv t e ice i
By:
Approved by Cify omey
BY %/r/tL�iwG��
Adopted by Council: Date ���j,$��i1C/ Approved by y f�$ bmis ' n t Coun '1
Adoption Certified by Cou il Secretary B Y
By: �
Approve Ma o Date �✓
By:
� Green Sheet Green Sheet
09-1271
Green Sheet Green Sheet Green Sheet Green Sheet
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Contact Person & Phone:
Mike Hahm
ss�2sssaos
Must Be on Council /�qenda by (Date):
18-NOV-09
Doc. Type: RESOLUTION
E-Document Required: Y
Document CoMact:
Contad Phone:
y
ass�yo
Number
For
Routing
Order
Total # of Signature Pages ` (Clip All Locations for Signature)
0 azks aud Recreation I I
I azks and Recreation DeparRnent DireMOx �� ���
2 ' Attorne C5 Attorne
3 arorB Office I Maror/Assistant I
4 ounc� 0
5 City Clerk Ciri Clerk
Action Requested: ,
Authorizing of attached resolution authorizing proper city officials to enter into a donarion ageement with the Pedro family for land
that would be used for a future pazk.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Mswer the Following Questions:
t. Has this personlfirtn everworked under a contract for this department?
Yes No
2. Has this person/firtn ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Pedro family wishes to donate the former Pedro's Luggage properiy to the City of Saint Paul. The Pazks and Recreation
Department would accept the land as a donation and as part of a donation agreement with the Pedro family would convert the proper[y
into a future pazk.
Advantages If Approvetl:
Pazks and Recreation can enter into the donafion agreement thereby allowing the City to convert the Pedro property into a downtown
pazk.
Disadvantages If Approved:
Disadvantages If Not Approved:
The Parks and Recreation Department will not be able to enter into the donarion agreement, thereby not being able to convert the
Pedro properiy into a future park.
Total Amount of
Transadion:
Funding Source:
Financial Information:
(Expiain)
November 10, 2009 9:11 AM
CosURevenue Budgeted:
Activity Number:
Page 1
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DONATION AGREEMENT
THIS DONATION AGREEMENT ("AgreemenY') is made as of October � 2009, by
and between the City of Saint Paul, a home rule charter city ("Donee"), and Greenbrier Woods,
Cazl Pedro Jr Trustees, Eugene Pedro, a single person, Marilyn Pitera a single person, and Carl
Pedro Jr. and his spouse Josephine L. Pedro (collectively the "Donor").
WHEREAS, Donor owns properiy which is located in an azea where the City desires to
develop a park in the future; and
WHEREAS, Donor has generously agreed to donate a portion of that properry to the City
for use as a pazk;
Now, therefore, parties hereby agree as follows:
1. Donation of Propertv. Donor agrees to donate, give, transfer and convey to Donee, and
Donee agrees to accept from Donor, the real property located at 124 lO St. E, 114 10�' St. E,
and 104 10�' St. E, St. Paul, in Ramsey County, Minnesota, legally described on the attached
E�ibit A(the "Land"), together with all easements and rights related to the Land and all
improvements, if any, on the Land (collectively, the "Property").
2. Purchase Price; Costs.
21 The total purchase price (the "Purchase Price") to be paid by Donee to Donor for
the Property shall be zero dollars ($0.00). In return for the donarion of the
Property the Donee has agreed to name the resulting pazk in honor of the Pedro
family, listed above (collectively "Donor") by inclusion of the name "Pedro".
Possible names would include "Pedro Pazk", "Pedro Plaza" or "Pedro Square".
2.2 Donee will pay the cost of recording all documents necessary to place record title
in the naxne of the Donor. Donor sha11 pay all state deed tas regarding the
Warranty Deed to be delivered by Donor under this Agreement. General real
estate taYes payable in all years prior to 2009 will be paid by Donor. Donee will
pay all general real estate tases payable in all subsequent yeazs. All special
assessments levied, pending or assessed against the Property as of the Closing
Date will be assumed by Donee.
23.1 For tases payable in 2009, Donee will reimburse Donor far t�es paid to
date upon the execurion of this agreement. Donee will assume
responsibility for facilitating direct payment of taxes due following the
execution of the agreement,
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23 All other operating costs of the Property, if any, will be allocated between Donor
and Donee as of the Closing Date, so that Donor pays that part of such other
operating costs incurred before or payable with respect to the period prior to the
Closing Date, and Donee pays that part of such operating costs incurred or
payable with respect to the period from and after the Closing Date.
3. Use of Proroerlv. The Properiy is improved with an unoccupied building. The Donor is
conveying the Property to the Donee for the sole use as a park. The Donor acknowledges that the
Donee has no present budget to convert the Property into a pazk in the foreseeable future and that
the Property may remain in its current condition for an indefinite period of time, and Donee is
permitted to do so unril such time as the Donee makes specific plans for a pazk and obtains the
necessary financing for the pazk improvements. If Donee has not obtained the financing within a
period of five years for the entire Park plan, it will convert the donated pazcel to parkland
consistent with this Agreement.
4. Environxnental Studv.
4.1 Donor sha11 allow Donee, and Donee's employees, agents and contractors, access
to the Properry without charge and at all reasonable times prior to the Closing
Date for the purpose of investigation and testing, which shall include, but not be
limited to, surveys, soil borings, and environmental investigation and testing.
Donee shall pay all costs and expenses of such investigation and testing, and shall
advise Donor of the results of the testing. Donor sha11 provide Donee access to
any environmental studies and reports, soils and geotechnical studies or reports,
and other documents in its possession relating to the Property.
4.2 Donee may tenninate this Agreement prior to Closing if the results of the studies
so warrant. Upon termination, neither party shall have any filrther rights or
obligations under this Agreement.
4.3 Donee agrees that the property is being donated in as-is condition and that
subseqent to the closing that it will make no claim for damages, clean-up costs or
other expenses related to any required clean-up of the property required due to the
environmental testing, and will defend, indemnify and hold hannless the Donor
from any claims of third parties resulting from environmental issues related to the
soil and subsoil. Donee will additionally indemnify and hold hannless the Donor
from any claims of third parties resulting from circumstances which transpire on
dates subsequent to the closing of the real estate transition.
5. Closine. The closing of the donation contemplated by this Agreement (the
"Closing") shall occur on or before November 30, 2009 (the "Closing Date"). The Closing shall
take place at the offices of the City Attorney, 400 City Hall, St Paul, Mn 55102, ar at such other
place as Donar and Donee may agree. A Warranty Deed conveying the Property to Donee, free
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and cleaz of all liens and encumbrances, sha11 be delivered to Donee by Donor on the Closing
Date. The Closmg may be the subject of a sepazate agreement between the parties.
6. Binding Effect. Tius Agreement sha11 be binding upon and inure to the benefit of the
patties hereto and their respective heirs, legal representarives, successors and permitted assigns.
7. Nofices. Any notice required or permitted hereunder shall be given by either (i) personal
delivery upon an authorized representative of a pariy hereto, or (ii) Unifed States registered or
certified mail, return receipt requested, postage prepaid, or (iii) facsimile copy followed by
mailed notice, or (iv) a nationally recognized, reputable overnight courier, in each case properly
addressed as follows:
If to Donee: City of Saint Paul, Minnesota
Attn: Mike Hahm, Director of Pazks and Recreation
400 City Ha11 Annex
25 West 4�` Street
St.Paul, Minnesota 55102
Fax #: 651- 266-8709
If to Donor: Cazl S. Pedro
Faai #: 651-653-8266
Notices shall be deemed effective on the earlier of the date of receipt or the date of
deposit, as afaresaid; provided, however, that if notice is given by deposit, the time for response
to any notice by the other party sha11 commence to run one business day after any such deposit.
Any party may change his ox its address fox the service of notice by giving notice of such change
ten (10) days prior to the effective date of such change.
8. Governine Law. This Agreement is to be construed and enforced according to and
governed by the laws of the State of Minnesota.
9. Countemarts. This Agreement may be executed in any number of counterparts, which
counterparts when considered together shall constitute one and the same agreement.
CITY OF SAINT PAUL
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Mayor of Saint Paul
By:
Finauce Director
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Greenb 'er Woods
By:� ��'I� �
Eugene edro
09-1271
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BY� By: (`j.`,
Director of Parks and Recreation M"lyn Piter
By:
City Clerk
B
Assistant City Attorney
BY. ��-,'.-e-� � r
Carl Pedro, Jr.
By: ��r is.� � c-.
Josephine L.Pedro
09-1271
EXHIBIT A
Leeal Description of Propertv
Lot 1,
Lot 2,
Lot 3,
All located in Lamprey's Subdivision of Part
of Block 11, Robert and Randall's Addition
to St. Paul, Ramsey County, �finnesota