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95-841 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ��n�� v�rs�o� - Presented By Referred To �� Council File # ` � — v I Green Sheet � RESOLiJ'I'ION �IIV'P PAUL, NIINNESOTA RESOLUTION NO. 1 WHEREAS, the Ciry of Saint Paul has previously entered into an agreement dated January 8, 1980, filed in the Office of the Ramsey County Recorder on 7une 30, 1981, as Document No. 219470 (the "1980 Agreement") with the St. Paul Athletic Club, a Mimiesota nonprofit corporation, the then- owner of properry commonly lrnown as the St. Paul Athletic Club (the "Property"), the Housing and Redevelopment Authoriry of the City of St. Paul ("HI2A"), and Minnesota Mutual Life Insurance Company, a Minnesota insurance company, the then-owner of the Properry situated across Cedar Street from the Property, providing for the obligations and undertalangs of the owner of the Property with respect to the construction, maintenance and operation of the skyway within, adjacent to and serving the Property; and WHEREAS, Capital City Ventures, LLC, a Minnesota limited liability company ("Capital City Ventures"), has entered into an agreement for the purchase of the Property to be financed through the ARA; and the HRA and Capital City Ventures have agreed that the obligations of the owner of the Property to the HRA and the City under the 1980 Agreement be modified and restated; NOW, TAERF,FORE, BE IT RFSOLVED by the City Council of the City of Saint Paul that the 1980 Agreement and the grant of easement in connection therewith providing for the construction, maintenance, use, relocation and suspension of the skyway in, adjacent to and serving the Property is hereby approved in the form consented and agreed to by Capitat City Ventares and the HRA and said Agreement may be executed on behalf of the City of Saint Paul to evidence its consent and agreement. RESOLUTION NO. 2 WHEREAS, Capital City Ventures has proposed the development of an outdoor dining facility on the street level of a portion of the Property which development Capital City Ventures believes cannot be successfully accomplished without a suspension of the right of the public to have access to and from the City of Saint Paul skyway system from and to the street level of the Property; and WHEREAS, the City of Saint Paul is willing to suspend such right of the public for as long as an outdoor dining facility is being maintained, in season, on a portion of the Property; NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of Saint Paul that the Access Suspension Agreement providing for temporary suspension of the right of the pubiic to have access to and from the City of Saint Paul skyway system from and to the street level of the Property is hereby approved in the form consented and agreed to by Capital City Ventures and the HRA and said Agreement may be executed on behalf of the City of Saint Paui to evidence its consent and agreement. 43 q 5 -gy 44 RESOLUTION NO. 3 45 46 Wf�REAS, the above two Resolufions were passed by the City Council of the City of Saint Paul 47 in anticipation of the successful closing by Capital City Ventures of its purchase of the Property; and 48 49 WHEREAS, it is the intention of the City Council that such Resolufions are only effective in 50 connection with a purchase of the property by Capital City Ventures; 51 52 NOW, 'THEREFORE, BE TT RESOLVED by the City Council of the City of Saint Paul that 53 Resolutions No. 1 and 2 set forth hereinabove shall be effective only in the event that Capital City 54 Ventures successfully closes on its purchase of the Property, and in the event that Capital City Ventures 55 does not close on such purchase, then the above-described Resolutions shall be null and void and of no 56 further force or effect. 57 58 RESOLVED, FURTHER, by the City Council of the City of Saint Paul that any instruments, 59 documents or agreements necessary to accomplish the intent and purpose by Resoludons No. 1 and 2 60 hereinabove, in addition to those specifically described hereinabove, aze hereby approved in the form 61 consented and agreed to by the HRA and any such instruments, documents or agreements may be 62 executed on behalf of the City of Saint Paul to evidence its consent and agreement thereto. Requested by Department of: Adopted by Council: Date Adoption Certi£ied by Council Secretary B a . � � approve y Mayor: Date By: � • �-.. � - - . . • -e� - .�L. �� • . �`�� / r� � '� � �;i - � /, � �� Approved by Mayor for Submission to Council By: Qh -Q� OEPAflTMENTlOFFICEJCO�NCA� DATEINiT1ATED GREEN SHEET N° v 3U�09 /` NRIAUDATE IITIAVDATE CONTACT PEBSON & LPH�ONE� �/�/ � � CrtV CAUNCIL �� " — ' �" � N Y ��A��NEY C�TYCLERK MUST BE ON COUNCIL AGENDA BV (DATE) pOU71NG O BUOGET DIfiECTOR � FIN. & MGT. SERVICES DIR. a/ A ORDER � MqyOR (OR ASSISTAMn � �� /7 TOTAL # OP SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� ACTON REOUESfED: ' �� / � �� ,/ � r� ` - rc%�w�F7 n.� 5 � PiZ� y1 � �� CPu.� � � A-h'-�i/ �a y .�.�4l.' �i.�., �eo - a� /f RECOMMENDAT70NS: Approvm (A) or Reject (Fi) PERSONAL SERVICE CANTRACTS UST ANSWE THE FOLLOWING �UESTIONS: _ PLANNING CAMMISSION _ CIVIL SERVICE COMMISSION 1. Hes this pe�soMfirm ever worked under a coMract for this departmeM? � _ C�B CbMMri7Ee _ VES NO _ SiAFF 2. Has this personfirm ever been a ciry employee? — YES NO _ DISTRIC7 CpUFi _ 3. Does this person/firm possess a skill not normally possessetl by any curtent ciry employee? SUPPORTS WHICH COUNCIL OBJECfIVE? YES NO � � C `,/ Enplain all yes answers on seperate sheet antl attaeh to green sheet �V INRIATING PROBLEM, ISSUE, OPPQfiTUNITY (NTO, WhflL W�en, Where, Why): �rva„� C,�,� a�. .er� �, �� 1�� ^,�e - �`�.G � SP�G �.�,�.ed � , a,�' s ��`.`�,� - . e�+.a� y �° _ f� ,�� ..-� �/� �`�`�`9 �� c� ��'` � ��:�L� . ADVANTAGES IFAPPROVED: / 1/`^°�r`��i/�'1 ` �•�f - �({ , ' � bI � � �� ss � ri a DISADVANTAGES IFAPPROVED: �� DISADVANTA6ES IF NOT APPROVED� � �� l' , " ^- �/�... �V� �.°r'�°! F �N r.wia.v � '^ "" �� . �-�,�.� �� . �� `� ��x�� ,,�,��,�. �� - TOTAL AMOUNT OF THANSACTION $ �" _ COSTfHEVENUE B17DGETED (CfRCLE OtiE) YES NO FUNDIHG SOURCE ACTIVITV NUMBER FINANCIAL INFOfiMATION: (EXPLAIN) `�S-$y �•- � .� A, Terms of HRA Loan for acquisition of the Saint Paul Athletic Club: Loan amount: Term: Interest Rate: Monthly interest (to accrue}: Due at Term: HRA EXTENDED LOAN: $600,000 30 months 5% $2,500/month $678,000 (based closing} on full disbursement at B. Loan extension terms (if conditions met, including reopening of Saint Paul Athletic Club): I.oan amount: Term: Interest Rate: Amortizaxion schedule: Monthly Payment (P & I): Balloon Payment (end of year 10): $678,000 10 years 5% 30 years $3,640/month $551,500 SAMPLE CTTY "LOAN": C. Assume financing of levied and pending assessments under terms as above: Financed amount: $83,483 Levied assessments $14,669 Pending assessments 68 814 TOTAL 83,483 Term: Interest Rate: Amortization schedule: Monthly Payment (P & I): Balloon Payment (end of year 10): 10 yeazs 5% 30 years $448/month $67,900 ��'''` .�'Z�� s��, 4s-t�l DEPARTMEPNEuGFICE/COUNqL oA l/18/95 GREEN SHEE N_ '3 0 36 5'� wrtw� n wmnwnre CONTAGT PEASON d PHONE � m CITY CAUNdL Steve Thompson 66641 �N �CIiVAT(OFiNE / �CiT'CLERK MUST BE ON COUNC�L AGENOA BY (OA7E) R�� BUDGET DIRECfO � FIN. 8 MGT. SFAVICES DiR. 1/25/95 OROER aMqyOR(OflAS$ISTANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� ACTiON qEQUESTEp: Adoption of attached City Council Resolution_approving modificatians to the skyway agreement and related easements affecting the Saint Paul Athletic C1ub, and extinguishing levied and pending easements for skyway maintenance. RECOMMENDA7IONS: Approve (A) or pejed (q) pEflSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTONS: _ PLANNING CAMMISSION __ CNIL SERVICE COMMISSION i. Has this person/Firm ever vrorked undBr a contract for this department? _ CIB COWMIi7EE _ YES �NO _ STAFF Z. Has this person/firm ever been a city employee? — YES NO � oISTpICT COUR7 _ 3. Does this person/firm possess a skill not normally possessed by any curreM ciry employee? SUPPORTS WMICH COUNCIL O&IEC7IVE? VES NO G! _� p£ J Explain all yes answera on separate sheet ana attach to green aheet Gw INffIATiNG PROBLEM. ISSUE. OPPORTUNITY (Who, Whet. When, Where. Why): Amendments to the SPAC Skyway Agreement will (a) entitle the City to the skyway easement in perpetu.�tgy (Res #1); and (b) allow the suspension of the existing stairway easement so long as john Rupp operates an outdoor dining area at this location (res #2). Foregiveness of levied assessments (Res #3) and pending assessments (Res #4) for previous skyway maintenance will enhance the prospects for redevelopment,of the property. All actions are conditioned on purchase of the property by John Rupp's ownership entity. ADVANTAGESIFAPPROVED: City rec2ives perpetual easement rights for SPAC skyway and redevelopment process is advanced. DISAOVANTAGES IFAPPROVED: City foregoes potential recovery of assessment levies if pro�ty sold at a later date. Nowever, potential outcome through tax forfeiture could aff ;�� ,�p�5 �otential for ultimate recovery. s�a�� DISADVANTAGES IF NOT APPROVED: HRA has approved actions contained in Resolutions #1 and #2 in connection with approval of acquisition financing in July 1994. FOregiveness of maintenance assessments was also favorable discussed by HRA Board at that time. TOTALAMOUNTOF7RANSACTION S COS7/REVENUEBUDGETED(CIRCLEONE) YES NO FUNDIlJG SOUpCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN)