96-27����������
Presented By
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Council File # 'O
Green Sheet # �_
.
i o-�
Committee: Date
�t�
VJF-�REAS, the Council of the City of Saint Paui, in Council File No. 95-1449,
ordered the structure located at the properry commonly laiown as 697 Fourth Street East,
Saint Paul, Ramsey County, Miunesota, be either rehabilitated or removed within 15 days of
December 13, 1995; and
WHEREAS, one of the responsible parties, Portfolio Acceptance Corporation
[Portfolio], 8131 LBJ Freeway, Suite 400, Dallas TX, 75391-0959 has requested that the
Order of the City Council contained in Council File No. 95-1449 be laid over for a period of
si�y (60) days in order that it may protect its financial interest in the subject structure by
conveying its mortgage interest to the United States Depattment of Housing and Urban
Development (HUD). Portfolio represents that the present partial shutdown of federal
government offices has caused HL1D to delay responses to mortgage assignment inquiries; and
WHEREAS, Portfolio has agreed that it will be responsible for insuring that the
subject building will remain secure and promptly remove snow from the sidewalks in
accordance with a11 applicable City Ordinances. Additionally, Portfolio has agreed to
indemnify, defend and save harmless the Ciry of Saint Paul and any of its employees, officials
or agents, against any person or persons whomsoever for any claims, damages, action or cause
of action of any kind or character azising out of or by reason of laying over the resolution in
Council File No. 95-1449 and will sign an indemnity agreement to that effect, in a form
approved by the City Attorney, which shall be attached hereto and incorporated herein ;
NOW, THEREFORE,
BE IT RESOLVED, that the Order of this Council, in Council File No. 95-1449,
commanding the abatement, by rehabilitation or demolition, of the nuisance condition caused
by the structure presently located on the property commonly lrnown as 697 Fourth Street East,
Saint Paul, Ramsey County, Minnesota, is hereby stayed and laid over for a period of si�y
(60) days from the date of adoption and approval of this Resolution; AND,
��z� � y�-��
BE IT FURTHER RESOLVED, that in the event that Portfolio has not assigned its
interest in the subject structure to HUD and notified, in writing, the City's Health Department,
Vacant Building Division of the same, by the conclusion of this sixty (60) day period, the
original terms aud conditions contained in Council File No. 95-1449 shall, in all things, be
reinstated and implemented without need for additional public hearings; AND
BE IT FINALLY RESOLVED, that Portfolio must notify H[TD in writing, with a
copy of the notificafion to the City's Health Department, Vacant Building Division, that the
subject nuisance structure is subject to abatement by demolition upon the expiration of the
sia�y day period, that the City will not notify HiJD of the City's intent to abate the nuisance,
and that IILTD must, if it so chooses, take the necessary steps to preserve any interest in the
subject structure that it may acquire as the original terms and conditions contained in Council
File No. 95-1449 shall, in all things, be reinstated and implemented without notice to HUD.
QI\���iLE��
By: �1
Approved by ayor:
BY: ��
�
Requested by Department of:
By:
Form Approved by City Attorney
By: � i�/�t/G✓ ` �yv�� - •
/2 .26' SS
Approved by Mayor for Submission to
Council
By:
Adopted by Council: Date p q, (
Adoption Certified by Counc' Secretary
�� -a7
N_ 27988
Council
Covacilmember Dino Gueim
TOTAL # OF SIGNATURE PAGES
12-29-95 GREEN SHEET
INITIAVDATE MITfAL/DATE
�DEPARTMEMDIRECTOR �CfTYCOUNCIL
�« � cm nrrorwer � cm c�aK
IBEfl f-0R O gUDGET ��RECTOR � F�N. & MGi SEFiVICES DIR.
mx�
IE= � MqYOR (OR AS51$TANn ❑
(CLIP ALL LOCATIONS FOR SICaNATURE)
17�at the order of Coimcil File No. 95-1449, commandmg tUe abatement, by rehabilitation or demolition, of the nuisance condition caused
by the stmcmre presently locaced on the pmperty commonly known as 69'7 E. Fourth Street, be stayed and laid over foi a period of sixty
(60} days from the date of adoption and approvai of this Resolufion, �
or
__PWNNINGCOMMISSION _CIVILSERVICECAMMISSION
_ Cf6 COMMIiTEE _
__ STAFF _
_ DISTRICTCAUflT _
SUPPORTS WHICH COUNCIL O&IECTIVE�
PERSONAL SEHVICE CONTRACTS MUS7 ANSWER THE FOLLOWING QUESTIONS:
1. Has this personffirm ever worked under a contract tor this departmem?
YES NO
2. Has this person/firm aver been a ciry employee?
YES NO
3. Does this pereon/firm possess a skill noi normally possessed 6y any current city employee?
YES NO
Explain all yes answers on seperate sheet and attach to grecn sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY {Who. What, When, Where, Why):
Due to the present situaaon and partiai shutdown of [he federal govemment offices has caused HUD w delay responses to mortgage
assignment inquiries.
ADVANTAGES IF
° ��s�,.t.y�eey�� ✓a�.ro.,n:n
�' Yi :.._n C � N;; o.. .,,.
,�`�3+j �� 1�f;�
IF
DISADVANTAGES IF NOTAPPflOVE�:
TOTAL AMOUNT OF TRANSACTION $
C0.ST/REVENUE BUDGE7ED (CIACLE ONE)
YES NO
FUNDIfdG SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION� (EXPLAIN)
NOTE: CAMPIETE DtRECT10NS ARE INCUiDED IS�tTHE GREEN SHEET WSTRUCTIONAL
MANUAL AVA7LABLE IN THE PURCHASING OFFICE (PHONE NO. 298-4225) �
ROUTING ORDER:
Below are correc[ routings for the five most frequent types of documents: , �
CON7RACTS (assumes authorized budget exists) COUNCIL RESOLUTION (Amend Btidgets/Accept. Grants)
1. Outside Agency
2. Department Director
3. City Attorney
4. Mayor (tor contracts over $15,000)
5. Human Rights (tor conhacts over $50,00�)
6. Finance and Management Sarvices Direcior
7: Finance AccounGcig
1. Deparhnent Director ' ,.
Z Budget Director -
3. CityAtfomey
4. Mayor/Assisiant
5. City Catxit � �
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS (BUdge[ Revision)
1. Activiry Manager ,
2. Department Accountant
3. Department Director
4. Budget Direc[or
5. City Clerk
6. Chief Accountant, Finartce aad Managament Services
ADMINISTRAT{VE ORDERS (al{ oihers) �
1. Department Diractor ,
2. �tyAttorney �
3. Finance and Management Services Director
4. City Clerk
COUNGIL RESOLUT{ON (aN others, end� OrdSnarn�s)
1. Department Director
2. City Attorney �
3. Mayor Assistant
4. City Council
TOTAL NUMBER OF SIGNATURE PAGES � ' '
Indicate. the #ot Qages on which signatures are required and papereilp or }tag
eaeh of these pages.
ACTION REQUES7ED
Describe what the projecUrequest seeks to accomplisfi in either chronologi-
cal order or order of importance, whichever �is most appropriate for Me �
issue. Do not wri[e complete sentences. Begin each� Rem in your list with
a verb.
IiECOMMENDATIONS
Complete if the issue in question has been presenied before any body, public �
or private. , � � �
SUPPORTS WHtCH COUNCIL OBJEC7IVE? �
Indicate whicb Council objective(s) your projecUrequest supports by listing �
ihe key word(5) (HOUS{NG. RECREATYON, NEIGH80RH006S, ECONOMIC DEVEIOPMENT, �
BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAI. MANUAL.) ' '
PERSONAL SERVICE CONTRACTS: ' ' � �
This information will be used to determine the ciryk liabiliry for workers wmpensatiomGaims, taxes and proper civil service M1iBng rules.
MITIATING PROBLEM, ISSUE, OPPORTUNITY ' , � ,
Explain the situaGon nr conditians thaz created a need tor your project
or request ' , ,
ADVANTAGES IF APPROVED � '
indicate whether this is simpry an annual budget procedure required by law/
cM1arter or whether there are specitic ways in which tha City of Saint Paul
and its citizans will benefit trom this projecVaction.
DISADVANTAGES IFAPPROVED ' , �
What negative eHects or major changes to existing or past processes might
this projecVreques[ produce if it is passed (e.g., tratfic delays, noise,
t� increases or assessmen[s)? To Whom? When? Fo� how Io�g?
DISADVANTAGES fF NOT APPROVED
What wili be the negaiive cOnsequences if the promised action is not
approved? tnabiiiry to deliver'service? Cordinued high iraffic, noise,
accident rate? Loss of 2venue? ,
FINANCIAL IMPACT ,
Although, you must taiior the inFormation you provide here to the issue you
are addressing, in gederel you must answer two questions: How much is it
going to cost? Who is going to pay? �
CITY OF SAINT PAUL
Norm Co7emmr, Mayor
December 29, 1995
Council Member Dino Guerin, Ward 7
Room 320 C
Saint Paul City Hall & Court House
OFFICE OF TI-IE CITY ATTORNEY �� ��
Trmothy E dFa�; Ciry AKOrney
Civil Division
400 Ciry Hdl Telephone: 672 266-87I0
IS West Kellogg Blvd Facsimile: 672 298-5619
Saint Paul, M"mnesota 55102
RE: 697 Fourth Street East, Council File No. 1449
Dear Council Member Guerin:
You requested a resoiution laying over the abatement of the public
nuisance at the address stated above as ordered in the council file
referenced above.
I have prepared such a resolution based upon the information
provided by your staff. Please find it attached. In addition, since
the council has already designated the subject property to
constitute a nuisance, I have also prepared an indemnity agreement
protecting the financial inte'rests of the City. I will leave the
gathering of signatures and green sheet routing to your staff.
If you have any questions, please do not hesitate to call me.
Very truly yours,
��`��� ��a�/✓�'-`
Peter W. Warner
Assistant City Attorney
cc: R. Weiss, Health
�� a�
INDEMNITY AGREEMENT
This Agreement ("Agreement") is entered into this day of
, 199 , by the City of Saint Paul [City] , a
municipal corporation under the laws of the State of Minnesota, and
Portfolio Acceptance Corporation ["Portfolio"7 , a corporation
under the laws of the State of .
WITNESSETH
WHEREAS, Portfolio is the assignee of the mortgagee for the
premises commonly known as 697 Fourth Street East, located in the
City of Saint Paul, County of Ramsey, State of Minnesota; and
WHEREAS, City, in Council File No. 95-1449, declared the premises
at the common ac3c3ress referenced above to be a public nuisance in
accordance with the Saint Paul Legislative Code, and ordered the
repair or demolition of the subject premises in order to abate its
nuisance condition; and
F1EiEREAS, Portfolio has requested that the subject premises not be
demolished until such time that Portfolio's interest in the subject
premises was conveyed to the United State Department of Housing and
Urban Development; and
WHEREAS, Portfolio has agreed to undertake certain steps which, if
completed, would accommodate City's desire to protect the public
health, we].fare and safety and Portfolio's @esire to preserve its
interests in the subject premises; NOW,
THEREFORE, in order to protect their respective interests in the
subject premises, and in furtherance of taking steps necessary to
do the same, the parties hereto agree as follows:
1. That Portfolio assures City that no person presently occupies
the subject premises and that no person, other than the
mortgagor or the mortgagor's assigns, will occupy the
premises.
2. Portfolio shall obtain, maintain and provide City with a
liability insurance policy naming the City as an insured
during the sixty day lay over period, commencing on the date
of adoption and approval of Council File No. The
aggregate policy limits shall be those set forth in Minn.
Stat. � 466.04. Portfolio shall further obtain, maintain and
provide City with a sperate, umbrella liability policy in the
sum of one million ($1,000,000.00) dollars. The dates of
coverage shall commence as of the date of adoption and
approval of Council File No. Portfolio shall
further indemnify, defend and save harmless the City of Saint
Paul and any of its employees, officials or agents, against
any person or persons whomsoever for any claims, damages,
action or cause of action of any kind or character arising out
of or by reason of laying over Council File No. 95-1449.
�� a7
Notwithstanding anything in this or any other agreement to the
contrary, the parties agree this Agreement can be amended, but
only if such amendments are reduced to writing and are fully
executed by the parties. The parties make it e�ressly clear
that no agreement or amendments between these parties shall be
oral.
5. Each of the parties hereto represents to the other that it has
(i} full power and authority to execute, deliver and perform
this Agreement in accordance with its terms; (ii) each of the
parties hereto has entered into this Agreement in reliance
upon the foregoing representations and that this Agreement
fully incorporates the obligations of each party; and (iii)
the City, its officials, employees or agents have made no
other promises, oral or written, concerning this matter to
Bank.
This Indemnity Agreement shall immediately terminate upon
expiration of the sixty-day lay over period in Council File
No. .
FIHEREOF, the parties, on behalf of themselves, their successors and
assigns, hereto have set their signatures on this Agreement the
first day written above.
CITY OF SAINT PAUL
By
Mayor
By
City Council President
Sy
City Attorney (Approved as to Form)
PORTFOLIO ACCEPTANCE CORPORATION
By
Its
Q�E�f��'���
Presented By
Referred To
RESOLUTION
CITY OF SAiNT PAUL, MINNESOTA
Council File # '�
Green Sheet # �J�'f��
�Q�
Committee: Date
�
1 WHEREAS, the Council of the City of Saint Paul, in Council File No. 95-1449,
2 ordered the structure located at the property commonly lmown as 697 Fourth Street East,
3 Saint Paul, Ramsey County, Mimiesota, be either rehabilitated or removed within 15 days of
4 December 13, 1495; and
10
11
12
13
14
15
16
17
18
14
20
21
22
23
24
25
26
27
28
29
WHEREAS, one of the responsible parties, Portfolio Acceptauce Corporation
[Portfolio], 8131 LBJ Freeway, Suite 400, Dallas TX, 75391-0959 has requested that the
Order of the City Council contained in Council File No. 95-1449 be laid over for a period of
si�ty (60) days in order that it may protect its fmancial interest in the subject structure by
conveying its mortgage interest to the United States Department of Housing and Urban
Development (HUD). Por[folio represents that the present partial shutdown of federal
government offices has caused HUD to delay responses to mortgage assignment inquiries; and
WF3EREAS, Portfolio has agreed that it will be responsible for insuring that the
subject building will remain secure and promptly remove snow from the sidewalks in
accordance with all applicable City Ordinances. Additionally, Portfolio has agreed to
indemnify, defend and save harmless the City of Saint Paul and any of its employees, officials
or agents, against any person or persons whomsoever for any claims, damages, acdon or cause
of action of any kind or character arising out of or by reason of laying over the resolution in
Council File No. 95-1449 and will sign an indemnity agreement to that effect, in a form
approved by the City Attomey, which sha11 be attached hereto and incorporated herein ;
NOW, THEREFORE,
BE IT RESOLVED, that the Order of this Council, in Council File No. 95-1449,
commanding the abatement, by rehabilitation or demolifion, of the nuisance condition caused
by the structure presently located on the property commonly known as 697 Fourth Street East,
Saint Paul, Ramsey County, Minnesota, is hereby stayed and laid over for a period of sixty
(60) days from the date of adoption and approval of this Resolution; AND,
�. Z� �. y�-��
BE IT FURTHER RESOLVED, that in the event that Portfolio has not assigned its
interest in the subject skucture to HUD and notified, in writing, the City's Health Department,
Vacant Building Division of the same, by the conclusion of this sixty (60) day period, the
original terms and conditions contained in Council File No. 95-1449 shall, in all thingc, be
reiustated and implemented without need for additional public hearings; AND
BE IT FINALLY RESOLVED, that Portfolio must notify HUD in writing, with a
copy of the norification to the City's Health Department, Vacant Building Division, that the
subject nuisance structure is subject to abatement by demolition upon the expiration of the
sixty day period, that the City will not notify HUD of the City's intent to abate the nuisance,
and that HUD must, if it so chooses, take the necessary steps to preserve any interest in the
subject strucrixre that it may acquire as the original terms and conditions contained in Council
File No. 95-1449 shali, in ali things, be reinstated and implemented without notice to HUD.
� �
Requested by Department of:
By:
�
By:
By:
Form Approved by City Attorney
BY � ��1�!/ L-✓ G.y✓Y`
i2.Ta���s
Approved by Mayor for Suhmission to
Covnail
By:
Adopted by Council: Date _ Vil.\q_�(�
��.��
Adoption Certified by Counc' Secretary
Cl � 'o��
City Councit 1229-95 GREEN SHEE �
fiACf PEflSON 8 PHONE � DEPARTMENT OIRE O CRY COUNCiI
COUIICIISIICIDY�I �1II0 Gl1CIll1 ASSiGN � CffV ATTORNEY � CITY CLERK
NIIMBER FOp
iT BE ON CpUNGL AGENOA BY (OpTE) pp�� � BUDGEf DIflECTOF � FlN. & MGC. SERVlGES OIR.
��fl � MAYOR (OR ASSISTANn ❑
TOTAL # OF SfGNASURE PAGES
TLat the onler of Coimcil F�le No. 95-1449, command"mg the abatc7nent, by rei�abilitalion or demolition, of the nuisance condition caused
by d�e stmcture pmseafly 1oca�d on @ie property cammoniy known as 697 E. Fourth Steeet, be shyed and laid over for a period of siety
(60) days from tLe date of adoprion and approval of Uvs Resolution. '
ApP�e (A) or
_ PLAIiNING COMMISSI01i _ CIV1L SERVICE COMMISSION
_ CB COMMITfEE _
__ STAFF _
_ DISTRICf COURT _
WFIICH COUNC1l OBJEGTIVE?
Due to the present situation and pattial shutdown of the fedexal govemment offices has caused HUD to delay iesponses to mortgage
assignment inquiries.
� �� �" a�� �,,,�
". :'.sF
aA�J � 3 �vv�
(CLIP ALL IOCATfONS FOR SIGNASURE)
PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
t. Has Nis personthrm ever worketl untler a wntract for this tlepartment?
YES NO
2. Has this personRirm ever been a city employee?
YES tJ0
3. Does this personRirm possess a skill not normally possessed by any current city employee?
YES NO
Explain all yes answers on separate sheet anA attach to green sfieet
wnyy
N� 27988
TOTAL AMOUN7 OF iRANSAC710N $
CO57/REVENUE BUDGETED (CIRCLE ONE)
VES NO
FUNDItdG SOUHCE ACTIYfri NUMBER
°WANCIAL INFORMATIOM (EXPlA1N�
CITY OF SEIII�IT PAUL
Narn� Coleman, Mayor
December 29, 1995
Council Member Dino Guerin, Ward 7
Room 320 C
Saint Paul City Hall & Court House
OFFICE OF TI� CITY ATTORNEY �� r ��
rm,oury E. ,Lb.:, Giy ano„�ey
Civi7 Division
400 City Ha11 Telephane: 672 266-8770
l5 West Ke!logg BZvd Facsimtle: 6I2 298-5619
Saint Paul, Mmnesom SSIO2
RE: 697 Fourth Street East, Council File No. 1449
Dear Council Member Guerin:
You requested a resolution laying over the abatement of the public
nuisance at the address stated above as ordered in the council file
referenced above.
I have prepared such a resolution based upon the information
provided by your sta£f. Please find it attached. In addition, since
the council has already designated the subject property to
constitute a nuisance, I have also prepared an indemnity agreement
protecting the financial interests of the City. I will leave the
gathering o£ signatures and green sheet routing to your staff.
If you have any questions, please do not hesitate to call me.
Very truly yours,
�`v " �
P ter W. Warner
Assistant City Attorney
cc: R. Weiss, Health
l v��
INDEMNITY AGREEMENT
This AgreemenC ("Agreement") is entered into this day of
, 199 , by the City of Saint Paul [City] , a
municipal corporation under the laws of the State of Minnesota, and
Portfolio Acceptance Corporation ["Portfolio"] , a corporation
uncier the laws of the State of .
WITNESSETH
D�fiEREAS, Portfolio is the assignee of the mortgagee for the
premises commonly known as 697 Fourth Street East, located in the
City of Saint Paul, County of Ramsey, State of Minnesota; and
WHEREAS, City, in Council File No. 95-1449, declared the premises
at the common address referenced above to be a public nuisance in
accordance with the Saint Paul Legislative Code, and ordered the
repair or demolition of the subject premises in order to abate its
nuisance condition; and
WHFsREAS, Portfolio has requested that the subject premises not be
demolished until such time that Portfolio's interest in the subject
premises was conveyed to the United State Department of Housing and
Urban Development; and
WHEREAS, Portfolio has agreed to undertake certain steps which, if
completed, would accommodate City's desire to protect the public
health, welfare and safety and Portfolio's desire to preserve its
interests in the subject premises; NOW,
TAEREFORE, in order to protect their respective interests in the
subject premises, and in furtherance of taking steps necessary to
do the same, the parties hereto agree as follows:
1. That Portfolio assures City that no person presently occupies
the subject premises and that no person, other than the
mortgagor or the mortgagor's assigns, will occupy the
premises.
2. Portfolio shall obtain, maintain and provide City with a
liability insurance policy naming the City as an insured
during the sixty day lay over period, commencing on the date
of adoption and approval of Council File No. The
aggregate policy limits shall be those set forth in Minn.
Stat. § 466.04. Portfolio shall further obtain, maintain and
provide City with a sperate, umbrella liability policy in the
sum of one million ($1,��0,�00.0�) dollars. The dates of
coverage sha11 commence as of the date of adoption and
approval of Council File No. Portfolio shall
further indemnify, defend and save harmless the City of Saint
Paul and any of its employees, officials or agents, against
any person or persons whomsoever for any claims, damages,
action or cause of action of any kind or character arising out
of or by reason of laying over Council File No. 95-1449.
�� a7
Notwithstanding anything in this or any other agreement to the
contrary, the parties agree this Agreement can be amended, but
only if such amendments are reduced to writing and are fully
executed by the parties. The parties make it e�cpressly clear
that no agreement or amendments between these parties shall be
oral.
5. Each of the parties hereto represents to the other that it has
(i? full power and authority to execute, deliver and perform
this Agreement in accordance with its terms; (ii) each of the
parties hereto has entered into this Agreement in reliance
upon the foregoing representations and that this Agreement
fully incorporates the obligations of each party; and (iii)
the City, its officials, employees or agents have made no
other promises, oral or written, concerning this matter to
Bank.
This Indemnity Agreement sha11 immediately terminate upon
expiration of the sixty-day lay over period in Council File
No. .
Y�HEREOF, the parties, on behalf of themselves, their successors and
assigns, hereto have set their signatures on this Agreement the
first day written above.
CITY OF SAINT PAUL
By
Mayor
By
City Council President
By
City Attorney (Approved as to Form)
PORTFOLIO ACCEPTANCE CORPORATTON
By
Its