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97-1523� ° Council File # 4�l - 15Z3 �1M e�� �� ,' a ��� f Ct r7 Green Sheet # CooZ �� � � " l RESOLU7fON C OF AINT PAUL, MINNESOTA Z' � PreseMed By Referred To Committee: Date RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN ARENA LEASE, HOCKEY PLAYING AGREEMENT AND DISBURSING AGREEMENT IN CONNECTION WITH THE ARENA PROJECT WAEREAS: 1. Pursuant to Laws of Minnesota, 1967, Chapter 459, as amended, the Civic Center Authority (the "Authority") was created as an agency of the City of Saint Paul (the "City"), and given the power to, among other things, build, equip, maintain and operate a civic center complex, now known as the RiverCentre Complex, which includes an arena (the "Existing Arena"). '� 16 2. The City, the Authority, the Housing and Redevelopment 17 Authority of the City of Saint Paul (the "HRA") and Minnesota 18 Hockey Ventures Group, LP (the "Tenant") have hereto agreed to 19 the terms of an Amended and Restated Term Sheet dated as of 2� May 28, 1997 (the "Term Sheet") which evidences the binding 21 agreement of the City, Authority, HRA and Tenant to construct and 22 finance a new arena to replace the Existing Arena in order to 23 accommodate a professional NHL hockey team owned by the Tenant 24 (the "Team"). 3. Pursuant to the Term Sheet, the Tenant agreed to contribute at least $35,000,000 (the "Tenant Contribution") to the costs of the demolishing the Existing Arena and constructing and equipping the Arena (collectively, the "Project"), and the City agreed to contribute $30,000,000 (the "City Contribution") to the costs of the Project. ` �- �e.� c��wcU.meh� -�c.ir cev`nev�d.mer�.�'r- 4. The City and the Tenant anticipate that the remaining costs of the Project will be funded by a grant from the State of Minnesota (the "State Grant"). 5. In order to implement the provisions of the Term Sheet, the following documents have been prepared and submitted to the City Council: � � 1z-�i 371219.2 q�-� sa 3 Amendment to Council File # 97 - 1523, Crreen Sheet # 62180 New � _ _ -�---- �iY�/Ye�-� � 3(a) Tbat pursuant to fitrther negotiations and clarificafion of the Term Sheet, it is the City of Saint Paul City Council directive that the Director of Pla.uning and Economic Development pursue the following terms: 1) Charitable Contributions: that the tenant or its charitable foundation will make annual Arena Year contributions equal to the average percentage of gross revenue contributions made by five NHL teams with similaz market venues as the City of 5aint Paul. 2) Hazardous Substance: that the City of Saint Paul will make the submission of a grant request for the costs of abatement of Hazardous Substances in the Existing Arena a City priority only for the first cycle of grant requests in 1998. 9'I-�sa3 1 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 43 44 45 46 47 48 (a) an Arena Lease by and among the City, the Authority and Tenant (the "Arena Lease") which sets forth the rights and obligations of the City, the Authority and Tenant with respect to the demolition of the Existing Arena and the design and construction of the new arena and the leasing of the same to the Tenant; (b) a Disbursing Agreement by and between, among others, the City and the Tenant (the "Disbursing Agreement") setting forth the terms and conditions under which the City Contribution, Tenant Contribution and State Grant will be disbursed to pay costs of the Project; (c) a Hockey Playing Agreement by and between the City and Tenant (the "Hockey Playing Agreement") pursuant to which the Tenant agrees that the Team will play all its NHL Home Games (as defined in the Hockey Playing Agreement) at the Arena. The above documents, together with all exhibits thereto, are collectively referred to as the Project Documents. RESOLVED: 1. The City Council hereby approves Project Documents in substantially the forms submitted and authorizes the Mayor, Clerk, Director, Department of Planning and Economic Development and Director, Office of Financial Services (the "Authorized Officers") to execute the Project Documents. Any other documents and certificates necessary to the transaction described above shall be executed by the Authorized Officers. In the event of the disability or the resignation or other absence of any of the Authorized Officers, such other officers who may act in their behalf shall without further acC or authorization of the City be deemed for purposes of this Resolution as such Authorized Officers and shall do all things and execute al1 instruments and documents required to be done or to be executed by such absent or disabled officials. The approval hereby given to the Project Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the Director, DeparCmenC of Planning and Economic Development and the City Attorney; and said individuals are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the Authorized Officers of the City herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. 371219.2 j� )2--tl��� �l'? -15�3 1 2. The authority to approve future amendments to Project 2 Documents i5 hereby delegated to the Director, Department of 3 Planning and Economic Development subject to the following 4 conditions: (a) such amendments do not materially adversely 5 affect the interests of the City, and (b) such amendments are 6 acceptable in form and substance to such officers, the City 7 Attorney and any other counsel retained by the City to review 8 such amendments. Any amendments shall be executed by the 9 Authorized Officers described in paragraph 1 hereof. Requested by Department of: � t a Adopted by Council: Date a 1`l Adoption Certified by Council ��s:7r �Sa��..;�-v , __ I , •..�. -: . _,. �_ - � � � / ,, �,� / / Form ��proved b City Attorney B �,, � �2 -l(- J Approved by Ma r for Submission to Council g . G�-� 377219.2 GREEN SHEET Councilmember'fiYi�e-. ' December 17, 1997 TOTAL # OF StGNATURE PAGES o¢+�rt�ar owECroa °t'1-1s�3 No 62180 � rnrca.ca ❑ an�nopkv ❑ urracnK __ � wuxon�aEnv¢ESme ❑ raw�rw.aaevi.ccro ❑ WvORioRAimlAMn ❑ � {CLIP AI,L LOCATIONS FOR SIONATURE) ( Approving and authorizing execution of an azena lease, hockey playing agreement and disbursing agreement in connection with the azena project. PIANNIWG COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION r� tn� r+���� �»�ea �oder a aont�� r« u,�c aea�e�n YES NO Fias thie PewoNfirm a�er been a city empbyce4 YES NO DoecMis Pe+�� P� a sW71 rwt ndmal�YP� M anY cu�rent ci1Y empbyee7 YES NO k ihia pelsoM6xn a tar9�ed ventla? VEB t� S SOURCE �3T/REVENUE BUDGETm (CIRCLE ON� ncrnm �nn�sEn � i�� v � ��� � YE$ NO INf-0RMATON (E%PIAIN) � ° Council File # 4�l - 15Z3 �1M e�� �� ,' a ��� f Ct r7 Green Sheet # CooZ �� � � " l RESOLU7fON C OF AINT PAUL, MINNESOTA Z' � PreseMed By Referred To Committee: Date RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN ARENA LEASE, HOCKEY PLAYING AGREEMENT AND DISBURSING AGREEMENT IN CONNECTION WITH THE ARENA PROJECT WAEREAS: 1. Pursuant to Laws of Minnesota, 1967, Chapter 459, as amended, the Civic Center Authority (the "Authority") was created as an agency of the City of Saint Paul (the "City"), and given the power to, among other things, build, equip, maintain and operate a civic center complex, now known as the RiverCentre Complex, which includes an arena (the "Existing Arena"). '� 16 2. The City, the Authority, the Housing and Redevelopment 17 Authority of the City of Saint Paul (the "HRA") and Minnesota 18 Hockey Ventures Group, LP (the "Tenant") have hereto agreed to 19 the terms of an Amended and Restated Term Sheet dated as of 2� May 28, 1997 (the "Term Sheet") which evidences the binding 21 agreement of the City, Authority, HRA and Tenant to construct and 22 finance a new arena to replace the Existing Arena in order to 23 accommodate a professional NHL hockey team owned by the Tenant 24 (the "Team"). 3. Pursuant to the Term Sheet, the Tenant agreed to contribute at least $35,000,000 (the "Tenant Contribution") to the costs of the demolishing the Existing Arena and constructing and equipping the Arena (collectively, the "Project"), and the City agreed to contribute $30,000,000 (the "City Contribution") to the costs of the Project. ` �- �e.� c��wcU.meh� -�c.ir cev`nev�d.mer�.�'r- 4. The City and the Tenant anticipate that the remaining costs of the Project will be funded by a grant from the State of Minnesota (the "State Grant"). 5. In order to implement the provisions of the Term Sheet, the following documents have been prepared and submitted to the City Council: � � 1z-�i 371219.2 q�-� sa 3 Amendment to Council File # 97 - 1523, Crreen Sheet # 62180 New � _ _ -�---- �iY�/Ye�-� � 3(a) Tbat pursuant to fitrther negotiations and clarificafion of the Term Sheet, it is the City of Saint Paul City Council directive that the Director of Pla.uning and Economic Development pursue the following terms: 1) Charitable Contributions: that the tenant or its charitable foundation will make annual Arena Year contributions equal to the average percentage of gross revenue contributions made by five NHL teams with similaz market venues as the City of 5aint Paul. 2) Hazardous Substance: that the City of Saint Paul will make the submission of a grant request for the costs of abatement of Hazardous Substances in the Existing Arena a City priority only for the first cycle of grant requests in 1998. 9'I-�sa3 1 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 43 44 45 46 47 48 (a) an Arena Lease by and among the City, the Authority and Tenant (the "Arena Lease") which sets forth the rights and obligations of the City, the Authority and Tenant with respect to the demolition of the Existing Arena and the design and construction of the new arena and the leasing of the same to the Tenant; (b) a Disbursing Agreement by and between, among others, the City and the Tenant (the "Disbursing Agreement") setting forth the terms and conditions under which the City Contribution, Tenant Contribution and State Grant will be disbursed to pay costs of the Project; (c) a Hockey Playing Agreement by and between the City and Tenant (the "Hockey Playing Agreement") pursuant to which the Tenant agrees that the Team will play all its NHL Home Games (as defined in the Hockey Playing Agreement) at the Arena. The above documents, together with all exhibits thereto, are collectively referred to as the Project Documents. RESOLVED: 1. The City Council hereby approves Project Documents in substantially the forms submitted and authorizes the Mayor, Clerk, Director, Department of Planning and Economic Development and Director, Office of Financial Services (the "Authorized Officers") to execute the Project Documents. Any other documents and certificates necessary to the transaction described above shall be executed by the Authorized Officers. In the event of the disability or the resignation or other absence of any of the Authorized Officers, such other officers who may act in their behalf shall without further acC or authorization of the City be deemed for purposes of this Resolution as such Authorized Officers and shall do all things and execute al1 instruments and documents required to be done or to be executed by such absent or disabled officials. The approval hereby given to the Project Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the Director, DeparCmenC of Planning and Economic Development and the City Attorney; and said individuals are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the Authorized Officers of the City herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. 371219.2 j� )2--tl��� �l'? -15�3 1 2. The authority to approve future amendments to Project 2 Documents i5 hereby delegated to the Director, Department of 3 Planning and Economic Development subject to the following 4 conditions: (a) such amendments do not materially adversely 5 affect the interests of the City, and (b) such amendments are 6 acceptable in form and substance to such officers, the City 7 Attorney and any other counsel retained by the City to review 8 such amendments. Any amendments shall be executed by the 9 Authorized Officers described in paragraph 1 hereof. Requested by Department of: � t a Adopted by Council: Date a 1`l Adoption Certified by Council ��s:7r �Sa��..;�-v , __ I , •..�. -: . _,. �_ - � � � / ,, �,� / / Form ��proved b City Attorney B �,, � �2 -l(- J Approved by Ma r for Submission to Council g . G�-� 377219.2 GREEN SHEET Councilmember'fiYi�e-. ' December 17, 1997 TOTAL # OF StGNATURE PAGES o¢+�rt�ar owECroa °t'1-1s�3 No 62180 � rnrca.ca ❑ an�nopkv ❑ urracnK __ � wuxon�aEnv¢ESme ❑ raw�rw.aaevi.ccro ❑ WvORioRAimlAMn ❑ � {CLIP AI,L LOCATIONS FOR SIONATURE) ( Approving and authorizing execution of an azena lease, hockey playing agreement and disbursing agreement in connection with the azena project. PIANNIWG COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION r� tn� r+���� �»�ea �oder a aont�� r« u,�c aea�e�n YES NO Fias thie PewoNfirm a�er been a city empbyce4 YES NO DoecMis Pe+�� P� a sW71 rwt ndmal�YP� M anY cu�rent ci1Y empbyee7 YES NO k ihia pelsoM6xn a tar9�ed ventla? VEB t� S SOURCE �3T/REVENUE BUDGETm (CIRCLE ON� ncrnm �nn�sEn � i�� v � ��� � YE$ NO INf-0RMATON (E%PIAIN) � ° Council File # 4�l - 15Z3 �1M e�� �� ,' a ��� f Ct r7 Green Sheet # CooZ �� � � " l RESOLU7fON C OF AINT PAUL, MINNESOTA Z' � PreseMed By Referred To Committee: Date RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN ARENA LEASE, HOCKEY PLAYING AGREEMENT AND DISBURSING AGREEMENT IN CONNECTION WITH THE ARENA PROJECT WAEREAS: 1. Pursuant to Laws of Minnesota, 1967, Chapter 459, as amended, the Civic Center Authority (the "Authority") was created as an agency of the City of Saint Paul (the "City"), and given the power to, among other things, build, equip, maintain and operate a civic center complex, now known as the RiverCentre Complex, which includes an arena (the "Existing Arena"). '� 16 2. The City, the Authority, the Housing and Redevelopment 17 Authority of the City of Saint Paul (the "HRA") and Minnesota 18 Hockey Ventures Group, LP (the "Tenant") have hereto agreed to 19 the terms of an Amended and Restated Term Sheet dated as of 2� May 28, 1997 (the "Term Sheet") which evidences the binding 21 agreement of the City, Authority, HRA and Tenant to construct and 22 finance a new arena to replace the Existing Arena in order to 23 accommodate a professional NHL hockey team owned by the Tenant 24 (the "Team"). 3. Pursuant to the Term Sheet, the Tenant agreed to contribute at least $35,000,000 (the "Tenant Contribution") to the costs of the demolishing the Existing Arena and constructing and equipping the Arena (collectively, the "Project"), and the City agreed to contribute $30,000,000 (the "City Contribution") to the costs of the Project. ` �- �e.� c��wcU.meh� -�c.ir cev`nev�d.mer�.�'r- 4. The City and the Tenant anticipate that the remaining costs of the Project will be funded by a grant from the State of Minnesota (the "State Grant"). 5. In order to implement the provisions of the Term Sheet, the following documents have been prepared and submitted to the City Council: � � 1z-�i 371219.2 q�-� sa 3 Amendment to Council File # 97 - 1523, Crreen Sheet # 62180 New � _ _ -�---- �iY�/Ye�-� � 3(a) Tbat pursuant to fitrther negotiations and clarificafion of the Term Sheet, it is the City of Saint Paul City Council directive that the Director of Pla.uning and Economic Development pursue the following terms: 1) Charitable Contributions: that the tenant or its charitable foundation will make annual Arena Year contributions equal to the average percentage of gross revenue contributions made by five NHL teams with similaz market venues as the City of 5aint Paul. 2) Hazardous Substance: that the City of Saint Paul will make the submission of a grant request for the costs of abatement of Hazardous Substances in the Existing Arena a City priority only for the first cycle of grant requests in 1998. 9'I-�sa3 1 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 43 44 45 46 47 48 (a) an Arena Lease by and among the City, the Authority and Tenant (the "Arena Lease") which sets forth the rights and obligations of the City, the Authority and Tenant with respect to the demolition of the Existing Arena and the design and construction of the new arena and the leasing of the same to the Tenant; (b) a Disbursing Agreement by and between, among others, the City and the Tenant (the "Disbursing Agreement") setting forth the terms and conditions under which the City Contribution, Tenant Contribution and State Grant will be disbursed to pay costs of the Project; (c) a Hockey Playing Agreement by and between the City and Tenant (the "Hockey Playing Agreement") pursuant to which the Tenant agrees that the Team will play all its NHL Home Games (as defined in the Hockey Playing Agreement) at the Arena. The above documents, together with all exhibits thereto, are collectively referred to as the Project Documents. RESOLVED: 1. The City Council hereby approves Project Documents in substantially the forms submitted and authorizes the Mayor, Clerk, Director, Department of Planning and Economic Development and Director, Office of Financial Services (the "Authorized Officers") to execute the Project Documents. Any other documents and certificates necessary to the transaction described above shall be executed by the Authorized Officers. In the event of the disability or the resignation or other absence of any of the Authorized Officers, such other officers who may act in their behalf shall without further acC or authorization of the City be deemed for purposes of this Resolution as such Authorized Officers and shall do all things and execute al1 instruments and documents required to be done or to be executed by such absent or disabled officials. The approval hereby given to the Project Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the Director, DeparCmenC of Planning and Economic Development and the City Attorney; and said individuals are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the Authorized Officers of the City herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. 371219.2 j� )2--tl��� �l'? -15�3 1 2. The authority to approve future amendments to Project 2 Documents i5 hereby delegated to the Director, Department of 3 Planning and Economic Development subject to the following 4 conditions: (a) such amendments do not materially adversely 5 affect the interests of the City, and (b) such amendments are 6 acceptable in form and substance to such officers, the City 7 Attorney and any other counsel retained by the City to review 8 such amendments. Any amendments shall be executed by the 9 Authorized Officers described in paragraph 1 hereof. Requested by Department of: � t a Adopted by Council: Date a 1`l Adoption Certified by Council ��s:7r �Sa��..;�-v , __ I , •..�. -: . _,. �_ - � � � / ,, �,� / / Form ��proved b City Attorney B �,, � �2 -l(- J Approved by Ma r for Submission to Council g . G�-� 377219.2 GREEN SHEET Councilmember'fiYi�e-. ' December 17, 1997 TOTAL # OF StGNATURE PAGES o¢+�rt�ar owECroa °t'1-1s�3 No 62180 � rnrca.ca ❑ an�nopkv ❑ urracnK __ � wuxon�aEnv¢ESme ❑ raw�rw.aaevi.ccro ❑ WvORioRAimlAMn ❑ � {CLIP AI,L LOCATIONS FOR SIONATURE) ( Approving and authorizing execution of an azena lease, hockey playing agreement and disbursing agreement in connection with the azena project. PIANNIWG COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION r� tn� r+���� �»�ea �oder a aont�� r« u,�c aea�e�n YES NO Fias thie PewoNfirm a�er been a city empbyce4 YES NO DoecMis Pe+�� P� a sW71 rwt ndmal�YP� M anY cu�rent ci1Y empbyee7 YES NO k ihia pelsoM6xn a tar9�ed ventla? VEB t� S SOURCE �3T/REVENUE BUDGETm (CIRCLE ON� ncrnm �nn�sEn � i�� v � ��� � YE$ NO INf-0RMATON (E%PIAIN)