Title
Resolution Approving and Authorizing Entering into a Parking Use Agreement with Hamm Building Commercial, LLC, or Its Affiliated Entity, for Parking Spaces in the Lawson Parking Ramp Located at 10 West Sixth Street, District 17, Ward 2.2.
Body
WHEREAS, the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (“HRA”) is a public body corporate and politic organized, existing, and operating under the laws of the State of Minnesota, Minn. Stat. Sec. 469.001, et seq. (the “Act”); and
WHEREAS, the HRA has the power to engage in development and redevelopment activities under the Act, and is authorized to create redevelopment projects as defined in the Act, and said activities include but are not limited to: (a) providing adequate, safe and sanitary dwellings, remedying housing shortages for low and moderate income residents, and providing housing for persons of all incomes through housing projects and development, (b) removing and preventing blight or deterioration, (c) bringing substandard buildings and improvements into compliance with public standards, (d) performing duties according to the comprehensive plan, (e) disposing of land for private redevelopment, and (f) improving the tax base and the financial stability of the community; and
WHEREAS, pursuant to authority granted under Minnesota Statutes Section 469.012 (subd. 12), among other authority, the HRA owns and operates the Lawson Parking Ramp (“Ramp”) located 10 West Sixth Street, Saint Paul; and
WHEREAS, Hamm Partners LLC, or its affiliated entity is redeveloping floors 2-6 of the Hamm Building at 408 St. Peter Street, Saint Paul into a 128-unit affordable housing development and Hamm Building Commercial LLC, or its affiliated entity will own the basement and ground floor multi-tenant commercial property at 408 St. Peter street (collectively “the Developer”); and
WHEREAS, the Developer has requested a parking use agreement for its future residents of the Hamm Building affordable housing to access and use a minimum of 50 parking spaces in the Ramp; and
WHEREAS, the Ramp has excess space and is available for use and entering into a parking use agreement with the Developer will derive public benefits, including; increased HRA ramp revenue, and aiding the Hamm Building redevelopment project, which, in turn, will create more affordable housing options and otherwise aid the downtown economy; and
WHEREAS, pursuant to authority granted under Minnesota Statutes Section 469.012, the HRA is willing to license parking spaces in the Ramp upon certain terms described herein or in the accompanying Board Report, including reserving a minimum of 50 parking spaces at the Ramp for the Developer’s residents for a 15-year term beginning approximately October 1, 2027 (or earlier), with a per-space fee of $160.00 (plus tax) and annual increases until year 11, at which time the rate per space will be set at the then-existing market rate with annual increases through the end of the term; and
WHEREAS, the proposed parking use agreement is not a lease or a conveyance of real estate and the HRA’s Policy for the Disposition of HRA-Owned Real Estate dated September 14, 2011 (and adopted September 28, 2011), specifically excludes from the requirements of such policy the leasing or licensing of space at parking ramp facilities, and, therefore that policy’s requirements do not apply and no public hearing is required; and
WHEREAS, consistent with existing HRA policies and Minnesota Statutes Section 469.012, the Board of Commissioners of the HRA finds a public purpose for licensing the parking spaces;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota:
1. that the HRA hereby approves and authorizes entering into a parking use agreement with the Developer under the terms contained herein and in the staff report, and hereby ratifies any and all actions taken by the executive director and/or staff of the HRA in entering into such agreement.
2. that the HRA hereby approves and authorizes staff, under the direction of the Executive Director, to take any other actions necessary to carry out the activities authorized by this Resolution, including finalizing all documents and agreements necessary to effectuate the activities to be undertaken by this Resolution, subject to approval by the City Attorney’s Office.
4. that, subject to approval by the City Attorney’s Office and pursuant to applicable ordinances and bylaws, the only signature that shall be required on a lease or other documents in connection with this Resolution is that of the Executive Director, who is hereby approved and authorized to execute all said documents and instruments, including any future parking use amendments and/or termination documents, and such signature(s) shall be sufficient to bind the HRA to any legal obligations therein.
5. that this Resolution does not constitute a binding legal agreement; rather, the action taken herein shall not be effective until said documents are executed by the appropriate official(s) of the HRA.