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86-127 WHITE - CITV CLERK PINK - FINANCE GITY OF SAINT PAUL Council �! _j� � BLUERV - MAVORTMENT `� File N 0. � City Attny/PBB Cou cil Resolution Presented By �V . �'� � Refe�red To G l�C '� .�� r�.-- ` ' Committee: Date ��'�� Out of Committee By Date BE IT RESOLVED, by the Council of the City of Saint Paul, that the City Clerk is directed to accept and keep on file that certain Skyway Agreement , dated Qctober 28 , 1983 , between the Port Authority of the City of Saint Paul; the City of Saint Paul ; the Lowry Development Company, a Minnesota general part- nership; and the Estate of Jack N. Geller, attached hereto, which Agreement contains covenants and obligations touching and concerning the following described property in the City of Saint Paul: Lots 3 , 4, 5 , 6 and 7 , and parts of Lots 1 , 2 and 8 , a11 in Block 21 , City of Saint Paul (St. Paul P�oper) ; and The Southwesterly 167 . 5 feet of Block 20, City of Saint Pau1., except the Northwesterly 150 feet of said Block 20, and except the Southeasterly 10 feet to be reserved for widening Fourth Street and except a triangle to measure 16 feet on each property line at the intersection of Wabasha Street and Fourth Street after widening (Torrens) ; and BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to file a certified copy of this Resolution (with attach- ment) in the Office of the County Recorder, Ramsey County. COUNCILMEN Requested by Department of: Yeas p�� Nays / 'M""'�R'��r�°� '�� [n Favor Nicosia Scheibel Q� Sonnen _ A gainst BY �ad�asco- Wilson �E� �, _ ,g�6 Form App oved by City Attorney Adopted by Council: Date - e G Certified P•s e oun , c BY ��r Z7�o� A►ppro e by Mavor: FEB � — ��6 Approved by Mayor for Submission to Council By Pl��a�� __ = 1�?86 WHITE - CITV CIERK � � � PWK � F�N�AkCE GITY OF SAINT PALTL �6 '�f,,�-�f' CCNqRY -�7EPARTM�N7 COLL[1C11 � BLUE - INAVOR . � � Flle �O. G�t�r Attny/PBB �O�ncil Resolution; Presented By � , � � � t �--- � ..� • r ..� �eferred To G " � �" � -�� '--- ^ ''� Committee: -- �i�ate ��'�� Out of Committee By Date r � BE IT RESOLVED, by the Council of the City of Saint Paul, � that the City Clerk is directed to accept and keep on file - that certain .Skyway Agreement, dated Octob�er 28, 1983 , between � the Port Authority of the City of 5aint Paul; the City of Saint (� Paul; the Lowry Development Company, a Minnesota general part- nership; and the Estate of Jack N. Geller, attached hereto, which Agreement contains covenants and obligations touching and concerning the following described property in the City of Saint Paul: Lots 3, 4, 5, 6 and 7 , and parts - of Lots 1, 2 ' and 8 , a11 in Block 21, City of Saint Paul (St. - Paul Proper) ; and The Southwesterly 167 .5 feet of Block Z0, City of Saint Paul, except the Northwesterly 150 feet of. said Block 20, and except the Southeasterly 10 feet to be reserved for widening Fourth Street and except a triangle to measure 16 feet on each property line at the intersection of Wabasha Street and Fourth Street after widening_ (Torrens) ; ' and . BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to file a certified copy af �Ghis Resolution (with attach- nent) in the Office of �he County R�corder, Ramsey CouiYty. - COUNCILMEN Requested by [�partmerrt of: Yeas p�� Nays � ��'"""�`�� In Favor Nicasia Scheibel �,j1 Sonnen Ageitlst BY T.adesr.o- W i Ison Adopted by Councii: Uate FE� 1, "' iQ��j Form Approved by City Attomey Certified P•s e � oun ,ec By �� Appro e by ;Navor: I'�B 5 — �� Appcoved by Mayor for Submission to Councit By Pl��'S'r�Y� .-�� 986 � C� �'� L'? � C� C� �� STATE OF r1INN�SOTA ) _ County of Ramsey ) ss. CITY 0� SAINT PAUL ) I , . . . . . . Albert B., Olson . . . . . . . . . . . . . . .City Clerk of the � City of Saint Paul, Minnesota, do h�rebq certify that I hav� co:nparad the attached copy of Council ��ile ?Vo. . 86�127. , . � . , . . . . . . as adopted by the City Council. . . FebruarX 4,p . , , . . , . . , .1;86., . , and approved by the Mayor.. . . . , . , , February 6... . . . . . . . . . . . . ig 86� . , . with the origi�al thereof on file in my office. I further certifp that said copy is a true a.nd currect co;py of said original and the whale tnereof. [a�TpjFSS �:y ha_z� a;14 tha s�al ef �2:e Ci_*yo uf Saint Paul, Minnesota this . . . . . . . 27th_ . . day of . . . . February. . . . . .�.D. 1986. . . . . . . . . .�� ¢ r�:: .�: . �':/. . . .��. �::::: . .. . . City Clerk. .��_, .; a, .x;�L �,.� . ��',�°'� `� , ;$ .. ;� '. s r , � , L ,,� . . J ,� �� J � F•-�~ . Y . + � i'i `�,y, � ' ' � r � ,�:". _� ,-> � � � � - - � . �.�QndU 1J��.1i��}�b4L�C�CU�tEta3 3G.(�[} � v c� �- o � � � � o � C+7 z °1 � -�c � � `° � � � �oc� � <-+ ;�j a� -� -n r m -< m � � `� � D -�i n -s o � r r v � � � c � N y O � r� � � � W G pp N N � � � ��\` F� v � t�' � 'k. �h ,'� '�•. C� � 7�" n £� � a� m � � � m � � � �P r5 ''' I x � � � i F-+ A� � �. � � � w S�, rr � n Q rt � 3 S �. O '�] m �' � � �D -G �l rt ,� � ° � zma a c r* �. � z � �° Na � � � � m O (/� � � n � � m° nm � � rt , . � V I��fff ��`��, W � (\ J �` � e�i� -r� (D �� -��J .. _ �, .. .M .....»..>.w.....�.>. , . : ----_ __ _ - --- - .__..__ _ ___._ _..� ._._��'Y CLERK February 27, '�. , I9 86 _ ....�_ _.,_,.. CTTY OF ST. PAUL �'."' , ._- 386 CITY HALL Number Instrument Descri tion ees Reso. 86-127 Skyway Agreement - Over Wabasha Street between 4th and 5th Streets. Connecting Carriage Hill and-�ry Ran►P Vrc,-c�=z � � � Contact Person T��' . ! RAMSEY COUNTY RECORDER Phone Number 298-4231 �Y ; � _ .� __ �___ _...,.� � - � � �� ' q�y � yU ��" � � �� ' �� ) ``�y I . .. . . . . . . Albert B: Olson ... . ... . . . .. . . . ti �' � � • City Clerk of the r� �/ � ��City of Saint Paul, Minnesota, do hereby certify that I have ; �' � � G � 86 127 ��'�� ,� �y compared the attached copy of Couacil File No. . . . � , , ,, , ,, , , , , ,, , �' � � - ___. __ --- _ - as adopted by the City Council.. , Februar�r 4,: .?9 86 �c��,� �` and approved by the Mayor. . „ February 6, ... . _ . . . .. . 86•• . • '`� � � . . . . . .19. . . . . . �,�' �; �� with the original thereof on file in my office. �� 1� �'J �` ��u � I further certify that said copy is a true and correct copy J �� of said original and the whole thereof. . � '- � �`� WITNESS my hand and the sea� of the City of Saint Paul, Minnesota this . . . . . .. ?�th . , day of ,,,, February. . . . . ,A.D. 1986 � `�, . . / - -- / !I -, r . ( � /�� J . � . . . . .. . .�.-: . .�.:.. . . ... .."�: . . . . iY"::.:.. . . .... � City Clerk. �� , , ; , , _ _ .. ..,_�.�. .�......._� ...._. _. . :. ....�.�..�.�...� .<..�..,_.:`;....,.,...�....�..r,.....,�..,�..,....._.�m _ ,., � � ' �". .• . V I CTORY RAMP/CARR7AGF H ILL � � ' 9-13-83_ . � � � (��G- �a7 � . � � �, SKYWAY AGREEMEA'T � � �:� (� THIS AGREEMENT is made and entered into. this 28th day - of october , 1983 , by and between the CITY OF SAINT PAUL, a municipal . � .� corporation� hereinafter referred - to as the "City" ; and - the ESTATE OF JACK N. GELLER, of which ' the First Trust Company of St. Paul, Sherman Winthrop and Lillian 0. 3 Geller are Persona]. Representatives , which Estate owns the Victory Ramp, � and is collectively referred to _ hereinafter as "Victory" ; and � � - t�ie PORT AUTHORITY OF THE CITY OF � SAINT PAUL, a body politic- and . corporate under the laws of - Minnesota, hereinafter referred to . � as the "Authori�ty" ; and the LOWRY DEVELOPMENT COMPANY, a Minnesota general partnership , . hereinafter. referred to as "LDC" . WITNESSETH: WHEREAS , the City and the HRA have undertaken to develop a pedestrian skyway system wit:�in the Downtown Central Business � District and the Central Core Renewal Area, hereinafter referzed to as the "System" ; and . � WHEREAS , the City, pursuant to Chapter 764, Laws of Minnesota 1973 , is authorized to operate the System; and ti1HEREAS , the City has committed itself to make available $200, 000 of public funds as and for a participation in the total cost of extending the linkage of the System from the Amhoist Tower in an easterly direction �to the St . Paul Athletic Club; and � ... . -.�.__...r _ _... _.. __ .__. . . ,, . . . . _�. .._�.�. ....�...� . . ..�........�.e. � - , ' � . � �� `�' ., , CiF�G> -��`� � . � . � .. � . . T . , � M ' -2- . . (� . WHEREAS, Victory owns the parking• ramp facility located on the westerly part of that block bounded b3� Wabasha, Cedar, Fou=th and Fifth Streets in St. Paul, whichlfacility shall be. hereinafter referred to as the "Ramp" ; and i - WHEREAS, Economics Laboratory, Inc. , hereinafter referred to as "EL" , owns the office building- on the easterly portion of that block bounded by Wabasha, Cedar, Fourth and Fifth Streets , which building shall hereinafter be referred to as "345 Cedar" ; and WHEREAS, the Authority owns , and the Lowry Developiuent Company hereafter "LDC" , is developer and tenant of certain buildings on �_, . that block� directly to the west of said Ramp , which buildings� shall . _ ---- - - - --_�_ e�_ ----�_ _ _ - be hereinafter referred to as "Carriage Hill"; and WHEREAS , the parties desire� to constr�sct skyway bridges across Wabasha Street between Carriage Hill and the Ramp , and across the parking lat between the Ramp and 345 Cedar�, together with accom- panying concourse systems and access facilities ; and �THEREAS, su�stantial public monies will be expended for 'the - ' design and construction of said skyway bridge; and � WHEREAS, a benefit will inure to the respective proper'ty` . � owners by virtue of construction of this segment of the System, and the poss�ble future linkage to other portions of the System. NOW, THEREFORE � IT IS HEREBY AGREED: . � ',� . . .. .. . .._.......... �..,..,...,,....n..��.a,.._.r .v....�..�..�+.,..r.r.� ,:,:..-rwsx...e.n;:...Y.r#.s.ra«,_.....✓,_....�.:....>.,�.:....x.._�r.. �.:.�.�.r..x.��v....u�'_.v;:.._ee....:.n,.r,:ue.._:�:«rmr..��er�++v.an�.+a��.....nw.w✓�M�ar+'awwiWiWM(o , - �;�,�� -,�7 -3- ��,� � BRIDGE CONSTRUCTION � 1. The City agrees to design and construct (1) a skyway. ,n . � bridge spanning Wabasha Street and connecting Carriage Hill with c� '� the Ram � . p (the "Wabasha Bridge") , �and (2) the Ramp with 345 Cedar _ . in accordance with City-approved plans and specifications (here- after, the "plans and specifications") prepared for City .by Hammel, i Green and Abrahamson. Victory, LDC and Authority have each re- viewed the plans and specificati.ons for the construction of the Wabasha 8ridge. The City shall not, without the written consent of Victory and LDC, which consent shall not _be unreasonably �aith- - held, malce or approve (a) any change in the plans and specifications _ which would_ increase the-_total� cost of the-Wa�asha Bridge by . _ __. $10, 000 or more; or (b) any change which causes the aggregate cost of all changes in the plans- and specifications with respect to the � Wabasha Bridge to equal or exceed $40,.000. City will construct all mechanical, electrical and drainage systems, installations and connections as shown in the approved pZans and specifications t.o be.- part of the City construction contract. � 2. Victory and LDC shall each reimburse the City for. 10070 ' of all costs incurred in or resulting from the provision of all _ , � support structures within the Ramp and Carriage Hill , respectively, which are necessary �for accommodation of the Wabasha Bridge ; pro- vided, that LDC may provide at its option and at its expense all such support structures as are necessary for accomrnodation of said Bridge . � � � �: / .� , . .� • V ��-�'�� ' ` -4- � .� , . � . �,� . � 3 . Said Wabasha Bridge sYiall include the necessary mechanical 0 � and electrical equipment for heating, ventilating and air condition- � ing ("HVAC") , lightin�; and roof drainage. The mechanical, electrical and roof drainage systems of said bridge shall be tied into the respective systems of the Ramp, whicti, systems shall be of sufficient capacity to serve said Bridge. -- 4. City wi11 include a provision in its contract for the con- struction of the Wabasha Bridges, whereby the contractor consents to the assi�nment of warranties to LDC and Victory, and City shall upon request assign such warranties to them upon approved contract completion, without relinquishing its own rights under such warran- ties , and, if necessary, City will cooperate and assist in any __ . prosecution of lawful and proper claims such owners may later assert . . . . . . against the contractor(s) or others arising frbm faulty design.or - - construction of the Wabasha Bridges . City will use its best efforts to insure that the design and" construction of the L�iabasha bridge and pedestrian concourse shall be in accordance with all applicable ordinances and state and local codes. BRIDGE COSTS - 5. City shall pay one-half of the total cost of the Wabasha Bridge which total cost shall include all construction costs , in- . . • � cluding the mechanical , electrical and roof drainage facilitie� and systems which are shown to be part of the ��Tabasha Bridge Con- struction Contract, together with architectural , design and engin- eering, and other associated costs . Such total costs shall not include a,�y costs for constructing, remodeling or reconstructing . � , � .� . � , � � ' . r . � ��._/�� , (�,, . . � . . , . � � -5- � `t; �-� rhe Ramp or Carriage Hill for concourse corridors or vertical access facilities at bridge ends , nor any costs for the provision of struc- tural support, mechanical � electrical or roof drainage facilities witl�in the Ramp or Carriage Hill. - : 6. Victory and LDC shall each pay one-fourth of the total cost of the Wabasha Bridge, which total cost shall include all ! construction costs , architectural , design and engineering fees, and other associated costs . Such one-fourth share shall not include nor be reduced by any costs for concourse corridors , vertical access . facilities , structural support within the �building at either end of the bridge or mechanical, electrical or roof drainage facilities , _ _ � within their respective buildings or the Ramp: - Victory and LDC - -- - shall each re?mburse the City for their respective shares of that - portion of the total bridge costs which are in excess of $200,000.00 within 45 days after presentation to them of invoices the=efor by Ci.t,y; provided, however, that the City shall not present to Victory or L-DC any invoice for the remainder of their share of the total bridge costs until such time as the construction of the skyway bridge _ connecting the Ramp and 345 Cedar has commenced and contracts for the completion thereof have been executed. The City shall take all reasonable steps to prevent the filing of liens arising out of the work performed pursuant to its bridge construction contract, and to satisfy or discharge in a timely manner such liens as may be filed in connection therewith. � � . , .. _ � ._..:. .,.�.. .. �:IIx,�.0 .�... .�:�.�;.�:w... .......�.. , __ _ __ _ _ __ _ , _ . , ..,:_ � _.. . _ ,._.._�;..,......:..::..�.a,...__.�.: . ._� , . , � .� . ' /° �r t� . - . ` �' �/_,-/-�l t � .� � ' o • �' -6- � - �_ 7 . It is agreed by the parties that this agreement is con- � ditioned upon the contribution of $200,000. 00 by the City of Saint Paul and $25 ,000. 00 by Eugene Rancon�, Yorktown Partnership, as the developer of the Amhoist Tower as and for a participation in the total cost of extending the linkage of, the skyway system from the Amhoist Tower in an easterly direction to the Saint Pau1 Athletic Club. Such funds shall first be expended for the total design and construction cost for the Wabasha Street Bridge, and �he remainder, if any, shall be allocated to reduce the share of Victor� for con- struction of the 345 Bridge and the portion of the pedestrian con- �. . course inc�luded in�.the 345 Bridge construction contract; provided, - - - __--- :.._ --.____ -- - however that the $25 ,000. 00 share of Rancone shall not be expended until such time as the construction of the skyway bridge connecting the Ramp and 345 Cedar has commenced and contracts for the completion thereof have been executed, and shall be allocated at that time to reduce the share of Victory for construction of the 345 Bridge. If - � - _ _ . _ such funds or an equal amount are not made available , this agreement ' .is null and void and unenforceable. � CONCOURSE CONSTRUCTION AND COST RESPONSIBILITIES . . � 8 . The City agrees to design and construct a pedestrian con- course through the Ramp in accQrdance with City-approved glans and specifications prepared for City by Hammel , Green and Abrahamson, which plans and specifications have been reviewed by Victory. Victory shall reimburse the City for 100°1, of all costs incurred � � . . ' �°G.��° -/.l'7 , - J � j. -7- o � �:;, � � in .or resulting fron said construction within 45 days after pre- ' sentation to it of invoices therefor by the City. .LDC shall at its expense provide and be responsible for vertical access facilities and pedestrian concourse areas at the first and second levels of - Carriage Hill in accordance with this Agreement and the General Policy Statement for the Construction of the Saint Paul Skyway System, , adopted January 8, 1980. The location and physical dimensians of said pedestrian concourse and vertical access facilities. shall b�e as described on Exhibit A attached hereto. Public easements as provided � herein shall be granted by Victory and LDC �so that such coneourse . wi.11 be available for use by the general public. _ . _ _ _ _ . � 9. All other costs for the constructioa`and completion�of � — - the pedestrian concours� areas within the Ramp or within Carriage Hill, except as otherwise specifically provided for herein, shall be borne respectively by Victory and LDC. 10. Victory and LDC shall have the right to review the bids received by the City for brid ge, structural support and pedestrian � cancourse construction; provided, however, that if, based upon the . lowest responsible bid for construction of said bridge, Victory's and LDC' s shares as estimated below would be increased by 20 per- cent or more , this Agreement and any others relating to the con- struction of said bridge and related pedestrian concourses are . l � __._'__.. .. ........._ ..... . .. . . ...._............_ ,s....:.........�.._............. . .........._,_..._-...:.....`:�......�.....:.rL.ar�.�.a,,........sw.u...ir� ' ' / . � . � . . C'!"l_�,C "/�� - . � � � � � .� . p ' -8- � c� voidable at the option of any party by� written notice to the other � parties within ten (10) days after the opening of bids, said notice to bar right of recovery by any part}� of any sums already expended in connection therewith. It is estimated that Victory' s and LDC' s shares of the total cost of the bridge, pedestrian concourse, structural supports , and all design and engineering costs will be $187 , 955 . 25 (Victory) , and $60, 976 .50 (LDC) , respectively, before any reductions as provided by section 7 herein. EASENENTS AND HOURS • � 11 . Victory, and LDC and Authori.ty hereby agree to grant ta . —� the City a� public� easernent for the pedestrian skyway system in Carriage Hill and in the Ramp , in accordance with Exhibit A � attached hereto. Said easements to be granted shall .be in the form and language attached hereto as Exhibit B and shall grant to the public the right o,f use of said pedestrian concourse and sky- way system through Carriage Hill and the Ramp for purposes of pedestrian ingress , egress and transit , except for such reasonable . police measures regarding open hours and closing all or part of the System 'through their property as the City may by ordinance , � �rcrn �i�e to time deterr.iine , or regarding public conduct therein as ::�ay be prohibited by skyway ordznznce , as it �ay be amended =ro� time to time . It is agreed by all parties that the skyway . brid�es herein and the new pedestrian concourses provided for in . � �� . . � � � � � - � X� -��7 � � . .� � . �i -9- � �#:� Carriage Hill and in the Ramp shall be open for public ingress , egress and t�ansit from 6 : 00 a.m. to 11: 00 p .m. , Monday through Saturday. These hours are subject to the general power of the City to prescribe the same or different system hours by ordinance. 12. The public easement through the Ramp shall be in accordance with Exhibit A herein and shall commence at the west- erly property line of the Ramp where the skysaay bridge over ' Wabasha Street to Carriage Hill� connects to the Ramp to the point of termination of the pedestrian concourse in aceor.dance with the plans and specifications , The public easement through Carriage Hill shall �be in accordance with Exhibit A herein and shall _ commence at the easterly_ property line of--Carriage Hill where the skyway bridge over Wabasha Street to the Ramp connects to Carriage Hill and shall extend in a westerly direction so as to connect in a continuous and unbroken path with� the easterly end of the skyway bridge to be� constructed or already constructed over St. � Peter .Street (which bridge will connect the Amhoist Tower with : � Carriage Hil�.) . _ 13 . The public easement provided for herein shall be con- � tinuously at least 12 feet in width, except at nodes , if any, � where it may be larger; or where stairways or the structural design of Carriage Hill or the Ramp is such that a width of 12 feet is impossible. Such easement shall include portions on both . . � l _ , , ' '• , , . .. / ��✓ A�j �/�/ � t V . � ' � 9 ' -10- C� , � ' . - first and second levels of said Carriage Hill and Ramp whe�re called for by Exhibit A and shall include any 'stairs , elevators , escalators , � and other verticai access areas as shown. 14. Said easement shall be mor� particularly described, at City expense, after and by survey of the completed pedestrian con- course public easement area by a r.egistered land surveyor. 15 . Victory, and LDC and Authority agree that the pedestrian concourse within the easement herein described and the adj acent access easements shall be designated as pub]�ic easements and that all ordinances of, the City applicable .to the System shal� govern. 16. The City hereby waives any right it may have to share in -- an award of damages� in the event that a public body acquires all or _ .__.. __ _ any part �of the aforesaid Ramp or Carriage Hill by condemnation or under the threat of condemnati.on. Said waiver applies ta the ease- . ment through Carriage Hill or Ramp property but not to the skyway bridge over Wabasha Street. � I7 . It is agreed by and between �he parties. hereto that the Wabasha Bridge shall at all times be owned by the City, and said Zlabasha Bridge shall not constitute property leased, loaned or . otherwise made available to second parties , or any one of them ' (within the meaning of Chapter 272 . 01(2) of Minnesota Statutes) , it being understood that said skyway bridge is intended to benefit the public generally . . I � . � .� � � . G`��-"-"��"�`�� m -il- � �� 18. Victory and LDC a�ree to maintain, repair and operate the electrical , drainage and HVAC facilities in and serving the skyway bridge over Wabasha Street at their sole cost and expense, and shall keep and maintain said �skyway bridge in repair and in safe condition for pedestrian travel , reasonably clean and free of litter and debris . 19 . Victor and LDC further a ree to rovide the necessaz ' Y g P y repair, operation and maintenance of the Wabasha Bridge and its integral parts at their sole expense , withaut cost •to the City. Such maintenance shall include, but not be. limited to , glass, floor, hardware and metal trim cleaning , polishing, repair and replacement; roof maintenance; _ repairiting; light- bulb--replacement and cleaning : of light fixtures and directional signs , if any. Except for those xepairs and replacements which are (1) routine, (2) the result of normal wear and tear, or (3) required by an emergency requiriag rapid action, the City shall be furnished with both preliminary � and final plans and specifications for all additions , alterations o� �.repairs and replacernents to the skyway bridges or support structures , which plans and specifications shall be subject to its reasonable and timely approval or disapproval before commencement of the work contemplated therein . Lack of action on either pre- liminary or final plans and specifications to approve or disapprove within 30 days shall be deemed approval . . ` � . _ 1 _ _ _. .,... _._ .. . _ ...... r _.. . ,..,. � . � ' • ' . ' ;n � ``�� " ��l . a � � � .� � � - -12- 20. Victory shall enter into a separate written agreement with the Authority, or with LDC on behalf of the Authority, for sharing the maintenance, operation and repair,1costs and responsibilities I for the Wabasha skyway bridge , its integral parts and related equip- ment . The parties may include in such agreements such additional provisions governing operation, maintenance or repair of the pedes- trian concourses within their properties , and the allocation of work and costs therefor, as may be agreeable to said parties . An ex- ecuted copy of the maintenanc�e agreements must be submitted ta the city. � . . 21. Victory and LDC hereby agree to provide all repairs and � . � , ,maintenance to maintain the pedestrian concourse within the Ramp - and .�vithin Carriage Hill, respectively, to a reasonable standard of safety and cleanliness and to ,provide operating costs for said pede$trian concourse. Except for those repairs and replacements which are (1) routine , � (2) the result of normal wear and tear, or (3) require�d by an emergency requiring rapid action, the City shall . be furnisned with both preliminary and final plans and specifications for all addit'ions , alterations or repairs and replacements' ta the . pedestrian concourse, which plans and specifications shall be sub- ject to the City' s reasonable and timely approval or disapproval before co�nencement of the work contempl.ated therein. - Lack of action � on either preliminary or final plans and specifications to. approve or disapprove within 30 days shall be deemed approval . - ) � � _ C;/- �'� �� . � -13- . � � ��:r � 22. If Victory and LDC fail to adequately maintain, repair (-6 � _ . • and operate the said skyway bridge to a reasonable standa=d of safe�y, or shall fail to undertake reasonable maintenance, oper- ation or =epair of the pedestriari concourse areas through the Ramp or Carriage Hill within 30 days after receipt by the affected � pa?-ty or parties of �,rritten demand from the City, the City may � undertake said reasonable and necessary maintenance, repair and � operating tasks , and the costs incurred by City for said main- tenance, repair and operation shall be assessed to and shal� be _ . paid forthwi.th by �the defaulting property owner(s) or their � sureties as� applicable; provided, however, that the City retains � � the righ� to assess such� costs against the_ party(ies) as a local improvement in the manner provided by law. 23. � The� skyway bridge� and pedestrian concourses which are the subject of this Agreement shall not be operated for the purpose of advertising the name of any product or business or any other commercial purposes other than for or on store fronts - in �t:±� gedestrian concourse, such store front signage shall not _ project out from the wall into the easement area except as sub- � ject to the reasonable approval of City before installation. � � Nothing herein contained shall prevent the installation and main- tenance of skyway directional sig�(s) and maps in pedestrian - concourses . All signage and locations for same shall be subject to review and approval by the City prior to sign construction and installation. / � l J _ _. . .. .. . .: ._.._.... �.,�. � �, • . � . � � � � � �,/- ,�� .,�7 . � . � � m • -14- _ (� . SURETY BOND�S AND INSURANCE . � 24. Victory and LDC shall together furnish and maintain a surety bond in the amount of $100, 00t�. 00 for the said Wabasha Bridge to and in favor of the City of Saint Paul, as obligee, as : long as said bridge or any part thereof shall be in the public �right-of-way, conditioned that said property owners shall indem- nify and hold harmless the City against a11 expenses and 7.iability on account of all costs , suits and judgments arising out � of or connected with the maintenance, operation and repair of the skyway bridges , their integral parts and related equipment, and, further _ ___ conditioned upon the property owners complying with all terms �and . . � . . � conditions expressed and contained in this Ag"reement as-�o main- tenance, operation and repair_ and/or removal. of the skyway bridge, : which su=ety bond shall be in� such form as shall be approved by the City Attorney. and shall have such surety as shall be approved by the Director of the Department of. Finance and Management Services for the Citq. Evidence that such bond remains in force and effect � shall be furnished to the City arinually upon request. 25. The City shall procure from the general contractor and � pravide to the parties upon request , documentation evidencing � that the general contractor is maintaining throug,hout the entixe period of construction and erection of the Wabasha Bridge , such insurance as set forth in the plans and specifications described I � . _ _. . ...�... : .. .� .�.,a..>,..,,.... �.._.�.,._,� -< ,.� . . �....,... ._. _� .v -�,..:;.�..:x:.__..... .m.... .__.:_:_.�....�-- _�.. , 3 • ' • , : � - " � . �� -%7� 1 � . � c6� -15- � �#:� in paragraph 1 . , herein, naming the abutting property owners to said bridge as additional insureds as requirec� �by said plans and s�ecifications , specifically in accordance with Section 4. - General Conditions and Section 6. - Special Conditions of the construction contract. - 26 . Insurance required by paragraph 28 hereunder for hazard � and liability for the skyway bridges shall be a maintenance cost � to be assumed by Victory and LDC, and shall be shared in accozdance with the separate agreement for the sharing of operating, -main- tenance and repair costs that Victory and LDC shall enter into as � provided herein. � - 27 . Insurance required hereunder for hazard and liability .,_-- � -- - for the areas designated as public easements for the pedestrian concourse and access facilities shall be a maintenance cost to be assumed by Victory and LDC for the portions located within the Ramp and Carriage Hill, respectively. 28 . Vic�ory and LDC shall furnish and maintain public liability and cas�alty insurance coverage for the skyway bridge; and Victory and LDC shall furnish liability insurance for the portions of the . � pedestrian concourses and access insurance faciiities within the Ramp and Carriage Hill , respectively, with a duly licensed insurance company, wherein the City and Authority shall be designated as additic�nal insureds , said insurance containing the following min- imum coverages : for property damage to the extent of $200,000. 0� 1� ' _._ . . . � . :��. �_.. .._�;,....,...�.s _.,._. - -- .._.....,..�..�.......�..�...�s:. :s...w.:....-v��..«,...:.......:+w�.�.�..s:...:-«;.an:.a-^ --- -�ww!:'�.,�w..r.ar�w�.-r.—u..�«..�.r:..tr.- W�._�...._..`.._. . �� • . ' . ./ � � � .� . � �� -/�� . .� � � . � ' , -16- in any single accident ; for personal injuries , including death, $500, �00. 00 for each occurrence. Such minimum amounts shall be subject� upon 60 days notice, to rea�bnable change by official action of the Council of the City of Saint Paul in the event - statutory municipal liability limits are altered by Zegislation or judicial decision at any time after the date hereof. The casualty insurance shall have an all-risk or physical loss cover- age in the amount of the full replacement cost of the Wabasha Bridge, as may reasonably be �determined by the City from time to � time. Evidence of insurance shall be furnished to the City annually upon request. . --- . . . , �� . - .__ . _ _._.. ;�_ _- - . _ --____ _ � DIRECTIONAL SIGNS 29. The location of directional signs that may be installed in the pedestrian concourses. herein shall be as generally showrx on Exhibit A. City shall pay the initial purchase cost of such sign and make them available to LDC and Victory. The cost of installation including mountino hardware (pendants , ceiling ' channel, and support above ceiling) , �and electrical connections , together wi�h the cost of operating, maintaining and repairing . . � the directional signs herein, shall be borne by LDC and Victory with respect to signs on their respective property. Ins�allation of directional signs shall be in accorda�ce with standard city details . If the location of the public pedestrian concourse • easement is changed, the aftected signs shall be removed accor- dingly, and the cost of moving and reinstallin�, signs to a new � 1� _ _. . _. ,.. ..,.__..M�...... , �.._.� . , _... _ �:........,�.,. ....a..�....�...,. �..., ,.....�.�..�.._. ..��_..._. __..��.�...,.w.� � . �%�� -��- , � �� . � ��,i: � � easement area shall be borne by the respective paf"ties on whose � property such signs are located. If the sign. moving, pursuant to• - a change in location of the easement requires a change in the sign face � this shall be done at the property owner' s expense and consistent with the graphic standard previously established for = Skyway System signs . , BINDING OBI,IGATIONS r 30. The parties agree that. in the construction, maintenance, repair and operation of the pedestrian concourses , they �shall be bound by all e�ty •codes and ordinances governing the System in- � sofar as applicable. ' + . 31 . The respective. rights and obligations of the parties set forth in this Agreement shall be binding upon and inure to the benefit of the respective parties , their successors and assigns, . and shall. continue in force unti.l such time as said System or that part herein is vacated and abandoned in �the manner permitted by law, or terminated ' in accordance with the Grant of Easement . � . 32. It is understood that this Agreement does not govern the relationships and agreements by and between Victory and LDC, them- • � selves to each �other, other than the requirements of paragraph 20. , 2bove . It is further understood that the Authority as fee owner consents to the construction, operation, maintenance and repair of� the Wabasha Bridge , and of the pe�#estrian concourse area within Carriage Hill by LDC and any respective • tenants of the Authority and their successors and assigns , . 1��1 _ _ _ _ _ .. .: ..... ,.. _ _. ._. . .-- � _ _. _..,_.. . ,. . W. ......�.�,.,..�....1._.;_.a.u.��., ._. � - • � � ` //yr`" G� —�� . �� _ O �n ' , -1$- � and further consents to the making of covenants running with the land concerning such concourses and skyway bridge , but Authority does not obligate itself under this .�kyway Agreement except as - provided in Paragraphs 11 , 12 , 13 , 14 and- 15 ; provided, howeuer, - that the Authority' s successors and assigns , and Authority' s tenants who are parties to this agreement and their successors and assigns , shall be responsible for and assume (1) the agree- ments and obligations of the Authority in Paragraphs 11, 12, I3 , 14 and 15 if and to the extent not completed or dis.charged, and (2) all the agreements and obligations inposed upon Authority's tenants who are parties to this a�;reement. Authority undertakes �_ � � �. ' � and agrees that it will obli�ate--its successors and assigns , by =- - appropriate and contractual provisions in any transfer of its interests in Carriage Hill to. perform the agreements and obliga- � tions imposed by this Agreement. 33. This Agreement shall survive conveyance and delivery of the Grant 'of Easement provided for herein, and shall not be con- . sidered merged therein. The �parties .hereto consent to the recording of this A�r.eement against the properties affected and burdened � thereby by the City. • - • 34.. The property owners herein reserve unto themselves the unconditional right and privilege of selling, conveying and trans- ferring their abutting and/or encumbered or involved real estate or interests herein and assigning and transferring this Agreeznent �D _ . _ . .._ . . _.._ r_ ..��,.w,.:�.:_,. _. . .. ..�, w ,._..�� .... ..�.., .� .. ._..._�.�_:� � �� t� • ' � • /.� . (r, '/�� C� � � � 4 �� -19- � � ��t:;,, to any other corporation, trust, trusts , individual(s) partner- ships or other forms of ven'ture. In the even�t of transfer of any property owner ' s interest in the property, the owner (seller) may be freed and relieved, from and after the date of such transfer , _ of alI liability as respects the performance of any covenants or obligations on the part of the owner (seller) contained in this � Agreem�nt thereafter to be performed; provided that owner' s r successor fully and without limitation assumes in writing all duties , responsibilities and covenants of the owner, (seller) under this Agreement. 35. Seven (7) days after the issuance of the written � Notice of Fina1 Inspection of the Wabasha -Bridge by the City,. and its furnishing to Victory and LDC, the obligations and duties contained in paragraphs 18, � 19, 22, 23 , 24 and 28 , herein above, as to said skyway bridge, shall become �operative. 36. Seven (7) 'days after substantial completion of the pedestrian concourses in C�arriage Hill and the Ramp, the obliga- � tions and �ut�es �contained in paragraphs 11, 21 , 22, 23 and 28, herein above , as to said pedestrian concourses , shall becarne ' operative and binding upon LDC and Victory, respectively. 37 . An.y notice to the parties hereunder shall be considered sufficiently delivered if mailed , by certified mail , return �` . . __ _ _ . , .: :._.;._ �.... . n � � � � � 7 ' �� i � � . � . . � � a �' . -20- � � . receipt requested, postage grepaid, as follows : a) To : City of Saint Paul � Donald Nygaard, Director Department , f Public Works 6th Floor, '�ity Ha1Z Annex 25 West Fourth Street St. Paul , Minnesota 55102 � - and Deputy Director for Development PED/City of . Saint Paul, Minnesota 12th Floor , City Hall Annex 25 West Fourth Street St. Paul, Minnesota 55102 � an d City of Saint Paul - - Peter Hames , Director __. � � . Dep�artment of Finance and - � . _. ' __ . . " �.� Management Services_ � - ____. _- - - Room 234, City Hall � � . . � St. Paul , Minnesota 55102 b) To: Victory � Mr. Loren G. Gel.ler Victory Auto Park, Inc. 344 Wabasha Street St. Paul, Minnesota 55101 � and . . Winthrop, Weinstine & Sexton � 1800 Conwed Tower . • 444 Cedar Street St. Paul, Minnesota 55101 . , , - c) To : . LDC Mr. Hartland tJ. Deering Lowry Development Company 350 St . Peter Street - St . Paul , Minnesota 55102 �� ._._ ...,_ �. . , . .,a.....: .,.._ ..�.... _�._.� ,,.:j w . wm..... � ...:.:.._.,..:..,..�,.�.:..w.� ....�.�- ....r......�..,.�.� ....o.,._.�. . �� . � - �i-- �� - i�7 a . . � �� -21- �.� d) To: Port Authority of. _the . . City of St . Paul ' 25 West Fourth Street Suite 1305 � St. Paul , Minnesota • 55102 A party may, by written notice , designate a different address to which notices to it shall be directed. � : SAVINGS CLAUSE r 38. Nothing contained in this Agreement shall be construed to amend, alter or modify in any way, any of the provisions or obligations contained or imposed by the General Policy Statement for the Construction of the Saint Paul Skyway Syst�em, which is � incorporated by referenc�e herein, excevt insofar �s this Agree- ment is in direct conflict and inconsistent with said General Policy Statement, in which case this Agreement sha11 supercede _ and be controlling. . . �� 9 � _ _ _ _ __ _ , r. � � . .. _ . �r .A�� '-�r.�� / . � -� � G . �� M ' , � -22- . APPROVED AS TO FORM CITY OF ,SAINT PAUL � � -,�� -�3 By �� .� � i�-�� . � Its Mayor �. � By - Its (D rector ;.� De rtment o � Pl�nn ng and nomic Development By . . � Its irector, epartment o inance . and Management Services �? B . . . . . . . . . . . y . Its ity Clerk ,_ � �- . . . . �� _ . , . . _ �,r- ��i -ia_ ; -23- .� � � � STATE OF MINNESOTA ) t+� COUI�TTY OF RAMSEY ) SS . ��:'' � The foregoin instrunent was k °� • ef ine this �:�: day. of , 1983 , by �Niayor f the CITY OF SAIN , a municipal corporation of the State of Minnesota, ore behalf of the City of Saint Paul . � � LEE�MMN TIfP,C��"� 2 . r` M�TARY ±�-� PUBLIC—h�;' ^t_ ' �ni RA�OSEY COUh:Y I ! } c 2 6h'f.omnl.Expires Jurw 11,1�;;1 � M � STATE OF MINNESOTA ) ) SS . * COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this �a� day of , 1953 , by JAMES SELLUS, Director �of Planning and Economic eve .opment for the CITY OF SAINT PAUL•, a municipal corporation of the State of Minnesota, on behalf of the City of Sa�n�P��i��;nn,xn�.�,,:knn,Annn.�N►x ' . . . "=' 1qp�["Z�'FU.:,�I';—�'.!:<ivc:^vTl� � \ �� ^ ` '��-.._ Fti.:S��L'CUt:eY � � : W1Y COmm.E�irES APrI 12.15fl8� '�• ; __-.--- _ �eVW1�R �tv��dVNVVV .. _ _.r.-.-- . -- - STATE OF MINNESOTA ) � ) SS. � COUNTY QF RAMSEY ) . The for.e oing 'nst ent was acknowledged before me this �;'-�--" . day of rn � �� , 1983, by PETER G. HAMES , Director�the Department o inahce an Management Services for �he CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota. on behalf o� �'aul . , 1: -"`:':. 8G.?EA.�tA 1. ZUSAN �;';`��'' r�,='�-,��':o!!c–M�ra�oTn ` �� r`•,��i�.i� ' �:I:iw=f C7Un�TY f.�Q./�J QiV�1"� � .f,;Y Cd':4A�.�.':FiRES.MAY 3, 1990 /' . , • ttvvvWwvWV . * STATE OF MINNESOTA ) _ ) SS . COUNTY OF R.AMSEY )� - �� The regoing instrument was acknowledged before me this /3� day of , 1983 � by ALBERT B. OLSON, City Cler�— the CIT A , a municipal corporation of the State of . Minnesota, on behalf of the City of Saint Paul . • � • . MICHAEL H.SlRIAN � ��i�� NOTARV Ptl9UC—:UINNESOT:� . , /l�� j� RAtdSEy COUN7Y My Comm.ExDKOS Mril 12,l923 `� � : a..., , ' • �n . . / . /'��- /�� V L : r ' . . �� 0 ('n -•2 4- � ESTATE OF JACK N. GELLER ,. By First Trust any f S 'nt P�.ul . .' B , . !� Its Vice Preside * And �/ Its A�sistant Sec �tary By- j,��----- Sherman Winthrop PERSONAL REPRESENTATIVES STATE OF MINNESOTA ) ) ss. . . COUNTY OF Ramsey ) . Thi,s instrument was acknowledged before me this 28th day of — October, 1983 . .;� by -.W. G. Kochsiek. Vice Fresident ___ and � ,. G. L. Barthel, Assistant Secretar� , of First Trust Company of Saint Paul, Qersonal representatives of The Estate of Jack- N. Geller, - for• and on behalf ot said Estate: �� ; ' ota P � ' "�+�a�araa,aar►a.aa�►x '^°"' MARY K,AY UNRUH > � � �.�, �;t �� =' :; hCTARY FUBUC• MINNESOTA � - � ��'F UAKOTA COUNTY '��MY Commission Expires Feb. 17. 1988 � . . � v�r'brve/tl'WX . STATE OF MINNESOTA ) ) ss. . _ COIINTY OF � ) � � � . TYy�s •,i�}strument was acknowledged before me this �_ day of (�1 -h,.�,.� ` , by Sl�erman Winthrop, personal representative • of The Estate of Jack N. Geller, for and on behalf of said Estate. ot y Publ i r,�,,�,�,��wln�ru�,�wt�,,ti,, •�I I�� T�} f1tA�V V M,l'•'J^y,•••^:�' • . . . . r � i fi�lliAS�YJ.i i/ .�T . � . . ._;..,r_.3 L ' N�'71.hY?Uc4�LIC- - .. . ' . a`�.'y..Iu• ��JJ�T��1'��1, �..� ... . � . ..; • . : r,��cc�;r�.�t�ES ,_... Z: _ ,. ,....:._ . r�...,�tiv�.ti� " - �M/1PJyVM�/VyVy�!:'r`.:v,...�:v: �� , � . . . ``� ��, /✓�? �, , . � . 4 m � `�:� LOWRY DEVELCPMENT COMPANY • By � A Par • STATE OF MINNESOTA ) � ) ss. COUNTY OF RAMSEY ) * On this � day of �/�(��y,,Ge.�� , 1983, before me a Notary Public within and for said County, appeared �G�� to me personally known, who, being by me duly sworn,. did say that he is a general partner of LOWRY DEVELOPMENT COMPANY, a Minnesota general partnership, and said /QI�-�G'�e-c.7 c . acknowledged that he executed said instrument for and on behalf of said partnership. ..+�r- , � �,r—.� SUSAN M. MISHLEf7 � • t � N07ARY PUBLIG-MINNE_�'` ��J '`� �� RAMSEY COUNT�, Notary Public My My Commiesion ExpirerNov.�•. - � AM.�w�•..... ' . . � '. � � . . ' � . . . . . �� .. y ! � � / . _...__-___�__.____�� • . ' -"'� _. . ��/ V� �/�`/ • � • J I' � � ._2b- � � � PORT AUTHORITY OF THE C ITY OF SAINT. PA ,1 . sy - .�.�, - zt . �y � - t STATE OF MINNESOTA ) � , , ) SS . . � COUNTY OF RAMSEY ) - � __ � On this o�.p . day of L�-� , 1983 , before me, � - a Notary Public within and for - said County, appeared;�. LrJ . - - �G�►�.-G1u and G��2�c�,v� �'7 . .� , to me personally known, who, being each by me duly sworn, did say- � that they are respectively the � � � and � of the PORT AUTHORITY OF THE CITY OF - ----a -�--- - SAINT PAUL; a Minnesota body po�itic and corporate, that said - instr;iment was signed by authority of� its Board of Commissioners , being the free act and deed of said public body. � .. rw - � . . _ • /. �;:; .lt1VEL M. OLSON , �„� Ya, � ��,,,r <!r!��r` kOTAH/PUBUC-MINIJESOTA 0�� `=��t`�� rdr,SHI��GTON COUNTY � My Comm�saron Enpres Sept.16,1g86 � � a �. ' � . • """'� � "' /l�r �� a�� : . t� , � � .. �� t T � � � I��ii `�. + ' ' � ',�5� "CARRIAGE HILL PLAZA° E � � 1� - • i �` � !�' '� ...... . ; 41 , E , :��:��:..L O1JRY 6 LDG � - r , CITY HALL - � ANNEX LOWRY GARAGE • � � � � � . t �` � . � ��:�' • . i . ��`` i . ; �:::.:::::::.:: . .:....:...... ....................... .......................... .......................... . -- _ ._........................ ::::::.:;r:::::::::::.:s;::. . - ..... .....::. .... .... _ ___. _ _ ........�,..:.:::.: _ _ � . � , LOWRY SQUARE ' ST PAU� SLDG i � � . ; .:�, - t :::: w�.... , . :�:'.S ti• . . � ':5�:1:• . . . � •'ti�::• . . . . � • � � �:�:;i:!;� � . ' . . . . � �Wabasha Street � ::ti::: . .� i EXHiBIT "A° S kyway Level � ;;�; �� .�>;: easanent � bridge r��';:; ECONf1�1IC� ,- � - -• -- — -- - ---- ------- • � . ., � . �� (SAMPLE) � �GRANT OF EASEMENT � n� . t� a WHEREAS, the PORT AUTHORITY OF THE CITY OF SAINT PAUL, a body � politic and corporate, and the LOWRY DEVELOPMENT COMPANY, a Minnesota � corporation, which are hereinafter called "Grantor" , are the owner in fee and tenant of that certain land s�tuated in the City of Saint Paul, County of Ramsey, State .of Minnesota, more particularly described in Exhibit l attached hereto, hereinafter called "Grantor' s Property"; and ' - WHEREAS, Grantor has agreed pursuant to that Skyway Agreement dated � � � ; 19 � , by and between the City o a�.nt au an t e Gra�tor erein, to grant to the City of Saint Paul a public easement for a second floor level pedestrian - way, also described as the Skyway Bridge and Pedestrian Concourse System, through Grantor' s Property. NOW, THEREFORE� in pursuance of that Agreement, and in consid- eration of the sum of ONE D�LLAR ($1. 00) and other valuable consid- eration, the receipt and sufficiency whereof is hereby acknowledged, Grantor , for itself and its successors and assigns , does hereby grant unto the CITY OF SAIN�=.PAUL, a Minnesota municipal corporation, --- � an easemenf for public pedestrian transit in, through and ove= that � -. part of the -Grantor' s Propertq and the structures thereon,. described -=-- - as follows : � aIl of which above described areas shall be collectively referred to as the ':easement" . � . EXHIBIT B � � D _ _. .. ..<..,t.. . .,.�..:.:�...,�,..;�,,t,,.,...�.,..�..�._� � _ .� _.._.._.�_._..a�. �._....�.�,..__�...�.�..�..._...�:.;:�.�,:�.--, __. _ .__ _.__ _. � ,_...>>.�_y •• .. , , . " � j - �� .�`� � . -2- a a �� Public use of the easement area is expressl�r;, herein made subject to such reasonable police measures regarding open hours and closing any part or all of the easement within, on or over Grantor ' s Praperty during non-business hours and regarding publ�c conduct within the System, as the City of Saint Paul may, by ordinance , from time to time determine. The public' s right herein to ingress and egress and pedestrian transit in and through the easement granted to the City herein shall . be and hereby is made subject to such reasonable measures regarding open hours and temporarily closing part(s) ar all of the easement within or on Grantor' s Property as to City of Saint Paul may, by Agreement with Grantor or its successors or assigns , from time to time, determine. This provision shall not diminish the City' s right ' to, from time to time , exercise its police powers unilaterally, concerning hours open for public use , or temporarily closing part{s) or all of the easement to the public , or concerning public conduct within the System, nor shall s�uch agreed or legislated ho�rs in any manner restrict City' s easement interest, but shall affect only the public' s rights to ingress and egress and pedestrian transit in the City' s easement during the hours .so agreed .or legislated. The grant of easement herein shall be subject to the right of the Grantor to change the location of the easement conditioned upon - the grant of a new easement which shall perm'rt--the continuity of the-- - System, and , on the further condition that the new easement area shall be installed at the sole cost and expense of the Grantor, and, on the further condition that no change in the easement Iocation shall be made without the approval of the City of Saint Paul , such approval not be unreasonably withheld, and, on the further condition that said new easement shall be surveped and described by a regis- tered land susveyor. at the expense of the Grantor. Lack of approval or disapproval of the request for a change af location of easement by Grantor within ninety (90) days following the d'ate on which re- quest for such change together with plans and specifications there- . for .are submitted to the City shall be deemed approval. • -Notwithstanding anything to the eontrary herein, the easement , given. shall be limite� to the life of the improvements coristituting . •the System and. shall terminate upon the happening of either of the following events : � A. In the event the easement granted herein is vacated, abandoned or discontinued in the manner required by law. � � B. In the event the building(s) , in, upon or over which the easement is located shall be substantially destroyed or demolished and such building(s) shall not be repaired ' or reconstructed; Provided, however , that in the event such building(s) be reconstructed or replaced, Grantor, � 31 , �' � / _ �� ' (.%_ ,��'� -l�� n -3- � � � � - a • . . ('� . �ts successors and assigns agree that , without � further consideration, a substitute easement of substantially equal convenience, area and general configuration shall be given. • In the event the . easement or any portion thereof is relocated, � vacated or terminated under the provisions hereof, City shall furnish a releas.� of such easement or portion thereof, to Grantorl, its successors or assigns . � ' : - r Grantor, for itself, its successors and assigns , does hereby agree that for and during the life. of said easement, Grantor , or its designee by separate agreement, shall 'be responsible for and/or pro- vide for the cost of all repairs , improvements and replacements of the public way, the Wabasha Bridge and Fedestrian Concourse System as it passes through its building or on or over its land as described herein, it being understood that the aforesaid covenant shall run with the land; provided, however , that notwithstanding anything in this Grant of Easement, the P�ort Authority shall not be obligated by this Grant of Easement in any respect additional, to or incon- sistent with paragraph 32 of the said Skyway Agreement. Grantor reserves unto itself , its successors and assigns , the _-. unconditiorial righ't� and p�ivilege of selling, conveying and trans- � ferring- the Property described. above or any _interest therein. In ___ _ the event of transfer of the Grantor' s interest in the property , the •Grantor (seller) transferor rnay be freed and relieved, from and after the date of such transfer, of all liability as respects the performance of any covenants or obZigations on the part of the Grantor (seller) contained in the Agreement �which are thereafter to be performed; provided that the transferee fully and without li�r�itation assumes in writing all duties , responsibilities and covenants of the Grantor hereunder. � TO HAVE AND TO HOLD said 'easement for a public way or Skyway Bridge and Pedestrian Concourse System, together with all rights of ingress and egress appertaining thereto until� the System is vacated or abandoned in the manner required by law, or terminated in accordanCe herewith. �� IN WITNESS WfiEREOF, Grantor has hereunto set its hand this . ' � day of , 19 . � d� ,., �_�_�w...�.,..o.�}_ r,� .. � � � ,�r7 ;� � . ±n1 �-. _ '' �1 �� a �` �'` ;� , � _ � ` •�1� � � . � � r � , t � � ' N � �1 � .. ' � �-c � W � � � � .. �� ; �� , . , � . �' � E � �� ' G'1 � o � , , � � �- �- _ - _� � � �' � ' �t�\ � �`-, ... � �n� � ' V � Y— _� �.._...---- _,..._.,..,_.._.____...t...._.`.�._._.___..._ , � � �!J c� � � � ` — i�',/-�/.�J CITY OF SAINT PAUL ';,..M. UFP'ICE OF THE CITY COUNCIL � f��i��\tM � .l,�/�r�M . . D O f 2 : �anuary 2 7, 1986 COMM (TTEE RE PORT TO = SQint PQU i City Councit . F�� M � C o rn m ir t e e O h ��Y Deve t opment anct TransPortat i on CHAIR w� � � �am �. Wi lson , 1 . F�esolution ciirecting the City Clerk to accept and keep on fiie Skyway Agreement, dated March 10, 1978, between the Port Authority, the City, L.owry Oeveiopment, Yorktown Investment, St. Pau1 Hotel , et al , for a skyway bricige over St. Peter St. fCommittee recommends approval ) 2. Resolution directing ttte City CierK ta ' accept and - -- ----- keep on -f a 1 e a Skyway Agreemerrt�;--- dated Octob�r 28, -� - 1983, between the Port Authority, City of St. Paul , Lowry Development Co. , et al . .,fqr the Victory R�/Cgrriage Hili skyway. (Committe� �re��encis �Pqrpval ) 3. Resolution authorizing permit parking on Reaney Avenue and Weide Street between 3M and Stroh's Brewery. (Committee recommends approval ) � L��I-i- SEVENTH FLOOR , SAINT PAUL,MINTVESOTA SS102 'n�.,•