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85-1532 WHITE - CITV CLERK PINK - FINANCE G I TY OF SA I NT PAU L Council y/f�`�,/ `J CANqRV - DEPARTMENT � Flle NO• "y I'v�� BLUE � - MAVOR City Attny/PBB Cou 'l Resolution Presented By . � ' Referred To Committee: Date Out of Committee By Date RESOLVED, by the Council of the City of Saint Paul , that the City Clerk is directed to accept and keep on file that certain Pedestrian Concourse Agreement , dated July 1 , 1980, between the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota; the City of Saint Paul ; Northerly Centre Corporation; Oxford Development Minnesota, Inc. ; St. Paul Joint Venture; and Garlson Companies , Inc . , attached hereto, which Agreement contains covenants and obligations touching and concerning the following described property in tl�e City of Saint Paul : Lots 1 , 2 , 5 , 7 , 8 and 12 , H.L. Carver' s Subdivision of Lots 5 , 6 , 7 and 8 , Block 10, City of St. Paul (St. Paul Proper) ; Lots 1, 2, 4 and 9, Block 10, City of Saint Paul (S:t. Paul Proper) ; and Lots 7 and 8 , Langevin' s Subdivision of Lots 10, 11 and 12, Block 10, City of Saint Paul (St. Paul Proper) , and Lots 4, 5 , 8 and 9, Block 5 , City of Saint Paul (St. Paul Proper) ; Tract B, R.L.S . 320; and Lots 9 through 11, Block 20 , Roberts and Randalls Addition to the City of Saint Paul , together with those portions of vacated East Seventh Place (formerly East Seventh Street) accruing thereto; and be it FURTHER RESOLVED, that the City Clerk is authorized and directed to file a certified copy of this Resolution (with attachment) in the Office of the Count Recorder, Ramsey County. COUNCILMEN Requested by Department of: Yeas p�� Nays / Masanz `� In Favor Nicosia r9ehsibol Sonnen � A gainst BY Tedesco W i Ison Adopted by Council: Date N�V � 9 1985 Form Approved by City Attorney Certified a•se Counci . c ar BY �� By � � A►ppr v by iNavor. t �°��'�'� � 1 ��'�J Approved by Mayor for Submission to Council By BY �UBU�r�� ;;�''� � � 1985 `' �l ♦ ,i .. � �� J 7►° _ -� L- � • � M � � C� C'� C�Y STATE OF MII�tIvES OTA ) County of Ramsey 1 ss. CITY OF SAINT P9UZ ) Albert B. Olson I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .City Clerk of th.e City of Saint Pau1, M'znnesota, do nereby certify that I have compar�d the attacred copy of Gouncil File No. . 85,-1532„ _ , , , , , , , , as adopred by the City Cotincil. , , , November. l9:. . , . . . . . � . . 1�85� . . and �.pprovecl by the Mayor. . . � . , , , , November. 21.. . ' . . . . . . . , 1985, . . . with the original ttiereof on file in my ofrice. I further certify that szid copy is a true and correct capy of sai3 original a.3 t«E whcle �hereof. kTITNESS my hand and the seal of the City of Sair.t Paul, Mir.nesc,ta this . . . , , ?3rd . . . . day of , , , , , December. . . . ,A.U. 19.85. � � � � . . . . . . :�:�-:��;:�. . . .°�:. . ��-;�-::�:f. . . . City Clerk. �--� ,-:.. ,�� yw R 4 '��+ . �, �'�• Ys�y s iv}�.� � .� �'O.P� +f ,, � �'. 1 + ,,�A �� 'T �.trv.r� T yS 4'` . 1 '_`� �, A Y� t', F``„� �`,'.� *° r �� . . : � � � � :. � l.y � � k 1 � � � h� ^�. E ��;�'+,�'� A`t� 1 _ . -...f f i�+ � �:,�.%✓ . . ' �* �k .., �"i�l: �<' - (� Lt -p i�, t1 r / ;(" , - il ��_t�:h �i?f�fi�L�#,:,..�tli,q`-f7�?{� �.fS�Q�� . PiNK - FINqNCE .GITY OF SAINT� PALTL Council (//� r1 � � CANARV - DEPARTMENT � , Flle NO. "��_/�� 8lU£ - MAVOR , �1 ty I'�ttny/PBB �,ou 'l Resolution Presented By • C� � Referred To Committee: Date Out of Committee By Date RESOLVED, by the Council of the City of Saint Paul , that the City Clerk is directed to accept and keep on file that certain Pedestrian Concourse Agreement, dated July 1, 1980, bet�aeen the ,r,� Housing and Redevelopment Authority of the City of Saint Paul, �� Minnesota; the City of Saint Paul; Northerly Centre Corporation; � O�ford Development Minnesota, Inc. ; St. Paul Joint Venture; and C'� Carlson Companies, Inc. , attached hereto, which Agreement contains � covenants and obligations touching and concerning the following e'"3 described property in the City of Saint Paul: � Lots 1, 2, 5 , 7 , 8 and 12, H.L. Carver' s ,Subdivision of Lots 5 , 6 , 7 and 8 , Block f`10, City of St. Paul (St. ;Paul Proper) ; j��Lots 1, 2,. 4 and 9, Block 10, City of Saint Paul (St. Paul Proper) ; and Lots 7 and 8, La�n.gevin' s Subdivision of Lots 10, 11 and 12 , Block 7�,0, City of Saint Paul (St. Paul Proper) , �`� and ,. � �`�� I _ _ ...: - ---_ ��_ Lots 4, 5 , 8' and 9, Block 5 , City of Saint �' � .Paul (St.�Pau� Prop r) ; Tract B, R.L.S. 320; �" and Lots 9 through �1, Block 20, Roberts and Randalls Addition to the Ci�y of Saint Paul , together with those portions of vacated East Seventh Place (formerly East Seventh Street) accruing thereto; and be it FURTHER RESOLVED, that the City Clerk is authorized and directed to file a certified copy of this Resolution (with attachment) in the Office of the Count Recorder, Ramsey County. COUNCILMEN Requested by Depactment of: Yeas p�� Nays � Masanz In Favor Nicosia r9theia�at Sonnen D Against BY Tedesco Wiison • ��V , g jg�� Form Approved by City Attorney Adopted by Council: Date . , Certified a•se y Counci ,ecc ar By �� t/ '8 B;; ,,,,.�„ ^ :?�: � `'�� A roved b Ma or for Submission to Council Appr ve by iNavor: dat � j t� :.� PP Y Y �` By , By J ��°�L��:�� ,�.,�•, � � �g�5 2 s o �^ w r� c'� o � C.� o�, .-"��= �, � a z .� -� � � � � � � �' � � °� � � � �� D�� o r � � D � C � r � 0 w �� , � � � w N �n � � � w r� N � c-h M (D C�p� f�D � • fL r�t v�i a n � :� �,' �. a 3 c+ N• f] �. � � � (D f� fn O � n rtn N � N N n n � � N Z � � � -i R� N ►'� � C�] c�t N m �.� � w � �' � -.. ;�;:,,'_. m � � �, A U� N '`� � �a . „ f-+ t.0 ��. � �,.. ,�..' (l� . 'y'I r (D • . �p j y i �I � � �Ltrc� December 23, , lg 85 CITY OF ST. PAUL � 386 CITY HALL ' � ' Number Instrument Descri tion � Fees Reso. 85-1532 Pedestrian concourse agreement, in area of Cedar, Minnesota, Sixth & Eighth Sts. l`J' �� t J ��/ f � � � Contact Person Trudy � RAMSEY COUNTY RECQRDER Phone Number 4231 By l,ll Y ur ar�liv,. i L14L � - � . / � � Albert B. Olson � �� I. .. . . . .. . . .. . . . . .. . . . . . . ..... .... ..City Clerk of the `t �..,` � � � J�, �, �City of Saint Paul, Minnesota, do hereby certifp that I have � � � compared the attached copy of Council File No..85=1532.. , . ,, , , .,, \ � as adopted by the City Council. .. , November. l9.. . .._ . . . , . . i985.. , . � �v � �"' and approved by the Mayor. . . . , , . November. 21, . ... ._ . _ . . 1�85 .. . 1�, �� . . . .. . . . Aj � with the original thereof.on file in my office. � �� I further certify that said copy is a true and correct copy �.r of said original and the whole thereof. � � WITNESS my hand and the seal of the City of Saint Paul, Minnesota this . . . . . ?3rd . _ „ day of , . . . .��ber. . . . .A.D. 19.85. . . . . . . t. .�:�'�/�t :�. . �:j . .�.'�-��-:�:::./.. .. City Glerk. _--J � � _,��':� a�,�_:: .. < ,:• .. . . � �� ~ � � ��,s--�i��= � A G R E E M E N T THIS AGREEMENT, made and entered into this l� day of (� � lg�, by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a Minnesota public body corporate and politic, hereinafter `� referred to as the "HRA" , the CITY OF SAZNT PAUL, a municipal � cor oration, hereinafter referred to as the "City", NORTHERLY � P r . C� CENTRE CC3RPORATION, a Minnesota corporation, hereina ter referred to as "Northerly" . OXFORD DEVELOPMENT MINNESOTA, INC. , a Minnesota corporation, hereinafter referred to as "Oxford" , ST. PAUL JOINT VENTU�E, a Minnesota partnership consisting of Capital Hospitality Corporation� a Minnesota carporation, as a general partner , and SPH Hotel Coinpany, a Minnesota � corporation, as a general partner , hereinafter referred to as "Venture" , and CARLSON COMPANIES, INC. , a Minnesota " - - co.rporation, hereinafter referred to as "Carlson" . � WITNESSETH: , WHEREAS, the City and the HR.A, through the Downtown U�rban Renewal Project, Minn. R-20, undertook to develop a pedestrian skyway system within the Downtown Central Business District, nereinafter xeferred to as the "System" ; and . � WHEREAS, the City, pursuant to Chapter 764, • Laws of Minnesota �l973, is authorized to operate the Sys�em; and WHEREAS, Northerly owns a parking ramp and skyway structure located on a portion of that block bounded by Fifth, Sixth, i ,��•. . � � � , ,, , � . ' . C`�= �.�-/��^ : ' Cedar and Minnesota Streets in the City of Saint Patll� � hereinafter called "Northerly Building" , as shown in Exhibit ; B-l ; and ; H'HEREAS, upon the blocks bounded by Cedaz , Minnesota, Sixth ; ; � and Eighth Streets, a multi-use office, commercial, retail, � � arking and hotel development is taking place, which shall ' � p . �? � �� hereinafter be referred to as "Town Square° ; and ; � ursuant to that certain Contract For Sale of Land ' WHEREAS, p by and between HRA and Venture dated November l, 1977 which contract is recorded in the Office of the Ramsey County - Recorder as Document No. 1995189 , Ver�ure is the owner of Parcels A-2 and A-4 as described therein located within Town Square; and � WHEREAS, pursuant to that certain Contract For Sale of Land by and--among Oxford Properties U.S. LTD. , HRA and City dated _ August 26, 1977 which contract is referenced in those deeds , filed in the Office of the Ramsey County Recorder as Document Nos. 1995800, 1995801 and 2036809 , Oxford is the owner of Parcel A-3, vacated East Seventh Place and Parcel 27 as - described therein located within Town Square; and WHEREAS, pursuant to a certain Master Develapment Agreement dated August 11, 1979 by and among .Venture, Oxford and Carlson and the Short Form Master Development Agreement dated March 29, 1979 and recorAed with the Ramsey County Recorder ' s Office as Document No. 2036810 , Venture has authorized Oxford , and �xford ��.. has undertaken exclusively for and in place of Venture the � obligations of Venture as redeveloper of said Parcel A-4 -2- � / �- � � ��- �s=,�.�1-- � ' e the granting of all necessary public easements for including the System through said Parcel A-4 ; and H'HEREAS, pursuant to said Master Development Agreement, Carlson will become owner of the structure to be built on Parcel A-4 , and Oxford will become owner of Parcel A-4, and � Oxiord is to lease Parcel A-4 to Carlson and lease the � C`'� structure to be built on Parcel A-4 from Carlson and to . � � �`� sublease Parcel A-4 from Carlson; and � WHEREAS, Venture and its successors and assigns who shall hereafter acquire any title, interest or estate in and to Parcel A-4 or any part thereof (including Oxford and Carlson) are hereinafter colle�tively referred to as "Owner A-4" ; and WFiEREAS, Venture and its successors and assigns who shall hereafter acquire any title, interest or estate in and to � Parcel A-2 or any part thereof are hereinafter collectively referred to as "Owner A-2" ; and � WiiEREAS, Oxford and its successors and assigns who shall hereafter acquire any title, interest or estate� in and to Parcel A-3, vacated East Seventh Place and Parcel 27 or any part `thereof are hereinafter collectively referred to as "Owner - A-3" ; and WHEREAS, an extension of the pedestrian skyway system over E2st Sixth Street between Cedar and Minnesota Streets from Town Square to Northerly Building has been approved by the City and 'r?t`tF� as part of their Seventh Place Redevelopment Project Plan, 1' = as approved by the Council of the City of Saint Paul on . December 5, 1978, in Council File No. 272155 and which is on � file with the City Clerk of the City of Saint Paul; and . -3- � . � , , , . ��.5=/S.�L " WHEREAS,� the extension of said skyway system over East Sixth Street necessitates peaestrian ingress, egress and transit through certain portions of Town Square and Northerly Building; and � WHEREAS, all parties hereto are desirous of the 'r"� construction of the skyway bridge over East Sixth Street; and C': � WHEREAS, substantial public monies will be expended for the C'"? , - � C'"� design and construction of said skyway bridge over East Sixth � ' Street; and WHEREAS, a benefit will inure to the respective property owners by virtue of being linked to �e System; and WHEREAS, the City, by Ordinance No. 16617 , Council File No. � - 274025, granted the HRA permission to construct and operate a skyway bridge across East Sixth Street between CPdar and � Minnesota Streets , which Ordinance is attached hereto as � Exhibit A. NOW, THEREFORE, BE IT AGREED BY AND AMONG THE PARTIES � HERETO AS FOLLOWS: . BRIDGE CONSTRUCTION 1. The HRA agrees to design and construct and pay for the design an8 construction of a skyway bridge connecting Town Square with Northerly Building in accordance with HRA and City approved plans and specifications prepared for HRA by Hammel, Green and Abrahamson dated November 30 , 1979 , also known as Bid No. A-8448-5, and reviewed by Oxford, Venture, Carlson and j�-:: Northerly. Said skyway bridge shall include support structure.s _ _ � 4 � __ :. ._._..___._.._.....�...._.,___�:.,.---_� -- � C',� �r-is��L � . � . "� / and related mechanical/electrical equipment for heating, ventilating and air conditioning ( "HVAC") , electrical and lighting system, roof drainage system, glass doors at the Town Square end of= the skyway bridge, finishing at exterior and interior skyway bridge ends at the point of connection with � Northerly Building and Town Square and insulated glass to the � � � extent glass is used to enclose said skyway bridge, all as �more � �� specifically provided in the above referenced specifications. C� . The skyway bridge HVAC system shall be tied into the HVAC system of Northerly Building. The skyway bridge electrical and lighting system shall be tied into the electrical system of the .Northerly Building. The skyway bridge roof drainage system shall be tied into the interior drainage system of Tawn � Square. HRA will accomplish and pay for any HVAC system, electrical and lighting system, roof drainage system, _ installations and connections which are shown in the approved • plans and specifications to be part of the HRA construction contract. Owner A-4 and Northerly shall pay for all costs � incurred in adapting the HVAC and electrical and lighting . systems serving the No.rtherly Building to accommodate such � tie-ins and all costs incurred in adapting the roof drainage sys�tem in Town Square to accommodate such tie-in. 2, .gRA will incl.ude a provision in its contract for the construction of the skyway bridge whereby the contractor consents to the assignment of warxanties to Owner A-4 and ,r _ Northerly• HRA shall assign such warranties to said parties ' upon approved completion, without relinquishing its own rights ' _5_ � �.• ' - . . � gS-�s 32 : . under such warranties. HRA will cooperate and assist in any ± prosecution of any lawful and proper claim which such parties � may later assert against the contractor (s) and/or architects or others arising from faulty design or construction of the skyway bridge. CONCOURSE CONSTRUCTION � , ��' 3 . Northerly shall be responsible for and shall pay all � �' � � costs incur.red in or necessitated by the construction and e� � completion of (a) a pedestrian concourse within the skyway 2eve1 easement to be herein granted in the Northerly Building (exclusive of the _ stairway easement)�as shown in Exhibit B-1 attached hereto, and (b) a stairway within the stairway easement herein granted in the Northerly Building as shown in Exhibits B-1 and B-2 attached hereto. --- 4. HRA shall be responsible for and shall pay certain �- - costs incurred by Oxford and Venture or necessitated by pedestrian concourse construction and completion in accordance with the terms of the Contract For Sale of Land by and �among Oxford, HRA and City dated August 26, 1977, and the Contract For Sale of Land by and between HRA and Venture dated November l, 1977 . EASEMENTS 5. Subject to payment required of HRA in paragraph 4. above, Owner A-2, Owner A-3 , Owner A-4 and Northerly hereby r - agree to grant to the City a public easement for the pedestrian - ' skyway system through their respective properties from the floor to the finishec3 ceiling surface as constructed from time _6_ � ' , C°c� �S—/S 3�- ' �to time in the areas as set forth in Exhibits B-1, B-2, B-3 and g-4 . Said grants of easement shall be in the form attached hereto as Exhibits C-1, C-2, C-3 and C-4 . In consideration of Northerly granting said easements L � � in the Northerly Building shown and described in Exhibits B-1, � � B-2 and C-1 , the City and HRA acknowledge and agree that, to � the extent any inchoate easements, rights to the future grant � of easements , interests in the nature of easements, or potential easements or interests therein were created in' favor of the City or HRA over the premises herein described as the Northerly Building by or pursuant to that certain Contract For the Sale of Land dated October 14, 1965, between HRA and Davidson-Baker Company, all such inchoate easements, rights and interests are expressly terminated and extinguished. The easements shown and described in the Northerly Building in Exhibits B-1, B-2, and C-1 are granted pursuant to and in satisfaction of the requirement of paragraph 8 (c} of such Contract For the Sale of Land. Nothing herein shall alter . or amend the provisions or procedures of such paragraph 8 (c) with respect to changes in the Iocation of easements. In further consideration of Northerly granting said easements in the Northe�ly Building as shown and described in Exhibits B-1, B-2 and C-1, HR.A and City agree to execute a separate agreement with Banco Properties, Inc. , owner of the premises located immediately south of and attached to the �" .- Northerly Building, for the vacation of that portion of an � � existing easement within said Banco premises shown on Exhibits � . _�_ . . � ` �,�'_�.�/s-�� B-1 and B-2 as "Vacated Easement" , and for the removal and disposition of aIl public improvements located within such easement, including an escalator, as is provided in such separate agreement. � The easement areas and skyway bridge herein concerned, �^ � except only that portion of the easement areas not necessary to C"'3 �. � enable continuous passage from Parcel A-2 to and through the .`� � Northerly Building, shall be open from 7 :00 a.m. to 1:30 a.m. , Monday through Saturday, including until 1: 30 a.m. , Sunday mornings, and, at the option of Venture , for designated hours between the hours of 7 :00 a.m. Sund�s to 1:30 a.m. Mondays, on two week 's prior written notice by Venture ta City, HRA. Oxford, Carlson, Northerly and other parties in the System to whom the City requests in writing that notice be sent. The balance of the easement areas herein granted shall be open from 7 :00 a.m. to 10 : 00 p.m. Monday through Saturday, except that the easement areas shown in Exhibit B-2 may be closed to ingress from Sixth Street at 6 : 00 p.m. Monday through Saturday, and all day Sunday, at the discretion of Northerly when deemed - necessar� for security reasons. Nothing herein shall restrict � Northerly from opening the easement areas through Northerly Building at such times other than those times set forth above. Upon request by any party to this agreement, and where necessary in the reasonable discretion of the City to protect public health and safety, including both personaI. and/or t�'= property safety and security, the City shall take apprapriate ' action to further limit the hours during which said easement -8- �� . . , ��-�-�s�s�� areas must be open for public use. The City shall consider, as '^ one factor in forming its discretion, the claimed or actual : breach of security agreements by and between any of the parties. ; � 6 , All easements to be described in Exhibits C-l. C-2, � C-3 and C-4 shall be more specifically described after survey � � � C'� by a registered land surveyor of said easements, which survey O ``� shall �be furnished in recordable form at the sole cost of HRA. C� � , The City and HRA agree to the placement by Northerly of one freestanding clock within the public easement as shown in the Northerly Building in Exhibit B-1 provided that the total width of the easement exclusive of the width of said clock must be at least 12 feet at the point of placement, and that said clock shall not obstruct any skyway directional sign. � g, All parties agree that the easements to be granted hereunder and herein described shall be designated. as public easements and that all ordinances and codes of the City � • applicable to the System shall govern same. 9, In the event said easements are relocated, vacated or terminated under the circumstances stated in the Grants of . - Easement attached hereto as Exhibits C-1 thzough C-4, � respectively, City shall furnish a release thereof without cost . to the respective property owner , its successors or assigns. 10. The HRA and City hereby waive any right they may haye to share in an award of damages in the event that a public body acquires� all or any part of the aforesaid buildings or ��.. properties by condemnation or under the threat of ' condemnation. Said waiver applies to the easement through the respective properties, but not to the skyway bridge. � -. !9 l � = . ��j=�.s3�- �-� 11. It is agreed by and among the parties hereto that the skyway bridge shall at all times be owned by the City and/or HRA, and said skyway bridge shall not canstitute property � --- � leased, loaned or otherwise mac7e available to second parties, �' � or any one of them (within the meaning of Chapter 272. 01 (2} qf :� - � Minnesota Statutes) , it being understood that said skyway C� bridge is intended to benefit the public generally. � OPERATION AND NiAINTENANCE 12. Commencing seven days after receipt of written notice from the City of substantial completion of the skyway bridge, / Owner A-4 and Northerly shaZl maintain, repair and operate the electrical, HVAC and roof drainage ,facilities in and serving the skyway bridge at their sole cost and expense, and shall _ keep and main�ain the skyway bridge in repair and shall keep it in a reasonably safe condition for pedestrian travel, reasonably clean and free of litter and debris. . 13. Owner A-4 and Northerly further agree to provide the . necessary repairs and maintenance of the skyway bridge and its integral parts at their sole cost, without cost to the City or HRA. Such maintenance shall incluc3e, but not be limited to, glass, floor , hardware and metal trim cleaning, polishing, repaiz and replacement, roof maintenance, repainting , light bulb replacement and light fixture cleaning. The HR.A and City shall be furnished with plans and specifications for all additions, alterations and major repairs or replacements to the �'��- skyway bridge. Such plans and specifications to be submitted• _lp_ � �a _ • , �r��s`�s�� . in accordance herewith shall be subject to the reasonable and . timely approval of the HRA and City before commencement of the : contem lated therein. Lack of approval or disapproval of � work P the plans and s�ecifications within 14 days following the date ; on which they are submitted to the HRA and City shall be deemed � approval. • � 14 . Oxford, Venture, Carlson and Northerly have entered � - � � into the Skyway Bridge Maintenance Agreement of even ate C`� ' � herewith, hereinafter "Maintenance Agreement" , which Agreemen provides for the sharing of maintenance, operating and repair costs and responsibilities for said skyway bridge and its integral parts and related equipment. 15. After completion of construction of the easement areas and upon written notice by City to Owner A-2, Owner A-3, Owner A-4 and Northerly that easement areas are available for 11 pedestrian travel, Owner A-2, Owner A-3, Owner A-4 and � Northerly hereby agree to grovide and pay for all repairs, operation and maintenance for all the easement areas through - their. respective properties, all to a ..reasonable standard of safety and cleanliness. � 16. If Owner A-4 and Northerly fail to adequately maintain, repair and operate the skyway bridge to a reasonable standard of safety or if Owner A-2, Owner A-3, Owner A-4 or Northerly shall fail to , adequately maintain, operate and repair their res�ective public easement areas within 30 days after receipt of written demand therefor by the City, the City may ,j^ ' undertake said reasonably necessary repair , maintenance and � _��_ � �3 . . .. _. _��_.._...�...........��_ �...,.....,.�..y.._.m..._...��.....__.._.____.___._.._..�.. �...__._. . , C�.��.�is��- or�erating t�asks, and the costs incurred by City for said _ maintenance, repair and operation shall be assessed to and shall be paid forthwith by the defaulting property owner (s) or taeir sureties, as applicable hereunder ; provided however , the ; � City retains the right to assess such costs against the � � defaulting property owner (s) as a local improvement in any - C''� �F inanner provided by law. , . ; 17 . Neither the skyway bridge, nor the pedestrian concourses within the easements herein to be granted as set forth in paragraph 5. and which are the subject of this Agreement, shall be operated for � th�purpose of advertising the name of any product or business or for any other commercial purpose other than for or on store .fronts. Such store front signage may project into the easement area but shall not � obstruct �rom pedestrian view any skyway directional sign (s) , and shall be removed at the request of City should such obstruction occur ; provided, however , nothing herein contained . shall prevent the installation and maintenance of directional � sign (s) identifying the building and/or street names as set forth in paragraph 20. of this Agreement. HRA has heretofore . approved the projection of certain store front identification signs in Parcels A-3 , A-4 , vacated East Seventh Place and Parcel 27 and recognizes such approvals as binding herein. SJRETY BONDS AND INSUR.ANCE 18. Commencing seven days after receipt of written notice �"'�= from the City of substantial. completion of the skyway bridge,' Owner A-4 and Northerly shall together furnisfi and maintain a -12- . • i � . � �i=�s-fs3�-- � '. 19, After completion of construction of the skyway bridge , and the easement areas and upon notice to affected property owners by City that the skyway bridge and the easement areas are available for pedestrian travel , Owner A-4 and Northerly shall furnisti and maintain public liability and casualty � insurance coverage for the skyway bridge and Owner A-3 shall . . �? � furnish and maintain public liability insurance coverage for � C�3 the easement areas to be granted through Pareel A-3, vacated � East Seventh P�ace and Parcel 27 ; and Owner A-2, Owner A-4 and Northerly shall furnish and maintain public liability insurance for their respective easement areas in Parcel A-2, Parcel A-4 and Northerly Building as set forth in paragraph 5. herein. � Said insurance shall be with a duly licensed insurance company, wherein the City and HRA shall be designated as additional insureds and shall contain the following minimum coverages: for personal injuries , including death, $500,000.�00-` for each occurrence; for property damage to the extent of $200 ,000.00 in any single accident. Such minimum amounts shall be subject, upon 60 days� notice, to reasonable increase by official action of the Council of the City of Saint Paul, in the event - statutory munici.pal liability limits are altered a� any time after the date hereof. The casualty insurance shall have � all-risk coverage in the amount of the full replacement cost of the skyway bridge as reasonably determined by the City from time to time. All cos-ts of insurance required herein relating to the skyway bridge shall be borne by Owner A-4 and ��•_ Northerly. Al1 costs of insurance required herein relating to the easement areas shall be borne by the property owners responsible therefor. � . _14- �,j . . C�F- ��_�s3�- .: , . surety bond in the amount of $50 , 000 for the said skyway bridge to and in favor of the City of Saint Paul, as obligee , rl conditioned that said property owners shall forever indemnify C": � and hold harmless the City in accordance with the said � � Ordinance against all expenses and liability on account of all ;� � costs, claims, suits and juc3gments arising out of or connected with the maintenance, operati�on, repair and/or removal of the� skyway bridge, its integral parts and related equipment, and, further conditioned upon said property owners complying with • all terms and conditions expressed and contained in this Agreement as to operation, repair ari maintenance of the skyway bridge, which surety 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 City. The cost of furnishing -- and maintaining such surety bond shall be borne by Owner A-4 and Northerly. The HRA shall procure from the general contractor, documentation evidencing that the general � contractor is maintaining throughout the entire period of construction and erection of the skyway bridge, such insurance as set forth in the plans and specifications described in paragraph 1. herein, naming the abutting property owners to the skyway bridge as additional insureds as required by said plans and specifications, specifically in accordance with Section 4. General conditions and Section 6. Special Conditions of the j�_.. construction contract, copies of which are attached hereto as, Exhibits D-1 and D-2. -13- � 5�:�5slbau . ". �'�-�5�-/5.3�-- SK W�AY DIRECTIONAL SIGNS 20 . All directional and other signs to be installed within � the skyway system on the properties of Owner A-2, Owner A-3 and C°; � L �"� Owner A-4 shall .be located as shown in E�chibits B-3 and B-4 � . `1 attached hereto. The location of one directional sign in the � easement herein granted in the Northerly Building shall be located as shown in Exhibit B-1. The initial cost of purchase and installation of these signs shall be borne by HRA as• to signs located on the properties of Owner A-2, Owner A-3 and Owner A-4 , and HRA will pay only the cost of purchase of the sign to be located in the Northerly Building. The cost of installation of the sign in the Northerly Building shall be borne by Northerly. The cost of operating, maintaining and repairing alI the signs herein shall be borne individually by the party on whose property the sign is located. It the location of the easement is changed, the signs shall be moved � accordingly, and the cost of moving and re-installing signs to a new easement area shall be borne by the party on whose property the sign is being relocated. If the sign moving requires a change in the sign face, this shall be done at said property owner ' s expense, and be consistent with the graphic - � design system established for skyway signs. BINDING OBLIGATIONS 21. This Agreement is subject to the terms and conditions of Ordinance No. 1667.7 , as adopted by the Council of the City .�~ of Saint Paul, and all its terms and conditions are -15- /'J / � , ' � (1.!=�S=/S3�- Iincorpoxated herein by reference. Owner A-4 and Northerly are considered to be "per�mittee ' s successors" under the terms of � said Ordinance. C' 22. The parties agree that in the construction, � h` c"3 O maintenance and operation of the concourses located within the � _ � easements herein to be granted as set forth in paragraph 5 . � they shall be bound by all City codes and ordinances governing the System insofar as applicable. 23. 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 and their successors in i� interest and assigns ,- and shall continue in force until such time as the System or that part herein concerned is vacated or abandoned in the manner permitted by law, or terminated in accordance with the Grants of Easement herein. 24. It is understood that this Agreement does not govern the relationship and agreements by and among Oxford, Carlson, Venture and Northerly themselves to each other. other than the � requirement of paragraph 14. above. Z5. The parties hereto herein .reserve unto themselves the unconditional right and privilege of selling. conveying and transferring their abutting and/or encumbered or involved real estate herein, vr interest therein, and assigning and transferring this Agreement to any other corporation, corporations, trust, trusts, individual, partnerships, or other ,. : form of venture. In the event of transfer of property owner 's � said interest, the owner (seller) may be freed and relieved, -16 • �0 .. , _ (�� S-�53� - from and after the date of such transfer , of all liability as respects the performance of any covenants or obligations on the � part of owner (seller) contained in this Agreement thereafter �: � to be performed; provided that owner ' s successor fully and � � C'� without limitation assumes in writing all duties, � responsibilities and covenants of the owner (seller ) under this Agreement. It is recognized that Oxford is required to convey to the City by obligations which include that certain a�ea filed in the office of the Ramsey County Recorder as Document No. 2036809 the area of a public galleria and galleria air rights in all or a major portion of the easement areas in Parcel A-3, vacated East Seventh PZace and Parcel 27 ugon substantial completion thereof . Upon acceptance by the City of such conveyance , Oxford is released from its covenants and obligations under this Agreement as to all those areas included within and conveyed by such conveyance provided that the City znay elect to self-insure instead of providing insurance required herein in paragraph 19. - • 26. Notices. Al1 notices, demands and other communications which may be or are required to be given by a party to the other parties shall be directed as follows: . To Northerly: Northerly Centre Corporation � 1150 Northwestern National Bank Building 7th and Marquette Minneapolis, Minnesota 55402 � Attn: Mr . John Beal . �_.. and - � Northwestern Bank Building Company 840 Northwestern National Bank Building . St. Paul, MinneSota 55101 Attn: Mr . James Thomson . � -17- . � / _ �- �s-��3�- To City: Director of Public Works Sixth Floor � City Hall Annex C'^ 24 West Fourth Street � � St. Paul, Minnesota 55102 � � To H RA: C"'� � Renewal Administrator - Housing and Redevelopment Authority of the City of Saint Paul, Minnesota � � Twelfth F1oor�' - City Hall Annex '24 West Fourth Street - St. Paul, Minnesota 55102 To Oxford: Oxford Development M�nesota, Inc. � 628 North Central Tower 445 Minnesota Street St. Paul, Minnesota 55101 Attn: Property Manager St. Paul Town Square and � -- 555 Peavey Building . _._. _..._ 730 Second Avenue South Minneapolis, Minnesota 55402 Attn: Legal Counsel To Venture: St. Paul Joint Venture � � 12755 State Highway 55 ___ . - Minneapolis, Minnesota 55441 Attn: Mr. John R. Heim . and 711 Degree of Honor Building St. Paul, Minnesota 55101 � Attn: Mr . Milton H. Altman To Carlson: Carlson Companies, Inc. 12755 State Highway 55 �-,, Minneapolis, Minnesota 55441 • Attn: Mr. John R. Heim • -18- � �U . . . � �. L��-/.�-3�-- � � � � HOUSI?:v DEVELGP_•?�NT AUTHORITY " � OF THE r SA �''r' PAUL, MINNESOTA _ By . . . � �s . 1.�E1�C7— . - ► . , . � � � ' � � - M L O BY . `� �C�'E.T�- . r°`� � � . . ;� . • CITY OF SAINT PAUL � � . ' ' _ . - - P.PP�OV�D AS TO FORM . - a . By �---�---- ' 1 ts ,a r . 7-23-$o - By . � � . � � � Its re or, Depart,-�ent of P anni*�g -� _ d Eco t�� c Develop�ent . , . By � � - � Its D11'e t r, �epar�ent o= znance � � nd P� ;�:ent Services � . � U � - . . � y . , � Its City C er . . - i� . 1) Pedestrian Skyvray Bridge � � - . . Acr.oss 6th Street between Cedar & Minnesota • � � Construction - Knutson L8397-2 �257,940.50 60600 to be reimbursed by 76500 (URBF) : Architecture - H.G.&A. Contract 79/47 $ 25,800.00 ' URaF 76500 � 2) Concourse: � Reimbursement to Oxford $182,029.00 - URBF 76500 � _ , . . . � � � _ � . �� - � ss , . - /�� OLj?tiTTY O_ RA2�:SLY ) - Zi�`�"�S �/531-- , • . On t.hzs �_� day of � , 19� , before me a .ToLary Public wit i.n and �or� aid •n� , �eared � Y _ _ tt-r.� �d ' , to ne personal y nown, wno, eing ea . by .,�e 'uly s- orn dia say t �hev are respectively ;he � . and of �he H '. ! G icED�V�LO?:•LN T �UiuO RI'i'�' OF ^1 i��; � Ci`i Y OF �ZNT :Ali1,� M�iv�TES�TA, a � � ALnneso�a public body corpora`e and po itic, that said ir.strument was �.► s� _ ed by au'r_hori�y of its Boaxd o� o�m� ssioners nd said - � and .(�' - ' ackno;aledged _ r- C"� sa ' d inst_�:�ent wa � e free act and deed oi sazc� corporation.� � C''� `� . . � ,� • - }pANNr RETShtER . ti . •-zs. F. F:15LiC_MII�%'�=SQTA - �: -� No7n.� Y CGUhTY 1986 � MS� • �;2'�'^ , RA pAo�.29� • . MY `uMM15S10� ExF�RE9 • . � . . , \ , • ' . I - . � . ' . . . � 1 ' . ' . . . - �a - - . . ' . . . , _ • �� .Tne fore oing instru.*nent was acknowledged be`ore me, this �-'��- dzy of , 19�p, by GEORGE Ln iII��,R, Ziayor of the CITY . � O_ SAI2�T PAUL, mu.nicipal corporation 'of h° State of Ninnesota� on behal� oz said City oi Saint Paul. � �5.---/5:.�?— rl ' . ' - r . . �► . _� • . � STr�� OF MINNES.:OTA � ' LEEq(yN T(1RC}�IN • C�. � SS.• " ' �'� NOTARY PUBtIC— • � � IdiNNESOTA • • - 0 CGi:_�^v O� zZA1�!SEY ) �� RAMSEYCOUnm � � - � . (``� � _ . � �Y Cemm.E�oKas Jurw 11, tgg7 � . Tne � egoing instrunent was acknowledge . e . ; this 'a�-`� day o� �� , 19�, by G�RY E. STOUT, Director of the � D°tU�?'tment�f P1 n?ng and Econortic Development for the CITY OF SAINT PAliL, a municipal corporation . of the State of Minnesata, on behalf of the City of Sa�nt Paul. • � � . � - . - . - . • �` �` � � ) .*'7�_,.� � . - � x l.,Y�n.�V..�s!'w.!'v t. 1!1.�1� �:�.•R:e!A11��A."1 • . STATE OF MINi�ESOTA ) � .. s�,sRO�a �. P=l"'�SON • • . `` Mn.� • � SS � •? `�•.� ��r.i-.�, ?�-'`_'iiC. ''.""'°'.'CO. _ . . • 1 4 �,..�. .f�Y Cn �r.� CCF .``t ��ifZES � . COi3NTY OF R.AMSEY . ) � �_- _•��, � , ?�s� ��. . . 1 _._... - :=;-�°�.�►x . The �oregoing instru,-Zent was acknowledged before ne, this 7L 5 t�. - day of , 19 Yo , by BE�:�iP�ZD J. CP.RLSON, Director� of the Depar�men� o� r inance and Management Services for �the CITY OF SAINT ' PAtTT�, a municipal corporation of the State of Minnes.o�a, on. behalf of the City of Saint Paul. _ ' ., ' � � • . �'Yt� . ' t - . R ' . � . JEANNE M.ANDERT . _ • �� NOTARY PUBLIC—M►NNESOTA SlATE OF MINi3ESOTA � � �RAMSEYCOUNTY. . - -----_--- --- _-----.--.__._- ---- . } $$ • � . ... ._ • � • - MrComm.ExpiresAprili0.1987 C�JU?ZTY Or RP.MSEY � --- - � � - - - __. _ . . . ! :._ _ _ -- � The foregoing instrument was acknowledged before me, th�s � day of , 19�� by ROSE MIX, City Clerk for the CIlY F S�_tis^ PALi�, a llc pZZ corporation of the State of Nir�esotar on benalf af the ity of Saint Paul. . � _ C`=�� , " . �� . . � `� LEEANN c - •. �� NGTAkY- 7�1RCFf1lt' � . ' � RlrM BL�—�!~i�.5.^.7L. _ . SFY COJtYTy r - . x�ti��V4�m ExPires Ju . . - ►�e I I. I S97 � . • S� • . ,� . . , - • • . ��. � • , , , • . ��'�.`--/5<3�- � NORTHLRLY CENTRE CORPORATION � " . 1 . . gy � .Q��n.��c./l • � Its �� . . . . _ � . .. . • . � � By ... �b'�'7�c,.--� S.,,s/ . �-- ,,,,s I ts . � . - C� � � - - � . � . � . � - � STATE OF �.IidNESOTA ) \` . � � � SS. � - . . ' . - COUiVTY OF ) . � - - - . On this �day of . 19�, before rae, a Notary Pt:blic within and for said County, aFspeared � � �nd ��- � � , to me personally known, who, being � � . ,, each by m� duly sworn, did say that they are respectively the � � � �_ and j,` ��.!/�'��"o .�„�� af NOR1HE:tLY . . C��TFtE CO�P01ZATION, a 2dinnesota cor}�oration, �i�hat ~said instrunent was - � � signed by authority -of its Board of Directors, and said � -, and � acknowledged said _ • instr�aent was the free act and deed of said corporation.� . ____ _ _ • . � " . ' - - �i�G 1 - . , �_ . w+�++ti . �� TERESA A. McGUIRE � ' ' -�4 NaTARY PUBLIC-MttvNESOTA ♦ . . . • ;�� k� RAMSEY CO:.�':TY � ' ' - MYCommissionExn�:e,'.'=: ;� �.U, i9b; _T . .�+r�rw...�w�/ . :. � • . � , .' ' • , . � . • � 1 • - . . . . 1 ' . . . . . ' . . . . . . . \�[ ' ' O! / .... . . . . . ___.� _, •"_'.�....__......_...�..^..�:--....-. .-. -c r-._--w-� -'^'-r —•--- -.- •_ _.- _.�_ . . �'..___'_'..� . _. . _ ' .,. - � � � � - ��.s�-�s:�� - ' ' G}.�C=t� LLViLO��'i��l T:.�IV�\`.✓�It':� 1��C. . ' � ^ ` • . • ' . - � gy .� �,,, � j �i � � . I�s Q�LLr . . _ e�°1 -' � . �; � - . . , - - "� - ' � - - � , . - By - . J Its � � . • ->._� , � C"3 . � � . .�. � � � � . . . . . _ _%� ..��,�._L �� i'�_�.:�5�'lc� } • � _ , ) SS. � � ' - . CJi,_i�lY O� Hi;�?:EPIN � ' ' � . . Cn �h�s �/� c=.y of _ Ju1� , ..13 80 . be=ore� �ne , a N��a�y =;•�:?_c ;�i`��n �-�c �cr s�id Co�,� , � ,��'-�''�..��,�`'r"1,��"u�� . LY �_ PL�red nou rso�,- �.�c L. C. Deardorff f �O :�;e �erson�??y �nori�, ��Tho., beir_g e�ch , � � �' --,° Gll:.y �:iOr^ � �`C.�' G�' Sc'.V �ini.. �r1Ay� are Y'25�2C�.1vc�.y �1e • • _. - --r�-c PresidenL 'n?Zd Vice President . o� OXr^O�D Dr.J.r��Js��,IvI` _:._ _,:�Q'=T�� ..''_.��. � � i`?I1:1�SO LG C01 JO�ni,10P.� i.._�:o�:. Sd?CI 1T;S�r'�i„_T'i� Ci�S . _ S1C=:�Q !�� au�nori�y Oi lt5 �O�r(1 Oi. i71Z'C�C�OrS � d21 '43 SZ1C� � � - ' ��✓'.0 .(� Ls1+�c.�.�G/v - • - - ' - �a' L. c. Deardor�f ' aCk?lowlec�ed s�id� - z_^_.s_=L:,�en� ;�zs the Lree act and deec's o�� said corporztio�: �� '�'. .. ' . � � . ' �nr.r�n/V✓, 1V�hMf.�AJV.r. - —• • - � .�" ';.�... JUDRH GOBEN y � • - '-`�� NOTARY F�9UC-M;1;Nc507A � �'.�� ' HENNEPIN COUi;TY ' ' N!/Ccmmicsion Expires luly 2, 1985 � ' . � � r.';:,v. r . . ' ' - � � ' - - . • . � . - � . . � ' • ' � � . ; - �--�S��s3z- ', ST. PAUL JOINT VENTURE - Capi�al Hospitality Corporation � . By / � � - I �p � � - . � ��`�-f-✓ .� � � � J ;� S ri Hotel Company � , � . . � ' By . . . .r��' . . . . . . - r � �i Its ��,� � � � � STATE OF MINNESOTA ) ��---- - � } ss. COUIvTY OF RAMSEY ) ' . �he fore instrument was a k � lecl- d efore me this � � � � bY � �i�� • � the •/r% of 'CA�TAL HOSPITALITY COt2PORA- � TION, a Minn sota corporation, a general partner in ST. PAUL � - - JOINT VENTURE, a Minnesota partnership, on behalf of the • _ partnership. - i CATHLEEN A.STAYBER� �� NOTARY PUBLIC—MikNE50TA . �acorA couNnr • STATE OF MINNESOTA � . �1f�"m'�'�"E:pircsOct 10.t9&5. . ) S5. • . . COUNTY OF R.AMSEY ) . .. � _, ----- . -- - _ , _ _ - - - - --- _ - - - _. ..:. .. ------�------._. ��The foref� i inst ument was ac owl dged before me this � � --�, C�u 4� ��4'�.c.� � D , by . • tne �/ � � of SP'H H�TEL COtdPAN-Y, a Minne- - _- ._ sota c rporation, a general partner in ST. PAUL JOTNT VENTURE,- _ a AZinnesota partnership, on behalf of the partnership. �� . ,/ .�' /' ,� *� y}�: CATFlLEEM A.STAYBERG— : f-� -� NOTARY PUBLIC—MINNESOTA °�'p�. QAKOTA COUNTY ' � N4r Commnsion Expires Oct. !Q I985. .. ti x � ' • , . � � _ . -_, _ ._ � . . _ _. ._.. . . _ -- - - -•- - - - .._ _ -•�� - _�:_- . � �./�'�S��53�- � CARLSON COMPANIES, INC. � , C; � G � ts Vice Presi • nt � / �7 / !S T r �� STATE OF MINNESOTA ) ' ) ss . CDUNTY OF RAMSEY ) On this -��'day of , 1980 , befare me, a Notary Public within and fo sai ounty, appeared Jahn R. Heim, to me personally know , w o, being by me duly sworn, did say that he is the Vice President of CARLSON COMPANIES, INC. , a Minnesota corporation, that said instrument was signed by authority of its Board of Directors, and said John R. Heim acknowledged said instrument was the free act and deed of said corporation . ' . �. CATHLEEN A.STAYBERG ' �� N07ARY PUBIIC—M1NNE507A DAKOTA COUNTY . Mi C�+uoessio�Etpira Oct 10.14ES. • � — '�� ` • v �' [,�,`�'�(�,��(,G vroinance f`i u_!l��J�J (' / . - , .. . . .:��;e� By `�� . . Reierred To Committee: �?ate � ��5�:/S��- Out of Co�mittee By Date - � AN ORD t i�ANCE MAKi t�G PROV t S I oN THEREFOR AND GRr.r1Tt NG UrzTO THE� • - • . k;OUSIt�G AND REDEVELOPMENT AUTHORITY OF THE C1TY QF SAiNT PAUL, � ' � MIKr:E50TA,. A MINt:ESOTA CORPORATIQt�; AND ITS SUCCESSORS. OR ASSIGf{5, - � PERNfISSI0h1 TO CONSTRUCT, MAINTAiN AND OPERATE THE FdLLOWING OVER- c� }'„�,D PE��ST�tAN PASSkGEW�YS OVER PtJBLIC STREETS WLTHiN THE CORP�RATE . . � LIHiTS OF TNE �CITY OF SAiNT PAUL; AND . `� ;) ACROSS EAST SIXTH STREET SET�JEEN THE tNTERSECTiOt� TNERF- : � � UfTH OF HINNESOTA STREET AND CEDAR STREET, SA1D QVERFiEAD � - � • , PEDESTRtAN PASSAGEWAY TO 8E EXTENDED FROM THE EXISTING ' NORTH1dESTERh! NATIOt�AL BANK (tiORTHtJEST CROSSING} ON THE = SOUTH SIDE OF EAST SIXTH STREET TO THE RADt550N HOTEL/TOWN . SQUARE COMPLEX ON THE NORTH S1DE OF� EAST S[XTH, STREET: . . � � � . j • - � • . 2) ACROSS MihNESOTA STREET BE7WEEN THE iNTERSECTiON TNERcW1T#! - . OF EAST SEVENTH PLACE AhlD EAST SIXTH STREET, SAIQ OVERHEAD . . - � � PEDESTR i F.ri PASSAGEWAY TO 8E EXTENDED FRDM THE RAD i 55011 tiOTE�/. TOW�i SQUARE COMPLEX ON THE 41EST SEDE "OF MIM1tNE50TA STREET TO � _ THE BREN►ER BU1LD{NG ON THE "EAST SIDE OF MlNNESOiA STREET. , � T�i� COUNCIt OF THE CITY OF SAtHT PAUt DOES ORDAIN:- � .� � • Section 1 . . . � That permission and authority hereby are granted to the Hous.ing and Re- ; d.eveSopment Authority of the Gity of Saint Paul , Hinnesota, a Kinr►esota. __ __ corporation and/or its successors in interest to construct, maintain a�d oper- . - � ate the foTlowing overhead pedestrian passageways over public streets within the corporate" Iimits of the City of Saint Pau1 ; and . " . COUNCILb'IE�I � Requested by Depattment of: ' zs Nai�s . • _ Butl�r In Favor - Hozza Hunt � BY � � I��zne . Against . �� ._ biaddox � , , , . ' • ' Showaltcr ' _ ' Tcdesco Form Approved byaCity ttorney� . . � � n -;�!ed by Council: Date 1/ � B.y � �--� � !�'a./ . „i;ied Passed by Counci3 Seeretary • _ , , . . / .� � V ��\{j . -' . � pppr � by T►tayor for S�Sm`i �"on Yi�'Council � � .•�vec' by A`.ayor: Date -- � �' =� --- F'�i uTRiT "A": BY �. � '� _�' ✓'r ' ___ _. _ • _. _ . ____ . � - � -- - - _. ._ _ .._.._. _____. . . __.___. � —�— • �K � . , � . •c/�^► .-L�'�C't�"' � • • • . , ; `• t /•• � '` ' . ��s-/,s 3 . 1 ) across East Sixth Street between the iritersection therewith � _ of Hinnesota Street and Cedar Street, said overhead pedestrian . passageway to be extended fran the existing tJorthwestern NatTonaZ � Bank (NortE�est Crossing) on the .south side of East Sixth Street to the Radis:son Notcl/Town Squa�e Conplex on the �orth side of . . . � East Stxth Street. " . C'°' • . � 2) across Hinnesota Street betr+°en the intersection therewTth af � East Seventh Place and East S+xth Street, said overhead pedes- �. . . �� trian passageway to be extended frorn the Radisson Hotej/Town . (� Squa re Co�*�pl ex on the �+est s i de of Tii nnesota Street to the Brecreer Building on the east side of tiinnesota Street:'_ , . - - :' • • • Section 2. • . ' , . ' That the Oirector of PubiTc idorks is hereby authorized to issue necessary . permits to said permittee, the Housing an� Redevelopment A�sthority� of the City of Saint Paul , Hinnesota, for the construction� maintenance, and operation of : said overhead pedestr.ian_ passageways according to the plans and specificatians •' approved by the Department of Public uorks and �at the separate cost and expeRSe of said permittee, upon said pe�mittee's canpltance with. the foilowing conditions. _ - a. That sa i d perrn i ttee and/or �i ts successors i n i nterest� sha11.,""at e ts own cost and expense and in accordance with all applicable ordinances . of the City of Saint Paul , statutes of the State of Kinnesata and _ . regulations of public autfiarity having cognizance, �constrvct, matn- • . tain, and operate said overhead pedestrian passageways fiereunder; - - b. Tiiat said permittee sh�ll pay the costs for the publicatiorr af � . : thi s Ord i nance; . � - . . � . , - • : _ . . . . - �. That said pernittee shall ' pay the costs of administration, -engiR- �• _ • eering, and iRSpection incurred by the Department of Fublic Warks .- . . _ � due to this undertaking, said costs are estimated to be a sum of' � . Six Efundred Dollars ($b00.00) for each overhead pedestrian. , passageway noted above and sha1T be accounted for�under separate . . � � Department af• Publ ic 1Jarks Project Tlumber(s} ; - . _ �. � d. That said permittee shall furnish the' Department of Public k'orks - _ � a1i documents of record for each overhead pedestrian passageway above, �that are a part of the contract ot' incidental to its � execution including, but not limited to, addendums , award of - contract, contract amount, "as built" pTans, tracings and tracings � of shop plans; . . . . - e. That said per-mittee shall construct each overhead pedestrian passage- - ,�^ � . way to the satisfaction of the Director of Public 4lorks and in , accordance with approved plans and specifications of the tiousing and Redevelopment Authority of the City of �Saint Pau1 , tiinnesota; said ' , plans and specifications on file in the Department of Public Works. . : - ' • � • .. . �� . �G �' L�tts`!;t,� - - ' -3 . . ' . �C.eCn f . . � � � � � . ��5—/5 3 � Such construction shall be nade. �hwatrand Transportat,ionhOfficials F�nerTcan Association of State Nig Y (f.I.SHTO) Speclflcations , as amended , and ti�e llniform Building Code and bc auihortzed under a building permit . issued by the Department � . � of Co,�-rr�nity Scrvices, Division of. Hausing and Building Code . � En�orccm�nt. , � � . 4'3 f. That said permittee and/or its successors in interest shall fuliy � ind�.^�:nify, hold harnless , and defend the City of_ Saint Paul , its . - ` agents , off icers and employees fro�^� any and a11 dGr�ages, ctaims, . . � losses, judgnents , sutts or expenses and on account of all cla.ims � of w`�atever nature for injury to person(s) and/or property arising . out of or connected ��rith the construction, erection, maintenance, . operation and/or removal of each overhead pedestrian passage�aay . � hereunder; and that suppl enent�t to a 11 otF�er obI i,gat i ons , on tF�ei t'� . ' part, jotntly and/or severally, hereunder, said permittee and/or . . Tts successors in interest sha11 furnist� and maintain and pay alt premiums and other expenses therefor;Casualty tnsurance Covetage, with - a duly iicensed Casualty lnsurance Company to the extent of � � �500,000.00 -for injury to any person and/or persans in any single -- - -- - --- . incident . and to the extent of $200,000.00 for damage to property _ ' . in any single accident , ir�_mnifying the City of Saint Paul against • tiability on account 6` : • claims of tF�ird persons for in}ury to . � � person(s) and/or property arising f rom or connected with the con- struction, erection, maintenance, operation andlor removal of ,said _ - structures hereunder, at all times, and to furnish competent evidence oT said coverage, from time to time, to the Directar of Finance and � ttanagement Services of the City of Saint Pauj ;�, g. That said permittee sfiall not proceed with construction untess and untiI said permittee shali have fuily complied with the provtsions . �egarding insurance and indemnification contained in the City of - . � . Saint Paul , Department o� °ublic_t,lorks ".Standard__SupplementaT_Speci--. • . fications for Highway Constrvction", dated June 1 , 1978, Section � numbered t305:2. For the purpose of this Ordinance, the aforesaid � . Section of said Speclfications -shall be read as though the word • � - "permittee" was substituted for the word "contractQr" wherever same - � . appears there+n. Section 1305.2 of the Department of Public Works, - City of Saint Paul "Standard Supplemental Specifications foc' High- � way Construction" dated June 1 , i978 .is hereby� incorporated herein by reference as fully and as compietely as If set forth herein � verbatim. � . � h. That said permittee and/or its successors in interest, sha11 among othe� things , at their own cost and expense make adequate and . , - � effective provisions therefor and drain alt moistvre, rain and snow . ��^ = whtch sha11 accumulate thereon by proper devices througEi each o�er- � fiead pedestrian passageway and in a manner so that the fiowing and/ or spilling of same on any �part of �said sections of said Pubtic Streets shail be prevented at all times. �Said permittee and/or its � . � �' � �. . -4- � . _ • � �. .,, ,:� . ' • � • �. . � .' `-��y/jjy ' ti • • ' � . successors in interest sha11 maintain and operate each ovet'- head pedestrian passageway at Its, sole cost and expense in a . safe condition for pedestrtan travel � such•metaletrime andjhardde, b�t shall r�ot be timited to, glass, fioor, � ' � ware cleaning , polishing, and replacement; roof maintenance; � . repainting; `iight bulb replacement and" Iight fixture cleaning; and . � tfie supply of heated and cooled air within each bridae to maintain � te�peratu res comparabl e to that norr:�al ly ma i nta i ned ti-'ri th1 tt heated C'3 and air-conditioned office spaces; . - O , .;• . � i . T�at sai.d permi ttee and/ot' i ts successors in i nterest sE�aI1 ,. at •at1 • `� times, construct and maintain all of the suppo�ts of each overhead•• . pedestrian passageway noted abvve entirely withIn the lines of the • subject private real estate and entirely without pubtic street . rights-of-way; . �j . That said permittee shall notify the Traffic 8ureau o� the Depart- ment of Public Works if the. construction or maintenance of each ove�head pedestrian passageway shali make necessarY the cTosing of Hinnesota/East Sixth Streets ot any part thereof;all expenses •. � incurred by the Traffic 8ureau in furnishing, installing, or re= � • moving barricades , signs, and other control devices shall be paid • by_ the pe�mittee; . . � � k. That said permittee and/or its successors in interest shall no't use • . any part of either overhead pedestrian• passageway for �any advertise=' ment or display purposes , without the written consent� of the City of Saint Paul and the application tfiereto of any advertising rnaterial or d i spl ay sha 1 1 be dee:�ed proh i b i ted by tfi i s Ord i rsance; • ' 1 . That said permlttec and/or Tts successmaintertancereandsoperat'aionaof... � . pe�tjnent ttmes , In the constructton, . each overhead pedestriar► pas�sageway fiereunder, provide a minlrnum • . _ � vertTcal clearance of at least 17 feet 4 'incfies between-and thraugh- ' . - otst the course of the bottorn of each structure and the surface�of . � each section of Minnesata/East Sixth Streets, except as may be aitered by the Ctty's future street work �n eacfi cas�; � ' . � . - . . ' m. That satd perniLtce cxpressly agrees to •cornply �+ith Chapter 216 of ' � the Salnt Paul Legislative Code. as a-�cn�icd� pertalning to strcet obstructions; . . . . � � n. That said permittee andlor its successors In interest shali cor.rplete . � � the construction and c-~4tion af each overhead pedestrtan passage- way by not later than one (1 ) year after corrn�ncesnent- of construction. � Satd corrrnencer�ent shall be evidenced. by Publlc Works' recclpt of a _�r--: written nottflcation thereof, and sfiall be dated thcreln, as further. • • ptovided for under Paragraph (o) belo+�+;' � • � . . � • - � . � ' �1 � _5 t% 'j' . • L 'L~:� . . : . ' ° . . . � ��-./�3 � - o. That said permittee �shall notify the C1tY� B�engconst�uctionf . - . ' ttie Qepartment of Public Works before an starts and notify the same said Brldge Enginee� when construction � has been completed to aliow for a final inspection of eacFt over- • � head pedestt'ian passageway hereunder. - �,. . '� p. Tt�at �each overhead pedestrian passaoeway shaTl be remoyed by . ,J and at tfie sole cost and expense of said permittee and/or its •. �� successors in interest whenever the Council of the City of Saint . � Paul sha11 by Resolution determine such removal necess�ry in the � _ pubiic interest and accordingly order the removal of eittiet-- . , structure from said ]ocation; � � . q. That said permittee shait , within the period �of ten (14) days . . . : after the. pubticatlon of t�is Ordinance, file with the City Clerk � its written acceptance of this Ordinance and agreement ta be bound by all the provisions, terms and conditions �thereof without �limitatton which written in5trument oj acceptance arrd agreement . - sha11 be in tfie form approved by .the'Ctty �ttorney;. - - r. Jhat upon the execution of an Agreement by and between the.Gity of Saint Paul , the Housing .and Redevelopment Authority of the City � � of Saint Pau1 , Minnesota, and the applicable buijdinglproperty owners � � �especting �the aforesaid pedestrian passageways noted above, the . permittee, the Housing �and Redevelopment Authority of _the City of � __ ._,_ _ - Saint Paul , Minnesota sha11 be relieved of any further otligation ._ _ . under the terms of this Ordinance, and the successors in interest of the permittee, the appiicable buiTding/propet-ty rn�+ners, shalt be - responsible for paying the insurance premiums of.each ovet'head . - - pedestrian passageway connecting thei� buildings and sha1T also be responsible for providing tfie maintenance and operation of.same; • - • � s. That upon the -Housing and Redevelopment Authortty`s conveyance of - its obllgattons under the terms of this Ordinance to the'abvve . . , successors Tn �nterest, saTd permittee's successors tn interest - shail furnTsh and deliver unto the Ctty of Salnt Paul a Surety Bond � • � in thc amovnt of Fifty Thousand Dotlars (SSa,00Q.00) for each over-- " � . " .head pedestrian passageWay (bridge) here�nder. made and -cxecuted by. sald perrnittce's succcssors in intcrest as Principal . and a Corporatc Surcty CornpanY du1Y autF►orizcd to transact business In the State af tii�nesota as Surety, to and En favor of the C1 ty of Sair►L Paul as � _ obligee, condttioned upoc► the permlttce's successvrs In Interest . complying with the terms and conditions of this Ordinance and atso conditioned that, 'in the event the perniitee'S successors in tnterest � fail to maintain or �epair each overhead pcdestrtan passagexay to a _ . • reasonable standard of safety, or fai ] to remove ctihcr ovcrfiead � �= pedestrian passageway hereunder upon order by thc Councii . the Ctty � � of Saint Pau1 may undertake the matntenance, �epair or rcr.�oval ' � thereof and may recove� tts reasor►aEile� cost incurred thereby from said surety, which Surety Bond shall remairi �n full force and effect as lo�g as each overhead pedestrtan passageway ar any part thereof remains tn that portion of public rights-of-way as shorrn on .ptans on file wtth the Depat-t- ment of Pubtic uorks. The Surety Eond shall be in such form as shail be . . � . � ' ' �� • f,.,,/ `� . . Q! �i�Z��Ce Ocdinance K0_ � l��l� � ` � _..:�d By ,-- � �. � c-�- `:S 3� � � Referred 'I�o Committee:� Date , ' Out of Comnittee By � ` � Date � -_ � . • _ ; . , . • _6_ . � � . ,� 'approved. by the City Attorney, and shaTl have �sucF► surety as shall -� • � be approved by the Dit-ector of Finance and Management Services;. � • `� t. That said permittee and/or its successors .in interest shali' sssbmit - . _ � � � proposed plans and specifications to the Department of Pubtic `�rks C� for review and approval of any intended structural repairs ot major ' maintenance work on each bridge, before any such work is carr+ed aut. - � Upon compTetion of such structural repairs approved by the Degartment . of Pubiic Works, permanent� reproducible tracings shali be furneshed � the Department showing the wo�k done and marked w'ith any "as built" � _ changes , as�we1'1� as �eproduc i bl e shop d rawi ng traci ngs of. the same; • u. That the successors in interest to the pe�mittee i.n each instarcce � . • • shati su6mit the necessary insurance documents to the Office Fregineer , of. the Department of Puhlic Works. Ti�e 0►fice Engineer in �turn sha11 • . . submit said documents to the City Attorney of �the City of Saint Paul r'or review and, if said insurance is sufficient, said documents sha1.1 - � be filed with the Director of Finance � Management Services �of tfie � - . City of Saint Paul . . �. � . - . Section 3. . � .� . � . _ � That th i s Ord i nance- sha] i take-effect and be i n force. thi rty .(30)--�ays __ ._ :. _ __ . f ror� and after its passage, approvai and publication. " . i � COUI�CIL4iFI�I � � Requested by Department of: " . es Fi:.S.jr��'i�r: Na3'S � • •, Publ ic 1�lorks "" ` � In Favor , � � ..-i-:.��._...--- . �%��'��-� �. � � ��,� , ; Hunt � • t,L� L. � Ixvinc Against . ay � Maddox � . Donald E. t�ygaard, Di recz�(T.l.E/RAEij Show � . � f• , ,,esco ��, ,� 1g79 Form Approved by Ci Attorney • Date ' / f,...d by Coun . ' r / By � �'�/ rv� :;ified ed by ou ��t Seereta . . , •� � ' � :`, , � �. , .. ` cL �� . � . 1 A o b t��ayor for S bs�iission t Council :.:_o:f� b�� 1.1aS•or: �a`:e ` .-- PP Y `` ' t � \r. -�� .' \• ,� .A./ . � V� �� l' � _ � . . :I-� ;< ---_\t � I � ______Dv_ �- � ' - .,.�:.,�__,.�. _�__......_. _ _ � . TO�ti��N S�UARE RAD 1 SSON PLAZA IiOTEL � :� . } t —-- , „ � i �� - .._. . - # . — _ ; -- i ._ _ • - • ' / i -- -- . `"�` �5- /SJ z-- Sixth St�eet _ . � - �----_ . . , �, . , _ -:;. � , :;�;:�:: - � :�:: � � � `�� ° �„' , ,2� ::-�- . Q � � � NORTHERLY �BUILDING - . U ::;::::. ',�� C� ' ; s �'� (Skyway Bui1ding) ' � �. �,5 . . � . . } + � �ti`%: � �r' -. ' , _ . . ._.._ V f � ♦ � i ..� +� .._ C -- ... :;� G I . • , !.: . 1 - � _ . _ • ;:�:;;:':::';::�:::�:�: :'��: C10Ck� 6% :�, ;;: a� . � � ::;.; - ��::�:�:::�::=:::�::�:�:�::�::=::=:::�::�:::�::=:::?=::-'-:�:�::'�:;:;:�::;::::�: � � ( . ,• .�f� I j .'J' � l� _ __'_ :i� -i"" � �'�``'� - ...u+�a ��Y+ Y•' •�••8f � . . :w. :�14'C e � :::`�.�::::::: � -:�. � � a • `'� �'i:� e e ■ ■':+r.� M � ` F.� ;.:..:�f:�::::..a :::: � , i . :�.�;::: �':".:� ; , . r •; easement to � � � ,: � _ {•:-•.:• be vacated � ■ ' � ��.' '�: � a � � 1 � t ::::::� - a i �, � ,; BANCO PROPERTIES, INC. �� ' � ; . � i ` � � ::� (Northwestern National Bank� EXHIBIT "6-1" � :::;: .� �:,. Skyway Level J I � � . ::}�:: " . .. . � � �;�i :new easement � � � . � • '��` • � • � � + :existing easemen � I � ::;;:�� -- .=�:':'; _ I — :�x::. ----- :bri dge i . � , . . :•:•:: . . . ' �' � — directional sign � _ -,`._----`, ', � � � � ,� �� T0�lN S�UARE R�iD 1 SSON PL11Z1� II01 EL F.. t. ; � �Y . 6;' � i • , , " �� _�� . . - �' . . . . . " , �` �� .�/.SJ�Z.' Sixth Street ', + -, - - ; - - .-- -. -.-- � --, , ; . , . , � . � . � � � � � . . , . � . - . . . . , , ; , : � - . . . ; . � � - � � � . . - � � �; . ._; .� . �. � � .� � _ � . _ . � c� � ;-. � ' _ . . . . . . t `'� . �� ' -��-. � � . ' = ; NORTHERL B I � ', �: i ..:_ � . ;: , : ; . . , : Y IILDING G ' ` ± '"� � ':. . (Skyway Building) ' .. '.�" , . . . _ _ . . . . . � ( � - ; -, � _. . . ' � , � , :. , : :. , � � ( I . ` � ' , . ; ; i , ' i.j:-`_` - :1. . . . , . t . ;.� �_ . ` ��; • } � • , _ - . . 1� � � ; ,_`.;, . .I :.+ . � S . �-. . -; - - - �- . ;.. .:�-. : . . _ � � . - _; :;-�- � , � . , . � : . . t , � � �_�..j_ ' •.�,�,� �'� t _ . . . : ' : - . , i , . . . . � r . �-i-i �� j� - � t , � � ' .. - • � , . ' - . � j , � � . � . . �• ' ! . , • • • � � . � � t . � .-.r- . :-�.., � _ . ,_...� < , j . : - � j . . . - - r� —.�.:.:._,..T_.,. _ �s_..,. . ; , .. .. ��.._ . . _ _ . -.. ,, . . . , � i � � •� . � , '! - - `j • - - -'-1- 'r' 1 !'-- _ . , . . - . , . i . • � -T , �____ � . - : . ,' . _ -�- - � � . --- � ; . � . :; , . j i � • � ' . ; ' . � ; j . -, _ . , _ . � � � � 1 � , ` ' . � � BANCO PROPERT I ES, I hJC, ► � ► . . . . , � � � � � : (Northwestern National Bank) ��. ) ' . _ � � ,_, .. . . � J 5 � --' Y� ( �r , ., � , . ! . . �:�. , ,-- - ; . , � . � . _ _ . :°=f:- �' -- . ' �- �- • easement to be vacated '�" r f '� 't'�'' '��'� ' :� � : • ._ . . . :, :;: :;� :•;:, J � �� . � r - � ' . : ' ' . . �• �i��.� _��..'+ . '�• �+• �� i . . •��: .. . . ' ' ' ;� � � � � . . • EXNIBIT "B-2" � �- -- - - - ---- 1 �-,- - - - - - -- - - - - -- - - - - - S t ree t L e ve l i . � � - � ' � :ease�nent \ . ....... � � � � � I - � � _ U---��=/S.3i- � -� �. � . 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M -.��, &� r----y TOWN S�U A k E ..:..:::.�_...:_::;:::::::::::::::. ...:::::. �� ,� ��::::��:::::�:::��`_:�::::�:::::::.:::::�� ; � � i:::::::::.:.:::.::::� . ; . .: .: � �::::.:::` :. �, , ��:{ .�� .:.r::.:: � ::�.:::::::::� �; �� = ��=�� : �+--- --- - -,�.----------�- -�.-------„ • __ _.__ � � - - - - � _ - � - - ---- -.._ � • �- � � � ' y �l ! �� ! —' -� ' �� `�s'�'.,'; � � :�t0: -:�:: 1 � � � � � ,i. .. ..... .. ... .~ � � .. i _ '� �3' �� i � . . . . � � � _ � �-� i . ; � . -� ._� , �C: . ■ f''' . � ' ( i it � s �.p;;t s � . � � ��„� TOWN SOl1�RE � i RAD I SSON PLAZA HOTEL � ;,. � �s �f,�,�, I � < <,�------� —� ;;;� ' � _:� . � • i� � . a �� ;��t � . :_.:_,�. � .� �,�:�; ; E► . 1 . � � , . ��,. � " 1 { �- � � � �� + � �� , - 1 � � � e � - } EXHIBIT "B-4" ,4��:��-iv�^{ � r - �'� - - - � � � >tr�et Levt�l i , - - `� iX l� �}rG � � �� _ ..... �a5��rtt -- > P� � ' -3�- � � • ��--/5 GRANT OF EASEMENT ATHEREAS, NORTHERLY CENTRE CORPORATION, a Minnes�ta corpora- tion, hereinafter called "Grantor " , is tY►e owner in fee of that certain land situated in the City of Saint Paul, County of Ramsey, State of Minnesota, more particul.arly described in Exnibit 1 attached hereto, hereinafter called "Grantor 's �rope�ty" ; and WHEREAS, Grantor has agreed pursuant to that Agreement Q�`eQ by and among the Housing and Reaevelopment Authority of the City of Saint Paul, Minnesota, �i the City of Saint Paul, Grantor , Oxford Development Minnesota, �: Inc. , Carlson Companies, Inc. and St. Paul Joint Venture, to � grant to the City of Saint Paul a public easement for purposes M of ingress, egress and pedestrian transit through Grantor 's � Property for the Pedestrian Concourse System of the City of � Saint Paul, hereinafter the "System" . NOW, THEREFORE, in pursuance of�that Agreement, and in consideration of the sum of ONE DOLLAR ($1.00) and other va�uable consideration, the receipt and sufficiency whereof is hereby acknowledged, Grantor , for itself , its successors and assigns , does hereby grant unto the CITY OF SAINT PAUL, a Ninnesota municipal corporation , an easement for public - pedestrian ingress, egress and transit in, through and over the Proper._ty and the structures thereon, described as follows: all of which above described areas shall be collectively referred to as the "easement area" . - The easement area is expressly herein to be subject to such reasonabl-e police measures regarding open hours and closing any part or all of the easement area within, on or over Grantor 's Property and regarding public conduct within the System, as the City of Saint Paul may, by ordinance, from time to time determine. Tne public ' s right herein to ingress and egress and pedesLrian transit in and through the easement area granted to City herein shall also be and hereby is made subject to such reasonable measures regarding open hours and temporarily closing part (s) or all of the easement areas within or on _ Grantor 's Property as the City of Saint Paul may, by agreement �� = with the Grantor or its successors or assigns, from time to time determine. This provision shall not diminish City's right to, from time to time, exercise its police powers unilateralZy, Exhibit C-1 �� (�=�'s �J �.>- , > by ordinance , concerning open hours , or temporarily closing part (s) or all of the easement, or concerning public conduct within the System, nor shall such agreed or legislated hours in any manner restrict City 's easement interest, but shall affect only the public 's rights to pedestrian ingress, egress and transit in the City ' s easement during the hours so agreed or legislated. ' The grant of easement herein shallofethebeasementtcondight � of the Grantor to change the location � Lioned upon the grant of a new easement which shall germit the � continuity of the System, and, on the furtner condition that M the new easement area shall be installed at the sole cost and Q expense of the Grantor , and, on the further condition that no C'a change in the easement location shall be made without approval C`� of the Housing a�nd Redevelopment Authozity of the City of' Saint Paul, Minnesota, its successors or assigns, and the City of Saint Paul, such approvals not to be unreasanably withheld and on the further condition that said new easement shall be sur- � veyed and described by a registered land surveyor at the expense of Grantor . Lack of approval or disapproval of the request for change of- location of easement by Grantor within ninety (90) days following the date on which request for such change together with plans and specifications therefor are submitted to the Housing and Redevelopment Authority of the City of Saint Paul, its successors or assigns, and the City of Saint Paul, shall be deemed approval. Notwithstanding anything to the contrary herein, the easement granted herein shall be limited to the life of the improvements constituting the System and shall terminate upon th�e happening of either of the following events: p,. In the event the easement granted herein is vacated, � abandoned or terminated in the manner permitted by law. g. In the event the building (s) in, upon, or over which the easement area is located shall be substantia�.ly 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 , its successors and assigns, agree that, without further consideration, a substitute easement of substantially equal convenience , area and general configuration shion thereofnis relocatedent the easement or any port vacated or terminated under the provisions hereof, City shal.l furnish a release of such easement or portion thereof to Grantor , its successors or assigns. /� - Grantor , for itself , its successors and assigns, does � � hereby agree for and during the life of said easement, Grantor• or its designee by separate agreement, shall be responsible for -2- . � / -� , . . � �s�5,3z . � � and provide foz the cost af all repairs, operation, improve- ments and replacements. of the easement area as described herein, it being understood that the aforesaid covenant shall run with the land. TO HAVE AND TO HOLD said public easement for pedestrian ingress, egress and transit until the System is vacated or abandoned in the manner permitted by law, or terminated in accordance herewith. IN WITNESS WHEREOF, Grantor has hereunto set its hand this �i day of , 19 C": � � ( S E A L ) ' , NORTHERLY CENTRE CORPORATION :''3 - ;� By Its B fJ . y Its STATE OF MINNESOTA ) -- ) ss. _ r . ._.. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this . . . . � by and � , respectively the and . . . _ . . of NORTHERLY : CENTRE CORPORATION, a Minnesota corporation, on behalf of the corporation. �"'.,- _3_ �� .' . . � �`� �f�3 � GR.ANT OF EASEMENT (Re : Parcel A-4) S�7HEREAS, [ST. PAUL JOZNT VENTURE, a Minnesota partnership consisting of Capital Hospitality Corporation, a Minnesota corporation, as a general partner , and SPH Hotel Company, a � Minneso�a corporation, as a general partner , hereinafter called "Gran�ar " , is the owner in fee of that certain Iand situated in the City of Saint Paul, County of Ramsey, State of Minnesota, more particularly described in Exhibit 1 attached hereto, hereinafter called "Grantor 's Property"J ; * and WHEREAS, Grantor t�as agreed pursuant to that Agreement � �i dated • by and among the Housing and � Redevelopment Authority of the City of Saint Paul, Minnesota, �,,3 the City of Saint Paul, Northerly Centre Corporation, Oxford � Development Minnesota, Inc. , Carlson Companies, Inc. and � Grantor, to grant to the City of Saint Paul a public easement � for purposes of ingress, � egress and pedestrian transit through Grantor ' s Property for the Pedestrian Concourse System of the City of Saint Paul, hereinafter the "System". NOW, THEREFORE, in pursuance of that Agreement, anc3 in consideration of the sum of ONE DOLLAR ($1. 00) and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, Grantor , for itself, its successors and assigns, _does hereby grant unto the CITY OF SAINT PAUL, a Minnesota municipal corporation, an easement for public pedestrian ingress, egress and transit in, through and over the Propexty and the structures thereon, described as follows: all of which above described areas shall be collectively referred to as the "easement area". *If grant of easement is made after. conveyance by Venture of real estate described in Exhibit l, then the following should be substituted and appropriate correction made throughout the grant of easement to reflect substitution of the substituted Grantors for Venture : "Oxford Development Minnesota, Inc. , a Minnesota �corporation and Carlson Companies, Inc. , a Minnesota corporation, hereinafter called collectively 'Grantors ' and respectively the owner in fee of that certain land situated in the City of Saint Paul, County of Ramsey, State of Minnesota, more particularly described in Exhibit 1 attached hereto, and lessee of that certain land situated in the City of Saint Paul, �'�'•- County of Ramsey, State of Minnesota, more particularly ' - described in Exhibit 1 attached hereto and owner of the improvements constructed thereon, hereinafter called `Grantors ' Property "' . � Exhibit C-2 L/' �� ; � �--��--,.�z_ Tne easement area is expressly herein to be subject to such reasonable police measures regarding open hours and closing any �art or all of the easement area within, on or over Grantor ' s Property and regarding public conduct within the Systein, as the City of Saint Paul may, by ordinance, from time to time deternine. The public ' s right herein to ingress and egress and �eoes�rian transit in and through the easement area granted to City herein shall also be and hereby is made subject -to such � reasonable measures regarding open hours and temporarily �;' closing part (s} or all of the easement areas within or on � Grantor 's Property as the Cit.y of Saint Paul may, by agreement � with the Grantor or its successors or assigns, from time to ,.,� time determine. : This provision shall not diminish City `s right � to, from time to time, exercise its police powers unilaterally, by ordinance, concerning open hours, or temporarily closing part (s) or all of the easement, or concerning public conduct within the System, nor shall such agreed or legislated hours in any manner- restrict City's -easement interest, but shall affect only the public 's rights to pedestrian ingress, egress and Lransit 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 condi- tionen upon the grant of a new easement which shall permit 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 location shall be made without approval of the Housing and Redevelopment Authority of the City of Saint . Paul, Minnesota, its successors or assigns, and the City of Saint Paul, such approvals not to be unreasonably withheld and on the further condition that said new easement shall be sur- . veyed and described by a registered land surveyor at the expense of Grantor. Lack of approval or disapproval of the request for change of location of easement by Grantor within . ninety (90) days following the date on which request for such change together with plans and specifications therefor are submiLted to the Housing and Redevelopment Authority of the City of Saint Paul, its successors or assigns, and the City of Saint Paul, shall be deemed approval. � Notwithstanding anything to L"he contrary herein, the easement granted herein shall be limited to the life of the improvements cons�ituting 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 terminated in the manner permitted by law. ' _2_ � y,� . � �_ ��- .�s-� � . . G L--- g. In the event the building (s) in, upon, or over which , the easement area is located shalb�bldinbssanshallynot . destroyed or demolished and such g � � that � be repaired or reconstructed ; provided, however , . in the event such building (s) be reconstructed or replaced, Grantot , its successors and assigns, agree . that , �aithout further consideration, a substitute � easement of substantially equal convenience, area and ,�„� general configuration shall be given. In the event G^ the easement or any portion thereoovisions�hereof, e? vacated or terminated under th p M City shall furnish a release of such easement or � portion thereof to Gzantor , its successors or assigns. C�3 � . � Grantor, for ,itself, its successors and assigns, does hereby agree for and cluring the life of said easement, Grantor or its designee by separate agreement, shalerationsP�mprove_for and provide for the cost of all repairs, op ments and replacements of the easement area as described herein, it being understood that the aforesaid covenant shall run with the land. TO HAVE AND TO HOLD said public easement for pedestrian ingress, egress and transit until the System is vacated or abandoned in the manner permitted by law, or terminated in accordance herewith. IN WITNESS WHEREQF, Grantor has he19unto set its hand this day of ' • ( S E A L ) [ST. PAUL JOINT VENTURE Capital Hospitality Corporation By Its SPH Hotel Company � By Its , �� _ -3- 1 /� 7 _ .. : . � (��j-�..�3�-- STATE OF r1INNESOTA ,) � ) ss. COUI�TY OF RAAISEY ) . The foregoing instrument was acknowledged before me this � by , the of CAPITAL HOSPITALITY CORPORA- TIpN, a Minnesota corporation, a general partner in ST. PAUL JOINT VENTURE, a Minnesota partnershzp, on behalf of the partnership. � ` C''; - - '�' , , �"� � � � :� STATE OF MINNESOTA •) � j' � . � � .) s s . COUNTY OF RAMSEY ) The foregoing instrument was� acknowledged before me this . � by � the of SPH HOTEL COMPANY, a Minne- sota corporation, a general partner in ST. PAUL JOINT VENTURE, a Minnesota partnership, on behalf of the partnership_ , . . . . . 7 - or - ( S E A L ) jOXFORD DEVELOPMENT MINNESOTA, INC. By . . . Its . . . . . . By . . . . zts _ �.._ � _4- y� � i ��S�� STATE OF r1INNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this , � by and , respectively the � and � � of OXFORD DEVELOPMENT MINNESOTA, INC. , a Mznnesota corporation, on behalf of the corporation. � �'; � • ' '� . . � , � . :"� - � ( S E A L ) � CARLSON COMPANIES, INC. By Its By . .� _ Its • STATE OF MINNESOTA ) ) ss . • COUNTY OF RAMSEY ) , ; , The f oregoing instrument was acknowledged befare me thzs � � . . � by . . . . . . . . . . . . . . and � , respectively the � and . . of CARLSON � COMPA�IES, INC. , a Minnesota corporation, on behalf of the � corporation. ] j - . -5- �� . . (�-�� /5`3.� � GRANT OF EASEMENT S��HEREAS, OXFORD DEVELOPMENT MINNESOTA, ZNC. , a Minnesota corporation , hereinafter call.ed "Grantor " , is the owner in fee of that certain land situated in the City af Saint Paul, County of t2amsey, State of Minnesota, more particularly described in � Exhibit 1 attached hereto , hereinafter called "Grantor ' s a�operty" ; and WHEREAS, Grantor has agreed pursuant to that Agreement cated by and among the Housing and Redevelopment Autharity of the City of Saint Paul, Minnesota, the City of Saint Paul, Grantor , Northerly Centre Corporation, � Carlson Companies, Inc. and St. Paul Joint Venture, to qrant to ,��- the City of Saint Paul a public easement for purposes af � ingress, egress and pedestrian transit through Grantor 's � Property for the Pedestrian Concourse System of the City of ;"� Saint Paul, hereinafter the "System". � NOW, THEREFORE, in pursuance of��Chat Agreement, and in consideration of the - sum of ONE DOLLAR ($1.00) and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, Grantor , for i,tself , its successors and assigns, does hereby grant unto the CITY OF SAINT PAUL, a Minnesota municipal corporation , an easement for public peciestrian ingress, egress and transit in, through and over the Proper�y and the structures thereon, described as follows: all of which above described areas shall be collectively . referred to as the "easement area". The easement area is expressly herein to be subject to such . reasonable police measures regarding open hours and closing any part or all of the easement area within, on or over Grantor 's Property and regarding public conduct within the System, as the City of Saint Paul may , by ordinance, from time to time aetermine . The public ' s right herein to ingress ancl egress and . aedestrian transit in and through the easement area granted to City herein shall also be and hereby is made subject to such reasonable measures regarding open hours and temporarily closing part (s) or all of the easement areas within or on Grantor ' s Property as the City of Saint Paul may, by agreement �'��= with the Grantor or its successors or assigns, from time to ' time determine. This provision shall not diminish City`s right to, from time .to time, exercise its police powers unilaterally, Exhibit C-3 � /� �,C ( � . � �a� �s-��s.�� v ordinance, concerning open hours , or temporarily closing �art {s} or all of the easement, or concerning public conduct within the System, nor shall such agreed or legislated hours in an�� manner restrict City ' s easement interest, but shall affect o:,ly tne public ' s rights to pedestrian ingress� egress and transit in the City ' s easement during the hours so agreed or legislated. . � Tne grant of easement herein shall. be subject to the right C,,, of the Grantor to change the location of the easement condi- � tioned upon the grant of a new easement which shall germit 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 location shaZl be made without approval of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, its successors ar assigns, and the Gity of Saint Paul, such approvals not to be unreasonably withheld and on the further condition that said new easement shall be sur- veyed and described by a registered land surveyor at the � expense of Grantor . Lack of approval or disapproval of the request for change of location of easement by Grantor within ninety (90) days following the date on which request for such - change together with plans and specifications therefor are submiLted to the Housing and Redevelopment Authority of the City of Saint Paul, its successors or assigns, and the City of Saint Paul, shall be deemed approval. Notwithstanding anything to the contrary herein, the easement g�znted herein shall be limited to the life of the imp�ovements constituting 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 terminated in the manner permitted by law. B:. In the event the building (s) in, upon, or aver which the easement area 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 , its 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 unc3er the provisions hereof, City shall furnish a release of such easement or portion thereof to Grantor , its successors or assigns. J~.- Grantor , for itself, its successors and assigns, does � hereby agree for and during the life of said easement, Grantor• or its designee by separate agreement, shall be responsible for -2- � . � ., � .. ��S=�s�� . and provide for the cost of all repairs , operation, improve- ments and replacements. of the easement area as described herein, it being understood that the aforesaid covenant shall . run with the land. ; TO HAVE AND TO HOLD said public easement for penestrian ingress, egress and transit until the System is vacated or - . � abandoned in the manner permitted by law, or terminated in � accordance herewith. C'�7 IN 4v'ITNESS WHEREOF, Grantor has hereunto set its hand this ' � day of , 19 .� . . � � . ( S E A L ) . OXFORD DEVELOPMENT NfINNESOTA, INC. By Its- � j- By Its STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this � � by and � - � � - � , respectively the . and . . . . . of OXFORD DEVELOPMENT MINNESOTA, INC. , a Minnesota corporation, on behalf of the corporation. . ��. _�_ y� �� , � �� ,��.�iS.3�-- ' GRANT OF EASEMENT (Re• Parcel A-2) �„� wHEREAS , ST. PAUL JOINT VENTURE, a Minnesota partnership �°^ consisting of Capital Hospitality Corporation, a Minnesota �? corporation , �s general partner ► and SPH Hotel Company, a � riinnesota corporation, as general partner , hereinafter called � "Grantor " , is the owner in fee of that certain land situated in � '' tne City of Saint Paul, County of Ramsey, State of Minnesota, � more particularly described in F�hibit 1 attached hereto, hereinafter called "Grantor ' s Property" ; and W?iEREAS , Grantor has agreed pursuant to that Agreement dated by and among the Housing and Redevelapment Authority of the City of Saint Paul, Minne'sota, tne City of Saint Paul, Northerly Centre Corporation, Grantor, Gxford Development Minnesota, Inc. , and Carlson Companies , Inc. , to grant to the City of Saint Paul a public easement for purposes of ingress, egress and pedestrian transit through Grantor ' s Property for the Pedestrian Concourse System of the City of Saint Paul, hereinafter the "System". NOW, THEREFORE, in pursuance of that Agreement, and in consideration of the sum of ONE DOLLAR ($1.00) and other � valuable consideration, the receipt and sufficiency whereof is hereby acknowledged , Grantor , for itself, its successors and assigns, does hereby grant unto the CITY OF SAINT PAUL, a Minnesota municipal corporation, an easement for public _ pedestrian ingress, egress and transit in, through and over the Property and the structures thereon, described as follows: ' all of which above described aieas shall be collectively referred to as the "easement area". The easement area is expressly herein to be subject to such reasonable police measures regarding open hours and closing any part or all of the easement area within, on or over Grantor 's Property and regarding public 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 aedestrian transit in and through the easement area granted to City herein shall also be and hereby is made subject to such reasonable measures regarding open hours and temporarily �--�: � closing partts) or all of the easement areas within or on � Grantor ' s Property as the City of Saint Paul may, by agreement with the Grantor or its successors ar assignsr from time to time determine. This provision shall not diminish City's right to , from time to time , exercise its police powers unilaterally, Exhibit C-4 �G I ; � �d��J5�3.� by ordinance, concerning open hours, or temporarily closing � part (s) or all of the :easement, or concerning public conduct within the System, nor shall such agreed or legislated hours in a:�y manner restrict City ' s easement interest, but shall affect only the public 's rights to pedestrian ingress, egress and transit in the City 's easement during the hours so agreed or � legislated. C"; � Tne grant of easement herein shall. be su6ject to the right � � of the Grantor to change the location of the easement_ condi- � tioned upon the grant of a new easement which shall permit the � continuiLy 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 location shall be made without approval of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, its successors or assigns, and the City of Saint Paul, such approvals not to be unreasonably withheld and an the further condition that said� new easement shall be sur- veyed and described by a registered land- surveyor at the � expense of Grantor. Lack of approval�or disapproval of the request for change of 'location of easement by Grantor within ninety (90) days following the date on which request for such - charige together with plans and specifications therefor are submitted to the Housing and Redevelopment Authority o€ the Ci�y of Saint Paul, its successors or assigns, and the City of . Saint Paul, shall be deemed approval. Notwithstanding anything to the contrary herein; the - easement granted herein shall be limited to the life of the improvements constituting 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 terminated in the manner permitted by law. B. In the event the building (s) in, upon, or over which : � the easement area 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 reconstzucted or replaced, Grantor , its successors an.d assigns, agree that, without further consideration, a substitute . � easement of substantially equal convenience, area and general configuration snall be given. In the event the easement or any portion thereof is relocated, vacated or terminated under the provisions hereof, City shall furnish a release of such easement or portion thereof to Grantor , its successors or assigns. �.. Grantor , for itself , its successors and assigns, does �� hereby agree for and during the life of said easement, Grantor• or its designee by separate agreement, shall be responsible for -�- s� � � . 1 ��.� /-�-�L t. � and provide for the cost of all repairs, operation, improve- ments and replacements of the easement area as described herein, it being understood that the aforesaid covenant shall run with the land. TO xAVE AND TO HOLD said public easement for pedestrian � ingress, egres� and transit until the System is vacated or �; abandoned in the manner permitted by law, or terminated in � accordance herewith. C7 � � IN WITNESS WHEREOF, Grantor has hereunto set its hand this � day of , 19 ( S E A L ) ' ST. PAUL JOINT VENTURE ' Capital Hospitality Corporation • By Its SPH Hote1. Company By Its STATE OF MINNESOTA ) � ) ss. , COUNTY OF Ramsey ) - The foregoing instrument . was acknowledged before me this . . . . . . � by and � � , respectively the • and � . . . _ . . . . of CAPITAL HOSPITALITY C�RPORATION, a Minnesota corporation, a general partner in ST. PAUL JOINT VENTURE, a Minnesota partnership, on behalf of the partnership. j....- �/ _3_ , `• ' � �J/�3 Z- ' STATE OF riINNESOTA ) ) ss . COU?�TY OF RA.MSEY �) � The foregoing instrument was acknowledged before me th.is C: , by � � ;"� the of SPH HOTEL COMFANY, a Minne- � sota corporation, a general partner in ST. PAUL JOIhT VENTORE, � a Aiinnesota partnership, on behalf of the partnersnip. � . . i . / ,- i - _4_ ��- ��' - -=- '- - :.:" - � . ..y. � � �� . .. ..._�.�...�•................�...�.�.............�...�. � . . , . , . �� J_��3� . . :� _ . : � � � - . : . � - : . . � �, . . . . � . . . . - . - .� � . . - , . . . . - . :� . � � . . _ 4� IrSL�.AHC� . . � . .� . .- �. . .. - .. -: . :- . . . . - : _ .- T":,e contractor shall .furn.ish proof of insuraace directly to the City Attorney . prior to c�encing �:ork. The contractor sha1.I bold har�Iess and defend the:: :::.. _ City, c�nere applicable, agzinst �ny and all clai�s for property d�-^..�ge and•'- - c1..aias for injurp to oz death of one, or r�ore thaa one, persoa, bec�c�se� of � : � � acciden�s :�nich r..ap occur ar result: fro� operatiaas under t�a contrect. • The � ��- coatr�etor sha1Z pay any juc��eat against the City zesult{ng fra� zny suc�i _. . � � sLit. T'�e Citg shall bave the =ight at its option to participate ia znp such' - ?itigatioa k-it�icut relievi�qg the�contractoz of any of its obligatiaas. .The � � con�ractor �shaS1 e�rry the folla-.ring insurance n�.ing tbe City as a co-iasured � _ .�hereoa: • • � . - : • . � . . . __ � . , _ . . . - -.,.� .. �. Ccntractoz t s Public I.iab3lity Iasuraace :rith �imits of $5U0,OOQ/$�00,fl0D -n,�ing and protecting Lhe coatractor, zIl subcontractors, agaiast clairs - � . for injury to 'or death of �one or more pe:sors as � .esult ef acnideats �� . � = c:hich nap occur at the site frcm o�esatioa under the coatract. '. ' B. Property D�ge •Insu�aace uith l�aits of �150,�OOf�300,00D.� - . -. , � _ _ • C, �Tor�en's Compensatioa Insurance ia ca�pl.iance crith the Ls�.-s•vf the � � . State of N`,innesata. � � • . . • � - ' . . . � � . • • - D. �uta�abile Insur2ace, including o-..-aed, hired znd nono�.�ed vehi�le " _ . coverage li�its of $100,000/$300,000 bodily iujury and $SU,040 pe= ' . • � occurre:ce property d�age. . • . �. i — ' • . � ' �^-� � " � � • - . . Exhibit D-1 . �� . - '.}_' - � ...... .............................................................-......:.�:......... ................_..............................-........._.........""..........._.."' ............-....."""""�'...��.�.......��.....� .......�..� ' • ' . . \ . • .. ��.��`/5,3r . • � . r . � � • • � � . . �. ' V�` . • . . _ _ • . C'7 . . i� . � • � . . . � . . . . � � G� , ,-� . . . . �.. - . �'6 1 t�SlkinNCE . . . ..'/ - . : -. �. : . ... . �.'r�di ry Ssci ion •4 of-fihe G�nsr'ai� Condittons, as rot Iows: � . .'. �.. � .�,: ,�,' ' �. . _ : . �a. tr.set-�.�he' foI lcx�t�,� a►►er Cj-t�: " � :. :. • . _ ••... . ' .:� �• '._.-.. ---•� "and Harar�t , Grzen and {tihrahamscr,; In�.rr ' '. . . .�� : : . :- _ •� �•— . - . - b. ;ar2grap r-�Y Dar,ags 1 rL.vrance. Da i e;-e -fiilt�s por-�i on.of -tfie�= • -- ,`T:'--. h B: Praae � � . = parag�ph In �I�5 eny�re�y and inser�' +�e fot Io�ring in iTS ptac�c ,'�r�er�/�, .__ = par��e insurance in �hs e�r�unt of not tess �-nan 5504;003 .for ai t da::�grs to or�'_=:;:� :-��': des�rvc►Ion of pro�er►y in any one accidenfi, and subJect '#'o ifiat I tmit per •. ,•. ._, �acc i d�nt; furthec' sub ject �o a �ota I of Rofi less tnan �t ,000,4UJ� for,a2 I '" �,__";-T,�;=_� = dar:�e�� o or des�rvc�ion of pt-opet-�► �uri ng the pot icy per�od. - :�:• . ._ ; .��_ - . • . • • . ._.. . . . _ . . : �— � Par-agraph C' � -�- � - �• - : --' ".' � '- _;.,: :;. ='";.:: C. •s�. ' • - . ' � ' . . . • - ' ' - • - :: . ,.'�'� :i.`;= S.� der�s Rl�sk I nsuranca sha t i be for �fie be�ef�t.o�� 'he Co;�;'rz�c;�ot-;�.;:::;`.�.�:: The � t f � �;-he C i ty of St.� Pau.l, •the �A and the abu-;;i ng pc-op°r�y owners as ►'heI r. I rr,-erests'::�� • r,zy zppear' t n fiha va i ue oT fiha cos; oi �he Nork un�er fh i s con��ract, and ezch shal I; - be spec3t�caI Iy nar,�ed in �'he po! 1cy or- pot icTes as an insurecf; or afi the Contt-aci`ot'' . op�ic�, a Blankej�a�rneris Profec�'Ive Poticy cavering a1t Orrn�rs tincIudi�g adjacen; b��i1�Ir� owners) t�y be provtded in lieu of ►he above Builder�s Risk Insurancs and ' --- Ciiy o� S;. ,Fau1 Uni►orm Cer-��flca�e o� Insutance. . - - _- : - . - . � , . . . . • - - , � . • ��N d. �3d the fol IoH1ng after par�gr-aph �0: . . . : . . . . . . _ _ . - .. ---� E. The Contrac►`ot' sha 11 a t so cause to have execc�ted ��e Ctfiy of Sai nfi Pau t-.�_ nUniform Endorse.^�en�" t'equtt'ed by the Satnt Paul Legtslative C�d8� . a5, 2m°�a9d. �- Tfi i s f o r-n can be obta(ned at ;he serv i ce desk on the 6th F 1 c�r of �he Ci�y Ha�� , . , . �,nnex. . ' . ' . , ' " . � . . _ . . . . . � . Exhibit D-2 � V • � � , '. CI^1�Y OF SAINT PBUL ��/�� _' •w I F�� ' �r � i �,' „ ;;,,t,,.,,; �;�, OIr`I�'ICF OI` THE CITY COIINCIL ..�a.�...-.... ..�, •�_,' „''„=,� �1� . . � �� d�e : November 13, 1985 M �'' � 4 .�, ' ^ � C� MMiTTEE REPORT � _ ; ; � `` � TO = SQint PQU i City Council � ! FROM � Committ�ee on PuBLZC woRxs ' � CH A i R , Chris Nicosia , The Public Works Committee at its meeting of November I3, 1985 to4k the following action: Hearina Date 1. 11/19/85 FINAI ORDER: Improve HAMLINE AVENUE from Como Avenue to Hoyt Avenue by grading and paving with bituminous material , constructing conerete curb and gutter, constructing drainage structures and arr ornamentai street • lighting system and doing all other work necessary to complete said improvement. Recommended approval with stipuTation a variance on the parking ban be requested from State and that residents on Hamline be canvassed as to which side of street parking _ should be banned. 2• RESOLUTION: to place rental income of city-owned property . . . at 121 Second Street in proper budget activity. (referred 10-29-85) . Recommended approval . 3. RE50LUT10N: giving approvai to the MWCC plans and specs to build part of the Minneapolis East Interceptor sewer within the City of St. Paul , � AND RESOLUTION: authorizing city officials to execute a Consent of Easement with MWCC. � Recorranended approyal with stipulation hour5 of hauling excavation material be restricted. 4. RESOLUTION: authorizing Tom Eggum and/or Roger Puchreiter � to sign all Financial Assistance documents for Federai and State grants and aids relative to Combined Sewer Overflow Abatement Project. (referred 11-5-85} Recommended approval . 5. ` ,' . . �'��rt,� and specs for construction of � ,:� N4.6� .�l��,paving of approach roadway ��±::: . `#!nd north over i ook: a 1 so � !�?Prpv�'< _,_ , � c'r: ,. off i c.i�1 s to s i gn Cooperat i ve ll,� � ' �3frr�'`Storm se�►er i n Smi th Avenue `�� ` ". ' ort Road. i • ��,�?�`ova 1 . O D 555 Peavey Building �o`��`3 � OO��GO�D �nO�C�lrl'�S„ 730 Second Avenue South Minneapolis, Minnesota 55402 . , ��(�[C�„ (612) 372-1655 i � I September 3, 1980 I � Philip B. Byrne Assistant City Attorney 647 City Hall Saint Paul, Minnesota 55102 Re: Skyway Agreement Dear Phil: Enclosed for your records please find three fully executed copies of the Sixth Street Skyway Agreement between the Housing and Redevelop— ment Authority, the City of Saint Paul, Northerly Centre Corporation, Oxford Development Minnesota, Inc. , St. Paul Joint Venture and the Carlson Companies, Inc. Also enclosed is a copy of the letter of approval on behalf of The Traveler' s Insurance Company approving the Skyway Agreement. Thank you for your kind consideration and cooperation in this matter. � Very truly yours, � • Robert 0. Straughn Legal Counsel � i ; ; ROS/gh � i Encl. i � ; cc: Samuel Bearmon, Esq. RECElVED � � S E P 4 t�� - ' CITY ATT��?�vEY � i , ; n n�no�n o� ,n�ic o�X<GOO nDD DD CvCL01�nn Cfnlir GI1�Ui� OO r COO n I�f�1fn111CS„